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HomeMy WebLinkAbout15113 ORD - 09/12/1979•t 4/"`1, vp:9/10/79:1st AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 28TH 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 SAMMY KINS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A WHATABURGER RESTAURANT ON LOTS 8, 10, 12, A PORTION OF LOT 6 AND ONE-HALF OF CLOSED ALLEY, BLOCK 75, BROOKLYN ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUB- JECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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 Sammy Kins for amendment to the zoning map of the City of Corpus Christi; 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 August 29, 1979 Wednesday, , at Regular 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 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 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. 15113 SECTION 2. That a Special Council Permit be granted for a Whataburger Restaurant on Lots 8, 10, 12, a portion of Lot 6 and one-half of closed alley, Block 75, Brooklyn Addition, situated in the City of Corpus Christi, Nueces County, Texas, as more particularly described on the site plan, a copy of which is attached hereto and made a part hereof, marked Exhibit "A", and subject to all other conditions of "B-1" Zoning District. A description of the aforesaid property by metes and bounds is as follows: FIELDNOTES for Lots 8, 10,.12.and a portion of Lot 6, Block 75 and 1/2 of an existing 20 foot wide alley in said Block 75, Brooklyn Addition, a map of which is recorded in Volume -A, Pages 30, 31, 32, Nap Records of Nueces County, Texas; BEGINNING at a drill hole on a concrete right-of-way marker with bronze disc found at the point of intersection of the Southeast right-of-way line of U.S. Highway No. 181 and the Southwest right-of- way line of Beach Avenue for the North corner of said Lot 12 and the North corner of this survey; THENCE South 58°00'00" East, with said Southwest right-of-way line of Beach Avenue at 130.00 feet pass a 5/8 inch iron rod set for the East corner of said Lot 12, in all a distance of 140.00 feet for the East cor- ner of this survey; THENCE South 32°00'00" West, along the centerline of a 20_00 foot wide alley, 185.00 feet for the South corner of this survey; THENCE North 58°00'00" West, at 10.00 feet pass a 5/8 inch iron rod set on the Southeast lot line of Lot 6, in all a distance of 140_00 feet to a 5/8 inch iron rod set on said Southeast right-of-way line of U.S. Highway No. 181 same being the Northwest Iot line of Lot 6 for the West corner of this survey; THENCE North 32°00'00" East, with said Southeast right-of-way, 185.00 feet to the POINT OF BEGINNING, containing 25,900 square feet of land. 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 in 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 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 introduc- tion 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, 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 IT IS ACCORDINGLY SO ORDAINED, this the /.2.. day 19 _. ATTEST: and /ter its passage, Ci f Secre ary MAYO APPF�OVED: //! DAY OF J. BRUCE AYCO , CITY ATTORNEY THY OF CORPUS CHRISTI, TEXAS Corpus Christi, T:3'as /02 day o 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYO The Charter rule was suspende Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky ��,��/ OF CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15113 • LEGAL DESCRIPTION LOTS 8, 10 ,12 ond o portion of LOT 6 BLOCK 75 BROOKLYN ADDITION - - - - -— .?20G2 s 32 00 00W • • EE -r- 77 77i, • / , t.,‘S -*6•••"11-=-' F"'• 14-ert4.--t , • 1.;r1 44-4:41.0,:..14 I — • '2e't 0 \ • LLJ j ,c=3-,•-•-•, ' - - 1,4FC).4 • .•:_. ;••• - • ; • If; 2j 14 ,•••-, ".•"' • I 'T 3.i -13 PZI, 3 • -I- • 'ir,,44L, . • /11 U.S. HiGI-IWAY 181 (AST CAUSEWAY OUL E VAR D ) L fi G7,7 Eer'l:D TR/S..r:" F 0,4 3 lie t.4 --TER WA%-lr-7 t tF2N 14 t LIHAT."-spu=4.E.--frs ;-1:/ L-;/.5" ° OSC06-•.3.7.-* o•rt:. L.--tp • _ EL" N `) -ro 326-3- LA -if -7p 0.14- 5 - ,1 4.14? -1 :th1--1,7.„"; 2.) ,'-LL &7 ' - . -re:› Fi 1ST N.Ca • 1--1"-4 . — tie ....„37., RAL QT -S. Ner't JLT-re" a S4.S17.4..L.-:k.... CC71,7n,A6T4:77'S, ‘VEK ."1/i •••<-..i 7.01 ss/ A,171;`•••i L -T IL LJ Fs • F-%,. r*>P5 !4.! N•k.'";T . • - -744 • --ca1 4- L:0'4 e:t. L17; !-t•-i- ••-3 . -1 Th1 r•-21-4,1;T_4-17nr,D: • ?4, 5440 THIS DRAWING IS T1615 PROPERTY O WHATASURDER. CORPUS CHRISTI , TEXAS AND KW NOT SE USED Oft SE RE PRODUC 1ED 1P4 WHOLE OR IN poilirr WITHOUT THE E X PRESSED WRITTEN co P43 ENT OP •wilATAIDURSER., SNC. DATE: 5 15 -79 utiarr No. 2e1 D. L E R CHI.CD. SY: APP'D SY: APP'D err APP'D SY: REF NO.