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HomeMy WebLinkAbout027543 ORD - 12/18/2007Page 1 of 3 AN ORDINANCE 027543 WAIVING THE TWELVE MONTH WAITING PERIOD TO REAPPLY FOR A CHANGE OF ZONING ON PROPERTY TY DESCRIBED AS 33.6 ACRES OUT OF LOTS 17, 18, 19, AND 20, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, LOCATED ON THE SOUTHEAST INTERSECTION OF SOUTH STAPLES STREET AND TIMBERGATE DRIVE; AND DECLARING AN EMERGENCY WHEREAS, EAS, Johnson & Pace filed an application for rezoning on a 33.6 acre tract out of Lots 17, 18, 19, and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast intersection of South Staples Street and Timbergate Drive and Kenneth Brown withdrew the application after the Planning Commission held a public hearing on said application on March 7, 2007; WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning Kenneth Brown's application for waiver of the twelve month waiting period to reapply for a change of zoning on the said 33.6 acre tract; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 28, 2007, during a meeting of the Planning Commission, and on Tuesday, December 18, 2007, 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 adoption 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, THAT: SECTION 1. Kenneth Brown's application to waive the twelve month waiting period to reapply for a change of zoning on property described as 33.6 acres out of Lots 17, 18, 19, and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast intersection of South Staples Street and Timbergate Drive is granted. SECTION 2. Upon filing an application for rezoning of said 33.6 acre tract prior to March 7, 2008, any applicant shall pay an application fee of 150% of the applicable application fee published in the Development Services fee schedule. SECTION . 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 that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 18th of December, 2007. 027543 H:IL.E -DI1 1 hared\ ry \agenda\2007\1-181ord-w iverwaitin period -1 al-Illiaft.do ATTEST: Armando Chapa City Secretary APPROVED as to form: December 12, 2007 • 1L� aL aW. Smith Assistant City Attorney For City Attorney Page 2 of 3, CITY OF CORPUS CHRISTI enry Garre Mayor H:\LE -Dl \Shar dl ary lagenda\2OO7 1 -Hord Waiverwaitingper od-Wal-Mart.doe Page 3 of 3 t Corpus Christi, Texas 1/441- Day of _b_, 2007 TO THE MEMBERS OF THE CITY COUNCIL CIL 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: leve, 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, ,r'iAlf „fr e F ry Gar e Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon A_ 1"ji '141' Af_ A-10eAft-L- 027543 H:\LEG-DIF \ hared\ arySlagenda\ OO7112-1 \ rd- 1laiverwaitingperiod-1J aI-Mart.do PUBLISHER'S AFFIDAVIT 1I43g State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5828194 PO # Before me, the undersigned, a Notary Public, this day personally came CRIS HURTADO, 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 PUBLIC HEARING Ken Brown, which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/03/07. $179.14 1Time(s) LEGAL SALES REPRESENTIVE On this i7t LA day of , 2 d I certify that the attached document is a true and an exact copy made by Notary Public, State of Texas December 3, 2007 HEARIIVC". Ken Brown(Timber- gate Wal-Mart Inc. site) has petitioned the City of Corpus Christi to consider a waiver of the twelve month wait- ing period per the Ci of Corpus Christi Zon ing Ordinance: Sectio 30-7 Required Waitin• eriod. 30-7.0 to reap ly fora zonin hange request of th allowing property 3,6 acres out of Lot 7, 18, 19, and 2 '. action 11, Flour BIu' d Encinal Farm an arden Tracts, local on the southeas tersection of Sout aples Street an bergate Drive. e City Council wil Id a public hearin, Tuesday, Dece 18, 2007 during ular Council mee which commenc= 10:00 a.m. int Council Cha s, City Hall, 12+ pard, to discu. act on this pe At said time a ce of hearing, sons and partie rested may appea ore the City Coun Information may b= tainedby calling o Ring the Depart- nt of Development rvices, Planning ection at (361) . 826-3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christi