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Home My WebLink About028860 ORD - 11/16/2010Page l' of 4 ' ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BURY+PARTNERS-SA, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO ALAMEDA ESTATES SUBDIVISION, BLOCK 2, LOTS 7C, 7D, 7E, 7F AND PORTIONS OF LOTS 3, 15, AND 16, LOCATED SOUTH OF DELANO DRIVE BETWEEN ROBERT DRIVE AND ELDON DRIVE, FROM "R-1B/SP" ONE FAMILY DWELLING DISTRICT WITH SPECIAL PERMIT AND "R -1B" ONE -FAMILY DWELLING DISTRICT, TO "R-1B/SP" ONE FAMILY DWELLING DISTRICT WITH SPECIAL PERMIT, RESULTING IN A CHANGE OF LAND USE FROM A ONE - FAMILY DWELLING USE, CERTAIN LOTS WITH SPECIAL PERMIT AND OTHERS WITHOUT, TO A ONE FAMILY DWELLING USE WITH A SPECIAL PERMIT ASSIGNED TO ALL LOTS, SUBJECT TO A SITE PLAN AND FIVE (5) 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 Bury+Partners-SA,Inc. , 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, October 13, 2010, during a meeting of the Planning Commission, and on Tuesday, November 16, 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 determined that this amendment would 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 Alameda Estates Subdivision, Block 2, Lots 7C, 7D, 7E, 7F and portions of Lots 3, 15 and 16, located south of Delano Drive between Robert Drive and Eldon Drive, from "R-1B/SP" One -family Dwelling District with Special Permit and "R-1 B" One -family Dwelling District, to the ""R-1B/SP" One -family Dwelling District with Special Permit, to allow for the expansion of the off-street parking lot and for phased additions to the existing retail food store, which are not to exceed 15, 000 square feet, subject to a site plan, (attached as Exhibit "A"), and five (5) conditions. (Zoning Map- Exhibit "B") 028860 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda111-16-1010910-01 Bury+Partners SA, Inc11-16-10 ORD -zoning R-1B(SP) & R -1B to R-1B(SP).conditions amended.doc INDEXED Page 2'of4 SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. Uses: All uses allowed in the "R-16" One -Family Dwelling District, plus the expansion of the off-street parking lot for the existing retail food store and phased additions to the retail food store not to exceed 15,000 square feet within the designated building envelope shown on the attached site plan. Phased additions may include parking, building, a drive-thru pharmacy canopy or drive-thru lanes within the building envelope and exterior freezer/coolers (subject to staff review and approval). 2. Landscaping: Landscaping must be provided in accordance with Article 27B Landscape Requirements as if new construction in the "B-1" Neighborhood Business District. 3. Screening: Continuation of existing solid screening fence along Delano Drive. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5. Time Limit: Such Special Permit shall be deemed to have expired within 36 months of the date of this ordinance, unless at that time the property is being used as outlined in Condition #1 and in compliance with all other conditions, in which event the Special Permit shall continue in effect and applicant's use and development of the property (including further additions to the retail food store within the designated building envelope shown on the attached site plan) shall continue to be subject to the conditions of the Special Permit. 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. 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. H:ILEG-DIRISharedlLEGAL-DEV.SVCS12010Agenda111-16-1010910-01 Bury+Partners SA, Inc11 -16-10 ORD -zoning R-1B(SP) & R -1B to R-1B(SP).conditions amended.doc Page 3 of 4 ' 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 ssoat this ordinan a is passed upon first reading as an emergency measure on this Cly day of , 2010. CITY OF CORPUS CHRISTI Armando Chapa Joe Addie Mayor, City of Corpus Christi City Secretary APPROVED as to form: This qday of ��'! , 2010 borah Walther Brown ssistant City Attorney For City Attorney H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda111-16-1010910-01 Bury+Partners SA, Inc11-16-10 ORD -zoning R-1 B(SP) & R-1 B to R-1 B(SP).conditions amended.doc Page 4' of 4 Corpus Christi, Texas /dayof A4// 1 , 2011 O 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 /447"../1) -- Chris N. Adler y Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott * Mr. Chesney forfeited council position on 11/15/10 as a result of being elected to another position. 10 Agenda111-16-1010910-01 Bury+Partners SA, Inch -16-10 ORD -zoning R-1 B(SP) & 028860 EFFECTIVE DATE AfiyeVyA/A ,a2/ Apo State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5953662 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 PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 11/1/2010, 11/1/2010. $ 184.05 LEGAL SALE 1Time(s) REPRESENTIVE On this I 1 `it' day of 0 1 , 2 Oi 0 I certify that the attached document is a true and an exact copy made by publisher. Ndftary Public, St MIOH LLE JOYCE, CABRERA MY C r Mardich 19, 2O a CALLER-TIMES°cc November 1, 2O10.ts:3E NOTICE OF PUBLIC HEARING TQ CON SIDER ZONING APPLICATION(S) OFTHE CITY OF CORPUS CHRISTI Notice is hereby giv- en that the Corpus Christi City Council will conduct a public hearing on November 16, 2010 during a regular Council meet - ring which commences at 12:00 pm in the Council Chambers, City Hail, 1201 :Leopard, to consider the following zoning application(s) which are on file in the Office of the City Secretary & the Dept. of Planning. At said time & place of hear - Ing, persons & parties interested may appear before the City Council: 1., 0910-01, Bury+Partners-SA, Inc.: From the "R-1B/SP" One -fami- ly Dwelling with Special Permit and " R -1B" One -family Dwelling District to "B-1' Neighborhood L: Business District - Located approxi- mately 500 feet. northeast of the inter- section.of Alameda St, and Robert Or: Information may be obtained . by calling or yvisiting .the Dept, of Development Ser- r'+uices, Planning :+Section at R(361) (361) 826-3560, 2406 eopard St. Is/Armando Chapa City Secretary State of Texas County of Nueces PV ITISHER'S AFFIDAVIT 1}a NOVAll CITQ.JY OF CORPUS CHRISTI } Ad # 5955145 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 ORDINANCE NO. 02886 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 11/22/2010, 11/22/2010. $ 154.95 LEGAL SALES REP'`;ESENTIVE 1Time(s) On this xday of MOV irilbCr , lo I certify that the attached document is a true and an exact copy ade by publisher. 4w r . - VIEW J. MEDINA tAy COMM iSM041 XP5155 — August 2, 2012 I Notary Public, State of Texas 4E» November 22, 2010»CALLER,TIMES Legal Notices 1110 NOTICE OF PASSAGE OF ORDINANCE NO 028860 Amend- ing the Zoning. Ord.,. upon application by Bury+Partners,;SA,` Inc by changing the Zoning Map in refer- erice•:to Alameda Estates Subdivision, Black 2, Lots 7C,;7D, 7E, 7F & portions of :j Lots 3, 15, & 16, lo- cated, south -of Delano• Dr. between Robert Dr. and Eldon Dr., trom "R-1B/SP" One -family Dwelling;. District with Special Permit & "R t B" One, family Dwelling Cis- trict, to "R-1B/SP" On& family Dwelling District with Special Permit resulting in 'a , change of land use from a One -family Dwelling use, certain lots with Special;:Per. 0 mit & others Without, .to a One family Dwelling "use with a Special Permit as- signed to all lots, subject to'a Site Plan & five (5) conditions This ord. was passed & approved by the orpus Christi City ouncil on Nov. 16, 010. /s/Armando Chapa City Secretary a