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Home My WebLink About028070 ORD - 02/17/2009Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CLOSNER/BROWNSTONE VENTURES CORPUS, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 800 SQUARE FEET OUT OF A 4.011 ACRE TRACT OUT OF LOTS 3 AND 6, SECTION 5, RANGE VIII, GUGGENHEIM-COHN FARM LOTS, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "I-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 DIESEL FUEL AND 500 GALLONS OF GASOLINE, 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 Closner/Brownstone Ventures Corpus 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, 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 800 square feet out of a 4.011 acre tract out of Lots 3 and 6, Section 5, Range VIII, Guggenheim -Cohn Farm Lots generally located on the west side of North Padre Island Drive between Old Brownsville Road and Corporate Drive, from "1-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to allow for two UL2085 above ground fuel storage tanks or one combined above ground fuel storage tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline, subject to a site plan, attached, and four (4) conditions. (Zoning Map 051041) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: 028070 H:\LEG-DI R\Shared\LEGAL-DEV.SVCS\2009 Agenda \2-17\ORD-zoning0109-02-Closner-NPI D -I -2 -special permit.doc Page 2 of 4 1. Uses: All uses allowed by the base zoning district plus two UL2085 above ground fuel tanks or one combined tank with a capacity to store 2,000 gallons of diesel fuel and 500 gallons of gasoline. 2. Fire Department Approval: The above ground fuel tank(s) shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank(s) will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition 31 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. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\2-17\ORD-zoning0109-02-Closner-NPID-I-2-special permit.doc ATTEST: Armando Chapa City Secretary APPROVED: February 9, 2009 eborah Walther B Assistant City Attorney For City Attorney Page 3 of 4 CITY OF CORPUS CHRISTI e'ry Gar ett ayor, C' y of Corpus Christi H:\LEG-DIR\Shared\LEGAL-DE V.SVCS\2009 Agenda\2-17\ORD-zoning0109-02-Closner-NPID-I-2-special pennit.doc Page 4 of 4 Corpus Christi, Texas 1 day of L� bl� 2009 TO THE MEMBERS 0 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, tilata Art/ . 4 enry Garr Mayor, Ci Council Members The above ordinance was passed by the folloWng Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 028070 of Corpus Christi, EFFECTIVE DATE 3 001 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \2-17\ORD-zoning0109-02-Closner-NPID-I-2-special permit.doc 5-A 6-A 7 INDUSTRIAL TECHNOLOGY PARK UNIT 1 1-2 OUOENHEIM AND COHN OUGENHEIL IND PARK 8 0 2 0 400 1-2 CASE # 0109-02 Planning Commission and Staff Recommendation From: "1-2" To: "SP" with four conditions Ordinance No.: SUBJECT PROPERTY GUGENHEIM AND COHN 800 H 1YI6'2%8 PTependSy: SRR Oepartmenr a?DevelopmaKSeMws niir lisi! �nnr`11/14.4,44itzi. fitSPA • City of IPLOCATION MAPS/r//�� l I Exhibit A 0 0 0 Z r MSco U U~ 0 mec17 -1— �N ozao q o: b LOT 1, BLOCK 1 GUGENHEIM INDUSTRIAL PARK VOL. 55, PG 158 M.R.N.C.T. Fnd 5/8 9tAa� \ OVERHEAD SIGN EASEMENT DOC. NO. 2006038803 O.R.N.C.T. 4.011 AC 'G,A DOC. # 2008037103 / etc .I ILO 1 1 4 REA TO BE 800 SQ. FT. 0.018 ACRES REZONED 5h PORTION OF 31.833 AC. LOTS 3, 6 & 7, SECTION 5, RANGE VIII GUGENHEIM & COHN FARM LOTS FIRST ASSEMBLY OF GOD DOC. NO. 1996010229 OFFICIAL RECORDS NUECES COUNTY, TEXAS \P-PecAtt‘ PROPOSED REZONING OF 800 SQ. FT. IN A 4.011 AC. TRACT, LOTS 3 & 6, SEC. 5, RANGE VIII GUGENHEIM & COHN FARM LOTS Prepared by: Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fax) Job No: 08002 Scale: r=100' Dote: 11-11-08 Drawing No: REZONEBNDY Plotscale: 1=1 Sheet 2 of 2 MURRAY BASS, JR., P.E.,R.P.L.S. NIXON M. WELSH, P.E., R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 PH. 361 882-5521— FAX 361 882-1265 BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 Field Note Description November 12, 2008 Being a portion of the 4.011 acre tract described in the deed recorded under Clerk's File No. 2008037103, said tract being a portion of Lots 3 and 6, Section 5, Range VIII, Gugenheim-Cohn Farm Lots, also being that tract being platted as Lot 1, Industrial Technology Park, Unit 3, and being more particularly described by metes and bounds as follows: Commencing at a point within the 4.011 acre tract for the west corner of this tract, WHENCE the northwest corner of the 4.011 tract bears N 37°39'24" W 119.50 feet and S 52°20'36" W 153.72 feet. THENCE N 52°20'36" E a distance of 40.00 feet to a point for the north corner of this tract, THENCE S 37°39'24" E a distance of 20.00 feet to a point for the east corner of this tract, THENCE S 52°20'36" W a distance of 40.00 feet to a point for the south corner of this tract, THENCE N 37°39'24" W a distance of 20.00 feet to the point of beginning forming a tract embracing 800 square feet (0.018 acres). Murray Bass, Jr., R.P.L.S. Note: Bearings are a State of Texas Lambert Grid South Zone N.A.D. 1983 08002 -Field Note Description_A Page 1 oft 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