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Home My WebLink About028270 ORD - 08/18/2009Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SCOTT ELLISON AND CARL HOWARD, BY CHANGING THE ZONING MAP IN REFERENCE TO 12.25 ACRES OUT OF 12.95 ACRE TRACT OF LAND OUT OF THE WILLIAM BRYAN SURVEY, A-46, FROM "F -R" FARM RURAL DISTRICT TO "B -2A" BARRIER ISLAND 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 Scott Ellison and Carl Howard, 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, June 10, 2009 and Wednesday, July 8, 2009, during meetings of the Planning Commission, and on Tuesday, August 18, 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 12.25 acres out of 12.95 acre tract of land out of the William Bryan Survey, A-46, recorded in Volume 1854, Page 421 of the Deed Records of Nueces County, Texas, on the west side of State Highway 361, located between Mustang Island State Park and Packery Channel, from "F -R" Farm Rural District to "B -2A" Barrier Island Business District. (Zoning Map) (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. 028270 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12009 Agendal8-181ORD-zoning 0609 -01 -Ellison -Howard - B-2A.doc Page 2of3 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 tat this ordinance is passed upon first reading as an emergency measure on this IS day of August, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe A fame City Secretary APPROVED: August 10, 2009 'Z/ 41i..Lodairdi orah Walther Brow air ssistant City Attorne For City Attorney 1 � (16.-"//o Mayor, City of Corpus Christi H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12009 Agenda18-181GRD-zoning 0609 -01 -Ellison -Howard - B-2A.doc Page 3of3 Corpus Christi, Texas tdayof :,� � tk& , 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. Uwe, 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott --7A'j(-1tok- twat 028270 EFFECTIVE DATE H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12009 Agenda18-181ORD-zoning 0609 -01 -Ellison -Howard - B-2A.doc CASE # 0609-01 PLANNING COMMISSION AND STAFF RECOMMENDATION ORDINANCE: EXHIBIT A From: F R To: B 2A Exhibit A State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5912686 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 Patricia, Victoria and Webb Counties, and that the ot._49.,4v--- 0 gSabt b 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 8/3J2009, 8/5/2009. $ 224.79 2Time(s) On this /day of is a true and an exact copy LE AL YU S REPRESE TIVE NA. GWENN JMED *• '*' MY COMMISSION EXPIRES r� •■a.■ ' r August 2, 2012 V nr A ,2 ade by p I - rtify that the attached document lisher. Not ry Public, State of Texas ' :k ✓1 l 7f"� i� f �' 1 61E it August 3, 2009 ,x, �_,k - fiME3 INOTICE OF PUBLIC ! HEARINGTO CON- 1 SIDER ZONING 1 APPLICATION(S) , 1 OF THE CITY OF 3 1 CORPUS CHRISTI I Notice is hereby giv- ien in accordance i with the law that the 1 City Council of the I City of Corpus Christi I will conduct a public hearing on August i 1 18, 2009 during al regular Council meet- ing which commences at 12:00 p,m. in the Cityi Council Chambers, City Hall, 1201 Leop- ard, to consider the following zoning ap- plication($) of which said application -(s) are on file . in the Of- fice of the City Secretary and the Department of Plan- ning. At said time and place of hearing, all persons and par- ties interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as 1 Ilows: _ S Scott EI- son/Carl Howard: From a "F -R" Farm Rural District to a "B -2A' Barrier Island Business District - Located between Mustang Island State Park and Packery Channel. 2. C0609-02, City of Corpus Christi: Newly annexed land to a "F -R" Farm Rural District from Vacant to Agricultural land , use on 54.837_ acres I of land. i information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-30, 2406 Leopard Street. /s/Armando Chapa City Secretary City of Corpus Christi 1 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5915239 PD # 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 -01/670iaqa a SA1P publication of, NOTICE OF PASSAGE OF ORDINANCES NO..-A282"which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/24/2009,8/24/2009. $ 175.32 1Time(s) On this AjlAday of LE 2 REPRESENTIVE certify that the attached document is a true and an exact cop ' ade by p blisher. Not . ry Public, State of Texas ' 1 i 6r,' , CALLER -TIMES a August 24, 2009 5E Legal Notices 1110 ORDINANCES NO. 028269, Amend- ing the Zoning Map of the City of Corpus Christi in reference to newly annexed prop- erty owned by the Veterans' Land Board of the State of Texas, located at the l intersection of Car- bon Plant Road and the Interstate High- way 37 East Service Road, as a "F -R" Farm -Rural District; and NO.7 amending the Zoning Ordinance, upon ap- plication by Scott Ellison and Carl Ho- ward, by changing the Zoning Map in reference to 12.25 acres out of 12.95 acre tract of land out of the William Bryan Survey, A-46, from "F -R" Farm Rural District to "B -2A' Bar- rier arrier Island Business ! District; amending the Comprehensive Plan to account for any deviations from d the existing Compre- dhensive Plan; providing a repealer clause; providing a penalty; providing for publication. These ordinances were passed and approved by the City Council of the City of Corpus Christi on August 18, 2009. f'.:dl Ar mc:. o City Secretary City of Corpus Christi