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Home My WebLink About028780 ORD - 09/14/2010Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AN CORPUS CHRISTI CHEVROLET, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO 6.87 ACRES OUT OF WOODLAWN ESTATES, BLOCK 1, LOTS 1 AND 2, AND FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 18, LOTS 3 AND 4, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R1-BISP" ONE -FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT, SUBJECT TO A SITE PLAN AND TEN (10) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of AN Corpus Christi Chevrolet, LP, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 4, 2010, during a meeting of the Planning Commission, and on Tuesday, September 14, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the -City Council has determinedthat thisamendmentwould best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 6.87 acres out of Woodlawn Estates, Block 1, Lots 1 and 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4, approximately 1,300 feet northwest of the intersection of McArdle Road and Nile Drive, from "R1 -B" One -Family Dwelling District to "R1-B/SP" One -Family Dwelling District with a Special Permit, subject to a site plan, attached, and ten (10) conditions. (Zoning Map 040035) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following ten (10) conditions: H:1LEG-D1RIShared\LEGAL-DEV.SVCS12010 Agenda19-14-1010810-02 AN Corpus Christi Chevrolet, LP1081002 R-1 B to R1-B- SP.Amended Condition 9.doc 0'8'780 INDEXED Page 2 of 4 1. Uses: All uses allowed in the "R1 -B" One -Family Dwelling District, plus the use of the property as vehicular parking associated with automobile sales and service. 2. Buildings: No buildings are permitted. 3. Landscaping: Along McArdle Road, the addition of an approximately a 4 -foot tall landscaped berm. Along residential adjacency, addition of canopy trees, as approved by City Staff during site development plan review, with a minimum of a 3 -inch caliper trunk measured at 4 -feet above grade planted at thirty (30) feet on center. 4. Screening: Repair/Replacement of the solid screening fence along McArdle Road with a minimum height of six (6) feet. An eight (8) foot tall, solid screening fence along residential adjacency. 5. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. Additionally, no private lighting poles shall be located within 25 -feet of any adjacent residential lot. 6. Outdoor paging systems/intercom systems: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Dumpsters: Solid waste dumpsters shall not be located within 50 -feet of a residential property and shall be screened with building materials consistent with the materials found on the facade of the main auto sales building(s)...___. 8. Hours of Operation: 6:30 AM to 7:30 PM 9. Ingress and Egress: There shall be one point of access for ingress and egress along McArdle Road, which shall be placed directly across from Clarion Drive with a thirteen (13) foot height bar, which shall limit access of vehicles that are thirteen (13) foot in height or greater. 10. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. C:IDOCUME-11JosieEILOCALS--11iemplxPgrpwise1081002 R -1B to R1-B-SP.Amended Condition 9.doc Page 3 of 4 SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35-3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so at this ordi ance is passed upon first reading as an emergency measure on this day of h,et., 2010. ATTEST: Armando Chapa City Secretary APPROVED: 9 , 2010 ,a0c4"//c eborah Walther Br Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Ad Mayor, City of Corpus Christi 1-1:ILEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda19-14-1010810-02 AN Corpus Christi Chevrolet, LP1081002 R-18 to R1-B- SP.Amended Condition 9.doc Page 4 of 4 Corpus Christi, Texas (4aay