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HomeMy WebLinkAbout022088 ORD - 11/22/1994AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY DOROTHY WILDE, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 24, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AND LYING WITHIN 210 FEET OF THE CENTERLINE OF SOUTH STAPLES STREET FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; 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 Dorothy Wilde for amendment to the zoning map of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, December I, 1993 during a meeting of the Planning Commission in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council, on June 21, 1994, at the request of the applicant, postponed action on the application until September 13, 1994; and WHEREAS, in accordance with proper notice to the public, a public hearing was held on Tuesday, September 13, 1994, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, October 19, 1994, during a meeting of the Planning Commission and on Tuesday, November 22, 1994, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, on September 13, 1994, City Council remanded the case to the Planning Commission for their further action; and WHEREAS, the City Council has determined that the hereinafter set forth 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 making the change hereinafter set out. 94NH2830.330 1293-2 titeinfair 2 SECTION 2. That the portion of Lot 24, Section 5, Flour Bluff and Encinal Farm and Garden Tracts lying within 210 feet of the centerline of South Staples Street, be changed from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, metes and bounds attached as Exhibit "A". SECTION 3. That the official zoning map of the City of Corpus Christi, Texas, be and the same is hereby amended as herein ordained. SECTION 4. That the Zoning Ordinance and Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as herein changed, shall remain in full force and effect. SECTION 5. That, to the extent that the amendment to the Zoning Ordinance set forth herein above represents a deviation from the Comprehensive Plan, the Comprehensive Plan is hereby amended to conform to the Zoning Ordinance as amended herein. SECTION 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 7. 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, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is Raved and shall take effect upon first reading as an emergency measure this the 22_ day of r\J)VPn1Ler 1994. ATTEST: THE CITY OF CORPUS CHRISTI Secretary MAYOR THE CITY OF CORPUS CHRISTI APPROVED THIS THE 16TH DAY OF NOVEMBER, 1994. JAMES R. BRAY JR., CITY ATTORNEY By: ..__./t(Ld aP6zw Norbert J. Ha Assistant City Att rney 94NH2830.330 1293-2 3 Corpus Christi, Texas 22-- day of No vr2 , 1994. 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, MAYOR THE CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: IJ 1� Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss 94N}12830.330 1293-2 (t. SEP7I2-94 MON URBht TNGINEERING F tX NO. 512'-°54+6001 P. 02 Job No. 3627-94-01 September 12, 1994 State of Texas County of Nueces Approximate Fieldnotes far special permit for B-1 Zoning uses for 1.3 acre tract of land (not prepared from an on the ground survey), out of lot 24, Section 5, Flour Bluff and Encina) Fami and Garden Tracts, a map of which is recorded in Volume A, Pages 41,42, and 43 , Map Records of Nueces County, Texas and described by Metes and Bounds to wit as follows: COMMENCING at a point for the Southeast Comer of Lot 29, Block 133, Crossgate Subdivision, as described in Volume 46, Pages 247,248, and 249. Map Records, Nueces County, Texas and the POINT OF COMMENCEMENT; THENCE South 61 °02'47" East, to a point on the centerline of South Staples Street (100 feet wide right-of-way) for the most Easterly corner of this tract and the POINT OF BEGINNING; THENCE South 28°51'22` West, along the centerline of said South Staples Street, a distance of 273.00 feet to a point for the most Southerly corner of this tract ; THENCE North 61°02'07' West, leaving said South Staples Street centerline, a distance of 210.69 feet for the most Westerly comer of this tract; THENCE North 29°00'00' East, a distance of 273.00 feet to a point on the Southwest boundary tine of said Crossgate Subdivision for the most Northerly comer of this tract THENCE South 61°02'07" East, with said Crossgate Subdivision boundary line, a distance of 210.00 feet to the POINT OF BEGINNING and containing 1.32 acres (57,499 square feet) of land more or less; EXHIBIT A PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: ADO 44338 POO Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, 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 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 29th day(s) of Auaust, 1994. One Time(s) S112.00 Business Office Secretary Subscribed and sworn to before me this 15th day of August, 1994. S / Nueces Count Te Notary Publj, y, s D10/Corpus Christi Caller -Tires Monday, August 29, 1994 1110 Legal Notices NOTICE OF PUBLIC HEARING TOCONSIDER ZONING APPUCATIONS OF THE CRV OF CORPUS CHRISTI Nodee is hereby given in aaherdaa a with the law that the City Council of the City of Corin Christi will conduct a public hearing on Tuesday, September 13, 1994, during a Regular Council Meeting wtilSi commences at 2:00 p.m. In the City Council Chem- bM, dty Hall, 1201 Leopard, :sac"' o Wnsider the following zon- Yg spplicatlonls) of whits aa1A asppplications are on file in a ORice of the City Secre- tary end the Department of Plerwsng. At said time and place of hearing, all persons Md parties interested may appear before the City Coun- cil. The following zoning appE- catlen(s) to be considered M the hearing (is) are as follows: 1. 1293-2 Dorothy Wilde: 'R-18' One -family Dwelling District to 1B-4' General BOW nen District Being 6.4 acres out of Lots 23 and 24, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, located on the wast side of S. Staples Street, approximately 260 fast south of Gateway Drive. Information may be ob- ar tained by calling the Planning. M 5104560, . non Dq "an �t- IM 1201 UINW $net /U