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HomeMy WebLinkAbout028036 ORD - 01/27/2009Page 1 of'3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAGHASI INVESTMENT TRUST, BY CHANGING THE ZONING MAP IN REFERENCE TO 11.42 ACRES OUT OF EAST '/2 OF LOT 1, BLOCK 2, NUECES RIVER IRRIGATION PARK, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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 Mostaghasi Investment Trust, 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, December 10, 2008, during a meeting of the Planning Commission, and on Tuesday, January 27, 2009, 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 11.42 acres out of the East'/ of Lot 1, Block 2, Nueces River Irrigation Park, located on the west side of County Road 69 approximately 525 feet south of Northwest Boulevard, from "R-1 B" One -Family Dwelling District to "B-1" Neighborhood Business District. (Zoning Map 067050) (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. 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. 028036 Q:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \1-27\ORD-zoning1208-01 Mostaghasi-B-1.doc Page 2 of 3 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 that this ordinance is passed upon first reading as an emergency measure on this 27th day of January, 2009. ATTEST: Armando Chapa City Secretary APPROVED: January 19, 2009 eborah Walther Brown Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI H-firy Garre Mayor, City o Corpus Christi Q:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\1-27\ORD-zoning1208-01 Mostaghasi-B-1.doc Page 3 of.3 Corpus Christi, Texas -,17Y ay ot` , 2009 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, enry Gar tt Mayor, Cit of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett U Melody Cooper Larry Elizondo, Sr. Mike Hummel! 0 Bill Kelly Priscilla G. Leal John E. Marez —74-4 Nelda Martinez Michael McCutchon 028036 EFFECTIVE DATE Q:\LEG-DIR\Shared\LEGAL-DEV.SVCS12009 Agenda \1-27\ORD-zoning1208-01 Mostaghasi-B-1.doc CASE # 1208-01 Planning Commission and Staff Recommendation From: "R-1 B" To: "B-1" Ordinance No.: EX (31 T A- State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT a 18(43g CITY OF CORPUS CHRISTI Ad # 5888786 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, 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 CONSIDER ZON which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 1/12/2009,1/12/2009. $ 245.16 2Time(s) On this is a true and an exac 0-hicilao LEG :I'A, S REYRESENTIVE ndy of / i V'jcertify that the attached document opy made � publi her. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 Not. Public, State of Texas January 12, 2009 • Monday NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S)OF THE CITY OF CORPUS CHRISTI Notice Is hereby given in accordance with the law that the City Coun- cil of the City of Corpus Christi will conduct a .public hear- ing on Tuesday, January 27, 2009 dur- ing a regular Council meeting which com- mences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to con- sider the following zoning applicatlon(s) of which said applica- tion(s)are on file in the Office of the City -Sec- retary and the Department of Plan- ning: At said time and place of hearing, all persons and parties interested may appear before the City Coun- cil. The zoning applicatlon(s) to be considered at the hearing are as follows: 1. 1208-01, Mosta- ghee' Investment Trust: From a °R1 -B° One -family Dwelling District to a "B-4" Gen- eral Business District Located on the west side of Country Road 69 approximately 525 feet south of North- west Boulevard. 2. 1208.02, Portland U --Rent It - SPID: From a "R-113" One - family Dwelling District to an "1.3" Heavy In- dustrial District - Located at 7336 South Padre Islannyd-Drive ap- eroximat1,050 feet ast ofeRodd Field Road. 3. 1208-03, Portland U -Rent It - Cantwell: From an 1-2" Light In- dustrial District to an "1-3" Heavy Industrial District - Located at 905 Cantwell. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560, 2406 Leopard Street. is/Armando Chapa City Secretary City of Corpus Christi - pi;C t: State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5891054 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, 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 PASSAGE OF ORDINANCES NO. 0280 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 2/2/2009, 2/2/2009. $ 253.89 i .e' ► hJJIA ES REP'ESENTIVE 1Time(s) On this -2- day ;TO)Akt is a true and an exact copy made b, publisher. certify that the attached document ©'NI:NN J. MEDINA MY CC)AM�MI ' N 2,2012 pF.§ Nota blic, State of Texas Monday • February 2, 2009 • NOTICE OF PASSAGE OF ORDINANCES NO. 028036, Amend- ing the Zoning Ordi- nance, upon applica- tion by Mostaghasi In- vestment Trust, by changing the Zoning Map in reference to 11.42 acres out of; east one-half (1/2) of Lot 1, Block 2, Nueces River irrigation Park, from "R-113" One -fami- ly Dwelling District to °B-1"_ Neighborhood '3usiness District; NO. — )28037, Amending the foning Ordinance, upon application by Portland U -Rent -It, Inc., by changing the Zoning Map in refer- ence to 400 square feet out of Joslin Tracts, Block A, Lot 5- B, from "R -1B" One - family Dwelling District to "R-1 B/SP" One -fam- ily Dwelling District with a Special Permit to allow one (1) UL2085 above. ground fuel storage tank not to exceed 500 gallons, subject to a site plan and four (4) condi- tions; and NO. 028038, Amending the Zoning Ordinance, ;upon application by Portland U -Rent -It, Inc., by changing the ZoningMap in reter- ende td a 960 -square foot t adtarproperty out of: Braeelton Tract front "1.2"•Light Indus- tdaf District t¢ i-2/SP" Lightrindt$tnaf Dlytnct with a'Special Permit to allow Ole 11) Uk208& above.grpund fuel storage tangs not to exceed 500. gallons, subject' to- a site plan and four (4) condi- tions; amending the Comprehensive Plan to account for any de- viations from the exist- ing Comprehensive Plan; providing a re- pealer clause; provid- ing a penalty; provid- ing for publication. These ordinances were passed and ap- proved by the .City Council of the City of Corpus Christi on Jan- uary 27, 2009. /s/ Armando Chapa City Secretary City of Corpus Christ)