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HomeMy WebLinkAbout028100 ORD - 03/24/2009Page 1 of 3 AN ORDINANCE 028100 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CHARLES K. MILLER, JR., BY CHANGING THE ZONING MAP IN REFERENCE TO 1,750 SQUARE FEET OUT OF ROBLEX INDUSTRIAL AREA, BLOCK 6, LOT 16, 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 15,000 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 Charles K. Miller, Jr., 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, February 4, 2009, during a meeting of the Planning Commission, and on Tuesday, March 24, 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 1,750 square feet out of Roblex Industrial Area, Block 6, Lot 16, located on the east side of Flato Road, approximately 0.17 miles north at Bear Lane, from "1-2" Light Industrial District to "1-2/SP" Light Industrial District with a Special Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 15,000 gallons, subject to a site plan, attached, and four (4) conditions. (Zoning Map 050042) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: A. Uses: All uses allowed in the "1-2" Light Industrial District plus one UL 2085 above ground fuel tank not to exceed 15,000 gallons. B. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. C. Zoning Board of Adiustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 028100 H:\LEG-DI R\Shared\LEGAL-DEV.SVCS\2009 Agenda \3-24\ORD-zoning0109-06Miller-Roblex-I-2-special pennil.doc Page 2 of 3 D. 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 #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 24th day of March, 2009. ATTEST: Armando Chapa City Secretary APPROVED: March 16,`2009 ebora h Walther Brow Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Hery Garre Mayor, City of Corpus Christi H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\3-24\ORD-zoning0109-06Miller-Roblex-I-2-special permit.doc Page 3 of 3 Corpus Christi,/�nT�exas" day of / ahe.4 , 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. 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, 44144d ry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper r _ Larry Elizondo, Sr. A bce&f Mike Hummell Bill Kelly UUU Priscilla G. Leal John E. Marez M Nelda Martinez Michael McCutchon cd(aC. 028100 EFFECTIVE DATE PaAth 301,QM q H: \LEG -D I R\Shared\LEGAL-DEV.S V CS\2009 Agenda \3-24\ORD-zon ing0109-06Mille r -Rob lex-I-2-special perm it.doc 19 f-3 11 12 f-2 13 14 15 1-2/SP108-0 SUBJECT PROPERTY 08LEX INDUSTRIAL AREA 16 T r 17 1-2 18 O 19A 198 20 f=27 '*05-11 21 R-18 int 149178SELL FARM TR =phi ww __ Ol,C4l00. o ud7�bt 3 tM CASE # 0109-06 Planning Commission and Staff Recommendation From: "1-2" To: "SP" with Four (4) Conditions Ordinance No.: Exhibit A Metes and Bounds Description and Site Plan Sono of Inns County of Nuevo; j } 3036 ,r ALANEDA, air 71166 Prr. 361 362-5321 .- PAX 161 1014363 a -1e611:111311 ylr6,ecLAaltt 11q111111 h1illtel,9161 BASS & WELSH ENGINEERING P.O. Box 6397 Carpal atrial, 1'X 78466-6397 Tordnp Mud Oa January 21, 2009 00021Zordog-M*R4oc Description of a 0.040 acre traa of land, more or tare, 6 portion or Lot 16, Mock 6, Roble* Industrial Mea, a map of wbkb Is recorded is Volum* 45, 140.33, Map Regina Nooses Comity, Two, wild 0.040 acre tract as fluter dotard by mutes and bounds es follows: Starling M she wutbwset eomorofsaid Lot 16 to the test rightrof.wny line of Hato Road; thence BAST 300.00' Song the north boundary Bae °told Lot 16; thence SOUTH 2300' t0 the POINT OB BEGINNING and northwest rooter et the tract hernia deangwM; TRRNQI HAST 25r00'toe point for the notatestt tomer of she tract hack desatibed; THENCB.8OUTN 70.00' to *point for the n6nllleattcorner of the trent herein described; THENCE WEST2SMO' to a point fur the anatbasat corner of the tract herein described; THENCE