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Home My WebLink About027856 ORD - 09/16/2008Page I of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KUHN EQUIPMENT COMPANY, BY CHANGING THE ZONING MAP IN REFERENCE TO A 727.99 -SQUARE FOOT TRACT OF LAND OUT OF LOT 4A, BLOCK 4, INTERSTATE INDUSTRIAL COMPLEX, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "I-2/SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR ONE (1) UL2085 ABOVE GROUND FUEL STORAGE TANK NOT TO EXCEED 10,000 GALLONS, 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 Kuhn Equipment Company, 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 727.99 -square foot tract of land out of Lot 4A, Block 4, Interstate Industrial Complex, located approximately 900 feet west of the IH 37/Corn Products Road intersection, from "1-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons, subject to a site plan, attached, and four (4) conditions. (Zoning Map 053045) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: 1. Uses: All uses allowed in the "1-2" Light Industrial District plus one (1) UL2085 above -ground fuel storage tank not to exceed 10,000 gallons. 2. Fire Department Approval: The above -ground fuel storage tank shall meet all Fire Department requirements. H:\LEG-DIR\Shared\Jay\Hgenda\2008\9-16\ORD-zoning0808-02KuhnEquipment-I-2special permit.doc 027856 Page 2 o 4 3. Zoning Board of Adjustments Approval: The above -ground fuel storage tank shall 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. Armando Chapa City Secretary F CORPUS CHRISTI enry Ga ett Mayor, C y of Corpus Christi H:\LEG-DIR\Shared\JayWgenda\2006\9-16\ORD-zoning0808-02KuhnEquipment-I-2special permit.doc Page 3'of 4 APPROVED: September 8, 2008 R. Jay Reining First Assistant City Attorney For City Attorney H:\LEG-DIR\SharedUay\Agenda\2008\9-16\ORD-zoning0808-02KuhnEquipment-I-2special permit.doc Page 4 of 4 Corpus Christi, Texas 1(t day of Lit L , 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, Ay. //t.. 1/11.1! H: ry Garr Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper // Larry Elizondo, Sr. ` 7e-Gt4- Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 027856 H:\LEG-DIR\Shared\JayAgenda\2008\9-16\ORD-zoning0808-02KuhnEquipment-I-2special permit.doc CASE # 0808-02 REQUESTED COUNCIL ACTION FcRIlBIT A. C'Z'if--d2- 5128546001 SEP-26-86'THU 18:41 URBAN ' "'INEERING 1 FAX NO. 512854608 P.,03/03 . 564'43'44"E 4292' , Giwn e. PA.ce .n AND4. L. mower seCICACCP N� w.la Ien Pr Y�iRURO s � HIE} r t 37 - r _ 320.42: 0i 0 IN 4' O..1•.N,• PIAN, VOL. 22.4. PO. ET00, PIANTOS b F 9 / / / / Nam: 1.) TOTAL mimeo AREA cotrARls s.716 ACRES OF LAND. 2.) ENT THE THE itis OR DEPICTED.ENT AS t SBJECT TO IS A SCE AS THE ZONING MAY CHANGE. 3.) BCA1NOS BASSO ON RECORDED PLAT pi INTERSTATE 1110OS1RTAL CONPIFX. A MAP or WHICH IS RECORDED IN VOLUME 41. PAGES 1OP-t 1 O. MAP RECORDS OF NUECES COUNTY. TEXAS. kr 4A. 91.. WIERSTATe MUST vol_ 41. Pel. IPA orob'-CZ 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