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Home My WebLink About025338 ORD - 06/10/2003Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ALBERT R. VlLLARREAL, BY CHANGING THE ZONING MAP IN REFERENCE TO SOUTHWOOD SUBDIVISION, BLOCK 1, LOT 7, (CURRENTLY ZONED "AB" PROFESSIONAL OFFICE DISTRICT) BY GRANTING A SPECIAL PERMIT FOR MATTRESS RETAIL/CLEARANCE SALES STORE SUBJECT TO NINE (9) 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 Albert R. Villarreal, 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, April 23, 2003 and May 7, 2003, during a meeting of the Planning Commission, and on Tuesday, June 10, 2003, 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 granting a Special Permit for a mattress retail/clearance sales store on Lot 7, Block 1,Southwood Subdivision, (currently zoned "AB" Professional Office District), located on the south side of Gollihar Road, approximately 280 feet west of Kostoryz Road. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following nine (9) conditions: Uses: The only uses permitted by this Special Permit other than those uses permitted by right in the "AB" Professional Office District is a mattress retail/clearance sales business located in the existing primary structure with storage of mattresses in the existing enclosed detached garage. Driveway Access: Driveway access to Lot 7, Block 1, Southwood Subdivision is prohibited along the lot frontage adjacent to Gollihar Road. \\CLSTRI_USERS2_SERVER\USERS2\LEG-DIR~JOSEPH~-ONING\0403-01 SPECIALPERMIT.DOC 025338 Page 2 of 4 Parkin,q: An asphalt or concrete paved parking lot for the use shall be constructed and located along the rear of the primary structure. No parking or parking lot shall occur in the front or side yards. Si~na.qe: The sign allowance shall be as permitted under the "AB" Professional Office District. Fencing: A six (6) foot screening fence shall be located along the south and west property lines of Lot 7, Block 1, Southwood Subdivision. Dumpster Location: Any dumpster placed on the property shall be placed behind the primary structure. Hours of Operation: Hours of operation are limited to Monday through Saturday from 9 a.m. to 7 p.m. and on Sunday from 1p.m. to 6 p.m. Delivery Vehicles and Schedule: Delivery vehicles shall be limited to a four- ton vehicle and shall not make deliveries to the use after 6 p.m., Monday through Sunday. 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, is amended to reflect the amendment to the Zoning Ordinance made by 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, 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 \\CLSTRI_USERS2_SERVER\USERS2\LEG-D[R~JOSEPH~ZONING\0403-01 SPECIALPERMIT.DOC Page 3 of 4 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 10th day of June, 2003. City Secretary THE CITY OF CORPUS CHRISTI Samuel L. N~af~, Jr. ~// Mayor, The City of Corpus Christi APPROVED ,/ ~ jose ~i~H a%ll n ely (~--~ Assistant City Attorney For City Attorney 2003 \\CLSTRI_USERS2_SERVER\USERS2\LEG-DIR~JOSEPH~ZONING\0403-01SPECIALPERMIT.DOC Page 4 of 4 Corpus Christi, Texas ~ day of ~_~,~ 2003 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. Respec~ully, Respectfully, ~vlaar~oUr,e TLl~e~'~t~ oJ;~orpus ~hristi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott \\CLSTRI_USERS2_SERVER\USERS2\LEG-DIR~JOSEPH~ZONING\0403-01 SPEClALPERMIT.DOC 025338 State of Texas County of Nueces Before me, the undersigned, Hinoiosa, who being first dui Manager of the Corpus Ch~ Corpus Christi in said City Brooks, Duval, Jim Hogg, Nueces, Refugio, San Patri. publication of, NOTICE OF copy, was inserted in the C, Web on the Caller-Times Inte $286.31 TWO (2) Time(s} SS: PUBLISHER'S AFFIDA.V!T ~- i;~ANC~i. £ CITY OF CORPUS CH01~I~ 3~ Ad # 4551698 PO # Credit Manager Subscribed and sworn to me on the date of MAY 27, 2003. Notary l~ublic, Nue~es County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. a Notary Public, this day personally came Diana sworn, according to law, says that she is Credit ;ti Caller-Times, a daily newspaper published at and State, generally circulated in Aransas, Bee, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, :lo, Victoria and Webb Counties, and that the ~UBLIC HEARING TO which the annexed is a true )rpus Christi Caller-Times and on the World Wide 'active on the 26TH day(s} of MAY, 2003. ~Monday ~y~6, 2003/ 'IEARING TO .~ONS DER ZONING ~PPLICATION(S) OF F'HE CITY OF ~ORPUS CHRISTI ~ce is hereby given in Lccordance wah the r aw that the City ~ouncil of the City of ~orpus Christi wJU onduct a public ear~g o~1 TuM~ay, une 10, 2003, durin regular Counc~ teeting which Coundl to Real: '1-2' · t 240~ Lea~ar~, ~uM