HomeMy WebLinkAbout028069 ORD - 02/17/2009Page 1 of 4
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY ARNOLD BROTHERS PROPERTIES, L.P., BY CHANGING THE
ZONING MAP IN REFERENCE TO 12,350 SQUARE FEET OUT OF LOT
6, HOLLY INDUSTRIAL SUBDIVISION, FROM "1-2" LIGHT
INDUSTRIAL DISTRICT TO "I-2/SP" LIGHT INDUSTRIAL DISTRICT
WITH A SPECIAL PERMIT TO ALLOW UP TO SEVENTY (70) AP1650
ABOVE GROUND FUEL TANKS, 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 Arnold Brothers Properties, L.P., 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,
January 7, 2009, during a meeting of the Planning Commission, and on Tuesday,
February 17, 2009, 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 12,350 square feet out of Lot 6, Holly Industrial
Subdivision, recorded in Volume 22 at Page 37 of the Map Records of Nueces County,
Texas, and generally located on the east side of Ayers Street between Holly Road and
SPID, from "1-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special
Permit to allow up to seventy (70) AP1650 above -ground fuel tanks with a capacity of
4,000 to 8,000 gallons each for the storage of oil, subject to a site plan, attached, and
four (4) conditions. (Zoning Map 048038) (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 by the base zoning district plus up to seventy (70)
AP1650 above ground fuel tanks not to exceed 8,000 gallons each.
028069
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2. Fire Department Approval: The above ground fuel tank shall meet all Fire
Department requirements.
3. Zoning Board of Adjustments Approval: The above ground fuel tank will not
be allowed without Zoning Board of Adjustment approval.
4. Time Limit: Such Special Permit shall be deemed to have expired within one
year 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 17th day of February, 2009.
ATTEST: CITY OF ORPUS CHRISTI
Armando Chapa
City Secretary
Henry Gar
Mayor, Ci
of Corpus Christi
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APPROVED: February 9, 2009
eborah Walther
Assistant City Attorney
For City Attorney
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Corpu Christi, Texas
I day of
2009
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,
A//iALA,/ (
Henry Garr
Mayor, Cit 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
Nelda Martinez
Michael McCutchon
028069
EFFECTIVE DATE
ruattY23, av
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I-2/SF4O6--O6
5
HOLLY IND RIAL
4-B
SERVICE CENTER TR•EXEM'T
1211W1008
Prepared By: SFR
Department of Development Services
CASE # 0109-01
Planning Commission and Staff
Recommendation
From: "1-2"
To: "SP" with four conditions
Ordinance No.:
MURRAY BASS, JR., P.E.,R.P.L.S.
NIXON M. WELSH, P.E., RP.L.S.
3054 S. ALAMEDA, ZIP 18404
PH. 361 882-5521- FAX 361 882-1265
BASS & WELSH ENGINEERING
P.O. Box 6397
Corpus Christi, TX 78466-6397
Field Note Description
Tank Farm Area
December 3, 2008
Being a tract situated in Corpus Christi, Nueces County, Texas, a portion of Lot 6 Holly Industrial Subdivision,
as shown on the map thereof recorded in Volume 22 at Page 37 of the Map Records of Nueces County,
Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a point near the southeast corner of Lot 6 for the southeast corner of this tract, whence the
southeast corner of Lot 6 bears S 29°00"00' W 15.0 feet and S 61°301'30" E 55.22 feet,
THENCE N 61 °30"30' W 15 feet north of and parallel to the south line of Lot 6 a distance of 130.0 feet to a
point for the southwest corner of this tract,
THENCE N 29°00"00' E a distance of 95.0 feet to a point for the northwest corner of this tract,
THENCE S 61°30"30' E a distance of 130.0 feet to a point for the northeast corner of this tract, said point
being 55.22 feet measured at a right angle from the east line of Lot 6,
THENCE S 29°00"00' W, 55.22 feet west of and parallel to the east line of Lot 6, a distance of 95.0 feet to the
POINT OF BEGINNING forming a tract embracing 12,350 square feet (0.284 acres).
Murray Bass, Jr., R.P.L.S.
Note: Description has been prepared from the Map of Record referenced in the description.
08039 -Field Note Description Tank Farm Area
Page 1 of 1
IAT 15
Haj.YII IN USTNIN.
SI, VISION
TANK FARM DATA
• MAWR M TANK& 70
CM e4YINA8(& �O $000 OAS.
CONTAINMENTI l l ID WNCREIE
RETANiNO•wML Of MFRONATE
MOW.
� 0W
303.4 tiOm•
1121111M2111.11:41
(3
862-1
! «°")
LOT 5
GRAPHIC SCALE
w
( YP PIP )
1 100 O.
PROPOSED REZONING OF 12,350 SQ. FT.
TANK FARM AREA,
LOT 6, HOLLY INDUSTRIAL SUBDIVISION
RN. No. 1 1//O7,W AM Mak tom, Ne
.66 Noel=
".
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
Cl goy
CITY OF CORPUS CHRISTI
Ad # 5891053
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 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 Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PUBLIC HEARING TO CON SIDER ZO which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
2/2/2009,2/2/2009.
$ 294.63
ALE •E•RESENTIVE
2Time(s)
On this `i " ` day of Th.ib
I certify that the attached document
is a true and an exact copy mads( publisher.
