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Home My WebLink About029026 ORD - 04/12/2011Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ACAPULCO RESTAURANT, BY CHANGING THE ZONING MAP IN REFERENCE TO KOOLSIDE SUBDIVISION, BLOCK 1, LOTS 24 & 25, LOCATED 500 FEET NORTH OF MCARDLE ROAD ALONG THE EAST SIDE OF DORTHY DRIVE, FROM THE "R -1B" ONE -FAMILY DWELLING DISTRICT TO THE "R-1B/SP" ONE -FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT AND SEVEN (7) CONDITIONS, NOT RESULTING IN A CHANGE OF FUTURE LAND USE; 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 Acapulco Restaurant, 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, March 2, 2011, during a meeting of the Planning Commission, and on Tuesday, April 12, 2011, 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, 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 Koolside Subdivision, Block 1, Lots 24 & 25, located 500 feet north of McArdle Road along the east side of Dorthy Drive, from the "R-1 B" One -family Dwelling District to the "R-1B/SP" One -family Dwelling District with a Special Permit and seven (7) conditions, not resulting in a change of future land use (Zoning Map 042,036) (Exhibit A -"Planning Commission's Recommendation"; Exhibit B- "Applicant's Request"). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following seven (7) conditions: 1.) Uses: All uses in the "R -1B" One -family Dwelling District with the addition of a commercial parking lot to serve the restaurant use. H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda14-12-11 \Acapulco Restaurant103.28.11.No.0211-01 Ordinance (PC Rec;R-1B to R-1B-SP).DWBEinal 029026 INDEXED Page 2 of 4 2.) Screening: A 7 -foot, solid masonry shall be constructed on all three (3) sides of the parking expansion to screen the parking lot from public view along Dorthy Drive and adjacent residence. 3.) Landscaping: Trees with a minimum of a 1.5" caliper shall be placed at 30 -feet on -center with additional three (3) to five (5) gallon shrubs between the trees along Dorthy Drive. 4.) Lighting: Lighting shall be directed away and shielded from adjacent residential properties. 5.) Access: Vehicular access to Dorthy Drive is prohibited. 6.) Dumpsters: No dumpsters/grease traps shall be placed in the proposed parking expansion. 7.) Time Limit: Such a Special Permit shall be deemed to have expired within twelve (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. 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 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda14-12-11 \Acapulco Restaurant103.28.11.No.0211-01 Ordinance (PC Rec;R-1B to R-1 B-SP).DWBFinal Page 3 of 4 regular meetings so that this o dinance is passed upon first reading as an emergency measure on this / `day of r'!1 , 2011, ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: This ,z Joe Adame Mayor, City of Corpus Christi day ofZAa- — , 2011 borah Walther Brown Assistant City Attorney For City Attorney H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda14-12-111Acapulco Restaurant103.28.11,No.0211-01 Ordinance (PC Rec;R-1B to R-1B-SP).DWBFinai Page 4 of 4 Corpus Christi, Texas is day of ri , 2011 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, Joe Ada Fe Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong /4-froe. izidv441 A-7/J A-kt EFFECTIVE DATE Apdi ---00// H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda14-12-111Acapulco Restaurant103.28.11.No.0211-01 Ordinance (PC Rec;R-1B to R-1 B-SP).DWBFinal 029026 AADS SHOPP41410 Wi •1/S7••O o„ 1 Prepared Department of Development $ CASE: 0211-01 EXHIBIT A PLANNING COMMISSION'S RECOMMENDATION Copus Christi Bay SUBJECT PROPERTY FROM: R -1B TO: R-1B/SP QAC SHOPPI, to VIL 011 1 Prepare( Department of Development S CASE: 0299-09 EXHIBIT B APPLICANT'S REQUEST FROM: R -1B TO: B-1 Corpus Christi Bay ORDINANCE NO. LOCATION MAP State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5965911 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. 02902 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/1812011, 4/1812011. $ 117.12 1 Times) LEGAL SALES REPRESENTIVE On this day of 14/ , 1 ( I certify that the attached document is a true and an exact copy made b; publisher. MICHELLE JOYCE CABREFRA MY COMMISSION I^XPIFE8 Miiit1118, 2012 Public, State of exas April 18, 2011. A;CALLER-TIMES r(?fial Nriticcs'W - a PASSAGE OF ORDINANCE NO 029026, Amend- ing the Zoning Ord., upon application by Acapulco; Restaurant, by changing the Zan Ing Mapp: in reference, -to Koolside Subdivi-; sion, Block 1, Lots 24:" 25, located, 500 feet north of McArdle Rd along the oast side of Dorthy Dr from the:"Ri 1B One family Dwellingg his Wet to the "R1B) One fam Dwollf g: Diatrlct with a Special Permit 8. seven (7) ,conditions, not result;: fng in a change of fua: tore_ lend use.; This" Ord was passed & approved: by the Col'-: pus Christi -City Council ,on :April 12; 2011. Is/ Armando Chapa., City Secretary