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HomeMy WebLinkAbout027661 ORD - 04/15/2008Page liof 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY WHATABURGER REAL ESTATE LP, BY CHANGING THE ZONING MAP IN REFERENCE TO PARS DALE VILLAGE, BLOCK , LOTS 8, 9, 10, 11-A, 11-B AND 11-C, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B -'IA" 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 Whataburger Real Estate LP, 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, March 5, 2008, during a meeting of the Planning Commission, and on Tuesday, April 15, 2008, 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 Pari dale Village, Block 4, Lots 8, 9, 10, 11-A, 11-B and 11-C, located at the southwest intersection of Goll ihar Road and Whataburger Way from "A-1" Apartment House District to "B -1A" Neighborhood Business District. (Zoning Map 043037) 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. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan i amended to conform to the Zoning Ordinance, as amended by this ordinance. 027661 H:ILEG-DIR1 hared\Jay\Agenda1 008\4-'1 \OFD- ningO 0 -0ll hataburgerB-IA.de Page 2' of 3 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 1-6 of the City Code of Ordinances. 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 15th day of April, 2008. ATTEST: Armando Chapa City Secretary APPROVED: April 7, 2008 R. Ja ing First As stant CitAttorney For City Attorney CITY OF CORPUS CHRISTI He ry Garre Mayor, City f Corpus Christi H:1LE -DIR har d\Jay\Ag ndal2O081 -1 toRD- onin 0 08- 1Whataburg rB-'IA.do Page Sof 3 Corpus Christi, Texas day of 2008 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. leve, 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, F espe tfull , enry Ga - t Mayor, C y of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper L Larry Elizando, Sr. Mike HummeN Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 027661 H:ILE -[ IRl hard\Ja lAgendal2OO 14-1 \O D- onin 0 -01 1Jhataburg rB-1A.do State of Texas County of Nueces } } PUBLISHER'S AFFIL AVIT IfiL[31Z CITY OF CORPUS CHRISTI Ad # 5847425 PO # Before me, the undersigned, a Notary Public, this day personally came CRIS HRTAIO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTIT E AND EMPLOYEE OF THE PUBLISHER, namely,. the Corpus Christi Caller -Times, a daily newspaper er published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jinn 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 SI ER ZQ which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 3/31/2008, 3/31/2008. $309.18, LEGAL SALES REPRESENTIVE 2Time(s) On thisIS4- dayof � _, 2�� i certifythat the attached document O — -- is a true and an exact co y made by publisher. GWENN 4.M DI MY COMMISSION EXPIRES AUcluit II,2000 Public, State of Texas rh1� 2008PUBLIC ' #NMT[E F HEARING TO CON- SIDER ZONING AP- PLICATION(S) OF THE CITY OF COR- PUS CHRISTI Notice is hereby. given in accordance witthe law that the City Coun- cil of the City of Corpus Christi will :conduct . public hearing on .Tues- day,'April 15, 2008 dur- ing a' regular Council meeting which -•o menoes• at• 1.0:00 a. in. t -e 'City.:Council Chambers, City. Hall, 1201 Leopard,. to con- sider the.olloir zon i n - plications which said a lh ppca tion(s) are on file ire th Office of the City Sec rotary' and -the Depart men; .oto Planning. 'A said tieie. and. :place o hearing.,? all person and parties Intereste may appear before ' th City -Council. • .The zon ing . applications to .b considered- at the hear ing are as follows: • 1: 0308*1,-11Vhatabu get Real Estate -LP rdrrm:aiin.-1 I Apart mens :-House District. t I eigh orhoo Business. District Lo cated-.-a the southws intersection Of Golliha Road' and ' Whataburger flay..: : . .• .0308.03, Ross .Cocke: From a 'R -1B". One --Family.. Dwelling Distrit..t.:-a .7--_-. ns-Fa��nllly i Dwelling District ;. - Located.' on 'the. east -,.•id •of Robert. rive; apro.imtel. eventy-fire .-feet . north f Walton Drive. 0108-04, J. Golden: ro ertles,In .:, From Apartment ourlst ,District to "AT/PUD-" , Apartment.. Tourist District with Planned Unit Develop, ment72 Overlay :Lo t- ed ..on the' east side of Guilbreeze'BoUlevard, between • Neal. •and Hayes Streets. • The property is Iocated ' on North Beach directly adjacent to Corpus Christi Beach 'and cross . Neal Street from he Breakers' C ndo- iniums. :.. . 0308-04, . dllla and H Gonzalez: From an B' Professional- Of-' e- District 'to a "B-.1" ighborhood Buri- ss District.- Located at the southwest inter-- section. nter--section. ot. Everhart. Road --.and • McArdle Road.......: :...:• information -may be ob- tained by calling or vis- iting- the Department o Development %Services, Planninection :at .3611.82635130,•.g400 Leopard Street. • • -. • !s! Armando Chapa • i1v nccretart/ State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT al gt-13g CITY OF CORPUS CHRISTI Ad # 5851414 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, 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. 0276 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/21/20081 4121/2008. $ 253.89 1Time(s) On this c day of is a true and an exact co GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2008 , 2O I certify that the attached document y made by publisher. otary Public, State of Texas April 21, 2008 - 0, 027858, Amending he Zoning Ordinance, pon application by J. olden Properties, Inc., changing the Zoning ap in reference to rookiyn Subdivision, lock 19, Lots 1 hrough 9, 11, A and B, rom "AT" Apartment- ouriet. District to AT/PUD-2" Apartment- ourlst District with a fanned Unit Develop-. ent-2 Overlay, subject o a Site Plan and ten 10) .conditions: NO. 27659, Amending the o.ning Ordinance, ,upon application by 'Ross Cooke, by chang- ing the Zoning Map in reference to 0.12 acres, a portion of Alameda Estates Block 3, Lot 9, :from "R -1B' One -Fami- ly Dwelling District to '"R-1C"One-Family Dwelling District; NO. 027660, Amending the Zoning Ordinance,. upon application by Odlila and R.H. Gonza- lez, by changing the Zoning Map in refer- ence to Mt. Vernon, Block 1, Lot 13.8, from "AB":Professional Of- fice District to "B-1" Neighborhood Busi- nese District; and NO. 027661, Amending the Zoning Ordinance, upon application by Whataburger Real Es- tate LP, by changing ;the Zoning Map in ref- erence to Parkdale Vil- lage, Block 4, Lots 8, 9, 10, 11-A, 11-B and 11- C, from "A-1" Apart- ment House District to "B -1A" Neighborhood Business District; amending the Compre- hensive Plan to- ac- count for any deviations from the existing Com- prehensive Plan; pro- viding a repealer clause; providing a penalty; providing fo publication. These or dinances were passe and approved by th City Council of the Cit of Corpus Christi o Apr1115, 2008. lsi Armando Chap City Secreta City of. Corpus Chris'