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HomeMy WebLinkAbout025961 ORD - 09/21/2004Page 1 of 22 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SOUTHWEST PHOENIX GROUP, INC. & DYKESWlLL, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO 4.36 ACRES OUT OF MUSTANG ISLAND, SECTION 2, BLOCK 1, LOT 26, (CURRENTLY ZONED "AT" APARTMENT TOURIST DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A RETAIL SHOPPING CENTER SUBJECT TO A SITE PLAN AND FOURTEEN ('14) CONDITIONS; 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 Southwest Phoenix Group, Inc. & Dykeswill, Ltd. 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, June 30, 2004 and August 11, 2004, during a meeting of the Planning Commission, and on Tuesday, September 21, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, 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 by granting a Special Permit for a retail shopping center on 4.36 acres out of Mustang Island, Section 2, Block 1, Lot 25, (currently zoned "AT" Apartment Tourist District), located on the south side of S.H. 361 and three (3) miles north of Access Road No. 2, as shown on the attached Exhibit. (F20D) (020040) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following fourteen (14) conditions and Appendix A and B: Permitted Uses: Other than permitted uses allowed by dght in the "AT" Apartment-Tourist District, a retail shopping center is permitted. Outdoor storage of goods is prohibited. H:'d-EG-DI RUOSEPH~-ON I N GA34\0604q)6S P ECIAL PERMIT.DOC .'S961 Page 2 of 22 2. Parking Regulations: The parking regulations for permitted uses are contained in Article 22 of the zoning ordinance. Parking areas must be constructed under specifications and construction standards provided by the City. Decorative brick, stamped, concrete pavers or the equivalent must be used as an entry feature for the pedestrian access areas within the setback area in the entry driveway to the front building line. Color schemes are to be submitted for review and approval to the City. Any color used to meet health and safety requirements are exempt from City approval for those areas. 3. Off-Street Loading Regulations: The off-street loading regulations for permitted uses are contained in Article 23 of the zoning ordinance. Height and Area Regulations: The maximum height and maximum area requirements are set forth in the chart of Article 24 and supplementary regulations of Article 27 of the zoning ordinance, and in addition, the following requirements apply: A. No building is permitted in front yard area. B. Any use developed on the subject property shall have a frontyard setback not less than twenty (20) feet. C, A fifty (50) foot area along the subject property frontage adjacent to S.H. 361 shall be dedicated as a future access easement and bikeway area during the platting process. 5. Access Restrictions: The subject property may not access any future adjacent local residential street or the adjacent Mustang Towers private drive, dedicated as a 60' right-of-way. 6. Shared Access and Parking: One driveway is permitted for the subject property. Such driveway shall be located within the middle section of the property fronting S.H. 361, per the site plan. Such driveway shall be identified on the site plan as "temporary" until such time a shared driveway is realized. Once a shared driveway to the south is established, the "temporary" driveway shall be physically removed (tom out) and landscaped. The future driveway and shared access to the south shall be twenty-five (25) feet and identified on the site plan. The subject property will share parking and access with the adjoining tract to the south. The shared parking or access must be noted on the plat or building permit for the tract to be developed. Any such "shared access" H:\LEG-DIR~JOSEPI-~_ONINGA34\0604-06SPECIAL PERMIT DOC Page 3 of 22 agreement between property owners shall be evidenced by easement or document filed for record as a covenant that is transferable with title to the property. Nothing in this provision shall be interpreted as authorizing the City of Corpus Christi to deny access to any property when such access otherwise meets all requirements of driveway standards established by ordinance applicable to proposed use of property. Pedestrian seating areas and amenities including transit facilities integrated along street front sides of buildings on private property may receive a credit toward parking requirements at a ratio of one square foot of such amen~ area will be credited toward one square foot of a parking space. The minimum total amenity is 162 square feet to realize a one parking space credit Amenity areas must consist of all weather chairs and tables that complement the design and color pattern of the building. Amenity areas must include shade from trees and awnings and may include public art, a water feature and potable water for pedestrians. A sidewalk restaurant may be integrated into the design of the amenity provided that access and seating is provided for non- customers. 