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HomeMy WebLinkAbout028167 ORD - 09/12/2009• Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE MORRIS L. LITCHENSTEIN, JR. MEDICAL RESEARCH FOUNDATION, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.198 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, SECTION 12, LOTS 6 AND 7, FROM "B-3" BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; 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 The Morris L. Litchenstein, Jr. Medical Research Foundation, 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, April 1, 2009, during a meeting of the Planning Commission, and on Tuesday, May 12, 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 3.198 acres out of Flour Bluff and Encinal Farm and Garden Tract, Section 12, Lots 6 and 7, located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines Drive, from "B-3" Business District to "B-4" General Business District. (Zoning Map 042034) (Exhibit A) SECTION 2. 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 3. 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. 028167 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \5-12\ORD-zoning0409-02 Litchenstein B-4.doc Page2of3 SECTION 4. 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 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 7. 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 8. 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 /2' -day of May, 2009. ATTEST: Armando Chapa City Secretary APPROVED: May 4, 2009 dfru.dagi,c__ eborah Walther Bro� Assistant City Attorney For City Attorney CITY 0 CORPUS CHRISTI enry Garr r tt Mayor, City of Corpus Christi H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \5-12\ORD-zoning0409-02 Litchenstein B-4.doc Page3of3 Corpus Christi, Texas /a day of , 2009 TO THE MEMBERS F 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, Council Members Respectfully, Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon A 4• A 4 028167 EFFECTIVE DATE vll.0 l getcQao9 v H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \5-12\ORD-zoning0409-02 Litchenstein B-4.doc YMAN I Y AIRLINE PARK 3 aqq99 4.FW AY AIRL3%IE PAf Q 1. 3 CA LAKEWOO• VILLAGE Ct1000 R-2 0 \ Q 000 154. NOLE'W V0 ANNEX 1 SUBJEt N PROPERTY., 1.4v SENO SUED --Lai CLORIOGE CREEK ))I; 4 1)9V ry1. UR BLUFF d 0 B -44d. 00 ANI LO ._ LOUR BLUFF A i (TION X tI /07-04 �a. NOLLY OA R-2 UR 81.0 WOOL RIDGE C CASE # 0409-02 Applicant's Request, Staff's and Planning Commission's Recommendation From: "B-3" To: "B-4" Ordinance No.: SP iSP/86.01 'AIRLINE � Weil, Ely Sly? ST N\°J9 e.fr"" SUBJE PRO -jLOCATION MAP 0 City of Comas' Christi Exhbiit A State of Texas County of Nueces PUBLISHER'S AFFIDAVIT ) CITY OF CORPUS CHRISTI ) Ad # 5900809 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 4/27/2009,4/27/2009. $ 294.63 2Time(s) On this 242 day of h79rr, , 26'(I certify that the attached document is a true and an exact copy made by publisher. e1 3/4 MICHELLE JOYCE CABRERA Ci MY COMMISSION EXPIRES March 19,2012 Notary Public, State of Texas • April 27, 2009 • Monday 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 Cor- pus Christi will conduct a public hearing on May 12, 2009 during a regular Council meet- ing which commences at 10:00 a.m. in the City Council Cham- bers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said application(s) are on file In+the Office of the City Secretary and the Department of Planning. At said time and place of hearing, all persons and partes interested may appear before the City Coun- cil. The zoning appli. cation(s) to be consid- ered at the hearing are as follows: 1. 0309-03, Melvin Littleton; From a "F- R" Farm and Rural District to an "1-3" Heavy Industrial Dis- trict - Located approxi- mately 1.0 miles north of Mustang. Island State Park on the north-west side of State Highway 361 and across from the La Concha Subdivi- sion. 2. 0409-01, TNT Crane & Rigging, Inc.: From an "1-2" Light Industrial District to an "1-3" Heavy In- dustrial District - Lo- cated on the south side of IH -37 0.16 miles west of Corn Products Road. 3. 0409-02, Morris L. Litchensteln, Jr., Medical Research Foundation: From a "8-3" Business District to a "B-4" General Business District - Lo- cated to the southwest of Corpus Christi Ath- letic Club and fronting on Nodding Pines Drive. 4. 0409-03, Corpus Christi Athletic Club: From a "B-3" Business District to a "8-4" Gen- eral Business District - Located to the south- west of Corpus Christi Athletic Club and front- ing on Nodding Pines Drive. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Se---Ction at (361) 826-3560, 2406 Leopard Street. /s/Armando Chapa I LA - o 8 ` State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5903568 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 Patrick), 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 5/18/2009,5/18/2009. $ 323.73 tee LEG 1Time(s) On this I day of is a true and an exact copy made ()WENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 REPRESENTIVE certify that the atta i d document Public, State of Texas t May 18, 2009 a NOTICE OF PASSAGE OF ORDINANCES NO. 028164, Ordi- nance amending the Zoning Ordinance upon application by Melvin Littleton, Gen- eral Partner, LFP Un - Improved Invest- ments, Ltd., by changing the Zoning Map in reference to 82.403 acres out of J. W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Tex- as, from "F -R' Farm and Rural District to "F-R/SP" Farm and Rural District with a Special Permit to al- low for construction of an equipment stor- age building, subject to a Site Plan and nine (9) conditions; NO. 028165, Ordi- nance amending the Zoning Ordinance upon application by TNT Crane& Rig- ging, Inc.,. by chang- ing the Zoning Map in reference to a 375 -Square foot tract out of Interstate In- dustrial Complex, Block 4, Lot 4A, from "1-2" Light. Industrial District to "I-2/SP" Light Industrial Dis- trict with a Special Permit to allow for one (1) UL2085 apnye,grpund,. fuel storage tank not to I exceed 10,000 gal -.1 Ions subject to a Site 1 Plan and four (4) conditions; NO. 028166, Ordinance amending the Zoning Ordinance upon ap- plication by Corpus Christi Athletic Club, Inc., by changing the Zoning Map in refer- ence to 0.673 acres out of Wooldridge Creek Unit 8, Block 1, Lot 1, from "B-3" Business District to "B-4" General Busi- nass District; and NO. 028167, OroI- nance amending the Zoning Ordinance by upon app Morris L.Lichten- stein, Jr. Medical Re- search Foundation, by Chang in references 'ng Map to 3.198 acres eouto of nal FarBm and Garden and Enci- Tract, Section fr12, Lots 6 and 7, "B-3" Business Dis- trict to "B-4"tGeral Business Districent, amending he Com- prehensive Plan to account for any devi- ations from the exist- ing Comprehensive Plan; providing a re- pealer clause; provid- ing a penalty; provid- ing for publication. These ordinances were passed the ap- proved by n Council of of Corpus ChristiCityon May 12, 2009. /s/ Armando Chapa City Secretary City of Corpus Christi I—_