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HomeMy WebLinkAbout027525 ORD - 12/11/2007Page 1 of AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY TURNER INDUSTRIES, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO CONSOLIDATED EL PASO IRRIGATION N & MANUFACTURING COMPANY STATE SURVEY 500, ABSTRACT 582, FROM "R-113" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 (3.726 ACRES) AND "I-2/SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR THE DEVELOPMENT OF A PIPE FABRICATION FACILITY ON TRACT 2 (31.926 ACRES); 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 Turner Industries, LLC, 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, November 1 , 2007, during a meeting of the Planning Commission, and on Tuesday, December 11, 2007, 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 3.726 acres of land (Tract 1) out of Consolidated El Paso Irrigation & Manufacturing Company State Survey 500, Abstract 582, from "R - 1B" - 1B" One -family Dwelling District to "B-4" General Business District and 31.926 acres of land (Tract 2) out of Consolidated El Paso Irrigation & Manufacturing Company State Survey 500, Abstract 582, located at the intersection of IH 37 and Clare wood Road, from "R -1B" C " one -family Dwelling District to "1-2/SP" Light Industrial District with a Special Permit to allow the following uses: (Zoning Map 057047) (Exhibit) 1. Uses within the "1-3" Heavy industrial District in Section 21-2 under the heading Metal and Metal Products for the purpose of manufacturing or fabricating those items listed. 027525 H:1LEG-DIFF\ hared\ ary \ g ndal2007\1 -111 F D -tonin 1107-01Turner-sp.do Page 2 of 2. All items listed under Section 21-2 with the exception of those listed under Unclassified Industries and Unclassified Uses can be used or stored at the facility if necessary in the manufacturing or fabricating of said Metal and Metal Products uses. 3. Uses in Section 21-3 Objectionable Uses, with the exception of those listed under the heading Unclassified Industries and Uses. 4. All allowed uses under the Objectionable Uses Section 21-3, require a public hearing and approval by the Zoning Board of Adjustment. 5. All customary accessory uses which are associated with the operation of a pipe fabrication facility. 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. 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 . That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. 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 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 that this ordinance is passed upon first reading as an emergency measure on this 11th day of December, 2007. H:1LEG-DI \sh redl ary lagenda12007\12-1 HOE D- eningl 107-01 Turner-sp.do ATTEST: Armando Chapa City Secretary APPROVED: December 5, 2007 ;kJ _ _ G r . Smith Assistant City Attorney For City Attorney Page 3 of CITY OF CORPUS CHRISTI H •• n Garret Mayor, City f Corpus Christi H:1LEG-DI IS r d\ ary \agend l2 07\1 -11\OF D- oning1107-01 Turner-sp.do Page 4 of 4 Corpus Christi, Texas /(day of bi,ee0Z7A2007 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, enry Mayor, C ty of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez � S Nelda Martinez Michael McCutchon L 02'7525 H:1LE -DiF \ hared\ ary \a ende12 07112-111OF D- ening110-01Tumer-sp_do 1�1 RBAN ENGINEERING Job No. 40821.A7.00 October 22, 2007 3.726 Acre Tract -TV'�,(�" i State ofTexas County of Nucces Fieldnotes for a 3.726 acre tract of land (not based on an on -the -ground survey) out of The Consolidated El Paso Irrigation & Manufacturing Company State Survey 500, Abstract 582, Nueces County, Texas; said 3.726 acre tract of land being more fully described by metes and bounds as follows: Beginning at the intersection of the east boundary of Clarkwood Road, a public roadway, and the south boundary of Interstate Highway 37, a public roadway, for the northwest corner of this tract; Thence, South 58°55'35" East, along said south boundary of Interstate Highway 37, a distance of 277.81 feet for a corner of this tract; Thence, South 62'38'36" East, continuing along the south boundary of said Interstate Highway 37, a distance of 421.16feet for a corner of this tract; Thence, South 7°54'27" East, continuing along the south boundary of said Interstate Highway 37, a distance of 375.00 feet for the northeast corner of this tract; Thence, South 02'15'38" East, a distance of 164.65 feet for the southeast corner of this tract; Thence, North 67°54'27" West, parallel to the south boundary of said Interstate Highway 37, and 150.00 feet distant there from, measured at right angles thereto, a distance of 449.79 feet for a corner of this tract; Thence, North 62°38'36" West, continuing parallel to the south boundary of said Interstate Highway 37, and 150.00 feet distant there from, measured at right angles thereto, a distance of 432.92 feet for a corner of this tract; Thence, North 58°55'35" West, continuing parallel to the south boundary of said Interstate Highway 37, and 150.00 feet distant there from, measured at right angles thereto, a distance of 207.15 feet to a point on the east boundary of said Clarkwood Road, same being the west boundary of this tract, for a corner of this tract; Il rbanfsol\ atal ry ying\40821\A700\ N3.? acretraCt.do (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS AS 78404 wwwiurbaneng.com Page 1 of 2 FAX (361)854-6001 110') -0 I Thence, North 04'20'53" East, along the -east boundary of said Clarkwood Road, same being the west boundary of this tract, a distance of 167.94 feet to the Point of Beginning and containing 3.726 acres of land. Bearings are based on deed recorded in Volume e 221 , Page 509, Deed Records of Nueces County, Texas. Unless this fieldnotes otes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. IQZ.r. �;:#• \T,'*' c *,;s' *AN JOSE SALAZAR l''',..7%,_.."44.6661/„,_.” s ../.. -ryl. Issvt lorg.,... Urban Engineering License No, 4909 I\Urbanfs f lData\Surveyifl 14O 11A7OO F .7 6a r traCt.d0 Page 2 of 2 UR -': AN ENGINEERING 31.926 Acre Tract rte,t- Job No. 40821 40821.A7.00 October 22 2007 State of Texas County of Nueces Fieldnotes for a 31.926 acre tract of land (not based on an on -the -ground survey) out of The Consolidated El Paso Irrigation & Manufacturing Company State Survey 500, Abstract 582, Nueces County, Texas; said 31.926 acre tract of land being more fully described by metes and bounds as follows: Beginning at a point on the east boundary of Clarkwood Road, a public roadway, for the northwest corner of this tract, from which point, the intersection of said east boundary of Clarkwood Road and the south boundary of Interstate Highway 37, a public roadway, bears North 04'20'53" East, a distance of 167.94 feet; Thence, South 58'55'35" East, parallel to the south boundary of said Interstate Highway 37, and 150.00 feet distant there from, measured at right angles thereto, a distance of 207.15 feet for a corner of this tract; Thence, South 2°38'36" East, continuing parallel to the south boundary of said Interstate Highway 37, and 150.00 feet distant there from, measured at right angles thereto, a distance of 432.92 feet for a corner of this tract; Thence, South 6°54'27" East, continuing parallel to the south boundary of said Interstate Highway 37, and 150.00 feet distant there from, measured at right angles thereto, a distance of 449.79 feet for the northeast corner of this tract; Thence, South Or 15'38" East, a distance of 1382.75 feet for the southeast corner of this tract; Thence, North 4°41'06" West, a distance of 1177.77 feet to a point on the east boundary of said Clarkwood Road, for the southwest corner of this tract; Thence, North 00032'08" West, along the east boundary of said Clarkwood Road, same being the west boundary of this tract, a distance of 836.83 feet for a corner of this tract; Thence, North 04°20'53" East, continuing along the east boundary of said Clarkwood Road, sane being the west boundary of this tract, a distance of 517.79 feet to the Point of Beginning and containing 31,926 acres of land. Wrbanfs0 1\Dat !sury eying14O82I\A7 OIFN 1. a retra talo (361)854-3101 2725 SWANTNER DR • CORPUS PUS CHRISTI, TEXAS 78404 wwwi rboerl .com Page 1 01'2 FAX (3e1)854-6001 Bearings are based on deed recorded in Volume 2218, Page 509, Deed Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original fora, surveyor assumes no responsibility for its accuracy. Urban Engineering By: ,„„i fnJ.Sa /, zar, Q.P.L. License No. 4909 1 1rbanf's 11IJata\Sur a in 4O I1 7O 1. 1 L.9 a r tra Ld Page 2 of f =x"'.•-�..c.�:4 .{ .1 'y7{•w•: . .-... �•- ,+ .#.J Fly' •{ - e .-"- .— .� - • • • w U) IL) PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5827128 PO # Before me, the undersigned, a Notary Public, this day personally came CRIS HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESS TTI IVE AND EMPLOYEE OF THE PUBLISHER n4rry, the Corpus Christi Caller -Times, a daily newspaper } lished 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 Patrick', Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO CONSIDER which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 26Th of NOVEMBER, 2007. $230.61 f' LEGAL SALES REPRESENTS 1'I7me(s) On this day o , 200 l certify that the attached document Is a true and an exact copy made by publisher. Not Public, State of Texas • November 26, 2007 [NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(8) OF IECITYOF CORPUS CHRISTI Notice is herebyeven in accordance with the law that the City Coun- cil of the City of Corpus Christi will conduct a public hear- ing on Tuesday, December 11, 2007 during a regular Coun-; cil meeting which commences at 10:00 a.m. in the City Coun- cil Chambers, City Hall, 1201 Leopard, to consider- the following zoning applications of which said applica- tion(s) are on file in the Office of the City ec- retry and the Department of Plan- ning. At said time and place of hearing, all persons and parties interested may appear before the City Coun- cil. The zoning application(s) to be considered at the hearing are as follows: • 1. 1007-03, Gary D.1 Gray: From an "1-2" Light Industrial District to an "1-3" Heavy In- dustrial District - Located on High Starr Drive, approximately 475 feet north of Leopard Street. . 1107-01, Turner In- dustries, LLC: From .a "R -1B" One -family DwellingDistrict to a 'B-4" eneral Busi- ness District on Tract 1 (3.726 acres) and "1-3" Heavy Industrial District on Tract (31.926 acres) - Locat- ed at the intersection of 1H 37 and Clark - wood Road. Information may be obtained by calling or visiting the Depart- , merit of Development Services, Planning Rection at (361) 826-3560; 2406 Leopard Street. i /s/ Armando Chapa City Secretary City of Corpus Christi PUBLISHER'S AFFIDAVIT 07E0 27 F.i 9:15 State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5830329 PO # Before me, the undersigned, a Notary Public, this day personally came CRIS HURTADO, 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 Patrick', 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 on the 17TH of December, 2007. $230.61 1Time(s) LEGAL SALES REPRESENTIVE On this &day of XJ tk , 2 0VII certify that the attached document is a true and an exact copy made by publisher. v} f. GWENN J. MEDINA i s ? MY COMMISSION EXPIRES Atigat 2, 20013 Nbtary Public, State of Texas • December 17, 2007 NOTICE OF PASSAGE OF ORDINANCES NO. 027524, Amending the zoning ordinance, upon application by Gary D. Gray, by changing the zoning map in reference 10 Whelan Tract Unit 2, Block 1, Lot 4, from . . 1-2" Light Industrial District to "I-2/SP Light Industrial District with a special permit to allow for the installation and operation of three (3) cryogenic vessels, one (1)CO2 tank, apro- pane vessel, a propy- lene vessel, and the 2,400 square foot cylin- der filling facility and operatfonsbuilding, subject to a site plan and approval by the Fire Marshal and Zon- ing Board of Adjust- ment; and NO. 027525, Amending the zoning ordinance, upon appli- cation by Turner Indus- tries, LLC; by changing the zoning map in refer- ence to Consolidated El Paso Irrigation & Manu- facturing Company State Survey 500, Ab- stract 582, from "R-113° One -family Dwelling District to "B-4" General Business District on Tract 1 (3.726 acres) and °f-2 5P" Light in- dustrial District with a Special Permit to allow for the development of a pipe fabrication facil- ity on Tract 2 (31.926 acres); amending the Comprehensive Plan to account for any devia- tions from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. These or- dinances were passed and approved by the City Council 01 the City of Corpus Christi on December 11, 2007. !sl Armando Chapa City Secretary City of Corpus Christi