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Home My WebLink About028736 ORD - 08/24/2010Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CHRIS MANDELL, APPLICANT FOR HORTON AUTOMATICS, A DIVISION OF OVERHEAD DOOR, BY CHANGING THE ZONING MAP IN REFERENCE TO APPROXIMATELY 2,612 SQUARE FEET OUT OF CORPUS CHRISTI INDUSTRIAL DISTRICT SECITON 2, BLOCK 9, LOT X-3, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "I-2/SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW INSTALLATION AND OPERATION OF ONE (1), 2,400 GALLON, UL2085, ABOVE GROUND FUEL STORAGE TANK, 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 Chris Mandell, applicant for Horton Automatics, a division of Overhead Door, 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, July 21, 2010, during a meeting of the Planning Commission, and on Tuesday, August 24, 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 approximately 2,612 square feet out of Corpus Christi Industrial District Section 2, Block 9, Lot X-3, approximately 400 feet north of the intersection of Airport Road and Baldwin Boulevard, located at 4242 Baldwin Boulevard, from "1-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to allow the installation and operation of one (1) 2,400 gallon, UL2085, above ground fuel storage tank, subject to•a site plan, attached, and four (4) conditions. (Zoning Map 049043) (Exhibit A) H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda\8-241CASE NO. 0710-02 HORTON AUTOMATICS1071002 12 To I2SP.Doc 028736 iNoEXEo Page 2 of 4 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 the installation and operation of one (1), 2,400 gallon, UL2085, above ground fuel storage tank. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 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 one (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 H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda18-241CASE NO. 0710-02 HORTON AUTOMATICS1071002 12 To I2SP.Doc Page 3 of 4 and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings sot at this or inance is passed upon first reading as an emergency measure on this A ay of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor, City of Corpus Christi 4',(6&2-Zr1//,Ace Joe A me APPROVED: , 2010 eborah Walther Assistant City At For City Attorney H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agendal8-241CASE NO. 0710-02 HORTON AUTOMATICS1071002 12 To I2SP.Doc Page 4 of 4 Corpus Christi, Texas day of f , 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. Respectfully, Respectfully, Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick 1417 - Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EFFECTIVE DATE s 30) 2010 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda\8-241CASE NO. 0710-02 HORTON AUTOMATICS1071002 12 To I2SP.Doc 028736 CASE: 0710-02 EXHIBIT A PLANNING COMMISSION & RECOMMENDATION From: 1-2 To: I -218P ORDINANCE NO. 4 .iR�► bp A11111111111h. 4111111111111111114 41111111t11rI1L �s11111■■111f1.y11�` 441.1111111111111111111111, N11111111111111111111111,411111111111111111111111111/1111111111. Nim'y�%�► �1Aieiir 41/1111f► \t/1. �1111/1rr �1�11�► 411111f11111Ir �11I11I►Ii�111111111/ 11111111111 � "� �111111i%�111r� SITE �' 11111111111111' AREA:2,612 SQ.FT. 0.060 AC. a1>� PROPOSED GENERATOR/ FUEL TANK SITE HORTON AUTOMATICS, INC, -APPLICANT Pmpered by Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi. Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fax) FIRM REGISTRATION NO. F-52 TE PLAN MURRAY BASS, JR., P.E.,R.P.L.S. NIXON M. WELSH, P.E,I%.P.L.S. www.bass-welsh.00m 3054 S. ALAMBDA, ZIP 78404 PH. 361 882.5521— FAX 361 882-1.265 e-mail: n)urrayL1slaal.coir�, e-mail: nixmw.QaoLcoin BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 June 10, 2010 Meld Note Description Generator/Fuel Tank Site Being a tract situated in Corpus Christi, Nueces County, Texas a portion of Lots X-3, Block 9, Corpus Christi Industrial Distract, Section 2, as shown an the plat thereof recorded in Volume 61 at Page 134 of the Map Records of Nueces County, Texas and being more particularly described by metes and bounds as follows; Commencing at the intermediate corner located in the northeast boundary of Lot X-3, whence the northeast corner of Lot X-3 bears S 65°48'O0" E at 296.59 feet; THENCE S 65°48'00h E along the northeast boundary of Lot X-3 a distance of 87.31 feet; THENCE 3 24°12'0O' W a distance of 12.62 feet to a point for the POINT OF BEGINNING and the northeast comer of this tract; THENCE SOUTH a distance of 45.75' to a point for the southeast comer of this tract; THENCE WEST a distance of 57.09 feet to a point for the southwest corner of this tract; THENCE NORTH a distance of 45.75 feet to a point for the northwest corner of this tract; THENCE EAST a distance of 57.09 feet to the POINT OF BEGINNING forming a tract embracing 2,612 feet (0.034 acres). Note: Description Is based upon referenced Map of Record. 