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HomeMy WebLinkAbout028448 ORD - 12/15/2009Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY N. M. EDIFICIOS, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 32.41 ACRES OUT OF STATE SURVEY NO. 402 AND 316, LOCATED AT 8602 STATE HIGHWAY 44, FROM "F -R" FARM - RURAL DISTRICT TO "1-2" LIGHT INDUSTRIAL 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 N. M. Edificios, 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, November 11, 2009, during a meeting of the Planning Commission, and on Tuesday, December 15, 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 32.41 acres out of State Survey No. 402 and 316, located approximately 1,500 feet east of Clarkwood South Road, and west of South Bockholt Road, from "F -R" Farm -Rural District to "1-2" Light Industrial District. (Zoning Map 057043) (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. 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. 28448 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\12-15\N.M. Edificios LLC.doc nInwYFf Page 2 of 3 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 sot this ordinance is passed upon first reading as an emergency measure on this 15 day ofje1009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: December 15, 2009 /X/1-747 Deborah Walther Brown Assistant City Attorney For City Attorney <r� EFFECTIVE DATE be,trivc (ooic_ lr aorb9 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\12-15\N.M. Edificios LLC.doc Page 3 of 3 Corpus Christi, Texas 164- day of fitiott., 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, Joe Ad Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Z Priscilla G. Leal ' John E. Marez Nelda Martinez Mark Scott H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \12-15\N.M. Edificios LLC.doc 11 Illilt....!‘0° R- 1 B 1 Tin! MOO Props oCBy:SFR or r'np t inCSOMCOS CASE # 1109-03 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A From: F -R To: 1-2 ORDINANCE: State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5925291 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 11/30/2009,11/30/2009. $ 221.88 1Time(s) 114411A LEG ES REPRESENTIVE On this I day , 2 OK certify that the attached document is a true and an exact copy made by publisher. MICHELLE JOYCE CABRERA MY COMMISSION EXPIRES Match 12, 2012 CALLER -TIMES g November30 2009 « 5E Legal Notices 1110 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S) OFTHE CITY OF CORPUS CHRISTI Notice is hereby giv- en in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on December 15, 2009 during a regular Council meet- ing which commenc- es at 12:00 p.m. in the City Council 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 Secretary and the Department of Plan- ning. At said time and place of hearing, all persons and par- ties interested stay appear before the City Council. The zoning application(s) to be considered at the hearing are as follows: 1. 1109-03 N.M. Edi- ficios, LLC: From the "F -R" Farm -Rural District to the "1-2" In- dustrial Business Dis- trict resulting in a change of land use from facm and rural uses to light industrial uses-„LoCated at 8602 State Highway 44, generally located approximately' 1,500 feet east of Clark wood South Road, and west of South Bockholt Road. Infor- mation may be ob- tained by calling or visiting the Depart- ment of Developrnent Services, Planning Section at (361) 826-3560, 2406 Leopard Street. is/ Armando Chapa City Secertary City of Carpus Christi State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5927272 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 ORDINANCE NO. 02844 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/21/2009,12121/2009. $ 131.67 1Time(s) LEGA REPRESENTIVE On this Q 1 ''day of 1: / L- t'I , 2 t certify that the attached document is a true and an exact copy made by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 iLLA ltary Public, State of Texas December 21, 2009 » CALLER -TIMES NOTICE OF PASSAGE OF ORDINANCE NO. 028448, Amend- ing the Zoning Ordinance, upon ap- plication by N. M. Edificios, LLC, by changing the Zoning Map in reference to 32.41 acres out of State Survey No. 402 and 316, located at 8602 State Highway 44, from "F -R" Farm- Rural District to "1.-2" Light industrial Dis- trict; amending the Comprehensive Plan to account for any deviations from the existing Comprehen- sive Plan; providing a repealer clause; pro- vidin9 a penalty;; providing for publica- tion. This ordinance was passed and ap- proved by the City Council of the City of Corpus Christi on De- cember 15, 2008. /s/ Armando Chapa City Secretary City of Corpus Christi