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Home My WebLink About028649 ORD - 06/22/2010• Page :1 of4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY N. M. EDIFICIOS, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.0172 ACRES (750.00 SQ FT) TRACT OF LAND OF A 32.41 ACRE TRACT OF STATE SURVEY NO. 402, JAMES W. WARD ORIGINAL GRANTEE, ABSTRACT NO. 1031 AND STATE SURVEY NO. 316, J.R. WARD, ORIGINAL GRANTEE, ABSTRACT NO. 1055, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "I-2ISP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR TWO (2) UL 2085 ABOVE GROUND FUEL STORAGE TANKS NOT TO EXCEED 7,000 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 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, May 12, 2010, during a meeting of the Planning Commission, and on Tuesday, June 22, 2010, 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 0.0172 acres (750.00 sq ft) tract of land of a 32.41 acre tract of State Survey No. 402, James W. Ward, Original Grantee, Abstract No. 1031 and State Survey No. 316, J.R. Ward, Original Grantee, Abstract No. 1055, located approximately 1,300 ft. east of the intersection of State Highway 44 (Agnes Road) and Clarkwood Road, from "1-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to allow for two (2) UL 2085 above ground fuel storage tanks, not to exceed 7,000 gallons, subject to a site plan, attached as Exhibit A, and four (4) conditions. (Zoning Map 057042) (Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: H:1LEG-DIR1SharedlLEGAL-DEV.SVCS12010 Agenda16-22-10lCASE NO 0510-02 N.M. EDIFICIDS, LLC10510- 02.N.M.Edificios.LLC.Zoning I-2.Change.l-2.Sp.Doc 028649 INDEXED • Page 2 of 4 1. Uses: All uses allowed in the "1-2" Light Industrial District plus two (2) UL2085 above ground fuel tanks not to exceed 7,000 gallons per tank. 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 (1) year of the date of this ordinance, unless the property is being used 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 H:ILEG-DI R1SharedlLEGAL-DEV.SVCS12010 Agenda\6-22.101CASE NO. 0510-02 N.M. EDIFICIOS, LLC10510- 02.N.M.Edificios.LLC.Zaning I-2.Change.l-2.Sp.Doc Page 3 of 4 regular meetings A o haJ this or 'nance is passed upon first reading as an emergency measure on this ay of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary APPROVED: 0 , 2010 [ borah Walther Br Assistant City Attorn For City Attorney Mayor, City of Corpus Christi W:1LEG•DIRlSharedIEGAL-DEV.SVCS12010 Agenda16-22-101CASE NO. 0510-02 N.M. EDIFICIOS, LLC10510- 02.N.M.Edificios.LLC.Zoning I-2.Change.1-2.Sp.Doc Page 4 of 4 Corpus Christi, Texas day of , 2010 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. Ifwe, 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, &,tilfik)e-f-ta Joe Ade Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adarne Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EFFECTIVE GATE (' f,L a$�i2oIO H:ILEG-DIR1Shared \LEGAL-DEV.SVCSI2010 Agendal6-22-101CASE NO. 0510-02 N.M. EDIFICIOS, LLC10510- 02.N.M.Edificios.LLC.Zoning I-2.Change.I-2.Sp.Doc 028640 Corpus Christi, TX EXHIBIT A gr - 9° 7435 Q 0 Vi r m FUEL PUMP PLAN SCALP= V4'. Wei [KANO - sEC GMM PA65. - 110..4 FLEL R11005 f n,.O.d cxc i r...7"114-EADED)i RLL 5YSIYSI b' PIA- 90' N, DOLLAiN {rfPY o —1 m RxFw1E r=ti.i roR OFFLOAD Sof fLEL PIA, 90'0. L,gyp G rrrPJ WASH LIM r'prce - •5CL LML DY�59e Y r - c O GHAsi LF voice - SEE .60.01.. r0409. • FUEL 15LAND PLAN BGM Vb'+ I'-0' PW.OPfY 1Y LII. 1 R -1B -:tARXWOGD ANNEX 1-2 T=1B 0UT j ARISWOOD AGR 4 SUBJECT