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Home My WebLink About028495 ORD - 02/23/2010Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARWELL PROPERTIES, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO 1,000 SQUARE FOOT PORTION OF A .82 ACRE LAND PARCEL OUT OF ALLEN & CAMERON INDUSTRIAL PARK 5 LOTS 6C AND 6D, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "I- 2/SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR ONE (1) UL2085 ABOVE GROUND FUEL STORAGE TANK NOT TO EXCEED 1,000 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 Marwell Properties, LP, 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, January 20, 2010, during a meeting of the Planning Commission, and on Tuesday, February 23, 2010, 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 1,000 square foot portion of a .82 acre land parcel of Allen & Cameron Industrial Park 5, Lots 6C and 6D, generally located at 7410 and 7412 Leopard Street, approximately 740 feet northwest of Southern Minerals Road, from "I-2"Light Industrial District to "1-2/SP" Light Industrial District with a Special Permit to allow for one (1) UL2085 above ground fuel storage tank not to exceed1,000 gallons , subject to a site plan, attached, and four (4) conditions. (Zoning Map 055046) (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 in the "1-2" Light Industrial District plus one UL2085 above ground fuel tank not to exceed 1,000 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\2-23-10\CASE NO. 0110-04 MARWELL PROPERTIES LP\PC & Staff recommended-zoning.doc 028495 INDEXED Page 2 of 3 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 1 year of the date of this ordinance, unless the property is being used as outlined in Condition #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 tht this ordinance is passed upon first reading as an emergency measure on this day of , 2010. Armando Chapa City Secretary APPROVED: , 2010 eborah Walther Br Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI ,40/4,4-friZ Joe Kdame Mayor, City of Corpus Christi H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda \2-23-10\CASE NO. 0110-04 MARWELL PROPERTIES LP\PC & Staff recommended-zoning.doc Page 3 of 3 Corpus Christi, Texas day ofJ , 2010 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. Respecffully, Respecffully, Joe Ad me Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler16104-(ai Brent Chesney Larry Elizondo, Sr. k?f- Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EFFECTIVE DATE 'i�ptie� 1�oqD/0 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\2-23-10\CASE NO. 0110-04 MARWELL PROPERTIES LP\PC & Staff recommended-zoning.doc 028495 MO -CUL S MAP 141 2CKER INDUSTRIAL ASSE.• SORS MAP 141 0105 .07 wired Sp: rru4 � CASE # 0110-04 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A Denial of From: 1-2 To: 1-3 In Lieu of Special Permit ORDINANCE: SUBJECT PROPERTY 1-2 to 1-3 M1D-GUL 1 D S• S MAP 141 07105120V 'pend Sy: CASE # 0110-04 APPLICANT'S REQUEST EXHIBIT B From: 1-2 To: 1-3 ORDINANCE: CASE # 0110-04 1. SITE- 2009 AERIAL 771 Sidled fatoPertY Refer to Map 2 for Neighborhood Existing Land Use A iso avaikbk at WWW.Gdexas.com ATTACHMENT 1 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5931074 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, 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 CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 218/2010, 2/8/2010. $ 204.42 LEGAL SALES EPRESENTIVE 1Time(s) On this day o ►. ; LACI Ot&certify that the attached document is a true and an exact copy made 401 publisher. MO/ / tary Pu:lic, State of Texas GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 4E » February 8, 2010 B. CALLER -TIMES Legal Notices 1110 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S) OFTHE CITY OF CORPUS CHRISTI Notice is hereby giv- en in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on February 23, 2010 during a regular Council meet - i n g which commences at 12:00 p.m. in the City Council Chambers, City Hall, 1201 Leop- ard, to consider the following zoning 'ap- plication(s) : of which said application(s) are on file in the f- fice of the City Secretaryand the Department of Plan- ning. At said time and place of hearing, all persons and par- ties interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as follows:' 1. 0110-04, Marwell Propeties, LP: From the "1-2" Light Indus- trial District to the "1-3" Heavy Industrial District - Located at 7410 and 7412 Leop- ard Street`, approximately 740 feet northwest of Southern Minerals Road. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christi NOTICE OF PUBLIC SALE to satisfy landlord's lien. The sale will be held on Saturday, February 20th,` 2010, 9 a.m. at AAA Storage l H-37, State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5933027 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, 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 ORDINANCE NO. 02849 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 3/1/2010, 3/1/2010. $ 160.77 1Time(s) On this day of is a true and an exact co P LEGAL SALES GWENN J. &EDNNA MY COMMf88ioN EXPIRES Aiveritimmusisziasaw.h1fltit 2, 2012 EPRESENTIVE 0° I certify that the attached document made by publisher. Notary Public, State of Texas CALLER -TIMES fl[ March 1, 2010 « 5E NOTICE OF PASSAGE OF ORDINANCE NO. 0284951 Amend- ing the Zoning Ordi- nance, upon applica- tion by Mame!! Prop- erties, LP, by chang- ing the Zoning Map in reference to 1,000 square foot portion of a .82 acre land parcel out of Alien & Came- ron Industrial Park 5, Lots 60 and 6D, from °1-2' Light Industrial District to "I-2/SP" Heavy Industrial Dis- trictwith a Special Permit toallow for one :(1) UL2085 above ground fuel storage tank not to exceed .1,000 gal- lons, subject to a site plan and four (4) con- ditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehen- sive Plan; providing a repealer clause; pro- viding nrv€ding a penalty; pro- viding for publication. This ordinance was bys$ed.and approved y .the City Council of the .City of Corpus Christi on- February 23,2010..'- lel Armando Chapa City Secretary City of Corpus Christi