GWENN J. MEDINA N
MY COMMISSION EXPIRES
August 2, 2012
ary Public, State of Texas
February 2, 2009 • Monday •
NOTICE OF PUBLIC
HEARING TO CON-
SIDER ZONING
APPLICATION(S)OF
THE CITY OF CR -
PUS CHRISTI
Notice is hereby given
in accordance with the
law that the City Coun-
cil of the City of Cor-
pus Christi will conduct
Tuesday,a February 17
2009 during a regular
Council meeting which
commences at 10:00
a.m. in the City Coun-
cil Chambers, City
Hall, 1201 Leopard, to
consider the following
zoning application(s)'
of which said applica-
tion(s) are on file In the
Office of the City Sec-
retary and the Depart-
ment of Planning. At
said time and place of
hearing, all -persons.
and parties Interested
may appear before the
City Council. The zon-
ing applicaaon(s) to be
considered at the
hearing are as follows:
1: 0109-01, Arnold
Brothers Property:
From an 1.2" Light In-
dustrial Districttoan
"1-3" Heavy Industrial
District - Located on.
the east side of Ayers
Street between Holly
Road and South Pa-
dre Island Drive.
2. 0109-02,CIos-
ner/Brownstone Ven-
tures Corpus, LLC:
From an "1-2" Light In-
dustrial District to an
"1-3" Heavy Industrial
District Located on
the west side of North
Padre Island Drive be-
tween Old Brownsville
Road and Corporate
Drive.
3. 1008-01, Mark Rht-
gers: From a"B-4"
General Business Dis-
trict to an 1-2" Light In-
dustrial District -. Lo-
cated on the south
side of South Padre Is-
land Drive between
Cosner Street and
Carroll Lane.
4. 0708-05, Anchor
Harbor Mobile Home
Community, L.L.C.:
From a, "B-4" "General
Business District to a
"T=1 A" Travel Trailer
Park District - Located
on. the north side of
South Padre Island
Drive and approxi-
mately 500 feet west
of Paul Jones Avenue.
Information may be
obtained by calling or
visiting the Depart-
ment of Development
Services, Planning
Section at
(361) 826-3560, 2406
Leopard Street.
/sr Armando Chapa
City Secretary
City of Corpus Chdstl
0If:
i
State of Texas
County of Nueces
1
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5893730
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 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 Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF' ORDINANCES NO. 0280 which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
2/23/2009,2/23/2009.
$ 379.02
PRESENTIVE
1Time(s)
On this do `day of 2 1 1 I certify that the attached document
is a true and an exact copy mad publisher.
GWENN J. MEDINA
MY COMMISSION EXPIRES
August 2, 2012
tary Public, State of Texas
• Monday • February 23, 2009 ,
Legal Notices 1110
NOTICE OF
• PASSAGE OF
;ORDINANCES
NO. 028068, Amend-
/ ing the Zoning
Ordinance, upon appli-
cation by Anchor
Harbor Mobile Home
Community, LLC, by
changing the Zoning
Map in reference to
3.167 acres out of An-
chor Harbor Tract No.
1, from "B-4" General
Business District to
"T -1A" Travel Trailer
Park District with a
"PUD -2" Planned Unit
Development -2 Over-
lay on Tract 1,
resulting in a change
of land use from com-
mercial to traveltrailer
park, and from "B-4"
General Business Dis-
trict to "T-1 B"
Manufactured Home
Park Districtwith a
"PUD -2" Planned Unit
Development -2 Over-
lay on Tract 2 resulting
in a change of land
use from commercial
to manufactured home
park; subject to a Site
Plan and five (5) con-
ditions; NO. 028069,
Amending the Zoning
Ordinance, upon appli-
cation by Arnold
Brothers Properties,
L.P., by changing the
. Zoning Map in refer-
ence to 12,350 square
feet out of Lot 6, Holly
Industrial Subdivision,
from "1-2" Light Indus-
trial District to 1-2/SP"
Light Industrial District
with a Special Permit
to allow up to seventy
• (70) AP1650 above
ground fuel tanks,
subject to a Site Plan
and four (4) condi-
tions;.
NO. 028070,
Amending the Zoning
Ordinance, upon appli-
c a t i o n b y
Cl osner/Brownstone
Ventures Corpus,
LLC, by changing the,
Zoning Map in refer-
ence to 800 square
feet out of a 4.011
acre tract out of Lots 3
and 6, Section 5,
Range VIII, Guggen-
heim -Cohn Farm Lots,
from 1-2" Light Indus-
trial District to "l-2/SP"
Light Industrial District
with a Special Permit
to allow two UL2085
above ground fuel
tanks or one combined
tank with a capacity to
store 2,000 gallons of
'dieselfuel and 500
gallons of gasoline,
subject toa site plan
and four (4), condi-
tions; and NO.
028071, Amending the
.Zoning Ordinance,
upon application by
Mark Rutgers, by
changing the Zoning
Map in reference to
Lexington Plaza An-
nex A, Block 2, Lot 9-
i3, from "B-4" General
Business District to
"B-4/SP" General
Business District with
a Special Permit to al-
low applicant to
augment the existing
Auto Repair Service to
include work on com-
mercial -trucks, subject
to a Site Plan and fif-
teen (15) conditions;
amending :the Com-
prehensive 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 of the City
of Corpus Christi on
February 17,2009.
/s/ Armando Chapa
City Secretary
City of Corpus Christi