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HomeMy WebLinkAbout023438 ORD - 09/15/1998AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY GEORGE TAYLOR, BY GRANTING A SPECIAL PERMIT FOR A SHOPPING CENTER ON LOTS 65 AND 66, BLOCK 816A, PORT ARANSAS CLIFFS, SUBJECT TO A SITE PLAN AND EIGHT (8) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATION FROM THE EXISTING COMPREHENSIVE PLAN; 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 George Taylor, for amendment to the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 22, 1998 and August 19, 1998, during a meeting of the Planning Commission, and on Tuesday, September 15, 1998, 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 and a Special Permit for a shopping center is granted to Lots 65 and 66, Block 816A, Port Aransas Cliffs, located at on the east side of S. Alameda Street, approximately 300 feet south of Ropes Street. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan and the following conditions: 1. USES. The only uses permitted by this Special Permit other than the uses permitted by right in an "R -1B" One -family Dwelling District and an "R-2" Multiple Dwelling District are retail stores, offices, medical clinics, personal service uses and one restaurant not to exceed 2,000 square feet. The following uses are prohibited: bars, lounges, or nightclubs, discos, undertaking businesses or establishments, establishments selling, exhibiting, or distributing pornographic or obscene materials, massage parlors, convenience stores, service stations, fueling stations, liquor stores, or any business that creates strong offensive odors, fumes, or dust, or emit loud or shrill sounds. Z0798050.253 023438 2 2. SCREENING. A masonry wall with a height of not less than eight (8) feet must be installed and maintained along a line parallel to and ten (10) feet west of the Topeka Street right-of-way line. A standard screening fence with a height of not less than six (6) feet must be installed and maintained along the north property line and for twenty (20) feet along the south property line adjoining the Brawner Parkway ditch starting at Topeka Street. The standard screening fence requirement along the remainder of the south property line is not required. 3. LANDSCAPING. A 10 -foot landscaped strip must be provided and maintained along the area between the masonry wall and Topeka Street. This landscaped strip must contain at least one, 3 -inch caliper oak tree every 30 feet on center and must be fully irrigated. Landscaping along the south property line and the west portion of the property must comply with the attached site plan. 4. REFUSE. All disposable items must be placed in containers at designated fenced disposal areas. All refuse container removal must occur between the hours of 6:00 am and 9:00 pm. 5. ACCESS. Vehicular access to Topeka Street is prohibited. 6. LIGHTING. All security lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and public rights-of-way. 7. SIGNAGE. All wall signs must comply with the standards set forth in the "B-1" Neighborhood Business District of the Corpus Christi Zoning Ordinance, except that wall signs are only permitted along the building facades that face S. Alameda Street. Freestanding signs are permitted provided that the combined area of these signs do not exceed 40 square feet. The number of signs permitted is dependent on the height of the sign. If the height exceeds 10 feet and not more than 20 feet, only one freestanding sign is permitted. If the height is 10 feet or less, no more than two (2) freestanding signs are permitted, but only one (1) sign per lot is allowed. 8. TIME LIMIT. This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance in 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, 1973, 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. Z0798050/53 3 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 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 passedvand shall take effect upon first reading as an emergency measure this the /5-f h day of ( MI/A) , 1998. ATTEST: C/71'1/ Annando Chapa City Secretary APPROVED: This /01141 day of James R. Bray, Jr.. City Attorn By: amuel L. Neal, Jr. Mayor, the City of Corpus Chris R. Jo ' ei ng, Assist• t City Attorney Z079805D.253 4 Corpus Christi, Texas Kill day 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: Uwe, 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, Samuel L. Neal,r. Mayor, the City of Corpus Chris Council Members The above ordinance was passed by the following vote: thiu Samuel L. Neal, Jr. Melody Cooper Javier D. Colmenero Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols Z079805D.253 ,loux dip distm- 023438 • • 0 • 0 0 • : 1- • cc ta 0. 0 w w U • 0 � (4 Pt. • r • 0 4 ; ▪ • r LII 1111/am H. H State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 2373443 PO # 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 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 PASSAGE OF ORDINANCE(S): which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 21ST day(s) of SEPTEMBER, 1998. 1. Oa, 0,43405d— lig (0( a. ort oa3Log TWO (2) Time(s) Monday, September 21, 1998 1110 Legal Notices. NOTICE OF PASSAGE. OF ORDINANCE(S): NO. 023438, by granting a Special Permit for a shopping center on Lots 65 end,, 66. Block 816A, Port Aransas Cliffs. subject to a site plan and eight (8) conditions: amending the Comprehensive Plan to account for any devia- tion • evia-tion` from the existing Comprehensive Plan: and CI - 023439, by changing the ton- in reference to tot 26B.- Block 8. Unit 2. Flout Bluff Estates from 'B-3'. Busi-. nese District to i.2', tight - Industrial District: amending the Comprehensive Plan to ac- count for any deviation from i the existing Comprehensive i Plan- These ordinances were passed and approved by the i City Council of the City of Cor- pus Christi on September 15. 1-- - &Armando Gips Cay Secretary , Gty of Corpus Christi.. 66 Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of SEPTEMBER 22, 1998. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 2334403 PO # 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 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 which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 31ST day(s) of AUGUST, 1998. TWO 2 ) Time(s) $117.85 ,01,*_ HARgzs�i�� O?.r'1 P08 b2%�' a s -- Co 44- 103 '. •'•. FkPIRES .•' O� Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of SEPTEMBER 01, 1998. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. I. Pau..(. kaki- Fae d 3. F47- - drof, Oagi-f(59 Q,or uT&p Gor- ori._ o owig i 1110 Legal Notices NOTICE O PUBLI HEAR-' ING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accor- dance with the law that :the City Council of the City of Cor- pus Christi will conduct a public hearing on Tuesday, September 15. 1998, during.a. Regular CounCil Meeting which commences at 2:00 p.m. in the City Council Cham- bers, City Hall, 1201 Leop&W to consider the following zon: ing 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, all persons and par- ties interested may appeal before the City Council. Tha zoning application(s) to be corn sidered at the hearing arw as follows: 1. 798-4, Paul Keller Invest- ments Ltd.: '3-3' Business District to 1-2' Light Industrial District --Located on the north- west comer of Graham Road and Flour Sluff Drive. 2. 798-5, George Taylor •R - 1B' One -Family Dwelling District with a 'SP• Special Per- mit and 'R-2' Multiple Dwelling District with a 'SP' Special ser: mit to 13-1' Neighborhood Business District—Located gn the east side of South Alameda Street, approxi- mately 300 feat south O Ropes Street. 3. 898-2, F&T Body Shop: 'B 3' Business District to 9-2' Light Industrial District -- Located on the northeast comer of Claride Street and [ Naval Air Station Drive. Information may be obtain by calling the Planning Depart- ment at 880-3560, or visiting the Planning Department 1201 Leopard Street. is/Am endo C of