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Home My WebLink About028024 ORD - 01/13/2009Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AL CROZIER/PRIME INCOME ASSET MANAGEMENT, INC., ON BEHALF OF MATTHEW COMAY, JUSTIN DUPRIE, SHAH ISLAM AND MUKUL MAHESHWARI, BY CHANGING THE ZONING MAP IN REFERENCE TO 4.46 ACRES OUT OF CORPUS CHRISTI BEACH HOTEL ADDITION, LOT 7-A, FROM "AT" APARTMENT -TOURIST DISTRICT TO "B-2" BAYFRONT 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 Al Crozier/Prime Income Asset Management, on behalf of Matthew Comay, Justin Duprie, Shah Islam and Mukul Maheshwari, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 12, 2008, during a meeting of the Planning Commission, and on Tuesday, January 13, 2009, 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 4.46 acres out of Corpus Christi Beach Hotel Addition, Lot 7-A, located on Corpus Christi Beach and bounded by Surfside Boulevard, Breakers Avenue and Bushick Place, from "AT" Apartment -Tourist District to "B-2" Bayfront Business District. (Zoning Map 044047) (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. 028024 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \1-13\ORD-zoning1108-02Crozier-B-2.doc 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 13th day of January, 2009. ATTEST: CITY 0 CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 5, 2009 Borah W. Br Assistant City A orney For City Attorney enry Gar -tt Mayor, Ci of Corpus Christi H:\LEG-DIR\SharedLLEGAL-DEV.SVCS\2009 Agenda\1-13\ORD-zoningt 108-02Crozier-B-2.doc Page 3 of 3 Corpus Christi, Texas I a day of (� 2009 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, ��i/Lt. / I►/�Li . moi/ enry Garr Mayor, Cit of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 028024 EFFECTIVE DATE (idtuca IR,ad09 J H:\LEG-DI R\Shared\LEGAL-DEV.SVCS\2009 Agenda\1-13\ORD-zoning 1108-02Crozier-B-2.doc T// S .Feet CASE # 1108-02 EXHIBIT A Council Requested Action From: "AT" To: "B-2" ORDINANCE: 10,28/2008 Prepared SRR Depmmm of Development Sates State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT 018432 CITY OF CORPUS CHRISTI Ad # 5887258 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 PUBLIC HEARING TO CONSIDER ZON which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/29/2008,12/29/2008. $ 224.79 1Time(s) On this t fl "day of is a true and an exa r GWENN J. MEDINA MY COMMISSION1EXPIRES II 1 ,1 i► 'At LEGA L1 WI. REPRESENTIVE opy made 1� ! I certify that the attached document publisher. 9 N 1 tary Public, State of Texas December 29, 2008 NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Coun- cil of the City of Corpus Christi will conduct a public hear- ing on Tuesday, January 13, 2009 dur- ing a regular. Council meeting which com- mences at 10:00,a.m. in the City Council Chambers, City Hall, 1201 Leopard, to con- sider the following zoning applicatlon(s) of which said applica- tion(s) are on file in the Office of the City Sec- retary and the Department of Plan- ning. At said time and: place of hearing, all persons and parties interested may appear before the City Coun-1 cil. - The zoning application(s) to be considered at the hearing are as follows: 1. 1008-04,. Raquel Medina:- From a "B-5" Primary Business Dis- trict.to an. "A-1" Apartment House Dis- trict.-. Located approximately 160 feet east of Staples Street. 2. 1108-02, Al Cro- zier/Prime Income Asset Management: From an "A -T" Apart- ment House District to a "B-2" Bayfront Busi- ness District - Located on Corpus Christi Beach and bounded by Surfside Boulevard, Breakers Avenue and Bushick Place. Infor- mation 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 # 5889575 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 ORDI NANCES NO. 028 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 1/19/2009, 1/19/2009. $ 189.87 1Time(s) On this4?�r" ' day of is a true and an e LE :17\ ES REPRESENTIVE certify that the attached document isher. Notary Pub ic, State of Texas GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 • Monday • January 19, 2009 NOTICE OF PASSAGE OF ORDI- NANCES NO. 028023, Amend- ing the Zoning Ordi- nance, upon applica- tion by Raquel Medi- na, by changing the Zoning Map in refer- ence to Shannon Ad- dition, Block 1, Lot 5, from "B-5" Primary Business District to "B-5/SP" Primary Busi- ness District with a Special Permit to allow for the construction of a garage, subject to a site plan and two (2) conditions, and NO. 028024, Amending the Zoning Ordinance, upon application by Al Crozier/Prime Income Asset Management, Inc., on behalf of Mat- C Justin aDupe,Shh Islam and Mukul Meheshwa- ri, by changing the Zoning Map in refer- ence to 4.46 acres out of Corpus Christi Beach Hotel Addition, Lot 7-A, from "AT" Apartment Tourist Dis- trict to "8.2" Bayfront Business District; amending the Com- prehensive Plan to ac- count for any devia- tions from the existing -Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication.- These or- dinances were passed and approved by the City Council of the City of Corpus Christi on January 13, 2009. /s/ Armando Chapa City Secretary City of Corpus Christi