10045 -Field Note Desc.doc ray Bass, Jr., R.P.L.S. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5947162 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, 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 8/9/2010, 8/9/2010. $ 250.98 1Time(s) On this fakA-clay of is a true and an exact copy made by publisher. 4110wLEGAL SALES ' i PRESENTIVE k° I certify that the attached document dr OWiNN,i. MEDINA MY COMMISSION EXPlies August 2, 2012 Notary Public, State of Texas 4E .N ALigust 9, 2010 )) CA:LER-TIMES i eE1al Notices 1110 NOTICE OF PUBLIC HEARINGTO.CON- SIDER ZONING APPLICATION(S) OF THECITY OF CORPUS CHRISTI Notice Is hereby" giv- en that the Corpus Christi City Council will conduct a public hearing -on August 24, 2010 during a' regular Council meet- ing Which cotrimenc- es at12;00 prn. in the Council Chambers, City Hall, 1201 Leop- ard, to consider eop-ard,.'to'consider :the following zoning ap- plication(s) which are on, file In the Office of the City Secretary & the Dept. of Planning. At said time & place of hearing, persons & parties' interested may appear before the City Council: 1, 0610-02, "David B. Allred:; From the "B-2AIlO/SP" Barrier Island Business Dis- trict/Island Over- lay/Special Permit to the B-4' General Business District - Located on the west - side of South Padre Island -Dr. or Park Road #22, at the ad- dress 14237 SPID or Park Rd 22. 2. 0710-01, :Propor- tional Prosperity, LLC: From the B-4 General Business District to the "1.2" Light Industrial Dwell- ing :District -: Located at 1302 Saratoga on the northeast corner of Saratoga Blvd. and Calle Las °Colonies Dr. 3. 0710-02, Chris Mandell, applicant for and a representative of Horton Automatics, which isa division of Overhead Door: From the "1-2". Light industrial District to the "1-3" Heavy In- dustrial District n-dustrial':District - Lo- cated at 4242. Bald- win Blvd. Information may be obtained by calling or. visiting the Dept, of. Development Servic- es,:Planning Section at (361)`. 826.3560, 2406 Leopard St. !s! Armando Chapa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5948749 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 ORDINANCES NO. 0287 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on- the 8/30/2010, 8/30./2010. $ 259.71 1Time(s) On this A_l-ay of LE SALES R 'RESENTIVE is a true and an exact copy GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 , 2 (41.A certify that the attaied document ade by • ublisher. Public, State of Texas CALLER -TIMES cC August 30, 2010:(( 5E, Legal Notices 1110 NOTICE OF PASSAGE OF ORDINANCES NO. 028734, Amend Ing the Zoning Ord upon application b David B, Allred, b changing the Zonin .Map in reference toi Padre island No. 1, Block 2, being the south half of Lot BA,1 Lot 9A and 10A, from: "B-2AI10ISP" Barrier: Island Business Dis- trict/Island Overlay/Special Per- mit to. Modified "B-2N10/SP Barrier Islarid ;Business. Dis- trict/Island. Overlay' with a Special :Permit to allow for the op eration. of : a', boat. repair facility; Subject to a Site Plan & six 06) conditions; NO. 28735, Amending; the .Zoning Ord.,'; upon application by Proportional' .Pros -s perity, LLC, byt changing the Zoning Map In reference to 2.12 acres of Las Co .. lollies, Unit 4, Bloc 1, Lots 25, 26 an.= 27. from "B-4" Gener = al Business District to "B-4/SP" General°, Business District with a Special Permit to' allow the use of a warehouse with out- door storage, subject to a Site. Plan & five (5).;conditions and NO.028736, Amend- ing the Zoning Ordinance upon ap,: plication ti`y Ot1riQ Man.:dell applicant fof Horton: Automatics,: division of::Overhead Door, by changing the Zoning, Map in reference to:;approxi- mately 2,612. square feet. out of ;Corppu- Christi Industrial Dis trict Section 2, Bloc 9, Lot X-3, from "1-2; Light Industrial Di§: trict to "I-2/SP'' Lig Industrial District witt', a Special Permit t allow installation operation of one (1 2400: gallon; UL2085, abov`;;( ground fuel storag.: tank, subject to a Sit Plan & four (4) condi tions.These ord. wer- passed & approve• by the Corpus Christ ,City Council on Au, gust 24, 2010.: fs/ Armanclo Chapa,: City Secretary