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HomeMy WebLinkAbout028038 ORD - 01/27/2009Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY PORTLAND U -RENT -IT, INC., BY CHANGING THE ZONING MAP IN
REFERENCE TO A 900 SQUARE FOOT TRACT OF PROPERTY OUT
OF BRASELTON TRACT, FROM "1-2" LIGHT INDUSTRIAL DISTRICT
TO "I-2/SP" LIGHT INDUSTRIAL 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) CONDITIONS; 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 Portland U -Rent -It, Inc., 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 a 900 square foot tract of property out of Braselton
Tract, located at 905 Cantwell Drive, from "1-2" Light Industrial District to "I-2/SP" Light
Industrial 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 with the following four (4)
conditions. (Zoning Map 050045) (Exhibit A)
SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to
the following four (4) conditions:
1. Uses: All uses allowed by the base zoning district plus one UL 2085 above-
ground fuel tank not to exceed 500 gallons.
2. Fire Department Approval: The above -ground fuel tank shall meet all Fire
Department requirements.
028038
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3. Zoning Board of Adjustments Approval: The above -ground fuel tank will not be
allowed without Zoning Board of Adjustment approval.
4. Time Limit: Such Special Permit shall be deemed to have expired within 12
months of the date of this ordinance, unless the property is being used as
outlined in Condition Number 1 and in compliance with all other conditions.
SECTION 3. 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 4. 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 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. 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 8. 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 9. 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.
CITY OF CORPUS CHRISTI
Armando Chapa - Menry Garr,,tt
City Secretary Mayor, Citof Corpus Christi
APPROVED: January 20, 2009
eborah Walther Bro
Assistant City Attorney
For City Attorney
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Page 3 of 3
Corpus Christi, Texas
ay o111 ,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,
He&' Garret
Mayor, City
Council Members
The above ordinance was passed by the followi2g vte:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
028038
Corpus Christi
EFFECTIVE DATE
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CASE # 1208-03
Planning Commission and Staff
Recommendation
From: "1-2"
To: "1-2" with a Special Permit for
an Above Ground Fuel Storage
Tank and Four Conditions
Ordinance No.:
E(HtP,tT -Pc
TexasGeoTech
LAND SURVEYING, INC.
EXIBIT B
FIELD NOTES DESCRIPTION
Being a 900.00 square foot tract of property out ofBraselton Tract as recoded in volume 26, page 39 of the
Map Records of Nueces County, Texas and being more fully described by metes and bounds as follows:
BEGGINNING at the southeast point of this 900.00 square foot tract, from which a 3/4inch iron pipe was
found, for the southwest corner of said Tract No. 2, bears S 06° Il ' 21" E -11.75 feet and then S 83° 48'
39" W- 89.60 feet, for the POINT OF COMMENCING of this tract;
THENCE N 82° 25' 09" W - 30.00 feet, to a point for the east corner of this 30.00 foot by 30.00 foot tract;
THENCE N 07° 34' 51 " E - 30.00 feet, to a point for the south corner of this 30.00 foot by 30.00 foot
tract;
THENCE S 82° 25' 09" W- 30.00 feet, to a point for the west corner of this 30.00 foot by 30.00 foot tract;
THENCE S 07° 34' 51" W -a distance of 30.00 to the PLACE OF BEGINNING and containing 900.00
sq. f. tract acres of land, more or less.
This Field Notes Description constitutes a legal document, and, unless it appears in its entirety, in
its original form, including preamble, seal and signature, surveyor assumes no responsibility or liabilityfor
its correctness. It is strongly recommended, for the continuity of future surveys, that this document be
incorporated in all future conveyances, without any revisions or deletions.
January 19, 2009
081030-B.doc
ictor S. Medina
egistered Professional Land Surveyor
License Number 3419
SUBSIDIARY OFMEDINA CONSULTANTS
6330 SARATOGA BLVD. SUITE C — CORPUS CHRISTI. TEXAS 78414 —PHONE 361-993-0808 — FAX 361-993-2955
1
i
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)