The URL can be used to link to this page

Home My WebLink About028422 ORD - 11/17/2009Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY OWENS BROTHERS, BY CHANGING THE ZONING MAP IN REFERENCE TO (1) FARMERS ROW, BLOCK 1, LOT 3C, (2) FARMERS ROW, BLOCK 1, LOT 3E, (3) FARMERS ROW, BLOCK 1, LOT 3D, (4) FARMERS ROW, BLOCK 1, LOT 3A, (5) FARMERS ROW, BLOCK 1, LOT 4, AND (6) 4.7 ACRE TRACT OF LAND OUT OF AND PART OF LOT 2 AND LOT 15, SECTION 10, FLOUR BLUFF & ENC FRM GDN TRACTS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT, "AB" PROFESSIONAL OFFICE DISTRICT AND "R-1 B" ONE -FAMILY DWELLING DISTRICT TO "B4" GENERAL 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 Owen Brothers, 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, October 14, 2009, during a meeting of the Planning Commission, and on Tuesday, November 17, 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 (1) Farmers Row, Block 1, Lot 3C, (2) Farmers Row, Block 1, Lot 3E, (3) Farmers Row, Block 1, Lot 3D, (4) Farmers Row, Block 1, Lot 3A, (5) Farmers Row, Block 1, Lot 4, and (6) a 4.7 acre tract of land out of and part of Lots 2 and 15, Section 10, Flour Bluff & Enc Frm Gdn Tracts, located on the southeast side of South Staples Street, from "B-1" Neighborhood Business District, "AB" Professional Office District, and "R-1 B" One -family Dwelling District to "B-4" General Business District. (Zoning Map 044032, 045032) (Exhibit A, Planning Commission Recommendation and Applicant's Request). 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. 28422 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \11-17\1009-01, Owen Brothers B-1 AB R -1B to B4 Appl & Plann Comm.doc INDEXED Page 2 of 3 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. 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 sgithat this ordinance is passed upon first reading as an emergency measure on this Pr -5 -day of /hVUN , 2009. ATTEST: Armando Chapa City Secretary APPROVED: �� "f , 2009 i Deborah Walther Bro Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Mayor, City of Corpus Christi H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\11-17\1009-01, Owen Brothers B-1 AB R -1B to B4 Appl & Plann Comm.doc Page 3 of 3 Corpus Christi, Texas ay 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. 1/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, Council Members Respectfully, Joe Ad 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 Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Abp Alt No `?8422 EFFECTIVE DATE 1Ycoliktkcii3,200q H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\11-17\1009-01, Owen Brothers B-1 AB R-1 B to B4 Appl & Plann Comm.doc T 8 - 4 LAY GROVE U 6 3 CASE # 1009-01 PLANNING COMMISSION RECOMMENDATION APPLICANT'S REQUEST EXHIBIT A From: B-1, AB, R -IB To: B4 ORDINANCE: LELIEC PERTY ILOCAI7ON MAP Caf State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5924748 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 ORDINANCE NO. 02842which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 11/23/2009,11/23/2009. $ 181.14 1Time(s) LES REPRESENTIVE On this 1 day of ILLet1h2O I certify that the attached document is a true and an exact copy made by publisher. Notary Public, State . xas CALLER -TIMES K November 23, 2009 K 5E Legal Notices 1110 NOTICE OF PASSAGE OF ORDINANCE NO. 028422, Amend- ing the Zoning Ordinance, upon ap- plication by the Owens Brothers, by changing the Zoning Map in reference to (1) Farmers Row, Block 1, Lot 3C, (2) Farmers Row, Block 1, Lot 3E, (3) Farm- ers Row, Block 1, Lot 3D, (4) Farmers Row, Block 1, Lot 3A, (5);. Farmers Row, Block 1, Lot 4, and (5) Farmers Row, Block 1, Lot 4,and (6) 4.7 acre tract of land out of and part of Lot 2 and Lot 15, Section 10, Flour Bluff & En- cinal Farm. Garden Tracts, from "B-1 Neighborhood Busi- ness District, "AB" Professional Office District and "R -1B" One -family Dwelling District to "B-4' Gen- eral Business District; amending the Com- prehensive Plan to account for any de- viations from eviations%from the existing Comprehen- sive Pian;' providing a repealer clause; pro- viding a penalty; providing for publica- tion. This ordinance was passed and ap proved.by•the City Council of the City of Corpus Christi on No- vember 17, 2009 /s/Armando Chapa City Secretary City of Corpus Christi