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Home My WebLink About022144 ORD - 01/24/1995AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY PETE CICACCI, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A RETAIL BAKERY WITHOUT ALCOHOLIC BEVERAGES USE SUBJECT TO FIVE (5) CONDITIONS ON PORT ARANSAS CLIFFS, BLOCK 812, SOUTH FIVE (5) FEET OF LOT 63, ALL OF LOT 64 AND A 70 -FOOT BY 100 -FOOT PORTION OUT OF THE FORMERLY MINNESOTA AVENUE RIGHT-OF- WAY; 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 Pete Cicacci, 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, December 14, 1994, during a meeting of the Planning Commission and on Tuesday, January 17, 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 WAFREAS, 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 a retail bakery without alcoholic beverages use on Port Aransas Cliffs, Block 812, south five (5) feet of Lot 63, all of Lot 64 and a 70 - foot by 100 -foot portion out of the formerly Minnesota Avenue right-of-way, located on the northeast corner of South Alameda Street and Texan Trail, subject to the following five (5) conditions: 1) USE: The only use authorized by this Special Permit other than the basic "AB" Professional Office District is a retail bakery engaged in the preparation and retail sales of baked goods and related items and non-alcoholic beverages for on -premise and off -premise consumption in accordance with Texas Department of Health regulations and Chapter 19, Food and Food Establishments, of the Code of 95N112830.302 / 1194-4 01-20-95 -r 0221-44 �yitsieu[u�lrltlJ. 2 Ordinances of the City of Corpus Christi, and subject to the following additional limitations: a) Drive-through facilities are prohibited. b) Full food service is prohibited. c) Baked goods must primarily be baked on the premises. 2) FLOOR AREA: The gross floor area of the restaurant may not exceed 1,600 square feet. 3) ACCESS: There shall be one (1) two-way access drive along South Alameda Street and one (1) entrance -only access drive along Texan Trail. 4) REFUSE BINS: Refuse bins must be screened and located as far away from the residential area as possible. 5) 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 95NH2830.302 / 1194-4 01-20-95 T r 3 two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the '24 day of .a Yv1 La.YL{ , 1995. AT 70 City Secretary THE CITY OF CORPUS CHRISTI MAYOR THE CIT -:a ORPUS CHRISTI APPROVED THIS THE 20TH DAY OF JANUARY, 1995. JAMES R. BRAY JR., CITY ATTORNEY By: rbert J. Hart, Assistan (� Att'omey 95NH2830.302 / 1194-4 01-20-95 T Corpus Christi, Texas 2y- day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1995. 4 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, MAYOR THE CITY S 1 RPUS CHRISTI Council Members The above ordinance was passed by the following vote: kJo Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss 95NH2830.302 / 1194-4 01-20-95 022144 PUBLISHER'S Arr7DAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 85827 PO # Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant 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 TO CONSIDER ZONING APPLICATIONS OF THE CITY OF CORPUS CHRSITI NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH THE LAW THAT which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 26TH day(s) of December. 1994. ONE (1) Time(s) $ 112.20 EDNA KOSTER Notary Public State o1 Texas My Comm. Exp. 11.30-96 I`?: LI Business Office Administrative Assistant Subscribed and sworn to before me this itti day January. 1995. ua Notary Public, Nueces ty, Texas EDNA KOSTER Print or Type Name of Notary Public dviy cormission expires on 11/30/96. 1C12/Monday, December 26, 1994 Corpus Christi Caller -Times NOTICE OF PUBUC HEARING TO CONSIDER ZONING APPLICATIONS OF THE 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. January 10, 1995, during a Regular Council Meeting which commences at 2:00 p.m. in the City Council Cham- bers, Clty Hall. 1201 Leopard. to consider the following zon- ing applicationls) of which said applications are on file in the Office of the City Secre- tary and the Depanmem of Planning. At said time and place of hearing, all persons and parties interested may appear before the City Coun- cil The following zoning appli- cations to be considered at the hearing are as follows: 1. 1194-2 Dave Chappell: 'RE' Residential Estate Dis- trict to -B-3" Business District Located approximately 500 feet south of South Padre Is- land Drive and 1,530 fest west of Flour Bluff Drive. 2. 1194-3 Albertson's Inc.: 'A-1- Apartment House Dis- trict and "8-1" Neighborhood Business District with. a Spe- cial Permit to 11-4' General Business District Located along South Staples Street, Kostoryz and Orland Drive. 3. 1194-4 Pete Cicacci: "AB Professional Office District t B-1' Neighborhood Busines District Located on the northeast c ner of S. Alameda Street a Tines Trail. 4. 1194-5 Judy Housto 'AB" Professional Office Di&- trict to 'B-1" Neighborho Business District Located on the east side if Everhart Road, approximat 190 feet south of Ave Street. Information may be o tained by calling the Planni Department at 880-3560, visiting the Planning Depa merit at 1201 Leopard Stree /5/ Armando Chep City Secreta '' City of Corpus Christi T