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HomeMy WebLinkAbout022232 ORD - 05/16/1995AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY CHARLES V. MILLER, BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE OUTSIDE STORAGE OF VEHICLES AND EQUIPMENT RELATED TO A TREE SERVICE BUSINESS SUBJECT TO FOUR (4) CONDITIONS ON WESTWOOD SHOPPING CENTER, SOUTH PORTION OF LOT D; 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 Charles V. Miller, for amendment to the zoning map of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, April 19, 1995, during a meeting of the Planning Commission and on Tuesday, May 16, 1995, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that the hereinafter set forth 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 making the change hereinafter set out. SECTION 2. That a Special Council Permit be granted for the outside storage of vehicles and equipment related to a tree service business on Westwood Shopping Center, south portion of Lot D, located on the north side of Leopard Street, approximately 640 feet west of War Path, subject to the following four (4) conditions, metes and bounds attached as Exhibit A: 1. USE: The only use authorized by this Special Permit other than the basic "B-4" General Business District uses is the outside storage of vehicles and equipment related to a tree service business. The outside storage does not include the storage of insecticides or other similar chemicals. 2. SCREENING: A standard screening fence with a height of at least six (6) feet must be installed and maintained along the north, east and west boundary lines and along a line parallel to and set back five (5) feet from the front property line. The screening fence must be installed within one (1) year of the date of this ordinance. 95NH2830.325 / 495-4 5/1/95 2 22 3 2 Migigi a 2 3. LANDSCAPING: A landscaping strip with a width of at least five (5) feet must be located between the south screening fence line and the front property line, excluding the driveway area. The landscape strip must contain Indian Hawthorn shrubs of at least five (5) gallons in size and spaced no more than five (5) feet on center and Asiatic Jasmine ground cover. The landscaping must be maintained in a healthy, growing condition at all times. All landscaping must be installed within one (1) year of the date of this ordinance. 4. TIME LIMIT Such Special Permit shall be deemed to have expired within one (1) year 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, be and the same is hereby amended as herein ordained. SECTION 4. That the Zoning Ordinance and Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as herein changed, shall remain in full force and effect. SECTION 5. That, to the extent that the amendment to the Zoning Ordinance set forth herein above represents a deviation from the Comprehensive Plan, the Comprehensive Plan is hereby amended to conform to the Zoning Ordinance as amended herein. SECTION 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 7. 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 8. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall shall take effect upon first reading as an emergency measure this the fir, day of , 1995. AT ' : / %/J THE CITY OF CORPUS CHRISTI Ci y Secretary 95N112830.325 / 495-4 5/1/95 MA THE CITY OF CORPUS CHRISTI APPROVED THIS THE 1ST DAY OF MAY, 1995. JAMES R. BRAY JR., CITY ATTORNEY By: ert J. Hart, Assistanttorney 95NH2830.325 / 495-4 5/1/95 3 APR -03-95 MON 09:19 URBAN ENGINEERING STATE OF TEXAS COUNTY OF NUECES FAX NO. 512+854+6001 P.02 Job No. 9708.95.01 March 14, 1995 Approximate Fieldnotes for special permit for `I-2' Zoning uses for 1.306 acre tract of land, more or less (not prepared from an on -the -ground sunrey),out of Lot D, Westwood Shopping Center, a map of which is recorded in Volume 26, Page 91, Map Records of Nueces county, Texas and described by Metes and Bounds to wit as folbws: BEGINNING at the Westerly comer of said Lot D, the Southerly comer of Lot F, of said Westwood Shopping Center and being on the Southwesterly right-of-way line of Leopard Street (State Highway 9); THENCE North 32°13'00" East, with common line between said Lots F and D, a distance of 210.00 feet to a point for the most Northerly comer of this tract; THENCE South 57°47'00" East, a distance of 201.00 feet to a point for the most Easterly corner of this tract; THENCE South 32°13'00" West, a distance of 210.00 feet for the most Southerly corner of this tract. being on said said Southwesterly right-of-way line of Leopard Street (State Highway 9); THENCE North 57°47'00" West, with said Southwesterly right-ot-way line, a distance of 201.00 feet to a point on the POINT OF BEGINNING and containing 1.306 acres of land, more or less. EXHIBIT A Corpus Christi, Texas It day of , 1995. 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 THE CITY OF CO US CHRISTI Council Members The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 95NH2830.325 / 495-4 5/1/95 lM% at PUBLISHER'S AIriDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 66817 PO N Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, 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 TOT CONSIDER ZONING APPLICATIONS OF THE CITY OF CORPUS CHRISTI which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the LSI day(s) of MAY. 1995. ONE (1) Time(s) 0 N _ vn Gl ice -President and Chief Financial Officer Subscribed and sworn to before me this 15TH day MAY. 1995. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. On' c c, • C12/Monday, May 1, 1995 r NOTICE OF PUBLIC HEARING TO CONSIDER ZONING _ APPLICATIONS OF THE c. CITY OF CORPUS CHRISTI' Notice is hereby given in accordance with the law that the City Council of the City of.. Corpus Christi will conduct a. public hearing on Tuesday; May 16, 1995, during a Regu- lar Council Meeting which commences at 2:00 p.m. in the City Council Chambers. City Hall. 1201 Leopard.to consider the following zoning ' application(s) of which said applications are on file in the Office of the City Secretary and the Department of Plan- ning. At said time and place of hearing, an persons and parties interested may appear before the City Council. The following zoning appk- ations to be considered at the hearing are as follows: 1. 495-3 Victoria Bank & Trust: "R -1B" One -Family Dwelling District and "6-1" Neighborhood Business Dis- ' tricts to '13-4' General Business District on Tract 1 and 'R -T Multiple Dwellkg District on Tract 2 Located between South Padre Island Drive and McArdle Rad and between Daly and Aswan Drives. -- 2. 495-4 Charles V. Millar: ,'1114" General Business Dis- trict to 9-T Ught. Industrial District Located on the north side of Leopard Street, approximately 640 feet west of War Path. 3. 495-5 T.P. McCord 6. Sons: "A-2" Apartment House District to 1B4' Gener- al Business District • Located on the side side of Baldwin Boulevard, approxi- mately 120 feet west of Ayers Street. 4. 495-6 William P. Slssamis: "R -1B" One -Family Dwelling District to "AB" Professional Office District Located on the west side of Kirkwood Drive, between Gui- liher Road and Mahan Drive. Information may be ob- tained by calling the Planning Department at 880-3560, or visiting the Planning Depart- ment at 1201 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christi