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Home My WebLink About12289 ORD - 10/02/1974SRR:jkh:9- 25 -14; 1st AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 61o6, AS AMENDED, UPON APPLICATION OF NUECES BAY DEVELOPMENT CO.. INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 3.05 ACRES OUT OF THE FORMER W. E. POPE ESTATE TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AT" APARTMENT - TOURIST DISTRICT TO "B -4" GENERAL BUSINESS DISTRICT KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF Nueces Bay Development Co., Inc. FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, PUBLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS WISHING TO APPEAR AND BE HEARD WERE HEARD, TO CONSIDER THE SAME BEFORE THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON Wednesday, September 25, 1974 , AT Special COUNCIL MEETING OF THE CITY COUNCIL IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI; AND WHEREAS, the City Council finds as follows: (1) That no written or implied agreement exists between applicant and the City. (2) That the restrictions imposed are required of other properties within the same District. (3) That the proposed change is authorized by and in conformity with the enabling act. (4) That the proposed change is reasonably adapted to the end sought. (5) That the proposed change is nondiscriminatory, i.e., the same uses are available to all properties with the same classification. (6) That the proposed change is reasonable, i.e., there is no adverse impact on neighboring properties. (7) That such rezoning is in accordance with a comprehensive plan; and 12289 WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE 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, PASSED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEO, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND IN PARTICULAR AS AMENDED BY ORDINANCE No. 61o6, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. SECTION 2. That the zoning of the hereinafter more fully described tract or parcel of land, consisting of approximately 3.05 acres out of the former W. E. Pope Estate Tract, located at the north end of Corpus Christi Beach fronting approximately 770 feet along.the west side of U. S. Highway No. 181 for a depth of approximately 130 feet, at the south approach of the Nueces Bay Causeway: Beginning 627.16` feet N 320.08° E. of the iron pipe on the West right -of -way line of I U. S. Highway 0181 From which point the intersactionof the North dreht -of -way line i of Burleson Street and the West right -of -way line of U. S_ Highway 0181 right -of -way line intersect, marked by a three quarters inch iron pin near a flush -type concrete highway marker; bears S, 320 0�;' West a distance of 3460.'04 feet, THENCE North 57052' W. A distance of 130.00' to fori 1 the Southwest corner of this parcel, THENCE North 320„08' E. a total distance of 'ROAO' to forrr the Northeast comer of this parcel, II THENCE South 57.52' East a distance of 214„23' feet to the West highway right -of -way line of U. S, Highway 0151 to form another comer of this parcel„ THENCE S. 430.01 °feet .08" West a distance of 446,03'feet along the West Highway, right -of -way of U. S. Highway ff181, Thence S. 320.08W. a distance of 332.00' continuing along U. S_ Highway #181 to firm the last corner of this parcel. SECTION 3. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, BE, AND THE SAME IS HEREBY, AMENDED AS HERE114 ORDAINED. SECTION 4. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVED ON THE 27TH DAY OF AUGUST, 1937, AS AMENDED FRO14 TIME TO TIME, EXCEPT AS HEREIN CHANGED, SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 5. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID CHANGE FOR THE PURPOSE OF MAINTAINING AT'ALL-TIMES A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON TILE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO _ ORDAINED, THIS THE_,g�DAY OF ATTEST: Y SECRETARY MAYOR APPRO ED: THE CITY OF CORPUS CHRISTI, TEXAS DAY / �� CITY ATTOR • s Corpus Christi, Texas ay of , 19-79 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR HE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev.'Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark