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HomeMy WebLinkAbout026458 ORD - 09/13/2005 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY D.V. NAVIGATION, BY CHANGING THE ZONING MAP IN REFERENCE TO .063 ACRE OUT OF A PORTION OF LOTS C AND D, BLOCK 5, ELLENDALE GARDENS, NUMBER 3, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT ON A 10 BY 30 PAD SITE FOR A 6,000 GALLON ABOVE GROUND FUEL TANK SUBJECT TO A SITE PLAN AND APPROVAL FROM THE ZONING BOARD OF ADJUSTMENT AND THE FIRE MARSHALL; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 DV Navigation 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 13, 2005 and August 10, 2005, during a meeting of the Planning Commission, and on Tuesday, September 13, 2005 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 "063 acre out of a portion of Lots C and D, Block 5, Ellendale Gardens Number 3, from "1-2" Light Industrial District to "1-2" Light Industrial District with a Special Permit on a 10 by 30 pad site for a 6,000 gallon above ground fuel tank subject to a site plan and approval from the Zoning Board of Adjustment and the Fire Marshal, as shown on the attached Exhibit. (Map 05044) 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. H \LEGDIRIJosephlZonlng-05\0705-02Speclal doc ., " (' A r:: S - ,;'!l 't ,) Page 2 of 3 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. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed" SECTION 6. 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 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) 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 13th day of September, 2005" ATTEST.: .J / /. /~-' --' r Armando Chapa City Secretary APPROVED k ,rl><v<"", I 2005 'vL t.+---. Joseph ~rney J Assistant City Attorney For City Attorney EFFECTIVE DATE Qo5 , , '- H. \LE G-DI RIJosephlZo ning.05\0705-02Specia I. doc Page 3 of 3 Corpus Christi, Texas . (0'. Lh_ day of dtfJt0rJlMl, 2005 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, Council Members The above ordinance was passed by the following vote: Henry Garrett ~ CL<..}< , , ,_0 ~ Brent Chesney Jerry Garcia John E. Marez i V"li , 'j " v(..< J{ I William Kelly Jesse Noyola , 1(" <>V t,. , " Rex Kinnison u--'C\/ , c.(' ( i I I Melody Cooper Mark Scott _LlL \ H ILE G-DI RIJosephlZoning-05\0 705.02Speclal. doc (I)('Ar::8 ~I ;_ 11 't ,) ::.ylVla /\,nspe "FX1 FF1.pdf Page 1 MU~ AU ~UU~ ~:~~Mn ~bl tstlc:: l~tj~ p... .I:H1:ti:;t . Wl::L~H r:.n~ ",",Wl'tIUl.Y 8....., J.... p.~_, ~.P.L... NrJtotl M. W.1...... '-'E.., ~-P':~~ .ot:""S.Ai...A"II:~ P'H. "0" 882-5S21 ft'.u.:SS1eUal2,eS II&MAIL! ..rarira~ ~.MAIL; DP.m~.toI.ctIm BASS Be WEL.SH ENGINEERI"IG P'::O.1Io2.59.' COIlt.III",a CMIUS'U, TII:~' "'.48..Q.7 STORAGE TANK TRACT Stale llfTOU$ ~ August 10, 2005 0309JM8l:B"3 County of Nuee.. ~ De<criplion of. 300 SF tract of lond, more or \COO, a porl:ioo of Lot "D", B1ocl: S. &leodalc GudellJ No. J, a map of ",hieb is recorded ;0 Volume 27, P"lle 79, M.p Recordt, Nue"". Counly, Tc;tlI6, JaW 300 SF bact of land as funber clesaibod .. meM. and l>owld. .. foUow<; BEGINNING at . point IQ said Lot "D" whiclt bemS24'37'1O"W 147"1>'.. measured along the norrhwc.st <libt. of-way btle of Flood Street and N6S'U' 57"W 29.00' fro", Ihe eutermnoltDOtlle' of said 1.o'"D", said beginniDg point ror the easl<<nmo&t COll>e' oflb<: troet honlin described; Thence 524 "3TlO"W 10,00' to . poilll for the southerMlOOt corner of the tract bereln described; 'n.en"" N65"2Z'SO"W 30.00' to . Polnt llIe westcrllltlO$t cornc.r of the tr8cl herein described; Then"" N24'37'10"e 10,()()' 10. point the tlorthernmos, cornet oftllc tr&CI huein described; 'Ibcnce S65"22'~"E 30.00' to the POINT OF BEGINNING, a wtch sbowing .aid 300 SF tract bei"i attadled Oerel<J" Exhibil "B". N~~~i~~ NMW:g/lf Emibi'-A- Sheet 1 0/1 3 [j HOCJ.::I H\16c'8 S0c-L0-6 SylvIa Anspe SF)(1 FF 1 .pdt ~- (' L[! Ch l- .0." 1\ - '2 ( ..~ I .' J." ,/1/""':, ( '.' , " . Page 2 M~b 1~1 ~uu~ u;~,n\' on::l:J tIo WI:.L::lH l;.l''''' ..jbl ooe .leO;:) p.... .--- ..