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Home My WebLink About028317 ORD - 09/22/2009Page 1 of 1 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GUILLERMO A. (WILLIE) ESPARZA, BY CHANGING THE ZONING MAP IN REFERENCE TO SOUTH PARK, BLOCK 2, LOT 2, FROM "A- 1" APARTMENT HOUSE DISTRICT TO "B-1" 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 Guillermo A. (Willie) Esparza, 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 19, 2009, during a meeting of the Planning Commission, and on Tuesday, September 22, 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 South Park, Block 2, Lot 2, located on the north side of South Padre Island Drive, approximately 2,331 feet northwest of Weber street, at 5038 Anthony Street from "A-1" Apartment House District to "B-1" Neighborhood Business District. (Zoning Map ❑46037) (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. 028317 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12009 Agenda\9-221ORD-zoning 0809-04 Esparza B-1 Anthony St.doc 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 22nd day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Xdame City Secretary APPROVED: September 14, 2009 (,EeIorah Walther B � Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12009 Agenda19-221GRD-zoning 0809-04 Esparza B-1 Anthony St.doc Page 3 of 3 Corpus Christi, Texas Aci), ay of rb2oo9 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 Ame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:1LEG-❑IR\Shared\LEGAL-DEV.SVCS12009 Agenda19-221ORD-zoning 0809-04 Esparza B-1 Anthony St.doc 028317 et,‘2tX76 Pr epai t. ri Sy: Dep.-to: or CiexiVoix.onaervces CASE # 0809-04 APPLICANT'S REQUEST, PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A FROM: A-1 TO: B-1 ORDINANCE: State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5916473 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 CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/7/2009, 9/7/2009. $ 262.62 1Time(s) S r LES REPR SENTIVE On this 11)(14A -day of Ai.dis 2 01) certify that the attached document co is a true and an e a v made by publisher. x c • x AO *MEDINA GWENN J. *•�4'" '*= MY COMMISSION EXPIRES •'' � "�� August 2, 2012 Notary Public, State of Texas 12E » September 7, 2009 » CALLER -TIMES i NOTICE OF PUBLIC HEARING TO CON- E SIDER ZONING 1 l APPLICATION(S) OF THE CITY OF 1 CORPUS CHRISTI i Notice is -hereby giv-, en in accordance; !with the law that the I I City Council of the !City of Corpus Christi {will - conduct a public hearing on Septem- I ber 22, 2009 during a! regular Council meet- fing whichi 1 commences at .12:00 i p.m. in the City! Council Chambers, I City Hall, 1201 Leop- ard, to consider the following zoning ap- I plication(s) of which i i said application(s) are on file in the Of - Tice of the _ City Secretary and the! Department of Plan- E Ening. At said time' and place of hearing, 1 all persons and par -1 !ties interested may! appear before thel City' Council. The 1 zoning application(s) to be considered at I j the hearing - are as 1 follows:. 1. 0809-04 Willie Es- I E parza: FfDrri A-1' I NTraTfment House 'District to a "8-1" !Neighborhood Bausi- f ness District resulting I to a change of land! use from residential) to business office use F - Located on the ! i north side of South 'Padre Island Drive, !approximately 2,33 feet northwest of We- 1 ber Street, at 5038 Anthony Street. 12. 0809-05, Double, T&C, Inc.: From an i AB" Professional Of -1 1tce Districtto a "B-4", !General Business 1 District resulting in a I !change of land use I from vacant parking lot to commercial re- tail use - Located on E the northwest side of I McArdle Road, ap- proximately 1,040 1 feet from Staples e 5 I Street. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning iSection at (361) 826-3560, 2406 ILeopard Street. 1 Is/Armando Chapa City Secretary 1 City of Corpus Christi I State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5918615 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 publication of, NOTICE OF PASSAGE OF OR DINANCE NO. 0283 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/28/2009, 9/28/2009. $ 122.94 1Time(s) LEGA S REPRESENTIVE On this day o , 2 OA certify that the attached document is a true and an exact copy made by ublisher. Notary Public, State of Texas CALLER --TIMES « September 28, 2009 a SE Legal Notices 1110 NOTICE OF PASSAGE OF OR- DINANCE NO. 028317 Amending the Zoning Ordinance, upon ap- plication by Guillermo A. (Willie) Esparza, by changing the Zon- ing Map in reference to South Park, Block 2, Lot 2, from "A-1" Apartment House District to "B-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; and providing for publica- tion. This ordinance was passed and ap- proved by the City Council of the City of Corpus Christi on September 22, 2005. /s/ Armando Chapa City Secretary City of Corpus Christi