NORTH 70.00' to the row OF iStatiNINC. Shoot 1 it 1 H:\PLN-DIR\SHARED\I. Planning Commission \2009 PC\2009 Scheduling Mcmos\0109-06 Charles K. Miller dot PROPOSED ZONING TRACT FOR FUR. STORAGE TMMC, 0.040 NC. -.cam---x----mcg NORTH _Kra. FLATO RDS SKETCH TO ACCOMPANY METES AND BOUNDS . DESCRIPTION r -e0. BAGS MDVet 911111111101010 CORPUS MIR MORN at; 911�11� gDe�o'p rpf .1141/00 N:\PLN-UIR\,SI3AREU\I . Planning Commission 2009 PC\4009 Scheduling Memos\0109-16 Charles K. Millcr.doc State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } CITY OF CORPUS CHRISTI } Ad # 5895464 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 3/9/2009, 3/9/2009. $ 230.61 2Time(s) LE REPRESE On this /84 -1A -day of i*i , 2 fro certify that the attached document is a true and an exact co . made by publisher. QVJENN J. MEDINA MY COMMISSION Q X IRES August 2, Not Public, State of Texas March 9, 2009 • NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S) OF THE CITY OF COR- PUS CHRISTI Notice is hereby given in accordance with the law that the City Coun- cil of the City of Corpus Christi will conduct a public hear- ing on March 24, 2009 during a regular Coun- cil meeting which commences at 10:00 a.m. in the City Coun- cil Chambers, City Hall, 1201 Leopard, to consider the following zoning applicatlon(s) of which said applica- tion(s) are on file in the Office of the City Sec - re tary and the Department of Plan- ning. At said time and place of hearing, all I Interested ands aappppear before the City Coun- cil. The zoning applicatlon(s) to be considered at the hearing are follows:harle`)L(,)tOJ 1. 0109.06,, Charles' - K. Miller:From an 1-2" Light Industrial District to an 1-3" Heavy Industrial Dis- trict Located on the east side of Flato Road approximately 0.17 miles north at Bear Lane. 0209-01, City of QLO 10i Corpus Christi. Land- mark Commission: From a "A-2/HC-III" Apartment House Dis- tnct with a Historical - Cultural Designation to an "A-2" Apartment House District - Locat- ed at 1613 Mestina Street, east of the Crosstown Express- way (SH 286), and west of Mexico Street. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christi State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5897771 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. 0281 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 3/30/2009, 3/30/2009. $ 207.33 1Time(s) On this (/''L day of is a true and an exact c LE GWNNNJ.IONA MV COMMIOCON NOIRES AupaR i aot* ,2 S REPRESENTIVE I certify that the attached document y made by publisher. No - Ty Public, State of Texas Monday • March 30, 2009 • NOTICE OF PASSAGE OF ORDINANCES NO. 028100, Amend- ing the Zoning Ordi- nance, upon applica- tion byChades K. Mill- er, Jr., by changing the Zoning Map in refer- ence to 1,750 square feet out of Roblex In- dustrial Area, Block 6, Lot 16, from "1-2" Light Industrial District to "I-2/SP" Light Industri- al District with a Spe- cial Permit toallow one (1) UL2085 above ground fuel storage tank not to exceed 15,000 gallons, sub- ject to a Site Plan and four (4) conditions; and NO. 028101, Amending the Zoning Ordinance, upon appli- cation by the City of Corpus Christi Land- mark Commission, on behalf of Thomas Gaddis, by changing the Zoning Map in ref- erence to Jones Sub- division, Blobk 3, Lot 10 and adjacent alley, from "A 2/HC-III" Apartment House Dis- trict with a Historical- Cuitural Landmark 111 District Designation to an "A-2" Apartment House bistrict; amend- ing the Comprehen- sive Plan to account for any deviations from the existing Compre- hensive Plan; provid- ing a repealer clause; providing a penalty; providing for publica- tion. These ordinanc- es were passed and approved by the City Council of the City of Corpus. Christi on March 24, 2009. /s/ Armando Chapa City Secretary City of Corpus Christi