7. Screenin~l Re~luirements A. A six foot solid screening wall along the east property line of the subject property shall be constructed of brick, masonry, stucco or vinyl. The six foot screening wall shall be similar to or complementary with the color of the finish on the building. 1. Dumpster and other trash containers and collection areas must be screened by a wall, at least 6 feet in height, with a finish similar to that of the building. Screening of the open end of the dumpster enclosure must be accomplished by orientation of the enclosure and by providing a solid wooden self closing gate. 2. Mechanical equipment located on the roof must be screened from view of adjacent properties by a parapet wall or pitched roof. Mechanical equipment on the ground must be screened by a wall with a finish similar to that of the building. Landscapin~l ReCluirements: A. Extensive landscaping is required to provide a lush landscape. All landscaping is to be maintained in a healthy, growing condition. Except as provided in this section, the landscaping requirements are in Section 27B- 7.01C of the zoning ordinance apply. The use of drought tolerant plant species is encouraged in this district. H:~LEG-DIR',JOSEPPFZONING-04~604-06SPECIAL PERMIT.DOC Page 4 of 22 1. The subject property must have 10 percent site landscaping of the total gross site area. 2. Permitted signs may be placed in any landscape area adjacent to street rights-of-way so long as the signage does not obstruct the visibility triangle area of any streets or driveways. Driveway entrances within required frontyard setbacks constructed of pavers, stamped concrete, and other equivalent pavement textured material may be calculated as landscape area. The maximum area credit for textured driveway entrances is limited to 15% of the total required landscape area. Landscaping of the subject property with palm trees having a minimum crown height of eight feet must be planted and spaced on 30 foot centers five feet inside the private property line. 5. Artificial plants may not be used to satisfy the requirements of this section. 6. If a berm is provided, side slope must not exceed a maximum of 4:1 on three sides. One sheer side may be provided. 7. Landscape material specifications. A. Palm trees must be a minimum crown height at installation of eight. B. Shrubs must be a minimum of eighteen inches in height at installation and maintained at no more than 3 foot overall height. Recommended plant species list - See Appendix A of the Special Permit 9. Slain Re(luirements: 1. Sign - means any device, light, figure, picture, letter, word, message, symbol, plaque or poster visible from outside the premises on which it is located and designed to inform or attract the attention of persons not on the premises. 2. Window Signage - may include signs located inside a building if visible to off-premises public. 3. Design standards of all permanent signs must meet the following standards: A. Wall signs. H:~_EG-DI R~JOSE PH~ONIN G-O4\0604q36S P E CIAL PERMIT.DOC Page 5 of 22 The sign facing or surface area of a wall sign must be computed as including the entire area within a regular geometric form comprising all display area of the sign including all elements of the display and the frame, if applicable. Wall signs are permitted for each individual business establishment, including individual businesses within integrated business developments, with an allowable total sign area of one and two tenths (1.2) square feet of signage for each linear foot of business frontage. Wall signage shall be uniform in color, style, materials, and illumination, and shall be similar in method of construction and installation. Lettering shall be uniform in location, height and depth, and consistent in color. B. Monument signs. A sign which is supported by one monolithic structure set upon the ground and is not a part of a building. The sign facing or