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HomeMy WebLinkAbout023856 ORD - 11/30/1999AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY NASSER FARAHNAKIAN, BY GRANTING A SPECIAL PERMIT FOR AUTO RELATED USES SUBJECT TO A SITE PLAN AND SIX (6) CONDITIONS TO 0.43 ACRE OUT OF LOT 3, BLOCK 25, SURREY PLACE UNIT 1; AMENDING THE ZONING MAP; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS 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 Nasser Farahnakian for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 27, 1999, during a meeting of the Planning Commission, and on Tuesday, November 30, 1999, 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 auto related uses is granted to 0.43 acre out of Lot 3, Block 25, Surrey Place Unit 1, located at on the east side of Kostoryz Road, approximately 350 feet north of Tiger Lane. A metes and bounds description of the property is attached as Exhibit A. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan, attached as Exhibit B, and the following six (6) conditions: 1. ALLOWED USES. The only uses authorized by this Special Permit other than those uses permitted by right in the "B-1" Neighborhood Business District are automobile sales, auto parts and tire sales and service, and automotive repair, minor and major, provided all work shall be performed indoors and located in conformity with the attached site plan. 2. FLOOR AREA. The floor area within the Special Permit area shall not exceed 4,800 square feet. 3. SPEAKERS. Outside paging, speakers, or telephone bells are prohibited. ter' C:\DDCIJRTLS\DCMYDOCS\VERONICA\DOYLE\P&ZORD. 100\Z 109905A.OR % '• .t .� .7 2 4. LANDSCAPING. All landscaping must comply with Article 27B, Landscape Regulations, of the zoning ordinance as if new construction in the "B-1" Neighborhood Business District. In addition, crape myrtles must be placed every 25 feet on center. All plant material must be maintained in a healthy and growing condition and must be installed within one (1) year from the date of this ordinance. 5. LIGHTING. All lighting must be directional and shielded. Lighting must be directed away from the adjacent residences and public rights-of-way. 6. 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. 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, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 30th day of November, 1999. ATTEST: Armando Chapa Samuel L. N al, Jr. City Secretary Mayor, the City of Corpus isti C:\DDCURTIS\DCMYDOCS\VERONICA\DOYLE\P&ZORD. 1002 109905A.ORD 3 APPROVED: This 19th day of November, 1999. James R. Bray, Jr., City Attorney By: Doyle Curtis, Assistant City Attorney C:\DDCURTIS\DCMYDOCS\VERONICA\DOYLE\P&ZORD.100\Z 109905A.ORD 4 Corpus Christi, � Texas Q y day ofr �.6V9— 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, f Samuel L. ' eal, Jr. Mayor, the City of Corpu 'sti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex Kinnison Betty Jean Longoria John Longoria Mark Scott C:\DDCURTIS\DCMYDOCS\VERONICA\DOYLE\P&ZORD.100\Z 109905A.ORD C'2 X856 METES AND BOUNDS CASE NO. 1099-5 EXHIBIT A An area 18,700 square feet, more or less, out of Lot 3, Block 25, Surrey Place Unit 1, as shown on plat of record in Volume 41, Page 114, Nueces County, Texas Plat Records, and more particularly described by metes and bounds as follows: BEGINNING at a point on the east right-of-way line of 80 -foot wide Kostoryz Road, the northwest corner of said Lot 3, for the northwest corner of this tract; THENCE S 61° 00' 00" E along the north line of said Lot 3, 170 feet, more or less, to a point, for the northeast corner of this tract; THENCE S 29° 00' 00" W leaving said north line of Lot 3, 110 feet, more or less, to a point, for the southeast corner of this tract; THENCE N 61° 00' 00" W with a line 110 feet