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Home My WebLink About025910 ORD - 08/24/2004Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY L. J. KUAN AND TERRY MERGELE, BY CHANGING THE ZONING MAP IN REFERENCE TO KOOLSIDE, BLOCK 9, LOT 15, (CURRENTLY ZONED "B-I" NEIGHBORHOOD BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT FOR AN AUTO SALES LOT SUBJECT TO A SITE PLAN AND TEN (10) 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 L. J. Kuan and Terry Mergele 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, July 14, 2004, dudng a meeting of the Planning Commission, and on Tuesday, August 24, 2004, 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 an auto sales lot on Koolside, Block 9, Lot 15, currently zoned "B-l" Neighborhood Business District), located on the west side of Airline and 300 feet north of Lure Avenue, as shown on the attached Exhibit. (H16B) (042037) 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 ten (10) conditions: 1. USE: The only use authorized by this Special Permit other than the basic "B-1" Neighborhood Business District permitted uses is a retail automobile sales use. No on-site repair work of any type may be performed. 2. AUTO SALES: The auto sales use is limited to no more than fourteen (14) vehicles for sale at one time. 3. PARKING: Two (2) off-street parking spaces are to be designated for employee/customer parking use. H:~-EG-DIRUOSEPH~ZON I NG-04\0704~ 1S PECIALPE RMIT. DOC Page 2 of 4 LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and public rights- of ways. 5. SPEAKERS: Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. SCREENING OF ROOF AIR CONDITION SYSTEM: Screen air condition system from the public-right -away with matedal like or similar to the existing exterior building. 7. HOURS OF OPERATION: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 8, SCREENING: A standard screening fence with a height of not less than six (6) feet must be located and maintained along the west property line. 9. LANDSCAPING: A landscaping strip not less than five (5) feet in width must be provided in accordance with the attached site plan. All landscape material must be kept in a healthy and growing condition at all times. All landscape material must be installed before a certificate of occupancy is issued. 10.TIME LIMIT: This 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 required in each of the above conditions and a Certificate of Occupancy has been obtained. 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 I 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 $. 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 Chdsti. H:~.EGq31R',JOSEPFr, ZONING~4~704~ISPECIALPERMIT.DOC Page 3 of 4 SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) 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 24ih day of August, 2004. City Secretary APPROVED ./~ ~.., f~/I> 2004 Joseph ~rney Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI L. heal, Jr Mayor, The City of Corpus Christi H :~LEG-DIR~JOSEPH~_ON I NG-04~0704-01SPECIALPERMIT DOC Page 4 of 4 Corpus Christi, Texas 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, Mayor, The City of Corpus Christi 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 H;\LEG-DIR~JOSEPH~.ONING-04~0704~01SPECIALPERMIT.DOC ~OH:GITY OF ~O~PUS OHR~ T0:98803~9 P.2/4 ,: '.~fite of Texas '~ounty of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4970383 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 Christ~ 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 Ir~teractive on the 9TH day(s) of AUGUST, 2004. $188.25 TWO (2 } Time(s) Credit Manager Subscribed and sworn to me on the date of AUGUST 10, 2004 Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. NOTICE O~ PtJ~.ICt HEARING TO CON~IDER ZON~G AI~LICA'~s) O~FF THE CiTY law Ihal the PUBLISHER'S AFFIDAVIT State of Texas County of Nueces SS[ CITY OF CORPUS CHRISTI Ad # 4988765 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 ~s Credit Manager of the Corpus Christi CallepTimes, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Dural, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nucces, Refug~o, San Patrimo, 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 30TH day(s) of AUGUST, 2004. $141.50 TWO {2 ) Time(s) Credit Manager Subscribed and sworn to me on the date AUGUST 31, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Ch~e~ Caller-Times, Monday, ,A~gust 3~, 2004 OF aim ~ m~l m~ (lO)