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HomeMy WebLinkAbout028479 ORD - 02/09/2010Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ANTHONY'S AVEDA CONCEPT SALON (applicant), BY CHANGING THE ZONING MAP IN REFERENCE TO 0.33 ACRES OUT OF SUNNYSIDE STRIP, LOTS 13 & 14A, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; 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 Anthony's Aveda Concept Salon, 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, January 6, 2010, during a meeting of the Planning Commission, and on Tuesday, February 9, 2010, 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 changing the zoning on 0.33 acres out of Sunnyside Strip, Lots 13 and 14A, located on the corner of Jaquelyn Drive and Everhart Road approximately 400 feet northwest of the intersection of Everhart Road and Staples Street, from "AB" Professional Office District to "B-1"Neighborhood Business District. (Zoning Map 046037) (Exhibit A) SECTION 2. 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 3. 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. 028479 0110-01 Anthony's Aveda Concept Salon - Requestor-PC-& Staff-zoning.Final 1-28-10.doc INDEXED Page 2 of 3 SECTION 4. 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 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35-3 of the Zoning Ordinance of the City of Corpus Christi. 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 Christi. SECTION 8. 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 crbal- day of Feh,, 2010. ATTEST: Armando Chapa City Secretary APPROVED: //Z7 , 2010 CITY OF CORPUS CHRISTI Mayor, City of Corpus Christi borah Walther Brow Assistant City Attorney For City Attorney 0110-01 Anthony's Aveda Concept Salon - Requestor-PC-& Staff -zoning. Final 1-28-10.doc Page 3 of 3 Corpus Christi, Texas day o 2010 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. 1/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, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 028479 0110-01 Anthony's Aveda Concept Salon - Requestor-PC-& Staff-zoning.Final 1-28-10.doc EFFECTIVE DATE A6VRairiA15,2b10 R-1 S/SP A/SP 041-0 B-4 t3 yC.! .. 5 `x5 3 `,(_�13 SUBJEC PROPERTY ;.,20 B-4/SP/98-02 24! 48.1/SP 8-4 CASE * 01 10-01 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A From: AB To: B-1 ORDINANCE: SulCT �. n Rte•.. 11/"CA" L...----..-'..- `- 1.® • L. asixa irs •?. 1,41 XL 1 WAtChti der Is. r=1 N •-3. 1.--r-- 1.?‘ 1 1 i . 1 I It.........4, ••••.0:4;1. . • . 7•In*I ILI • ... . i• • ; I•I AV •••., ..r, I I ; • I ; to . „,---. , -z •.....„.... , --,, i i 1 5 ..1‘ ....,..._ , ,................ , , ‘s• -i - 'I- tS) , pz, N• ---_, :.. f;;. :•••.. -,:s• ro r• .- _ .4—,-- • it. --....i. •:,, 1 ./ , L-7. 4' i — _,... -;...:. 1 _ • SI I 1 it i ••••• ..•••••04 • ••••• •,•-•• t . • . .. • ; • . 1 ' ••••• State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5929857 PO# Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 1/25/2010, 1/25/2010. $ 306.27 1Time(s) LEGAL SALE REPRESENTIVE On this e96441day ofCL , 2 - �0 I certify that the attached document is a true and an exac opy mad a by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2492 l/' i° Notary Public, State of Texas /L,L 4E » January 25, 2010 » CALLER -TIMES NOTICE OF PUBLIC HEARINGTO CON- SIDER ZONING APPLICATION(S)� OFTHE CITY OF CORPUS CHRISTI Notice is hereby giv- en in accordance with the lawthat the City Council of the City of Corpus Christi will conduct a public hearing on February 9, 2010 during a reg- ular Council meeting which commences at 12:00 p.m. in the City Council Chambers, City Hall, 1201 leop- ard, to consider the following zoning ap- plication(s) of which said application(s) are on file in the Of- fice of the City Secre- tary and the Depart- ment of Planning. At said time and place of hearing, all per- sons and parties in- terested may appear Legal Notices 1110 before the City Coun- cil. The zoning appli- cation(s) to ppli-cation(s),to be con- sidered at the hear- ing are as follows: 1. 0110-01 Anthony's Aveda Concept Salon: From the "AB" Pro- fessional Office. Dis- trict to the "B-1" Neighborhood Busi- ness District resulting in a change of land use from vacant of- fice space to retail prepared food sales use - Located at Sun- nyside Strip Lot 13 and Lot 14A.. 2. 0110-02, Ed Hicks Imports, Ltd: From the "R -1B" One-fami ly' Dwelling District to the "B-4" General Business District re- sulting in a change of land use from vacant land to parking lot use - Located south- east of Ayers Street, approximately 1,000 feet northwest of Kostoryz Road, south of McArdle Road. 3. 0110-03, York- town Oso Joint Ventures: From the "R -1B" One -family Dwelling District to the "R -1C" One -fami- ly Dwelling ne-fami-lyDwelling District re- sulting in a change of land use from vacant and residential to res- idential- use - Located, east of Rodd Field Road, west of Peter- son Drive, and ap- proximately 850 feet southwest of York- town Boulevard. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christi State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5931778 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 NO. 0284 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 2/15/2010,2/15/2010. $ 256.80 1Time(s) On this I5 k&y of LEGAL SALES EPRESENTIVE I certify that the attached document is a true and an exact copy made ►rpublisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 N. ary ' blic, State of Texas 10E R. February 15, 2010 » CALLER -TIMES Levi Notices 1110 NOTICE OF PASSAGE OF ORDINANCES 028479, Amend- g the Zoning Ordi- , upon applica- ry Antho.ny's onoept. a- anging,;the fap in refer- ence". to 0.33 acres out of Sunnyside Strip, Lots 13 and 14A, from "4B" Pro- fessional Office Dis- trict to -"B-1" Neigh- borhood Business District; NO. 028480, Amending the Zoning Ordinance, upon ap- plication by Ed Hicks Imports, Ltd., by changing the Zoning Map in reference to 2.243 acres out of Lexington Place, Block G, Lot 3, Block H, Lots 3 and 4, Block 1, Lots 3 and 4, and Brock J, Lots 3 and '4from "R-19" One -family Dwelling District to "B-4" Gen- eral Business District; ,and NO. 028481, Amending the Zoning Ordinance, upon ap- plication by Yorktown Oso Joint Ventures, by changing the Zon- ing Map in reference to 3.019 acres tract of land being all of Rancho Vista Subdi- vision Unit 4, Block 3, Lots 16 and 17, Block. 2, Lots 15, 16, 17, 18, 19, 20, and a por- tion of Lot 21, and a portion of Fred's Folly Drive, and a portion of Flour Bluff and En- cino'. Farm and "Gar- den Tract Section 25, Lot 20, from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District;. amending the Comprehensive Plan to account for any deviations from the existing Compre- hensive Plan; provid- ing a repealer clause; providing a penalty; providing for publica- tion. These ordi- nances were passed and approved by the City Council of the City of Corpus Christi on February 9, 2010. /s/ Armando Chapa City Secretary City of Corpus Christi