surface area must be computed within a regular geometric form comprising all display area of the sign and including the elements of the matter displayed as well as the frame. The sign area of a monument sign must be centered within the frame, and the frame and base must be proportional to the sign area. Except as provided herein, a monument sign must be constructed so that the bottom is no higher than two (2) feet above the adjacent grade. The top of the monument sign must be no higher than eight feet as measured from natural or average finished grade. The maximum overall square footage for a monument sign is 32 square feet. One monument sign per freestanding building and one (1) additional monument sign per 200 feet of street frontage. Monument signs are to be finished with similar materials to structure and should reflect the design theme of the building style. Structural members. Supporting structural members not beadng advertising matter, identifljing color symbols, wording, or pictures may not be included in computation of surface area. H:~_EG-DIR~JOSEPH~_ONING~4\O604-06SPECIAL PERMIT DOC Page 6 of 22 Irregular signs. In calculating the area of irregular signs or separately mounted signs on one supporting structure, the area must be that of the smallest regular geometric form that will wholly contain all of the elements including the frame. Multi-faced signs. In calculating the area of multi-faced signs, all faces of a multi- faced sign must be included in the total sign area calculation. Sign spacing. When a sign is placed at an angle to the intersection of two streets, measurement for spacing purposes must be from the edge or side farthest from the intersection. The total area of the surface of a three dimensional sign must apply toward the allowable sign area. Such surface area must be computed within one or more regular geometric forms as necessary to determine the total proposed sign area. H. Prohibited signs are of the following types: 1. Billboards. Signs which advertise or otherwise direct attention to an off-premises products, services, activities, persons, institutions, or businesses; to businesses that no longer occupy a structure on the property; or to products, services, or activities that are no longer conducted, sold, manufactured, produced, or offered upon the premises where the sign is displayed. 3, Roof mounted signs or any sign that projects above the eave of a pitched roof or decking of a flat roof or parapet above a fiat roof. Sign Statuary - Life size or larger than life size replicas of animals, fish, or inanimate objects intended to be used as a commercial message. 5. Window Signs in excess of 10% of the glass area per wall fa(;ade. I. Exceptions - A permit is not required for the following: 1. The maintenance of the signs electrical system, repainting cleaning, or other maintenance of a sign. 2. Placement of temporary on premise real estate signs for vacant lots in platted subdivisions. 3. Placement of temporary on premise contractor identification signs. H :~LE G-DIR',J OS E P H~ONI NG-04\0604 -06S P ECIAL PERMIT.DOC Page 7 of 22 Placement of temporary on premise monument vacant land sale signs giving information concerning leasing, renting, or selling of property in the district. 10. Definitions: Specific words used within this Special Permit are interpreted as follows: A. Amenity: A landscaped area that is available to the general public that is outdoors and adjacent to and integral to a commercial building or buildings, including, but is not limited to, seating, shade, artwork, a water feature and sanitary facilities. B Business frontage: The linear measurement from outer wall to outer wall of the side of the building which faces or fronts a street, Generally the business frontage contains the primary entrance of the building. C. Can or cabinet sign. A sign that contains all of the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated, These are prohibited signs within the oveday zoning district, Commercial message: A message placed or caused to be placed before the public by a person or business enterprise directly involved in the manufacture or sale of the products, property, accommodations, services, attractions, or activities or possible substitutes for those things that are the subject of the message and that: 1 .Refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire on the subject premises; 2. Attracts attention to the off-premises public to a business or to