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Home My WebLink About026258 ORD - 05/10/2005 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BOB BAIR D/B/A BAIR'S DEN BY CHANGING THE ZONING MAP IN REFERENCE TO THE KOOLSIDE ADDITION, BLOCK 8, LOT 15, LESS R.O.W. (CURRENTLY ZONED "B-1" NEIGHBORHOOD BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT SUBJECT TO THE CONTINUATION OF THE CURRENT TABC LICENSE AND A SITE PLAN; 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 Bob Bair d/b/a Bair's Den 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, April 6, 2005, during a meeting of the Planning Commission, and on Tuesday, May 10, 2005 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 granting a special permit for a banquet hall and parking lot in Koolside Addition, Block 8, Lot 15, Less R.O.W., (currently zoned "B-1" Neighborhood Business District), located along Gollihar Road between Lum Avenue and Airline Road, as shown on the attached Exhibit. (Map 042037) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following conditions and a site plan: 1. USE: The only use authorized by this Special Permit other than the basic "B-1" Neighborhood Business District uses in Koolside Addition, Block 8, Lot 15, less R.O.W., is a bar. 2. RENEWAL OF USE: The special permit is to be subject to the continuation of the current license issued by the Texas Alcoholic Beverage Commission. 3. SITE PLAN: The lot, parking area and structure used as for the bar shall maintain the configuration shown on the site plan. 026258 - - Page 2 of 3 4. TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. 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 4. 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. SECTION 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 (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 10th day of May, 2005. A TTEST:F\ . I ~;&u-- Armando Chapa City Secretary APPROVED ;vi v .-- 2005 /);V\ v~ Joseph Har~ey IJ Assistant City Attorney For City Attorney EFFECTIVE DATE :;); {p /0 5' H .\LEG-0IRlJoseph\Zoning-05\0305-03Special.doc - Page 3 of 3 Corpus Christi, Texas J~ day Of~, 2005 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. I/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, ~J:iw4 Hen~ arrett - Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott ~! 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I ') I ~ 11i!... ~fiil ~Hftlr~ ~ I~!. ~ i Ij ; lRi li~ .... !~11,! t' 1~1~ll "!l r f : I', Itl, . f~.. r ;I .-1: , " ,.,,' " \.1_;': , ".-," ",.", r,- U'\Y -,) rJ\ 9: 41 \,'J ni' 1_ State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5187302 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR 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 25TH day(s) of APRIL, 2005. $194.65 TWO (2 ) Time(s) bcOLt/L{;L ctj Uuo-aO-S~ SENIOR COLLECTOR Subscribed and sworn to me on the date of APRIL 26, 2005. (3~ .1naJu~ ~. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. CALLER- TIMF~. Anril ~ ...,: '. . , /... \.. \-" s:~~~~5laf'~ <3: 37. County of Nueces PUBLISHER'S AFFIDAVIT ss: CITY OF CORPUS CHRISTI Ad # 5205048 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR 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 ORDINANCES 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 16TH day(s) of MAY, 2005. $162.64 bLOJLD- ?tj UutijO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of MAY 17,2005. a~ YnLuz0 ~_ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. OF PAiaAGE OF ORDINANCES NO. 028251, amending the Zoning OrdInance, upon application by Bob Be" cIIb/lI ...,.. Don by changing the zoning map in reference to the Koolside Addition, 8Iock 8, Lot 15. Loa R.O.W. (currently zoned -B-1" Neighborhood IIuIlno8s 01_) by ~~ng a Special subject to the continuation of the cum>nt__ by the TABC and a... plan; and NO. ..... amandlng the Z",*", Ordinance, upon application by -... K. TIytor. by changing the zoning map In f.f.fence to 17.19 actW out of Lot 13. 5acIIon 18, Flour 8Iuff and EncInal Farm _ Gardan Tract, from "fl. 1 B" One-family Dwalllng DIall1cl to Tractl.'!l-4"_ Iluainaoa ~._ Tract 2 - "B-1" Neighborhood Buain... Dlltrlat; ...ndlng thl Comp,_IOl;. ....., to account for any deviations from the existing Comprehenolva Plan. The._ ordinances were palled and approved by the CIty Council of the CI\y of . COfllUO Chriatl on May 11:~5. tol_~ CIty -ry of Cornua Chriatl