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Home My WebLink About025772 ORD - 05/25/2004Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES TIMBERGATE ASSOCIATES BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS, SECTION II, BEING 7.97 ACRES OUT OF LOT 16 FROM "R-lB" ONE-FAMILY DWELLING DISTRICT AND "A-I" APARTMENT HOUSE DISTRICT TO "B~" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Staples Timbergate Associates 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 21,2004, during a meeting of the Planning Commission, and on Tuesday, May 25, 2004, 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 Flour Bluff and Encinal Farm and Garden Tracts, Section 11, being 7.97 acres out of Lot 16, located at the northeast corner of South Staples Street and County Road 26-A (Timbergate Ddve), from "R-lB" One-family Dwelling District and "A-1" Apartment House District to "B-4' General Business District, as shown on the attached Exhibit. (Map G16A) 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 Chdsti, 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. H:\LEG-DIR~JOSEPH~ONING-O4\0404-07REGULAR.DOC .,,.' '; :i ? 'I 2 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 $. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25th day of May, 2004. City Secretary APPROVED ~'~ Joseph ~tamey <) Assistant City Attorney For C~ Attorney 2004 H:\LEG-DIRLIOSEP H~O NING-O4\0404-07REG U LAR.DOC Page 3 of 3 Corpus Christi, Texas ~ ay of 2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Mayor, The City of Corpus Chl~ti Council Members Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero ~,~,~ H:~EG-DIR~ OS E PH~_ON ING-04\0404-07REGU LAR.DOC I=1A,~9, .A,. Wr,/$H I~'NGiN~"£RING ~JI~NE~ ZOf~nl~Ki Janus/29, 2004 04009M&~ · tat~ of Trams § I)~s~-~,~ ~ an 7.g73 e=e tract ot I~nd, more of las~ e I~rti<~ of LM 16, Saatlon 11, FlC~UT Blutt' anti EncJnmJ Firm grid G~/de~ Trac~&, I ~ of which I~ n.,-,'Yd~d b~ VMume '~', Plge~ 41 I~rough 43, Ma,o ReCOKII, Nueoee County, Texl~, aald 7.973 ac~-e trmd ~ further' desGdl)ed by W end ~ mm fo~; ~C-GIMIM~i m I~ poin~ of In~e~:llon of ~. r~dhe~ ~ghl-o~ ~ne M Cou~ly I~=ad 2~ (ab~ ~ n ?imbe~. Drip) and U~ iou~easl ~ghl-<d-w~ ine or S<mih ~ ~ amd beglmhg point/o~ the Thenc~ aJm~O a~d ~ d0ht-c~-way line of $oldh $1mp4es ~eM NZW'57~0'E 771 .M' ~ · ixdnt for th~ 'T~ ,t~1'01'15';_ 450.00' tn · pOklt for ~le Thenc~ ~28'5"/"30'W 771 .~Z' to m ~Olm I~ ~ no~l'ma~ rl~ Ihto of Courtly Road eo~dternr~eM corner of t~e tinct hM~n de~:~l: Thenoe a~cmg ~ nmthea~ flg~-ol-w~ fine M' Gou~j Road 2~A N61'Ol'25'W 450.00' to the POg~IT OF of' I MAY-18-2004 11:5~ FROM:CITY OF CORPUS CHRIS 3618265560 TO:~E~B03239 p. 12/15 EXHIBIT 'B' SKETCH TO ACCOMPANY Mh-~-S AND BOUNDS DESCRIPTION State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4888145 PO # Before me, the undersigned, a Notary Public, this day personally caxne Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of 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 Count]es, and that the publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a true copy, was inserted in the Corpus Christi Caller Times and on the World Wide Web on the Caller-T~mes Interactive on the 10TH day(s) of MAY, 2004. $306.50 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of MAY 11, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ~,?,orpus ChrL~ May 10, 2004 NOTICE OF PU~LrC HEARING TO CONSIDER ZONING ApI=L~CAT~OH~S) OF THE CITY OF CORPUS CHRISTI law thai Ihe City Corpus Christi w~ll conduct a public head o~ Tueam:iay, : zoning 8p,p~e:at~6) o~ ~(~) lo ~ 5. O404-0g, Myare "AB" Prof~l "SP' Spech~ p~n~t Business DIsIHCl -' Located at the; road and Calallen Department State'-of ~kas County of Nueces } PUBLISHER'S AFFIDAVIT SS: CITY OF CORPUS CHRISTI Ad # 4908213 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of 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 ORDINANCES which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactiue on the 31ST day(s) of MAY, 2004. $320.25 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of dUNE 01, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Chdsti Caller-Times, Monda~, May 31,2004/D21 NOTICE OF PASSAGE ! OF ORDINANCES NO. 025770, anle~dlng I rrm Zonh~g Ordinance, 'i upon appflcalkm byI map in refellnCe Rour Bluff and Enc~al Farm and Garden Tracts, Section 11, One-family Dw®llln~ u,~nd~g ~he Zo~g ap~ca~ 2 and 3, (ca'mn~y and nine (9) cond~3~; NO. O25774, ~ye~ aCH~.a~on by Company by ~L. P. by ctanglr~ zoning map 1' Neighborhood ~amendlng the