southwest of and parallel to said north line of Lot 3, 170 feet, more or less, to a point on the east right-of-way line of 80 -foot wide Kostoryz Road, for the southwest corner of this tract; THENCE N 29° 00' 00" E along said east right-of-way line of 80 -foot wide Kostoryz Road, 110 feet, more or less, to the northwest corner of said Lot 3, for the POINT OF BEGINNING. \\Cityha1102\users \PLN-DIR\ERMA\WORD \M&B\10995M&B.DOC .12'-0' NEW CONCRETE DRIVEWAY CASE NO. Z1099-5 EXHIBIT B NEW CONCRETE DRNEWAY NEW 40' X 40 ADDITION /1/4X, EXISTING 40'X 80' BUILDING EXSIING CONCRETE CANES EXISTING LANDSCAPING EXISTING L NDSC TNG w J CO 0 LreU/(6YNG UNE N29' 211.78" KOSTORYZ RD. State of Texas County of Nueces } } FI; J:,NCL PUBLISHER'S AFFIDAVIT 99 NOV CITY OF CORPUS CHRISTI ss: Ad # 3211281 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 15TH day(s) of NOVEMBER, 1999. TWO (2 ) Time(s) $156.80 0111111111/00/ O..(pR*pith. &• %3 v v 5 `ria. 4r - o= Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of NOVEMBER 16, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. (n �- Qri. 0 4,38-55 . (yid ,- 01,367 n,hai, - 64, o n ge6 s f'" :orpus Christi Calver -Times, .. ember 15, 1999/D1 LEGAL r;eTICES Nora.• of •P1,�9LiC NEAR$NO Tg CONSIIDAPPLICAER TONINp ol iiyg r with heat accordanceCounty the Cillo Cf opus C`• wa conduct a hearing on Tuesday. November, -30, 1990. dreg a RSM wChich Meeting commences at 2:00 InheCi p.m. the City COUOCi' Chambers, City Hall, 1m201nin9 aLeopardon(,e) t consider Me following al which said d AP pltcat0I an on file in the Office oN 1M City Secretary and the Department of Planting. At said .Oma andplaceof heating, raaN I4E. may crested apaPDwr� bebre the City Councd. The sonl_e9 application(s) to b considered t th hearing are as follows: 1George 1.1099.1 099 Fans- RixelMostDisc:'F-R' Fans - Rival to '8-4' General Business District on Tract 1 and 11-, 1C' One -Fatuity Dwelling' District on Tract 2. Located on the northeast corner of Northwest Boulevard (F.M. 624) and Trinity River Drive. 2.1099-5, Naas! Farahnakian: 'B-1' Neighborhood Business District an Special Permit to '61' General Business District—Located on the Nig side ofinete 330 Road, appm feet north of lige 3, 1099-6E, Coym, Rehmet & Gutierrez Erpineertng: Exceptbn to the st!ndard sewereening fence uir mve,ntadee ated S Highway' T' approximately 900 feet south of Brookha Drive. Information m e obtained by c°/ Planning Da' .� r 880-3560. 9s %t Plannirla�4id 1201 by o. ' e� City of c4 Caps State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 3254219 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): NO. 023855 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 6TH day(s) of DECEMBER, 1999. Al A3gen, 0 aV5-1 n n e cTC E OF PASSAGE OP OROIMANCE(S):.- NO. MOW by chwtMg the zoning map In Reference to Tracts 1A, 18, and 2 in Tract tot; Nueces River Irrigation Park Annex No. 2; by 11 changing the zoning' of q $93.25 fro �'F R' Faand. 2 rm Rural i District changing Tract' 1B to 'B-4' General Business islAct; changing Tract AB' Professional Office District; changing Tract 2 to 'R•1C' One -Family, Dwelling District; ei v ng a Permit tor auto related uses subject to a site plan and six (6) out oons to 0.03 Lot 3, Blockacre 25, Suney Place unit 1; amending the zoning map; oa_04 4 Grantinga standardf. £� screening fencei exception to r5.1, if Engineering along rthe South and North property lines of Lot t, Block 1, Bob Lacy Business Park. These ordinances were passed and approved by the CO Council of the City of Corpus Christi on November 30, 1999. 7. relArmandoCity Ste{ etory City of Corpus ChM Vice -President and Chief Financial Officer Subscribed and sworn to before me this 7TH day(s) of DECEMBER, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.