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Home My WebLink About028567 ORD - 04/20/2010Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY TDK CONSTRUCTION COMPANY, BY CHANGING THE ZONING MAP IN REFERENCE TO 14.77 ACRES OUT OF FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, SECTION 11, LOTS 18 AND 19, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE 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 TDK Construction Company, 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, March 17, 2010, during a meeting of the Planning Commission, and on Tuesday, April 20, 2010, 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 14.77 acres out of Flour Bluff & Encinal Farm and Garden Tracts, Section 11, Lots 18 and 19, located on the south side of Timbergate Drive, approximately 865 feet southeast of South Staples Street, from "R-1 B" One - Family Dwelling District to "A-1" Apartment House District. (Zoning Map 044032 ) (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. 028567 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\4-20-10\Ord-Zoning 0310-04 TDK R-1 B to A-1.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 at this ordinance is passed upon first reading as an emergency measure on this 2—day of April, 2010. ATTEST: CITY OF CORPUS CHRISTI 16 -„Lei - Armando Chapa Joe Aflame Mayor, City of Corpus Christi City Secretary APPROVED: , 2010 eborah Walther Bro Assistant City Attorney For City Attorney H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda \4-20-10\Ord-Zoning 0310-04 TDK R-1 B to A-1.doc Page 3 of 3 Corpus Christi, Texas ay of 2010 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, 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 A-94- 028567 EFFECTIVE DATE /1p(J(e).0 10 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\4-20-10\Ord-Zoning 0310-04 TDK R-1 B to A-1.doc CAS # 0310-04 PLANNING COMMISSION STAFF RECOMMENDATION PUBLISHER'S AFFIDAVIT tate of Texas } CITY ORPUS CHRISTI County of Nueces } Ad # 5936289 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, 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 4/5/2010, 4/5/2010. .$ 186.96 ,J -}w C-- LEGAL SALES R PRESENTIVE 1Time(s) On this day o itj , 2 0101 certify that the attached document is a true and an exact py made by,publisher. Nota Public, State of Texas 4E >lf April 5.2010 ri CALLER—TIMES Levi Nuticui 1110 NOTICE OF PUBLIC HEARINQTO CON- SIDER ZONING APPLICATIONS) OFTHE CITY OJ CORPUS CHRISTI Notice is hereby giv- en that the -City Council of the City of Corpus Christi will conduct a public hearing on April 20, 2010 during a regular Council meeting which commences at 12:00 pm In the Council Chambers, City Hall, 1201 Leop- ard, to consider the following zoning ap- plication(s which are on file in the Office of the City .Secretary and the Dept. of Planning. -At said time and place of hearing,: persgns and parties interested may:appear before the. City Council. The zoning application(s) to be considered at the`tearing are as follows: 1.0310-04, TDK Construction Com- pany, Inc.: From the "R -1B" One -family Dwelling District to the "A-1 Apartment House District - Lo- cated 'on the south side of Timbergate, approx. 865 ft south- east :of So. Staples St. - Information may be obtained by call- ing or visiting the Dept. of Develop- ment Services, Planning Section at (361) 826-3560, 2406 Leopard St. is/Armando Chapa City Secretary PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5938357 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02856 which the annexed is a true copy, was inserted in the Carpus Christi Caller -Times on the 4/26/2010, 4/26/2010. $ 99.66 1Time(s) On this qday of is a true and an exact copy m. • by publisher. LEGAL SALES EPRESENTIVE , 2 % I certify that the attached document 'Public, State of Texas 4E * April 26, 2010 H CALLER -TIMES 1111h. 1_1111 `,niices 1110 NOTICE OF PASSAGE OF ORDINANCE NO. 028567, Amend- ing the Ion€ngg Ord., upon application by TDK Construction Co., by Changing the Zoning Map in refer- ence to 14.77 acres out of Flour Bluff & Enclnal Farm & Gar- den Tracts, Sect. 11, Lots 18 & 19, from 'R -1B" One -family Dwelling . District to `A-1"Apartment House District. This ord.,-was passed & approved by the Cor- pus Christi City Council .on. April 20, 2010. - /s/Armando Chapa City Secretary