products, property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire on the subject premises. These are regulated regardless of whether behind glass or not. Double-faced sign: A single sign with two parallel sign faces back to back. Driveway: Every entrance or exit used by vehicular traffic to or from properties abutting a roadway. H:\LEG-DIR~OSEPH~.ONING-04\0604-06SPECIAL PERMIT.DOC Page 8 of 22 Driveway, High Volume: A driveway used or expected to be used by more than 1500 vehicles per day. Driveway, Low Volume: A driveway used or expected to be used by more than 25 but less than 750 vehicles per day. Driveway, Medium Volume: A driveway used or expected to be used by more than 750 but less than 1500 vehicles per day. Fence: Any enclosing barrier, constructed of wood, metal or any other material, regardless of its use or purpose. Grand opening: A grand opening refers to the beginning of a new business in a new location of or the assumption of ownership of an existing business by a new owner or group of owners. Multi-faced sign: A single sign with two or more faces which are not parallel nor back to back. Nameplate: Any sign which denotes only the individual, firm, business, or corporate name of the occupant of the premises. Noncommercial message: A message that is not a commercial message. Out-parcel or out-tract development: A tract or reserve platted as part of the development of a shopping center or integrated business development (IBD) that is independent of the IBD. Parking, landscaping and signage for such out- parcel or out-tract are determined separately from the adjacent shopping center or IBD. Principal building: The building or buildings on a lot that are occupied by a primary use. Changeable copy sign: Any sign that allows the copy to change. For the purposes of this ordinance, no signs that are not permanently affixed to the ground may be considered eligible for consideration as changeable copy signs. These signs may be lighted or unlighted, with detachable precut letters and figures, or the message may be electronic. Right-of-way: A strip of land either dedicated or owned by the city or other public agency and used for the purpose of a public way or roadway. Roofline: The height above finished grade of the upper beam, rafter, ridge or purlin of any building. Purlin is a horizontal timber or beam that supports the rafters of the roof such as the deck of the roof. Roof sign. Any sign constructed, erected, or placed above the eave of a sloped roof, decking or of a fiat roof. Screening: Hedges, informal plantings, natural vegetative covers, berms, or manmade fences or walls provided for the purpose of protecting adjacent uses from potential noise, H:\LEG-DIR~OSE PI'-~ZONING.4~4\O604-06SPECIAL PERMIT.DOC Page 9 of 22 glare, trash, odor, visual disorder, or other harmful, intrusive or noxious effects. Setback: The distance between a wall or any projection of a building and the property line excluding steps and unenclosed porches. Sign - Informational: Informational signs erected on-site by public and private developments directing or denoting the entrance, exit, parking, and direction of traffic flow. 1 .The directional signs may not exceed two square feet in area per sign. 2. No Iogos, emblems or other identifying symbols of the development may be placed on directional signs. 11. Architectural X. Sign facing or surface: The surface of any sign upon, against or through which the message is displayed or illustrated; provided,however, for signs in which the words, letters or symbols are independently mounted, the sign surface area must be that of the smallest regular geometric form that will wholly contain all of the elements. Y. Street frontage: The length of a lot or tract of land which is adjacent to a public or private street. Z. Structure: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground. AA. Subdivision: The division of any lot, tract or parcel of land by plat, map or description into two or more parts for the purpose of sale, rental, lease or division of ownership. Reauirements: A. The subject property is to reflect a theme and style of architecture that celebrates the coastal and Spanish heritage of South Texas and promotes quality building design for nonresidential structures along S.H. 361of Mustang Island. 1. Style - The architectural style of the buildings are intended to reflect Spanish, Mediterranean, or Coastal-style architectural design, appropriate to this region's climate. 