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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 H:\LEG-DIR\Shared\LEGAL-DE V.SVCS\2009 Agenda\2-17\ORD-zoning0109-01-ArnoldBros-Ayersl-2-speclar perlm.doc Page 2 of 4 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 H:\LEG-DIR\Shared\LEGAL-DE V.S VCS\2009 Agenda\2-17\ORD-zoning0109-01-ArnoldBros-Ayersl-2-special perrnit.doc Page 3 of 4 APPROVED: February 9, 2009 eborah Walther Assistant City Attorney For City Attorney H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\2-17\ORD-zoning0109-01-ArnoldBros-Ayersl-2-special permit.doc Page 4of4 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 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\2-17\ORD-zoning0109-01-ArnoldBros-Ayers1-2-special permit.doc 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