PROPERTY 1- 2 ASSES + ' AAA : f F -R R - 9B 3 1-3 0+1740W Pilpirod 13y: SRA Diparat ena ChlY NOpill III CS a'rlCid CASE: 0510-02 EXHIBIT B PLANNING COMMISSION & STAFF RECOMMENDATION FROM: 1-2 TO: I-2/SP ORDINANCE NO. s-` SII ECT PROPERTY v niM !LOCATION MP CCM State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5944069 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE , 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, NOTICE OF PASSAGE which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 28TH DAY OF JUNE, 2010. $189.87 LEGAL SALES On this day of is a true and an exact PRESENTIVE CL6l ertify that the attached doc r. Ni ary 'w+`.lic, State of Texas yI GWENN J. MEDENA . '• "" MY COMMISSION EXPIRES -fsf1�+ August2, 2012 PASSAGE`.OF -:ORDINANCES NQ: 028845; -Amend €Fig:; the Zonincg t7rtl;; u•on.application: b M Edif€cion LLC by,chang€ng:the Zon ing Map in :reference_ to:a 0.01;72 acre' (750.00 sq.ft) tract of,, land Of a 32.41 -acre' tract of State Survey No. 402,-,.'440108 -:W. Ward OriginalGrant- e ,e , Abstract No. 103'1 & State Sitrve No. .316, J. -R Ward, Original Grantee Ab= stract No.,1055; from "1-2" Light I dustrial D istrict. tor."1 2/SP' L ight Industrial Dis-, trlct' with a.Special' Perfiit to allow :for two (2) t1:L 2085, above"ground fuel. storage tanks not to. exceed 7,000 gal Ions, subject".to a Site Plan & four (A condi €oris, & NO. 0286150, mending, the Zoning,. rd upon -appiica- ion b CarI & Sherry adafieh,""by. ohan9 ng'the Zoning.Map in eference. to- Sunrls hores, Block 1 Lot A:>& 3,i:from."AT pertmertTourls AT/RtJD Apart e'n t T 2" o' u r i s' Dlstrict/Planned iUni Development forth purpose of creating 3:unit Single Family' ownhouss Develop Olen t.:" These Ord.. were passed & ap :roved by the Corpus. lCiiristiCity Counc€li rion:June 22, 2010. /s/Armando Chap City .Secreta PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5942214 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricia, 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 6/7/2010, 6/7/2010. $ 204.42 1Time(s) LEGAL SAL - '1 REPRESENTIVE On thi Y1 d day of Diajn , 2010 I certify that the attached document is a true and an exact copy made by publisher. Notary Public, State o FQ xas MICHELLE JOYCE CABRERA MY COMMISSION EXPIRES Mplet 19, 2OiE CALLER TIMES C( June 7, 2010 «3a NOTICE OF PUBLIC HEARING TO CON- SIDER ZONINt3:.;, APPLICATIONS OFTHE CITY OF CORPUS -CHRISTI • Notice Is hereby giv- en that the Corpus Christ) City ,Council. will: conduct a(public hearing on June 22, 2010 during a regular Council meeting which;.conlmences`: at 12:00 pm...in the; Council Chambers, City :Hall, 1201 Loop= ar , to consider:the followingzoning ap- plications) wich are on tale n the Office`of the CltySecretary & the'Dept of Planning,. At said time::& place of hearing, persons & parties interested may -:;:appear' `before the City Council 1 05101.031 N.M EdI- fictos, L'LC 'From the .2" LIght Indus- trial .District to the "1.3", Fleavy tndustrlal blstrict Located app proximately'.` 1,360 feet east of; the Inter- section ,'of S. H'. 44 (Agnes Rd) and Clarkwood Rd.. 2, 0510794j Cerl and .Sherry Badalich: From;:,the `AT'_:Apart menta Touriet :;:District to an ;AT" Apartment Tou:;rest is- trictP'PUD-2'Planned 11nIt Development -: Locatedat, 7349 5,Ffr 361 approximately 1.75 'miles north`of Fire. Station #16: Information may be obtained by calling or visiting the Dept. of Development Ser-. vices Plann1n.g Seet1oars.. a (361)'826 3550 2406 Leopard St /s/Armando.Chapa `: City Secretary