2. Building design, treatments and materials of the buildings on the subject property shall adhere to the following six characteristic requirements: A. General Massing - Predominate shape of the structure with regard to the specific building style. Shopping centers and other large H:~EG-DIR~IOSEPH~_ONING-O4\0604~6SPECIAL PERMIT DOC Page 10 of 22 buildings must be designed to reduce their apparent bulk by dividing the building mass into several smaller-scaled components, including the use of Iow-scale planters, site walls, variations in roof forms and height, and the Iowedng of parapets when not needed to screen mechanical equipment. Exterior Wall Materials & Finishes - which can be viewed from public right-of-way - Shall be consistent with the specific building style. High quality synthetic materials which simulate the original material of a particular building style will be considered. Walls shall be constructed of one or a combination of the following materials with no 4'x 8' sheets of siding allowed: 1. Stucco 2. Masonry, Brick, or Stone 3. Cementious Siding 4. Wood 5. Vinyl Siding meeting the following specifications: a. Nominal 0.42" mill thickness b, 0.5/8" profile height c. Reinforced nail hem d. Designed for 160 MPH wind-load when attached on 16" centers. 6. Storefront glass is to be limited to 15% of a building fac~,ade and must be consistent with the chosen design theme. Roof Form and Materials - The shape of the roof, the height of its pitch shall be specific to the building style. Roof materials for pitched roofs shall be consistent with building style and limited to the following: Metal - Standing Seam, 5-V crimp, or corrugated. Unpainted Galvalume finish is preferred. H:~_EG-DI R'~.IOS E P H~.O NIN G.-04\0604-06 SPECIAL PERMIT,DOC Page 11 of 22 2. Tile - Slate, Terra cotta, clay, or concrete tile. Shingles - Architectural dimensional composition shingle (the use of 3-tab shingles is prohibited), or metal. Roof screening - all roof top equipment shall be screened from view when viewed from the ground. Openings, which can be viewed from public right-of-way. The shape of an opening, its proportion relative to building massing, how it functions, how it is divided, and the rhythm of openings within a structure must be specific to the building style. Additive Elements - Dormers, cupolas, chimneys, balconies, porches, bays, colonnades, brackets, stoops and any other design elements, - which can be viewed from public right-of-way, shall be specific to the building style. Color and Brightness - all exterior walls and accents, which can be viewed from public right-of-way, shall compliment building style and must conform to the attached color palette (Appendix B) Extedor paint must be fiat or non-glossy. 3. Lighting Outdoor lighting is allowed at the following level as measured at the property line: 1. 3 foot-candles for the subject property. Outdoor lighting may not be used as an attention-getting device or as additional signage for a building. Light fixtures must be shielded to prevent glare on adjacent properties. Direct lighting that is used to illuminate signage must be shielded to prevent glare on drivers. 12. Architectural SWles: Listed below are architectural building styles which reflect Spanish, Mediterranean, or Coastal-style architectural design appropriate for the subject property. A complete description, along with illustrations are depicted in A FIELD GUIDE TO AMERICAN HOUSES (published by Alfred A. Knopf, Inc., New York, copyright 1984), written by Virginia & Lee McAlester. H:\LEG-DIR~JOSEPH~_ONING-04\0604-06SPECIAL PERMIT.DOC Page 12 of 22 13. 1. Folk or Native Style (American Coastal Architecture). a. Folk Victorian - See page 309 of A FIELD GUIDE TO AMERICAN HOUSES. b. Stick Style - See page 255 of A FIELD GUIDE TO AMERICAN HOUSES. c. Shingle Style - See page 289 of A FIELD GUIDE TO AMERICAN HOUSES. 2. Colonial Styles a. French Colonial - See page 121 of A FIELD GUIDE TOAMERICAN HOUSES. b. Spanish Colonial - See page 129 orA FIELD GUIDE TO AMERICAN HOUSES. 3. Eclectic Styles a. Mission Style - See page 409 of A FIELD GUIDE TO AMERICAN HOUSES. b. Spanish Eclectic - See page 417 of A FIELD GUIDE TO AMERICAN HOUSES. c. Monterey - See page 431 of A FIELD GUIDE TO AMERICAN HOUSES. d. Craftsman - See page 453 of A FIELD GUIDE TO AMERICAN HOUSES. 