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HomeMy WebLinkAbout022154 ORD - 02/14/1995AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY TOTAL RECYCLING SERVICES, INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR WHOLESALE STORAGE OF PETROLEUM PRODUCTS SUBJECT TO THREE (3) CONDITIONS ON 5.0 ACRES OUT OF LOT 3, H. B. SHEPPARD FARM LOTS; 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 Total Recycling Services, Inc., for amendment to the zoning map of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, November 30, 1994, during a meeting of the Planning Commission and on Tuesday, February 14, 1995, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that the hereinafter set forth 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 making the change hereinafter set out. SECTION 2. That a Special Council Permit be granted for wholesale storage of petroleum products on 5.0 acres out of Lot 3, H. B. Sheppard Farm Lots, located on the south side of Recycle Drive, approximately 500 feet east of Manning Road, subject to the following three (3) conditions, metes and bounds attached as Exhibit A: 1) USE: The only use authorized by this Special Permit other than the basic "I-2" Light Industrial District uses is wholesale storage of petroleum products limited to the recovery and recycling of used oil. The aboveground fuel storage tanks may be permitted subject to approval of a variance to the Fire Code. 2) WHOLESALE STORAGE OF PETROLEUM PRODUCTS: Wholesale storage of petroleum products must comply with the review and approval process set forth in the Zoning Ordinance as an "Objectionable Use". This approval must be received before a certificate of occupancy may be issued. 95N112830.305.aar / 994-1 01.25.95 022154 MICRCOL ifk 2 3) 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 conjunction with all other conditions. SECTION 3. That the official zoning map of the City of Corpus Christi, Texas, be and the same is hereby amended as herein ordained. SECTION 4. That the Zoning Ordinance and Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as herein changed, shall remain in full force and effect. SECTION 5. That, to the extent that the amendment to the Zoning Ordinance set forth herein above represents a deviation from the Comprehensive Plan, the Comprehensive Plan is hereby amended to conform to the Zoning Ordinance as amended herein. SECTION 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 7. 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, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the I i day of FthrtADJi , 1995. ATTEST: THE CITY OF CORPUS CHRISTI thkfrIWAIAQ &Cr- „ City Secretary MAYOR THE CIT CORPUS CHRISTI APPROVED THIS THE 25TH DAY OF JANUARY, 1995. JAMES R. BRAY JR., CITY ATTORNEY By: bert J. Hart, Assistant rney 95NH2830.305.aar / 994-1 0425-95 5.00 ACRE TRACT OF LAND OUT OF FARM LOT 3. H. B. SHEPPARD FARM LOTS EXHIBIT "A" BEING a 5.0 acre tract of land out of Farm Lot 3, H. B. Sheppard Farm Lots, as recorded in Volume A, Page 51, Map Records, Nueces County, Texas. This tract is more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod in the south right of way of Recycle Drive (formerly known as Trinity Drive), for the northwest corner of this tract, from which the east line of Manning Road bears, West, 507.00 feet; THENCE: EAST, with the south line of said Recycle Drive, a distance of 360.00 feet, to a 1" iron pipe for the northeast corner of this tract; THENCE: SOUTH, with the east line of this tract, a distance of 600.00 feet, to a 1" iron pipe for the southeast corner of this tract., from which the southeast corner of said Farm Lot 3 bears, West, 423.00 feet; THENCE: WEST, with the south line of this tract, at 383.67 feet pass a 3" iron pipe, in all a distance of 392.66 feet, to a point on a circular curve from which the radius point bears North 68° 01' 24" West, 449.47 feet, said point being the southeast corner of this tract; THENCE: in a northeasterly direction with said circular curve and the west line of this tract, an arc distance of 172.40 feet. to a 5/8" iron rod at the tangent point of said curve; THENCE: NORTH, with the eastt line of this tract, a distance of 431.79 feet, to the POINT OF BEGINNING and containing 5.00 acres of land more or less. This description was compiled on February 2, 1995 from available records and a survey made upon the ground in June of 1981 by James P. Naismith. HBSHPPRD.MBD n Ea,f 1 .V.-,.-'3 IIT TV:CT}:..1: TAT -s yO•.Te 3 Corpus Christi, Texas day of IAaiti , 1995. 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: Uwe, 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 THE CITY CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Ja Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss 95NH2830.305.aar 19941 01-25-95 4 11- 130 P30 o t nu� r /O ity U 022154 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 80754 PO # Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that he is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live O , Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication oOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATIONS OF THE CITY OF CORPUS CHRISTI which is the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 30TH day(s) of JANUARY. 1995. ONE (11 Time(s) $ 102.00 EDNA KOSTER Notary Public State of Texas My Comm. Exp. 11-30-96 dem-(4.1.) Business Office Administrative Assistant Subscribed and sworn to before me this 7th day February. 1995. N eces Notary Public ty, Texas EDNA KOSTER Print or Type Name of Notary Public My commission expires on 11/30/96. Monday, January 30, 1995 Corpus Christi Caller-Times/D9 NOTICE OF PUBUC HEARING TO CONSIDER ZONING APPLICATIONS OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday, February 14, 1995. during a Regular Council Meeting which commences at 2:00 p.m. in the City Council Cham- bers. City Hall, 1201 Leopard, to consider the following zon- ing applicationls) of which said applications are on file in the Office of the City Secre- tary and the Department of Planning. At said time and place of hearing, all persons and parties interested may appear before the City Coun- cil. The following zoning appli- cations to be considered at the hearing are as follows: 1. 994-1 Total Recycling Ser- vices. Inc.: 9-2' Llght Industrial District to 1.3 - Heavy Industrial District Located on the south side of Recycling Drive, approximate- ly 500 feet east of Manning Road. 2. 195-1 Dolphin Develop. ment Corporation: 1B-2' Bayfront Business District to -AT' Apartment -Tourist Dis- trict Located on the west side of Leeward Drive, approximately, 450 feet north of Windward Drive. 3. 195-3 Lincoln Property Cqmpany: 'B-1' Neighbor- hood Business District to 'SW General Business Dis- trict Located on the north side of F.M. 624 at Riverside Boule- vard. Information may be ob- tained by calling the Planning Department at 880-3560, or visiting the Planning Depart- ment at 1201 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christi