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HomeMy WebLinkAbout13269 ORD - 06/30/1976F.E:vmr•:6- 30- 76;lst 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. 6106, AS AMENDED, UPON APPLICATION OF DER DAIRY QUEEN, BY GRANTING A SPECIAL PERMIT FOR A DAIRY QUEEN BUSINESS ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOT 1 AND _A PORTION OF LOT 2 BLOCK 2. GLENOAK PARK UNIT 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 DER Dairy Queen ` 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 March 31, 1976 , at Special Council Meeting of the City Council in the Council Chamber at City Hall in the City of Corpus Christi; and 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 TEE 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 seq, of the Ordinance and Resolution Records, as amended from time to time, and in particular as amended by Ordinance No. 6106, as amended, be and the same is hereby amended by making the change hereinafter set out. MICROFILMED 13269 Jul 111 . J1311 ij 1990 SECTION 2. That a Special Council Permit be granted on all of Lot 1 and a portion of Lot 2, Block 2, Glenoak Park Unit 2 (more fully hereinafter set out), situated in the City of Corpus Christi, Nueces County, Texas, for the operation of a Dairy Queen business, in accordance with site plan attached hereto, marked Exhibit "A ", and made a part hereof, and subject to the following: 1. Waiving the standard screening fence along the southwest property line; 2. A 3 -foot high cedar fence is required along the northeast property line in lieu of the standard screening fence; and 3. A standard screening fence is required along the northwest property line. Said property is more fully described as follows: All of Lot 1 and a portion of Lot 2, Block 2, Glenoak Park Unit 2, as recorded in Volume 41, page 182, Nueces County Map Records, Nueces County, Texas. The portion of Lot 2. Block 2, being as follows:" BEGINNING at a 5/8" iron rod in'the southeast corner of Lot 1, such point also being on.the west right -of- way line of Waldron Road; " . THENCE South 29° west for a distance of 50' to a point for corner; THENCE North 610 west for a distance of 200' to a point for corner; THENCE North 29° east for a distance of 50' to a 5/8" iron rod, such point also being the southwest. corner of Lot 1; THENCE South 67° east along the common boundary line of .Lots 1 and 2 to the place of beginning. such area containing approximately 0.23 acres of land, more or less. In the event the Board of Adjustment grants any special exception or variance to the Zoning Ordinance, applicable to the property included in the Special Permit herein granted, other than the one specified in this Special Permit, said Special Permit will be void and of no force and effect whatsoever. SECTION 3. That the official zoning map of the City of Corpus Christi, Texas, be, and the same is hereby, amended as herein 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 from time to time, except as herein changed, shall remain in full force and effect. SECTION 5. That all ordinances or parts of ordinances is conflict 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 au 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 the date of its introduction and take effect and be in full force and effect from and a er its passage, IT IS ACCORDINGLY SO ORDAINED, this the d day of , 1916 ATTEST: ity Secretary MAYOR THE CITY OF CORPIIS CHRISTI, TEUS APPROVED: 3 a DAY OF J. BRUCE AYCOCK, CITY ATTORNEY Assistant City Attorney CORPUS CHRISTI TEXAS Al OF ) /! 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 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY _�!SQ6ddLC46� DR. BILL TIPTON a ' EDUA ROD DE ASES RUTH GILL /. BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED B7 JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. 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