4. Modern Styles: Modem interpretations of any of the above styles shall be contextual by the use of appropriate materials, general massing and proportions, and colors. Architectural Review Application Process: A. Pre-submittal procedures. Prior to the preparation and submission of building plans, an applicant for a building permit shall submit a development plan review application and contact the-Development Services Department to schedule a pre-submittal meeting with City staff to discuss the architectural and site requirements contained in this Special Permit. 1. The applicant must provide elevations, perspectives, and a site plan for the project one week prior to the pre-submittal meeting. H:\LEG-DIR~IOSEPH~ZONING-04\0604-06SPECIAL PERMIT.DOC Page 13 of 22 After the pre-submittal meeting and before building plans are prepared, the applicant shall prepare a scaled site plan, perspectives showing two sides and elevations of all structures on the site for submission and review by Staff. The site plan must show the location of all features including proposed parking, landscaping, and signage, as well as the elevations of accessory structures and dumpster and mechanical enclosures. The information supplied by applicant must include all materials, colors, and treatments that are proposed for use on the project. B. Application processing procedures. The City Building Official will approve or deny the application. Any application that has been denied by the City Building Official may be appealed by the applicant to the Planning Commission. '14. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date approved by ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. H;~LEG-DIR~OSEPH~-ONING.434~0604q36SPECIAL PERMIT DOC Page 14 of 22 Appendix A H:U_EG-DIR~JOSEPI-I~ONING-04\0604-06SPECIAL PERMIT.DOC Page 15 of 22 Recommended plant species list The plants listed below are recommended for the coastal zone of Corpus Christi. They are chosen because they have a lush, "tropical" look while being cold hardy (except as noted) and do not require excessive water and fertilizer once established (except as noted). These plants may not be practical for all areas of Corpus Christi, therefore the water, sunlight, wind and salt conditions of each specific plant should be considered before its placement on the Landscape plan. Plants not specified on this list are allowed if they meet the intent of this ordinance and are suitable for the environment in which they are to be planted. TREES Scientific Name Citrus sp. Cordia boissieri Hibiscus tiliaceus Ilex vomitoria Juniperus chinensis Morella cerifera Pinus thunbergia Prosopis spp. Quercus virginiana Common Name Citrus (Mex. lime, orange, lemon) (F,T) Wild Olive (F,H,T) Hibiscus Tree (F,T) Yaupon Holly (H,N) Twisted Hollywood Juniper Wax Myrtle (H,N,T) Japanese Black Pine Mesquite (H,N) Live Oak (H,N) F = likely to die in hard freeze, G = suitable for ground cover, H = habitat plant (good for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate water H :~_EG-DIR~IOS E pI-~.O NIN G-04\0604-06S PE CIAL PERMIT.DOC Page 16 of 22 LARGE PALMS Scientific Name Phoenix canadensis Phoenix dactylifera Roystonea spp. Sabal palmetto Sabal mexicana Syagrus romanzoffiana Washingtonia fllifera Common Name Canary Island Date Palm (F,T) Texas Date Palm (T) Royal Palm Florida Sabal (T) Texas Sabal (T) Queen Palm Fan Palm (T) SMALL PALMS & CYCADS Scientific Name Butia capitata Chamaerops humilis Cycas revoluta Sabal minor Common Name Pindo, Jelly Palm, Cocos Australis (T) Mediterranean Fan Palm (T) Sago Palm ('1-) Dwarf Palmetto (N,T) SHRUBS Scientific Name Caesalpinia pulcherrima Callistemon spp. Carissa spp. Dasylirion texana Eriobotrya hybrid Erythina herbacea Euryops pecinatus Feijoa sellowiana Common Name Pdde of Barbados (F,T) Bottlebrush (F,H,T) Natal Plum (F,T) Texas Sotol 0 Coppertone Loquat (W) Coral Bean (H,N) Golden Shrub Daisy (F,H) Pineapple Guava (F,H,T) F = likely to die in hard freeze, G = suitable for ground cover, H = habitat plant (good for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate water H:\LEG-DIR',JOSEPH~ZONING-04\0604-06SPECIAL PERMIT.DOC Page 17 of 22 SHRUBS Hesperaloe parviflora Hibiscus spp. Ilex vomitoria nana Lantana spp. Leucophyllum spp. Nerium oleander Raphiolepis indica Tecoma stans (Stenolobium stans) Yucca arkansana Yucca rostrata Yucca treculeana Red Yucca (H,N) Tropical Hibiscus (F,T) Dwarf Yaupon Lantana (H,N,T) Texas Sage, Cenizo (H,N,T) Oleander (F,T) Indian Hawthorn (H,T) Esperanza, Yellowbells (H,T) Softleaf Yucca (H) Thompson Yucca (H) Spanish Dagger (H,N) HERBACEOUS PERENNIALS Scientific Name Agapanthus spp. Asparagus sprengeri Cuphea hussopifolia Hedychium coronarium, Alpina zerumbet Jatropha spp. Kalanchoe sp. Lantana montevidensis, L. sellowiana Musa ssp. Plumbago spp. Rosemadnus sp. Strelitzia nicolai Strelitzia reginae Tagetes lemmonii Trachelospermum asiaticum Wedelia trilobata Common Name Blue Lily of the Nile (T,W) Asparagus Fern (G,H,T) Mexican Heather (F,G) Gingers (F,T) Jatropha (F,T) Kalanchoe (G) Trailing Lantana (G) Banana (F,T) Blue or White Plumbago (F,G,H,T) Rosemary (G) Giant or White Bird of Paradise (T,W) Bird of Paradise (T,W) Copper Canyon Daisy (H) Asiatic Jasmine (G,T) Wedelia (G,T) F: likely to die in hard freeze, G: suitable for ground cover, H = habitat plant (good for birds and/or butterflies, N -- Coastal Bend native, T = tropical look, W = needs moderate water H:~_E G-DIR~J OS E PI-AZO NI NGq34\0604-06S P ECiAL PERMIT DOC Page 18 of 22 VINES Scientific Name Antigonon leptopus Bougainvilla spp. Lonicera sempervirens Tecomaria capensis Trachelospermum jasminoides Common Name Coral Vine, Queens Wreath (F,H,T) Bougainvillea (F,T) Coral Honeysuckle (H,T) Cape Honeysuckle (F,H,T) Confederate Jasmine (H,T) INTRUSIVE SPECIES - NOT TO BE PLANTED Scientific Name Common Name Melia azedarach var. umbraculiformis Chinaberry, Texas Umbrella Tree GRASS Scientific Name Cynodon dactylon Stenotaphrum secumdatum "Floralawn" Stenotaphrum secumdatum "Floratam" RicJnus communJs Sapium sebiferum Schinus terebinthifolius Tamarix sp. Common Name Bermuda grass St. Augustine grass "Floralawn" St. Augustine grass "Floratam" Castor Bean Chinese Tallow Brazilian Pepper Salt Cedar F = likely to die in hard freeze, G = suitable for ground cover, H = habitat plant (good for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate water H:~ EG-DIR~J OSEPH~ZONiNG-O4~0604~D6SPE CIAL PERMiT.DOC Page 19 of 22 APPENDIX B H:~.EG-DIR~JOSEPH~ZONING-04\0604~6SPECIAL PERMIT.DOC Page 20 of 22 Color Palette SECTION 3. That the official Zoning Map of the City of Corpus Chdsfi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance, Page 21 o[22 SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, 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. 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 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 upon first reading as an emergency measure on this 21sT day of September, 2004. ATrEST~ Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Mayor, The City of Corpus Christi APPROVED ~/~,~ Joseph' a~mey Assistant City Attorney For City Attorney 2004 H:\L EG-DIR~JOS E PH~_O NIN Gq34\0604-06S PE CIAL PERMIT.DOC Page 22 of 22 Corpus Christi, Texas C7~1~ dayof~~, 2004 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/V/e, 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 Corpu~lPChdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney ~,~_ Javier D. Colmenero ~, Melody Cooper ~-~r~. Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR~IOSEPH~_ONING-04\0604-06SPECIAL PERMIT.DOC 09/1~/Z004 '~7:04 361@26300b CITY OF C.c. DEr SER Iv~,~y_:=,7-04 O_~tOTP LeVV 01~"F'lce Chm-rles CSmg't-h P~GE 02/14 I~'R T 'RT'r I~1 of 2 PAGE 09/15~2004 17:0q 3B182B3BOB CZT'V OF O.C. DEV SER PAGE 04/14 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces CITY OF CORPUS CHRISTI Ad # 4995957 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Chnsti 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 6TH day(s) of SEPTEMBER, 2004. $265!~5 &, TWO ~__ } Time(s) Credit Manager Subscribed and sworn to me on the date of SEPTEMBER 07, 2004. blotary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus NOlqCE (34= PtJ~.lC HEARING TO CONSIDER ZONING APPL~CA330~(~) O~ THE CITY OF a.m. In tile C~ Ceu~aa m~l place of ~'~a~n~ Iterated may ~ ~~. The zoning ¢onmldered at the 2000: "Afl~ Sepl~'nber 6, 2004/C17 Styate of Texas County of Nucces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5012981 PO # Before me, the undersigned, a Notary Pubhc, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-T~mes, a daily newspaper published at Corpus Christ] 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 ORDINANCES 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 27TH day(s) of SEPTEMBER, 2004. $177.25 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of SEPTEMBER 28, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Coq~us C~r~t Caller~ r~-.~?~mb~ 27, OF ORDINANCES "~ ~-~ z~r~'~ On:~'~, Southweet P~nlx G~oup. Inc. and ~ ~owlll, Ltd., by ~o~r ~e~ ~ N~ hborhoodl C~h~e ~ ~m~ P~. ~21,~.