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Home My WebLink About027855 ORD - 09/16/2008Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DANIEL L. HENDERSON, MEMBER AND REGISTERED AGENT, 7404 LEOPARD STREET PROPERTY, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO A 900 -SQUARE FOOT TRACT OF LAND, BEING OUT OF THE 4.769 ACRE TRACT OUT OF H.L. KINNEY SECTIONALIZED LANDS, VILLARREAL GRANT, SECTION 8, RANGE "V", FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "I-2/SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW ONE (1) 1,000 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 Daniel L. Henderson, Member and Registered Agent, 7404 Leopard Street Property, 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, August 6, 2008, during a meeting of the Planning Commission, and on Tuesday, September 16, 2008, 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 a 900 -square foot tract of land, being out of the 4.769 acre tract out of H.L. Kinney Sectionalized Lands, Villarreal Grant, Section 8, Range "V", located at 7331 Leopard Street, generally located on the interior of the property at the northwest corner of Leopard Street and Southern Minerals Road, from "I- 2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to allow one (1) 1,000 gallon UL2085 above -ground fuel storage tank, subject to a site plan, attached, and four (4) conditions. (Zoning Map 055046) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: 727855 H:\LEG-DIR\Shared\Jay\Agenda\2008\9-16\ORD-zoning0708-01 Henderson -I -2 -special permit.doc Page 2 of 4 1. Uses: All uses allowed in the "1-2" Light Industrial District plus one (1) 1,000 gallon UL2085 above -ground fuel storage tank. 2. Fire Department Approval: The above -ground fuel storage tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above -ground fuel storage tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 18 months 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 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 16th day of September, 2008. H:\LEG-DIR\SharedUaytAgenda\2008\9-16\ORD-zoning0708-01 Henderson -I -2 -special permit.doc ATTEST: CITY 0 CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 8, 2008 in/ R. Jay Reinin 1) First Assistant City Attorney For City Attorney Page 3 of.4 enry Gar-tt Mayor, City of Corpus Christi H \LEG-DIR\SharedUapAgenda\2008\9-16\ORD-zoning0708-01 Henderson -I -2 -special permit.doc Page 4 of 4 Corpus Christi, Texas ay of 2008 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, enry Garr Mayor, Ci 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 a Nelda Martinez al-A-att Michael McCutchon 027855 of Corpus Christi H:\LEG-DIR\SharedUay tgenda\2008\9-16\ORD-zoning0708-01 Henderson -I -2 -special permit.doc 4D MID-DULF INDUST T'ACTS SF ID -GULF INDUST TRACTS ASSESSORS MAP 101 SUBJECT PROPERTY From: "I-2" TO: "I-2/SP" ALLEN & CAA.ER • N IND ASSESSORS MAP 141 CASE # 0708-01 REQUESTED COUNCIL. ACTION EXHIBIT A From: "I-2" TO: "I-2/SP" ORDINANCE: STATE OF TEXAS COUNTY OF NUECES Field Notes of a 900 square foot tract of land, being out of the 4.769 acre tract of land as described in deed recorded in Document No; 1998047073, Official Records of Nueces County, Texas, said 900 square foot tract is out of Spction 88 Ranke "V"2 ILL. Kinney Sectionalized Lands, Villarreal Grant, Nueces County, texas; and siii l'9067giiare foot tract being more particularly described as follows: BEGINNING at a 5/8" iron rod set for the northwest corner of this tract, from WHENCE a 5/8" iron rod found for the northwest corner of the said 4.769 acre tract bears North 36°37'57" West a distance of 407.82 feet; THENCE South 78°04'42" East, a distance of 30.00 feet along the north line of this tract to a 5/8" iron rod set for the northeast comer of this tract, from WHENCE a 5/8" iron rod found for the northeast corner of the said 4.769 acre tract bears North 60°23'04" East a distance of 286.80 feet; THENCE South 12°26'22" West, a distance of 30.00 feet along the east line of this tract to a 5/8" iron rod set for the southeast comer of this tract, from WHENCE a 5/8" iron rod found for the southeast corner of the said 4.769 acre tract bears South 48°59'36" East a distance of 384.95 feet; THENCE North 78°04'42" West, a distance of 