of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EFFECTIVE DATE 1n: 211200 H:ILEG-DIRISharedlLEGAL-DEV.SVCS12010 Agenda19-14-1010810-02 AN Corpus Christi Chevrolet, LP1081002 R-1 B to R1-B- SP.Amended Condition 9.doc 028780 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5948748 Po # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/30/2010, 8./30./2010. $ 248.07 iTime(s) On this '. ' \lay of is a true and an exact copy L),L LE 1 ALES RRESENTIVE OwENN J. MEDINA MY COMMISSION EXPIRES Nat ,' �`�g August 2, 2012 A.0 '4$6ke,,R*W19,0111"0164.111.0.1041/41.11MIPINIES4 N , 2'I V-1 certify that the attar d document ade by p • ishpr. Nota Public, State of Texas GE >') August 30 X010 » CALLER -TIMES Legal Notices .1110 N ICE OFPUBLIC HEARING'tQ:'CON- SIDER ZONING APPLICATION(S) OFTHE CITY F CORPUS CHRISTI Notice is. hereby giv en that the Corpu Christi .City Counci will conduct a'publi hearing on Septem ber 14, 2010 during. regular Council meet ing which cornmenc es at 12:00 °pm in. th Council Chambers City Hall, 1201.' Leap ard, to consider th following zoning ap pllcation(s) which ar On file in the Office o the City Secretary s' the Dept. of Planning 'At said time .& plac `of hearing.,. persons parties interests may appear befor the City Council:. 1. 0810-01, Jobita M. Coronado & Mary G. Dillard From the "R-1 B" One -family Dwelling District to the "'B-1" Neighbor- hood Business Dis- trict `Located at 502 Balboa St.,' -approxi- ;mately 900, ft, south. of the intersection of. Balboa St. and Bald- win Ave: 0810.02, AN Cor us; Christi Chevrolet P: From the "R -1B" ne-family Dwelling lstrict to . the "B-3' eneral Business 'strict - Located ap-. roximately 1,300 ft. orthwest of the in- ersection of McArdle d. and Nile Dr. .`0810-.03 Fabian: oline Family Ltd: roin the "8-4' Gen- ral Business :District o the " "1-2' Light (n ustrial. District - Lo- cated at 3814 Mush - net Dr:, approximate- y 975 ft northwest of he intersection of Acushnet Dr.;' and Weber Road. lnforrnation rnaybe obtained by calling or visiting the Dept: of. Development Servic- es, Planning Section at (361) 826.-3560, 2406 Leopard St, /8/Armando Chapa City Secretary 6 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5950598 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0287 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/20/2010, 9/20/2010. $ 210.24 LEG SALES R RESEN IVE 1Time(s) On this R' -day oafott, oaf , 2 I certify that the attached document is a true and an exact copy made by publisher. GWENN J. ME D1NA I ,{ C A at 2, 2012 EXPIRES Not ry Public, State of Texas CALLER -TIMES « September 20, 2010 :a 3E Legal Notices 1110 NO O PASSAGE OF ORDINANCES NO 028779, Amend lingg:'the 'Zonin lOrdinance, upon apt. plication by Jobita Coronado &' Mary :G Dillard by changin the Zoning Mapi, reference to Austi. Subdivision, 'Biock. 3.4 Lot '17, from"1R 1B' e=f Onarnlly Dwelling District to `R-1 B/SP One -family Duvelling? District with a:Speclal+ Permit, subject to' seven (7) conditions;' NO. 028780, Amend- ing ..the Zoning Ordinance; upon ap- plication by AN Corpus Christi Chev- r o le t;, :: LP, by changing, the Zoning, Map in reference to 6.87. acres out of! Woodlawn Estates i Block 1, Lots 1 and 2, and Flour Bluff and Encinal Farm andd��ry Garden Tracts Secy tion 18, Lots 3 and 40 from °R 1 B".One4 family Dwelling Dis:. Mot. to 'R1-BB/SP.1 One -family Awellin District witha Speci. Permit subject to' Site Plan .atnd to (10) :conditions, ah NO. 028761, Amen ing the' Zonis' Ordinance, upon a plication by.,Pabian Mdlina Family LTD by changing the Zoo. ing Map in referencit to 0,977acres out o Saratoga Weber,Pla4, za Subdivision, Bloclir ' Lot 14,:from "B=4'1? i7, GGeneraati l Buslnes (District to "1-2" Lightd Industrial Districti hese ord', ward eased & .approved y the Carpus Christi Ity Council on Sep em qoeer 14, 2010. /-ai Armando Chapa City Secretary: