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Home My WebLink About029049 ORD - 05/10/2011Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KIII OPERATING COMPANY, LLC., BY CHANGING THE ZONING MAP IN REFERENCE TO MT. VERNON SUBDIVISION, UNIT 1, LOT D, LOCATED BETWEEN SOUTH PADRE ISLAND DRIVE (STATE HIGHWAY 358) AND MOUNT VERNON DRIVE, EAST OF PRINSTON DRIVE, FROM THE "B-4" GENERAL BUSINESS DISTRICT TO THE "B- 5" BUSINESS DISTRICT, NOT RESULTING IN A CHANGE OF FUTURE LAND USE; 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 Kill Operating Company, LLC., 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, April 13, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 Mt. Vernon Subdivision, Unit 1, Lot D, located between South Padre Island Drive (State Highway 358) and Mount Vernon Drive, east of Prinston Drive, from the "B-4" General Business District to the "B-5" Business District, not resulting a change of future land use (Zoning Map 043,046) (Exhibit A -"Planning Commission's and Staffs Recommendation"). 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. 029049 H:1LEG-DI R\Shared\LEGAL-DEV.SVCS12011 AgendalKllll4-26-11. 0411-01 Ordinance (B-4 to B-5).DWBFinal.doc INDEXED 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,hat this ordinance is passed upon first reading as an emergency measure on this j day of , 2011. CITY OF CORPUS CHRISTI ATTEST: �1 ;fes Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED AS TO FORM: This day of April, 2011. borah Walther Br ssistant City Attorn y For City Attorney M:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 AgendalKllll4-26-11.0411-01 Ordinance (B-4 to B-5).DWBFinal.doc Page 3 of 3 Corpus Christi, Texas lay of , 2011 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, Joe Ada Mayor, City of Corpus Christi ka-e4-/eo Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. AFir Kevin Kieschnick Priscilla G. Leal /11—MAL- John E. Marez Nelda Martinez Mark Scott Linda Strong 029049 EFFECTIVE DATE 11'I 16, 201l H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda1K11114-26-11. 0411-01 Ordinance (B-4 to B-5).DWBFinal.doc Ali VeRNON U T 1 y SUBJECT PROPERTY MOO•RE PLAZA CASE: 0411-01 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: B-4 TO: B-5 ORDINANCE NO. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5968027 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, 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, Kleberg, Live Oak, Nueces, Refugio, and San Patrick), Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02904 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/16./2011, 5./16 /2011. $ 111.30 1Time(s) LEGAL SALES REPRESENTIVE On this day of 1 , 2 \I I certify that the attached document is a true and an exact copy and d by publisher. MINNIE JOYCr CA3AEFIA MY COMMOVON5XP4 141,Atj 1.51„ ja Notary Public, State of Texas 4E» May 16 2011-D CALLER -TIMES Legal Notices 1110 NGDCE OF ; PASSAGE OF ORDWANCB NO 029649, .Amend- ing the Zoning Ord,: upon application-: by, Kill Operating Com-' pany, :LLC, •b,y, changing the Zoning mapinreference t0 'Mt. Vernon Subdivi. sion, Unit 1 Lot.;: D, located between South Padre: Island' Dr. (SH 358) & Mount Vernon Dr., east of Prinston.Dr from': the "B-4" General "'BUsi-i ness'District: to:ithe "B 5"Business:-Iis trict riot resulting; in a change tit future land' use, This orl. was; Passed ,& approved by the. Corpus Christi City Council, on "May, 10, 2011..:. • ./stolumenclqpiape c* ecretrey..