30.00 feet along the south line of this tract to a 5/8" iron rod set for the southwest corner of this tract, from WHENCE a 5/8" iron rod found for the southwest corner of the said 4.769 acre tract bears South 86°20'07" West a distance of 228.61 feet; THENCE North 12°26'22" East, a distance of 30.00 feet along the west line of this tract to the BEGINNING POINT of this tract, and containing 900 square foot of land, more or less. Note: Bearings are based on south line of said Allen & Cameron Industrial Park, Unit -5, as shown on map recorded in Volume 51, Pages 75-76, Map Records of Nueces County, Texas; I, Ronald E. Brister, do hereby certify that this survey was this day made, on the ground of the property legally described herein and is correct to the best of my knowledge and belief. I 071 Ronald E. Brister, RPLS No. 5407 Date: June 06, 2008 Job No. R8067 0708- o/ PROPOSED REZONING AREA NUECRS COUNTY, TEXAS (SEE ATTACHED LEGAL DESCRIPTION) SCALE I"=100' tMt3€ 0‘6‘41°F1(.9 LOTSD FOUNDS/' IRON ROIL LOT 5E MID -GULF INDUSTRIAL TRACTS VOLUME 44. PAGE 47 LOT 5C - \ \I.OT5-A LOT 5-13 � T1'A A60,56k FOUNDu IRON ROD 6A ALLEN & CAMERON INDUSTRIAL PARK UNIT -5 VOLUME 51, PAGES 75-76 IAT 4-D LOT 4-C MID -GULF INDUSTRIAL TRACTS VOLUME 44, PAGE 52 FOUND SN' IRON ROO DIBSRL STORAGE TANK FOUNDS/B' IRON ROO LOT 4-B LOT4-A }OUNDSM IRON ROD LOT 2-R MID -GULF INDUSTRIAL TRACTS VOLUME 44, PAGES 54.55 LI: 578104'42"E 30.00' (MEAS) 12: SI226'22'W 30.00' (MEAS) 13: N78554'42"W 30.00' (MEAS) L4: N1r2622'E 30.00' (MEAS) Brister Surveying 46303Rnsnn MVO CogIUP Christi, Texas 78411 361.5484410 SURVEY DATN: JUNE 06, X TIM INAM ENSIOM SHD W N ON TI I o OMWl1K1 ARD Fox Tl OI UWDopTIIlLBAND A10xloAOB COMPANIES IN(DtNECNON WITHINISTMNSACNON AND NIAU.NOTERRPLDDUPON POR ANYOIHHR PURPOSB MBASURPMBNTS SHOWN ARE PROM TIB PROPERTY LIHIITO THE FOUNDATION AND P ROM CORNERTOCORNIIR OP TIERMNOATION. FOUND IN IRON RODS ATALLCORNBNSIIRCPF'N NOTED. IRON/MDR ORGTORVOIIR ROVCORTIFV THATTTIS SURVEY WABTNIS DAY NADU, ON THE GROUND MITRE PROPDRTYLDOALLY DIOCRIBED HERRIN ANON cowmen ANDD IAT T I IIRE ARB NO DISCHDPANIT@, UDIFLCIC, SHORTAGES IN ARBA BOUNDARY IR®CORMJCR VLIIUUi ENOROACIIMRNMOVIIRLAPNNOOPIMPROVGI WIS, E ABDMRMSORAPPARENT MORMON WAK W'WTAB SIIOWN IIERIRNAANO SAID SROPRRTY IIASACIESSTO AND NROM A OEOICATDD ROAM/Xi: IGPI'ACSINnm HEREON 427c &da& JOB NO. R8067 RONALD IS BRISTER R,P.LS. NO.5407 b708^ 0 PUBLISHER'S AFFIDAVIT a 111-1.3 State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5875286 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE 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. 0278'vhich the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/22/2008,9/22/2008. $ 233.52 1Time(s) On this c.� ay of is a true and an exact copy matIe by publisher. I certify that the attached document 7 Notary Public, State of Texas • September 22,2008 NOTICE OF PASSAGE OF ORDINANCES Amend - oiling Ordi- nance, upon applica- tion by- Daniel L. Hen- derson, member and registered agent, 7404 Leopard. Street Prop- . erty, LLC, by changing he zoning map in ref- rence to >.a 00 -square foot tract f land, being out of the 4.769 acre tract out of H.L. Kinney sec- tionalized lands, Villar- real Grant, Section 8,. Range"N", from "1-2" Light Industrial. District to "I-2/SP" Light Indus- trial -District with a Special Permit to allow .one (1) 1,000 gallon U1.20885aboveground fuelstorage tank, sub- ject to a site plan and lour and NO. 02785 Arne in a omng Ordinance, upon appli- cation pplecation by Kuhn Equip- ment Company, by changing the Zoning Map in reference to'a 727.99 -square foot tract of land Out of In- terstate. Industrial Complex, Lot 4A, Block 4, from "1-2" Light Industrial Distdot to "I-2/SP" Light Indus- trial District with a Special Permit to allow 1 for one (1) UL2085 t above ground iueI storage tank not to ex- ceed 10,000 gallons, subject to a site plan and four (4) condi- tions, amending the Comprehensive Plan to account forany de- viations from the exist- ing Comprehensive Plan; providing a re- pealer clause; provid- ing a penalty; provid- Ing for publication. These ordinances were-passedand ap- provedby the City Council of the City of Corpus. Christi on Sep- tember 16, 2008. -- is/ Armando Chapa City Secretary City of Corpus Christi