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Home My WebLink About029095 ORD - 06/14/2011Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARTIN SOLIZ, BY CHANGING THE ZONING MAP IN REFERENCE TO JERRY PLACE, LOT I, FROM THE "R -1B" ONE -FAMILY DWELING DISTRICT TO THE "B-1/SP" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT FOR AN AUTO PARTS STORE 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 Martin Soliz, 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, May 11, 2011, during a meeting of the Planning Commission, and on Tuesday, June 14, 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 Jerry Place, Lot I, located along the south side of Gollihar Road, east of Christie Street, from the "R-1 B" One -family Dwelling District to the "B-1/SP" Neighborhood Business District with a Special Permit for an auto parts store and seven (7) conditions, not resulting in a change of future land use (Zoning Map 047,039) (Exhibit A -"Planning Commission's and Staff's Recommendation"). 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 allowed in the "B-1" Neighborhood Business District, plus the auto parts sales use not to exceed 4,200 square feet in gross floor area. 2.) Landscaping: Landscaping must be provided in accordance with Zoning Ordinance Article 27B Landscape Requirements as if new construction in the "B- 1" Neighborhood Business District. 3.) Screening: Construction of a solid screening along the western and southern property lines shared with single-family residences. H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda16-14-111Martin Soliz106-01-11.0511-01 Ordinance (PC REQ, R-1 B to B- 1 SP)DWBFinal.doc 029095 INO XEO Page 2 oif 4 4.) Lighting: All overhead lighting shall be shielded and directed away from adjacent properties. 5.) Dumpsters: No dumpsters shall be stored along the property lines abutting existing single-family residences. 6.) Hours of Operation: Hours of operation shall be 7:00 a.m. to 9:00 p.m. All deliveries must occur within this time frame as well. 7.) 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. 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 or inance--�.is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Ad'ame Mayor, City of Corpus Christi H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda16-14-111Martin Soliz106-01-11.0511-01 Ordinance (PC REQ, R-1 B to B- 1 SP)DWBFinal.doc J4- APPROVED AS TO FORM: This / day of 6 , 2011 orah Walther Brown ssistant City Attorney For City Attorney Page 3 dr 4 H:1LEG-DJRIShared\LEGAL-DEV.SVCS12011 Agenda16-14-11\Martin Soiiz106-01-11.0511-01 Ordinance (PC REQ, R -1B to B- 1SP)DWBFinai.doc , Page 4 of 4 Corpus Christi, Texas , 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 Adie 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 EFFECTIVE DATE 94tne H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda16-14-11\Martin Soliz106-01-11.0511-01 Ordinance (PC REQ, R -1B to B- 1 SP)DWBFinal.doc 029095 f QQ& TR•E'X CASE: 0511-01 EXHIBIT A PLANNING COMMISSION'S AND STAFF'S RECOMMENDATION FROM: R -1B TO: B-1/SP ORDINANCE NO. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5970878 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 REPRESENTITPVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi -Caller-Times, a daily newspaper published at Corpus Christi in saidCity and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nines, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0290 which the annexed is a true copy, was inserted in the corpus -Christi Caller -Times on the 612012011., 612012011. ,$ 169.50 1Time(s) LEGAL SALES REPRESENTIVE On this day of �-� V ``�- , 20 ti I certify that the attached document is a true and an exact copy made by publisher. a E MICHELLE JOYCE CABRERA e MY COMMISSION EXPIRES Mad 19, 2012 Notary Public, State o Texas _.._. J 4E u June 20, 2011 H CALLER -TIMES OTICE OF PASSAGE'OF' ORDINANCES N0 029095, Amend- ing the Zoning Ord., upon application by Martin Soliz, by changing the Zoning Map in reference to Jerry Place, Lot 1, from the 'f171 -1B" One- family R 1B",.One- family DwellingDis- .tript to the "B-1/SP" Neighborhood Busi- ness District with a Special Permit for an auto parts store & seven? (7) conditions, - not resultingin 'a change of future land • :use & NO. 029096, Amending the Zoning Ord., upon :applica- tion by Ronnie King on behalf of T, R. Walsh, Jr., in his ca- pacity :as. trustee of the Jerry LDean, Jr. irrevocable Trust, by. changing' the .Zoning. Map in reference to Ebony Acres, Lot 1 & the east 65 feet of Lot 2, from the "B-4" General Business District to the "1-3" Heavy Industrial Dis- trict, : resulting in ' a change of future land use from a commer- cial user to a heavy industrial use. These ord. were passed & approved by the Cor- pus Christi, City Council on June 14, 2011, IsI Armando Chapa City Secretary State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5969206 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 , the Corpus Christi Caller -Times, a daily newspaper published at Carpus 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 Patricia Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING which the annexed is a true copy, was inserted in theCorpus Christi Caller -Times on the 30TH DAY OF MAY, 2011. $192.78 On this ay of is a true and an exac LEGAL SALES REPRESENTIVE WENN J. MEDINA MY COMMISSION EXPIRES August2, 2012 , 2O1( I certify that the attached document e by publisher. 1 h. t• ry Public, State of Texas 90 ;OF wv-ZE inch t $ _ NOTICE OF PUBLIC HEARING TO CON- ':;lDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby giv- en that the Corpus Christi City Council will conduct a public hearing on June 14, 2011 during a regular Council meeting which commences at 12:00 pm in the Council Chambers, City Hall, 1201 Leop- ard, to consider the following zoningap- plication(s) whicare on file in the Office of the City Secretary & the Dept. of Planning. At said time & place of hearing, persons & parties interested may appear before the City Council: 1. 0511-01, Marlin Soliz: From the "R -1B" One -family Dwelling District to the "B-4" General Business District - Located along the south side of Gollihar Road, east of Christie St. 2. 0511-02, Ronnie King: From the "B-4" General Business District to the "I-3"Heavyy Industrial District- Located at the southwest corner of Leopard St. and McBride Ln. Information may be obtained by calling or visiting the Dept. of Development Ser- vices, Planning Section at (361) 826-3560, 2406 Leopard St. !s/ Armando Chapa •CitySecretaryl