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HomeMy WebLinkAbout028302 ORD - 09/08/2009Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARY L. MOLINA, BY CHANGING THE ZONING MAP 1N REFERENCE TO LOT 31, BLOCK 6, ALAMEDA PARK, FROM "R-113" ONE -FAMILY DWELLING DISTRICT TO "B -1A" 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 Mary L. Molina, 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, August 5, 2009, during a meeting of the Planning Commission, and on Tuesday, September 8, 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 Lot 31, Block 6, Alameda Park, located on the northeast side of Everhart Road, approximately 465 feet south of Avalon Street, from "R-1 B" One -Family District to "B -1A" Neighborhood Business District. (Zoning Map 043038) (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. 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. H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12009 Agenda19-81ORD-zoning0809-03 Molina B-IA.doc 028302 INDEXED 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 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 day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI e/adfvte Armando Chapa Joe Adae City Secretary Mayor, City of Corpus Christi APPROVED: September 1, 2009 eborah Walther Br Assistant City Attorney For City Attorney H:1LEG-❑IR1Shared\LEGAL-DEV.SVCSL2009 Agenda\9-81GRD-zoning0809-O3 Molina B-1A.doo Paige 3 of 3 Corpus Christi, Texas day ofa.1 em D 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, Council Members Respectfully, Joe Ada " e Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kiesch n i ck Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12009 Agenda19-81ORD-zoning0809-03 Molina B-IA.doc 0283E)2 EFFECTIVE DATE 302.011_28.,_311,22 CASE # 0809-03 PLANNING COMMISSION STAFF RECOMMENDATION ORDINANCE: EXHIBIT A FROM: R-1 B TO: B -1A LOCATION MAP State of Texas County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5914926 PC # Before me, the undersigned, a Notary Public, this day personally came HOBBS,who beingfirst dulysworn, according to law, says that she JENNIFER is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at CorpusChristi in said Cityand State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugia, io San Patricia 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 8/24/2009, 8/2412009. $ 303.36 1Time(s) On this 01-17 ay of is a true and an exact cop made b LEG L ,2 P 1 REPRESENTIVE certify that the attached document publisher. c_F Notary Public, State of Texas CALLER TIMES « August 24, 2009 a 5E NOTICE OF PUBLIC HEARING TO ONSIDER ZONING APPLICATIONS) OF THE CITY OF CORPUS CHRISTI Notice is -hereby giv- en. in accordance with the law that the City. Council of • the City of Corpus Christi will conduct a public hearing on Septem- ber 8, 2009 during a regular Council meet- ing which commenc- es at 12:00 p.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning applications) of which said applica- tion(s) are on file in the Office 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 follows; 1. 0809-01, Alicia Romero: From an "AB" Professional Of- fice District to a "B-1" Neighborhood Busi- ness District resulting In . a ;change of land use from Profession- al office to Neighbor- hood Business- Lo- .cated on the north- east side of Baldwin Boulevard, approxi- mately 5-.71 feet southeast of South Port Avenue._: 2. 0809-02, Mostafa Bighamian: From a "B-4" General Busi- ness District to an "1-2" Light Industrial District resulting in a change of land use from General Busi- ness to Light Industri- al Located on the north side of S. Pa- dre Island Drive, ap- proximately 2,800 feet southeast of - Air - 11 3..0809-' , r ary L. Molina: From a • ne- ami y Dwelling District to an "B-1" Neighborhood Business District re- sulting in a change of land use from Single Family Residential to Neighborhood Busi- ness - Located on the northeast side of Ev- erhart Road, approxi- mately 465 feet south of Avalon Street. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section =at (361) 826-3560, 2406 Leopard Street. is/Armando Chapa State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5917100 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 a 248 / publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 9288 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/14/2009, 9/14/2009. $ 175.32 1Time(s) On this IS day of is a true and an exact c. •y made by publisher. LE EPRESENTIV , 2I certify that the attached document Ya,1 WENN J. MEDINA COMMISSION EXPIRES August 2, 2012 N tary Public, State of Texas CALLER -TIMES « September 14, 2009 « 5E Legal Notices 1,11,0' NOTICE OF PASSAGE OF ORDINANCES NO. 028301, Amend- ing the Zoning Ordinance, uponap- plication by Alicia Romero, on behalf of Alicia Romero and David Romero, by changing the Zoning Map in reference to Phillips, Block A, Lots I 14, 15 and adjacent! 30 feet of Lot 16,' from 'AB" Profession- al Office District to "B-1" Neighborhood Business District; and NO. 028302, Amend- ing the Zoningl Ordinance, upon ap- plication by Mary L. Molina, by changing i the Zoning Map in! reference to Lot 31, Block 6, Alameda' Park from "R -1B" One -Family Dwelling District to "B -1A"1 Neighborhood Busi- ness District; amending the Com- prehensive Plan to account for any de- viations from the existing Comprehen- sive Plan; providing a repealer clause; pro- viding a penalty; providing for publica- tion. These ordinances were passed and approved by the City Council oft the City of Corpus Christi on September 8, 2009. /s/ Armando Chapa City Secretary City of Corpus Christi