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Home My WebLink About023932 ORD - 02/08/2000AN ORDINANCE AMENDING THE ZONING ORDINANCE BY DEFINING FARMERS MARKET AND FARMERS MARKET RETAIL SALES AREA AND ALLOWING THE FARMERS MARKET RETAIL SALES AREA IN B-3 BUSINESS DISTRICTS AND B-4 GENERAL BUSINESS DISTRICTS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has lBrwarded to the City CounciI its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public. public hearings were held on Wednesday, January 19, 2000, during a meeting of the Planning Commission, and on Tuesday, January 25. 2000, 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 by amending Section 3-1 and adding new Sections 3-1.24.1 and 3-1.24.2 to read as follows: "ARTICLE 3. DEFINITIONS "Section 3-1 Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular: the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance onlv, and no others, certain terms and words are hereby defined as follows: "3-1.24.1 Farmers Market. A farmers market is the retail sale of fresh fruit and vegetables in a farmers market retail sales area as an accessor,,, use to a shoppin~ center. 023932 2 "3-1.24.2 Farmers Market Retail Sales Area. An unenclosed area used exclusively as a retail sales use for a farmers market. Where allowed, a farmera market retail sales area must meet the following requirements: D The farmers market must be certified by the Texas Denartment of A~riculture; must not sell anvthin~ except fresh fruits and vegetables; must not conduct any processing for individual vortion service; and must comptv with all Iocal, state. and federal laws and regulations. The farmers market retail sales area shall not encroach upon minimum yards, minimum Darkin~ area~ or fire lanes: The farmers market retail sales area shall be considered as retail sales floor area for pumoses ofcalculatinc, varking. loading, open svace, and floor area factors but not for determining street yard. The farmers market retail sales area must be within a permanent roofed structure that does not have any walls. Permanent rest room facilities for emnlovees and customers shall be provided in the shovving center to which the farmers market is an accessory. Restroom facilities shall be within 300 feet of the farmers market retail sales area. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new Section t5-2(27) to read as follows: "ARTICLE 15. B-3 BUSINESS DISTRICT REGULATIONS "Section 15-2 Use Regulations. A building or premises shall be used only for the following purposes: "(27) Farmers market retail sales area as accessory use to shoDpin~ center." H:\LEG,DIR~VERONICA\DDCURTIS\MYDOCS~2000\P&ZORDO0\DOYLEC~FARMERS3.DOC 3 SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new Section 4--5 16-2(27) to read as follows: "ARTICLE 16. B-4 GENERAL BUSINESS DISTRICT REGULATIONS "Section 16-2 purposes: "(27) Use Regulations. A building or premises shall be used only for the following Farmers market retail sales area as accessorv use to shoDDin~ center." SECTION 4. That the official Zonin~ Map of the CiW of Corous Christi, Texas. is amended to reflect the amendments to the Zonin~ Ordinance made bv Sections 1 through 4 of this ordinance. SECTION 5~ That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 271h 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 6. 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 7. That any ordinance or part of any ordinance in conflict ~vith this ordinance is expressly repealed by this ordinance. SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, pkrase, word or provision hereof be given full force and effect for its purpose. SECTION 9. 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 Clwisti. H:\LEG-DIR\VERONICA\DDCURTIS\MYDOCSX2000\P&ZORD00\DOYLEC~FARMERS3 .DOC 4 Samuel L Neal Jr. (L l, . Rex A Kinnison CQ. Li~y( Dr. ~old Gores (LC~ at th egoing ordinate w~ read for the second time ~d p~sed finely on ~is the S~ue L. Neal, Jr. ~ ' , Rex A. ~s/on PASSED AND APPROVED, this the ~ ~y of ~~ ,2000. A~EST: ~do Chapa S Ci~ Secret~ Mayor, ~e Ci~ of Co~us C~sti APPROVED January 13, 2000: 7esR. ray, Jr., ~is, Assistant City Attorney 023932 H:\LEG-DIR\VERONICA\DDCURTIS\MYDOCSX2000\P&ZORD00\DOYLECXFARMERS3.DOC State of Texas } County of Nueces } PUBLISHER'S AFFIDAVIT SS: CITY OF CORPUS CHRISTI Ad # 3326928 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 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 14TH day(s) of FEBRUARY, 2000. TWO (2) Time(s) Amend~g the Zoning farmers market and farmers market retail: 4' General Business' Comprehensive n to aeeount for any deviations from the Vice-President and Chief Financial Officer Subscribed and sworn to me on the date of FEBRUARY 15, 2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.