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HomeMy WebLinkAbout026770 ORD - 05/09/2006Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY UNITED RENTALS, BY CHANGING THE ZONING MAP IN REFERENCE TO 654.3 SQUARE FEET OUT OF HOLLY INDUSTRIAL SUBDIVISION, LOT 6, BOHEMIA COLONY LANDS, SECTION 3, BY GRANTING A SPECIAL PERMIT FOR AN ABOVE GROUND FUEL STORAGE TANK, SUBJECT TO A SITE PLAN AND THREE CONDITIONS; 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 City of Corpus Christi, 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, March 22, 2006, during a meeting of the Planning Commission, and on Tuesday, May 9, 2006, 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 granting a Special Permit for an above ground fuel storage tank on a 654.3 square foot area, subject to a site plan and three (3) conditions (currently zoned "1 -2" Light Industrial District), located east of Ayers Street between Holly Road and Gibb Street. (048038) (Exhibit) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following three (3) conditions: USES: One (1) 2,000 gallon above ground fuel storage tank for the storage of diesel fuel TANK REVIEW: The above ground fuel storage tank is subject to approval by the Fire Marshal and Zoning Board of Adjustment. TIME LIMIT: This Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined H \ LEG-DI R \GARYWS \GARYWSWGENDA\ 20061 05 -09\ 0306- 05ZONINGORDI NANCESPGWS060504 .DOC 'f; ;70 Page 2 of 3 in condition #1 and in compliance with all other conditions and City rules and regulations 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. 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 8. 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 9th day of May, 2006. ATTEST: Armando Chapa City Secretary APPROVED May 4, 2006 G ry rd/. Smith Assistant City Attorney For the City Attorney CITY OF CORPUS CHRISTI Henry Garr Mayor, City of Corpus Christi EFFECTIVE DATE 5(1 s/D S N LEG- DIR \SHAREDIGARYSIAGENDA1 2006105 - 09\0306- 05ZONINGORDINANCESP.DOC Page 3 of 3 Corpus Christi, Texas day of , 2006 TO THE MEMBER 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, Council Members Respectfully. my Garr Mayor, Cit of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 0-tt I: \LEG -DI R\SHARED\GARYS \AGENDA\ 2006105 - 0910306- 05ZONI NGORDI NANCESP.DOC ;I 7 0 `SITE r 0 in c c atw!a.nrwx, HOLLY ROAD 6' J LOCATION MAP N.T.S. Lot 22A Holly industrial Sui Vision Vol. 54, Pg. 66, Map Records of Moscow County. Taxes N61.3O'OO11f Lot 258.57' No 'Annum antotim s sound or Set \\ Point of Beginning ■ lam`. a' tON z No Monumentot)on Found or Set S61''30'00"E 29.08 Line Lot 6 Holly industrial Subdivision Vol. 22. Pg. 37, Map Records of Humes County. Texas Found or Set No Atonumentot)on No MOnurnerltatlon Found or Set 654.30 SQ. FT. r GRAPHIC SCALE 1 " =20' N61'30'00" W 29.08` in 0 00 art 1 cn No Monum in tattoo Found or Set Exhibit B Map to Accompany FIELDNOTES for the rezoning of a 654.30 square foot tract out of Lot 6, Holly Industrial Subdivision, a map of which is recorded in Volume 22, Page 37. Mop Records of Nueces County, Texas. URBAN"\DA CALE: M AR. 21. 2006 ENGINEERING " NO' X210°° 2715 t ar 'go` j A BY; ODL1 1JOd� VJd9V=E 9aZ -V7 -5 U ROAN ENGINEERING March 21, 2006 /Job No. 40521.00.00 g�q 0 is B< CPU`_. F' Hp ' TF;k AS 70466 -6?.55 Exhibit A 654.30 Square Foot Tract State of Texas County of Nueces FAX (351)854 -0001 Fieldnotes for the rezoning of a 654.30 square foot tract out of Lot 6, Holly Industrial Subdivision, a snap of which is recorded in Volume 22, Page 37, Map Records of Nueces County-, Texas: said tract being more fully described by metes and bounds as follows: Beginning at a point for the north corner of this tract, from which point the west corner of Lot 22A. Holly Industrial Subdivision, a map of which is recorded in Volume 54, Page 66, Map Records of Nueces County, Texas, same being the north corner of said Lot 6 hears North 28'28'57" East 34.50 feet thence. North 61 °30'00" West 258.57 feet; or Thence, South 61 " 30'00- East, a distance of 29.08 feet (no rnonumentation found set) for the east corner of this tract; Thence, South 28" 17'57 West. a distance of 22.50 feet for (no monumentation round or set) the south corner of this tract: Thence, North 61 3000 ° West, a distance of 29.08 feet (no monurnentation found or set) for the west corner of this tract: Thence, North 28`28'57" East, a distance of 22.50 feet to the Point of Beginning and containing 654 30 square feet of land. Bearings are based on the recorded plat of Holly Industrial Subdivision, a map of which is recorded in Volume 22, Page 37 Map Records of Nueces County, Texas. Unless this field notes description including preamble, seal and signature appears in its entirety in its original form, surveyor assumes no responsibility for its accuracy. Urban Engineering 2225 S,N,-1tvT'‘1Er,, '� • CORPUS C TEXAS -8aO4 S ASUrvv ving,v405211fn4o5210000.doc nFls',irhnne ci Cr License No. 4909 Page 1 of 1 Cie 03.0(e- VJOd WdSV=E 90� —VB —S Alt 8: tt ri State County Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5462796 PO # Before me, the wandersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Sales Representative of 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 ( ak, Nueces. Relugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a true copy., was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 24TH day(s) of APRIL, 2006. $241.;='5 Legal Sales Representative TWO (2 ) Time(s) Su scribed and sworn to me on the date of Ltiz)-Ido Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. CALLER -TIMES 14IE CORPUS Notice is herstiygiven in accordands with the law that the City Council the City of Corpus Mist will conduct a public Tuesday, dark* PAIV 6 a regular Council meeting which cornmeno at 10:00 a.m. in theelly Council Chambers, fly titli, 1201 L ard, to consider this Mewing nh said appkca i s) are on file in the Otitis of the Curl and the Depart; t1¢ of 1. Rentsis: i -r Light Industrial District to an "I -S" Hovey Indu idal District - the east Street Street aril R ad. 2. 030041, et Corpus Chr sti/ H a r b o r s Horne wners' Asselcts$on: •$-4• General Business Distrki with a 'PUD.2" Planned Unit a it zoning s) to be the De vsap • errt 2 - Locamd of U.S. Highway 1 1 and West east of Causewa on ltd and CanalA and south of Nuseesitate Information may be obtained ter cWinp or visiting eve l of evslopment Services,, PIanni Sec,on at (361) x. 2408 Loopord ts' A �► Clyof State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5478453 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Saks Representative of 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: which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 15TH day(s) of MAY, 2006. $183.55 ate44-vt..1 Legal Sales Representative TWO (2) Time(s) Subscribed and sworn to me on the date o Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public ission ex•ires on March 19, 2008. MICHELLE JOYCE CABRERA MY COMMISSION EXPIRES March 19, 2008 &/o CALLER- TIMES•May15,2006•Mondiy• 11F NOTICE OF PASSAGE OF ORDINANCES: NO. 026769, amending the Zoning Ordinance, upon application by the City of Corpus Christi and the Harbors Homeowners' Association, by changing the zoning map in reference to Porto Bello Subdivision (The Harbors), Block 1, Lots 2 -70 and 70A- , 149, from "B -4" General Business District with a "PUD -2" Planned Unit Development 2 to a revised 1B-4" General Business District with a "PUD -2" Planned Unit , Development 2; and NO. 026770, amending the Zoning Ordinance, upon application by United Rentals, by changing the zoning map in reference to 654.3 - square feet out of Holly Industrial Subdivision, Lot 6, Bohemian Colony Lands, Section 3, by granting a Special Permit for an above ground fuel storage tank, subject to a site plan and three conditions; amending the Comprehensive Plan to account for any deviations from the e x i s t i n g Comprehensive Plan These ordinances were passed and approved by the City Council of the City of Corpus Christi on May 9, 2006. /s/ Armando Chapa City Secretary City of Corpus Chri