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HomeMy WebLinkAbout027270 ORD - 05/15/2007Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE A -Z CALALLEN, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO YARBROUGH ADDITION, LOTS 6, 7, AND 8, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-1/SP" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT FOR A 7,500 SQUARE FOOT AUTO PARTS AND SALES BUILDING WITH NO SERVICE BAYS, SUBJECT TO A SITE PLAN AND THREE (3) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; 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 A -Z Calallen, LLC, 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 4, 2007, during a meeting of the Planning Commission, and on Tuesday, May 15, 2007, 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, necessityand 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 changing the zoning on Yarbrough Addition, Lots 6, 7, and 8, located on the wrest side of Airline Road, and approximately 700 feet south of Holly Road from "B- 1" Neighborhood Business District to "B-1/SP" Neighborhood Business District with a Special Permit for a 7,500 square foot auto parts and sales building with no service bays, which exceeds the allowable building square footage for such use, subject to a site plan and three (3) conditions. (Zoning Map 042034) (Exhibit) 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 three (3) conditions: -1 \LEG-DIR\SharedlGaryS\agenda'2007\5-15\o d-zoning0407-04 C�I I rhs�,�ic t f •. Page 2 of 4 USES: The only use authorized by this Special Permit other than the basic "B-1" Neighborhood Business District on the subject property is an enclosed auto parts and sales building, up to 7,500 square feet in area, with no service bays. CROSS ACCESS: Provide for cross access along the north and south property lines of the subject property. Such access point shall remain open and unobstructed without a raised curb 3 Twig LIMIT: The Special Permit shall be deemed to have expired within one (1) year from 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. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 8. 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 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 15th day of May. 2007. ATTEST: Armando Chapa City Secretary CITY • CORPUS CHRISTI Henry Gar--tt Mayor. City of Corpus Christi H LEG-D1R\Shared\GaryS\agenda+2007\5-1510rd-zon ng0407-04 AZ Calallen sp.doc Page 3 of 4 APPROVED: May 9, 2007 GMry IAV. Smith Assistant City Attorney For City Attorney r______ LEF= "C. ,ATE H \LEG-DIRIShared\GaryS\agenda.200715-151Ord-zoning0407-04 AZ Calallen sp.doc Page 4 of 4 Corpus Christi, Texas I day of 1L1 11 2007 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, Council Members Respectfully, enry Garrett Mayor, Cit of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia Williann Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott kb r ri H.\LEG-DIR\Shared\GaryS\agenda'2007\5-15\Ord-zoning0407-04 AZ CalaHen sp.doc 0272 r'0 14, 2210 342 to, \! 1V3400k\35}1° 4. 0 6'• 2 r TT - — �- _— tit 122, 05 �| .6` 1 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5742793 PO # Before me, the undersigned, a Notary Public, this day personally came CRIS HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE 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 ORDINANCES which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times on the Friday, 2 IST 2007day(s) of MAY 2007. $253.89 LEGAL SALES REPRESENTIVE two (2) Time(s) On this c;/2 day of C L , I certify that the attached document is a true and an exact copy made me. Notary Public, Nueces County, Texas • Mly_21, A. Mond @y_ GO7May NOTICE OF PASSAGE OF ORDINANCES NO. 027267, Amendng 'he Zoning Ordinance. ...pan application by Shaws Development Joint Venture, by :hanging the zoning nap in reference to 3.686 acres out of ots 9, 10, and 11 Artemus Roberts Subdivision, from "R B" One -family Dwelling District to "R- C" One -family Dwelling District; NO. 027268, Amending the Zoning Ordinance upon application by the i Ecallaw Family Trust. by changing the zoning map in reference to Mesa Addition, Block 1, Lots 19 and 20, from "R -1B" One -family • Dwelling District to "B - Neighborhood Business District; NO. 027269, Amending the Zoning Ordinance. upon application by Rupert H. Kronke, by changing the zoning map in reference to 3.6 acres out of Tract 7, Abstract 850, Survey 422, from "R -1B" One - family Dwelling District t ' B - 1 A Neighborhood Business District; and NO. 027270,' Amending the Zoning Ordinance, upon application by the A -Z Calallen, LLC, by changing the zoning map in reference to Yarbrough Addition, Lots 6, 7, and 8, from 8-1" Neighborhood Business District to "B- 1 SP" Neighborhood Business District with a Special Permit for a 7 500 -square foot Auto Parts and Sales Building with no service bays, subject to a site plan and three conditions, amending the Comprehensive Plan 10 account for any deviations from the existing Comprehensive Plan; providing a penalty These ordinances were passed and approved by the City Council of the City of Corpus Christi on May 15 2007 • s/ Armando Chapa City Secretary C ity Of Corpus Christi PUBLISHER'S AFFIDAVIT CIT" OF CORPUS CHRISTI Ad;, 5727498 PO )-1,-)t, ht icit igntc1tarn Piibiic this dav personally came Sandra )rum who })FUg In 4dui\w rn. acc ording to law, says that she is Legal kopresew,ativf ot tht i'LrpttS Christi Caller -Times. a daily newspaper it aid E itv and State, generally circulated in Be li t 1 v i nr Hogg, Jim 'Wells, Karnes, Kenedy, Kleberg, C.ik Nii UiL tn tricio Victoria and Webb Counties, and that ii pinlcatl)I :1 7\-OTICE OF PUBLIC HEARING TO which the annexed is a ( '-orpns Christi Caller Times and on the World WIce h on cw Jr' ,,ractivE on the 30TH day(s) of APRIL, 2007. GWENNJ MEDINA mMISSON ExHp,.= . August 2, 2008 atvi,4A, I.t gal Sales Representative TWO (2 ) ''Ime(s) Siik,Kscribed and sworn to me on the date of bit /°t :'\,)tarli Public Nueces County, Texas f NOTICE OF PUBLIC f HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY CF CORPUS CHRC3't Notice is hereby giver r, c rdance with t a tro that the u:ncil of the City rpus Cr educt a caring on "uesda; Vay 15, 2007 Jutting a 'guter 0ounr eeting -i ucrmences at 10 OC n in the City Council Members. City Hall, 01 Leopard. c_nsider the following toning application(s of which s a d application(s) are on le in the Office of the 0t Secretary and the Department :t Manning. At said time and place of nearing. ,th persons and parties nterested may appear >asfore the City Council. e z : n : g application(s) to be :onsidered at the -!.raring are as follows 0401-01, Shaws Development Joint Venture: From a "R- 0' One -'am, ')welling District to a 'R.- - - One 'am: y welling D,strict .sated approximately 600 feet west �t Sand Morgar Road er=d 4,000 feet south of opard Street 0407-03, Rupert H. Kronke: From a "R- 3' One -tam .1 veiling Distnc' to a '0- Neighborhood t3usiness District orated on the east -ride of Carbon Plant load, betwee0 1erstate Highway N and 0o Rive, - 0407 -02 iv r0407-02. The Ecaliaw Family Trust: -tom a "R -1B" One- 'amily Dwelling District a B eighbothco.� Business District coated at trte northwest intersection ,;t Violet Road and 3lades Street 0407-04 A -Z Calallen, LLC Fror a B '" Neighborhood 13usiness District 'c 4v. _r_ �t isiness D,>L pct ucated on tie west ;ide of Airline Roa_:. yard approximately 700 'et south ttrHr h✓ Road, ttormation may De obtained by calling or ,siting the Department Development Services, ?lannirg Section at 1,361: 826- .560. 2406 i_sopard =-meet. 's Armando Chapa City Secretary) City of Corpus Chest!'