- 1 . , / / BLOCK 5, \ ELLENDALE GARDENS ND 3 LOT . C' \ LOT 10.00' 10,00' X 30" 00' TRACT FOR STORAGE TANK, 300 SF N6S' 22' 50' \I 3D" 00' $24'37'lo-lJ \.7.13' (ASTERHHDsT CDRN(R Dr LOT'~ S2~' 37' 10' \I /CL FLOOD ST. -------------- EXHIBIT' B' SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION I' c 30' BASS N<ll WElSH ENGlN!IIlING CCAPUS QVlIS1l. TX caMP. NO. DCQ-ZOHINC-' Joe NO. 0309.3 SCALE: 1. - 30' PLOT SCALE: SAME PLOT OATE, 8/Q/05 SHEET , or , PUBLISHER'S AFFIDAVIT FINANCE DEF'MITMU41 ~lat<. "fTexas ( (iuntv {If Nueces 05 SEPl I 2 I AM 10: 3 'CITY OF CORPUS CHRISTI ss Ad #'129] 567 PO # fkfore me, the undersigned, a Notary Public, this day personally came Diana kImoiosa, who being first duly sworn, according to law, says that she is ~ENJOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper publ1shed at Corpus Christi in said City and State, generally circulated in /\ransas, Bee, Brooks, Duval, .Jim Hogg, .Jim Wells, Karnes, Kenedy, Kleberg, L 1\'(' Oak, Nueces, Refugio, San Patricio, Vlctoria and Webb Counties, and that I he publ1cation of. N()TIC~QE.l'UBLIC HEARING TO which the annexed is a l"lH COP\, was inserted in the' Corpus Chnsti Caller-Times and on the World W,d( Weh on tht, (."ollt>r-Times lntpractive on the 29TH day(s) of AUGUST, 2005" $ i(elU,2~ J~'rlfLD- cUUuo-;p.s~ SENIOR COLLECTOR TW,<J (2 ) Timels) Subscribed and sworn to me on the date of AUGUST 30, 2005" _ ..7) 041 tm.1U-L ~-J{~ ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public Mv commission expires on 04/23/09, 12F. NOTICE OF PlJIIUC HEARING TO CONSIDER ZONING APPLlCATlON(S) 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, September 13, 2005 during a regular Council meeting which commences at 10:00 a.m" in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning appllcatlon(a) of which said appllcation(a) are on file in the Ofilce of the City Secretary and the Department of Planning, At Hid time and place of hearing, all per.ona and partie. interested may appear before the City Counctl. The zoning appllcatlon(s) to be considered at the hearing are as follows: 1, 0705-02, D.V. Navlllallon ProperIIea, LId.: "1-2" Light Industrial Olatrtct to a "1-3" Heavy Indu.trlal Olatrlct . Located alonll Flood Street and 480 IMl louth of L.opard St"'!. Information may be obtained by calling or vlllllng the OIPal1ment of Oav.lopm.nt S.rvIOII, Planning Seotlon at (381) ue; 3610, 2408 Leopard SlrtII, 11/ AnnIndo Ch~ Ol1y81Q!N1y tltV 01 OOrpUI Ohrilti ~: ~ ~ j, r"' (;L::~::-; 1 ;).Ui ~ PUBLISHER'S AFFIDAVIT Sr-p "It' ~!ale of Texas OS c. ~L.~ ( ountYJf Nueces ~'" \0: 39 CITY OF CORPUS CHRISTI ss Ad # 5306391 PO # 1-3efore me, the undersigned. a Notary Public, this day personally came Diana I-::lmoi()s~j, who being first duly sworn, according to law, says that she is ~ENJOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in /\ransas Bee, Brooks. Duval, .Jim Hogg, ,Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio. San Patricio, Victoria and Webb Counties, and that t he publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the iumexed is a true COPy, was inserted in the Corpus Christi Caller-Times and on 1 he World Wide Web on the Caller-Times Interactive on the 19TH day(s) of SEPTEMBER, 2005. $1 'tcLt)~ L\LOJ\.R ?tj tM.o;yO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of SEPTEMBER 20,2005" 0~/:" Notary Public. Nuece C Michelle Cabrera Print or Type Name of Notary Public Mv commission expires on March 19, 2008. ".,tV';"" /~*;f.\">~.~ ~fr: :fr~ ~~{;.......~~~f ...f,.ijr.,~.'" MICHELi.E JOYCE CABRERA MY (JMMISSION EXPIRES Maroh 19, 2008 CALLER- NOTICE OF PASSAGE OF ORDINANCE NO 026458 Amending the Zonjrl~. Ordinance, upc'" application by D. Navigation Propertie3 Ltd., by changing tho zonIng map reference to ,063 aCE out of a portion of LOir C and D, Block " Ellendale Garden, Number 3, from "I~:":' Light Industrial Oistri;:' to "1.2" Light Industria, District with a Sped! Permit on a 10 by:::" pad site for a 6,OC" gallon above grourc fuel tank subject to site plan and approvdi from the Zoning Board of Adjustment and the Fire Marshal amending the Comprehensive Pl1v to account for arj deviations from the existinq Comprehensive Plar This ordinance WE.-~ passed and approvei' by the City Council ..,1 the City of Corpus Christi on September 13, 2005. Is! Armando Chapa City Secretal Y City of Corpus Chris!'