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HomeMy WebLinkAbout024579 ORD - 09/11/2001 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ALFONSO G, BENAVIDES, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NORTHWESTERLY 107 FEET OF TRACT 16, ROLLING ACRES NO.1, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT WITH A SPECIAL PERMIT FOR A BAKERY SUBJECT TO TWO (2) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Alfonso G. Benavides for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 18, 2001, during a meeting of the Planning Commission, and on Tuesday, August 21, 2001, and continued to and resumed and held on September 11, 2001, 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 of the northwesterly 107 feet of Tract 16, Rolling Acres No.1, located on the south side of Leopard Street, approximately 220 feet east of Roundtree Circle, from "R-1 B" One-family Dwelling District to "AB" Professional Office District. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for a bakery on the northwesterly 107 feet of Tract 16, Rolling Acres No.1, (zoned" AB" Professional Office District by Section 1 of this Ordinance). SECTION 3. That the Special Permit granted in Section 2 of this Ordinance is subject to the following two (2) conditions: 1. ALLOWED USES: The only use authorized by this Special Permit, other than the uses permitted by right in the "AB" Professional Office District, is a bakery. I\LEGALlLAWIlEG- DIRIDOYLEDCURTISIMYDOCS\2001IP&ZORD011Z0NING.ORDIDOYLEC\20011Z0701 03B.DOC '-I .',,, ')' ,(., 9 I" " '-- .. .;,\". 1 r Page 2 of 3 2. TIME LIMIT: This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. SECTION 4. 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 5. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, 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 6. 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 7. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) 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 11 th day of September, 2001. ATTEST'~ Armando' Chapa City Secretary THE CITY OF CO~ ~.~~ 'Samuel L. eal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM September 06, 2001 James R. Bray, Jr. City A ey By: Doyle D. urtis Senior sistant City Attorney I\LEGALlLAWlLEG- DIRlOOYLEOCURTISlMYDOCSI2001IP&ZORD011Z0NING.ORDlDOYLEC\20011Z0701 03B.DOC -..-...... -. Page 3 of3 Corpus Christi, Texas ~dayO~~ . TO THE MEMBERS OF THE CITY COUNCIL CorpusChristi, 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. Ilwe, 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, Samuel . eal, Jr. Mayor, The City of Corpus Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. ~. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison r 0+ John Longoria Jesse Noyola Mark Scott ,"1' '/9 I,: t~ ,'l J IILEGAlILAWIlEG- DIRlDOYLEDCURTISlMYDOCS\2001\P&ZORD011Z0NING.ORDIDOYLEC\20011Z070103B.DOC 1 ,. r'" ~ .......,. ~"-.-~,..~.:...~,. i PUBLISHER'S AFFIDAVIT r . l . , ~ . ,,".~. . . j State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad# 3909187 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager 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 PUBLIC HEARING TO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 6TH day(s) of AUGUST, 2001. TWO (2) Time(s) ~'tt 51 (?~ Credit Customer Service Manager $172.64 Subscribed and sworn to me on the date of AUGUST 07,2001. ~Q;.Ul YrwuA_ ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. (. Ki VVj~ Ct'O e>6tf11J. / oVti JjO. 0 2.4 5""41 ~. 0~VWvV ldLco - OVlL, No \ 07-4611 -:w " Corpus Chrfslt eau.r-TII1leS Monday' , , August 6, 2001IC7 . NOTICE OF PUBlK; HEARING TO CONSIDER ZONING APPLlCA TION(S) OF THE CITY OF1 CORPUS CHIIIlm NoticeIo'*""'......1n accon:tanoe ., "I law that th. City CouncIl of tile City of Corpus Christi will conduct a public hearing on Tuesday, Au,gust 21, 2001, during a reguliir CouncII..-,g - wut;..._...... at 2:00 p.m. In tile CIty CounclI ~, CIty HoI,j ,,,,.1201. L;:~ . !i,~"'iA-""-'<-) \ said applications! are on file in the Office i of the City Secretary! and the Department of, Planning. At said t1me~ and place of hearing, ~ an persons and parties', interested may appear before the City COuncil. I Tho zoning llPt>Ilcatlon(s) to be considered at the hoarIno are aalollows: 1. 071)1-02, Klnga ~ng Realty, Ltd.: I "1\-18" Ona-Famllv , llwoNIna DIstrict, '8-1' II Nolghbo'hdOd IluIIness DlstrIot, and i -8-4" General , _ass District to "R. I 1 C' Ona-F,...i1, OwotUng 01...... LOOIIlad along tho _sldoofY-' BoulMrd end _\ =: South __I .0701-03, A_ a Benavlde8~ -R_1It Ona-Faml4' ~ District to. -8..1 Nelghborhoo~ Business 0 lotrIot-Located on tIlo\ ioouth side of '--" 'Street, approxlmolllv' \ 220 taat a..t .f Roundtree 'Circle. nformatlon may be I ob1alned by calling the I Planning. Department at 880-3560 or visiting .the: ...Pt.nn.l~n 'E.I::.-:L: '. tiJ_~ . CiIy--. "lIvol~ 111 11 Fi,~M\C:: DC:FIU1i'Jf~J1ISHER'S AFFIDAVIT 1"1' <:~-;> 10 - j "".... .,. t\ri S'; ~ E State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 3950593 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager 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 ORDINANCE(S): which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 17TH day(s) of SEPTEMBER, 2001. (Or&-, }JOfJ', 07J{f511 01Hfi1o; i 02J{577 / ~4 ~ (I~ TWO (2) Time(s) Credit Customer Service Manager $127.61 Subscribed and sworn to me on the date of SEPTEMBER 18.2001. G? wa JrJrflJ2{lt ~fI12P iY Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. 1 n "" T 11 _ColplJs Chrl8ti CaI'er-Ti~~\'.~8IIlI!er 17. 2001107 I NOTICE OF PA~E OF OROINANce/Sj: , NO. 024577. by I Changing the ~ Map'fn referenCe to Lot; 1, Mathis Est.tes (currently zoned -A- lS" One'Family Dwelling District) bY granting a spec;al permit for a ~ shOp subject to a alte p/arj and seven gJ conditions; N . 024578, by C'!ang;ng the ZOning I\fop in ~toO.919_ of Lot 14, Block 2, lokev/ew Acres, rron; ; "a-1" Neighof'ttooa !luoine.. District.."" . Special Permit to "8--4" , General SUSlnes./ Oi.trict; and NO,1 I 024579, by changing I the ZOning Map in, reference to the northwesterly 107 feet of Tract 16, AO/fl~ Acres NO.1, from 'FI- lS" On~.famiJy Dwefljng District to "AS" Professional ~ ~. """01" ,.......".....,;,tor. boIr"'Yl<lb/ectto.... (2). COnditions; ~~~~ln9 the ar"~ 'Plan Ib """"""' tor .ny Cfevlallot1e from' the a )( J.:, t I "n 9 9>mP""'ens;ve Plan. Th-ase' ;;"ordinances were, p'88S8dand ~bYthecity CoUnCil Of the City 0' ~I'f/:ft.. ChrlOll <In ~rl1,ICOI. .Iot~~ C<tf8:Y~