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Home My WebLink About029005 ORD - 03/22/2011Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MBL DERBY CITY DEVELOPMENT, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 7.5 ACRES OUT OF BRIGHTON VILLAGE UNIT 2, BLOCK 14, LOT 3, LOCATED ALONG THE NORTH SIDE OF DOWNING STREET, APPROXIMATELY 400 FEET WEST OF AIRLINE ROAD, FROM THE "B-3" BUSINESS DISTRICT TO THE "B-1" NEIGHBORHOOD BUSINESS DISTRICT, NOT RESULTING IN A CHANGE OF FUTURE LAND USE; 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 Corpus Christi Community Improvement Corporation, 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 16, 2011, during a meeting of the Planning Commission, and on Tuesday, March 22, 2011, 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, 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 7.5 acres out of Brighton Village Unit 2, Block 14, Lot 3, located along the north side of Downing Street, approximately 400 feet west of Airline Road, from the "B-3" Business District to the "B-1" Neighborhood Business District, not resulting in a change of future land use. (Zoning Map 042,032) (Exhibit A - "Planning Commission and Staffs Recommendation") 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, H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda\MBL Derby City Development, LLC13-10-11. Final Ordinance.DWB.doc 029005 INDEXED Page 2 of 3 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. 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 t this ordinancp is passed upon first reading as an emergency measure on this ay of a c Ii , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary .././eatteege‘e-te Joe Addie Mayor, City of Corpus Christi APPROVED AS TO FORM: This /O day of c4 , 2011 6(A5-74-4/7Car eborah Walther B Assistant City Attorney For City Attorney H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda\MBL Derby City Development, LLC13-10-11. Final Ordinance.DWB.doc Page 3 of 3 Corpus hristi, Texas A."? day of Ark 2011 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 Aflame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong EFFECTIVE DATE macit H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 AgendalMBL Derby City Development, LLC13-10-11, Final Ordinance.DWB,doc 029005 AS nrso Prepared By: S Department of Devefopmerrt Seiyic PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: B-3 TO: B-1 ORDINANCE NO. State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5962672 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, Nueees, Refugio, and San Patrick', 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 31712011, 317.12011. $ 224.79 1Time(s) � 11 /� On this day of V k OL ( , 2t) LI I certify thatached document is a true and an exact copy made by publisher. LEGAL SALES REPRESENTIVE QWENN J. MEDINA MY COMMISSION EXPIRES August 2,2012 ik Notary Public, State oexas J.. 4E »'March 7, 2011 »:CALLER -TIMES Legal Notices 1110 NOTICE OF PUBLIC` HEARING TO CON SIDEA ZONING APPLICATIONS) OF THE CITY CORPUS CHRISTI. Notice -is hereby;,giv- en. "thatthe Corpus' Christi; City Council will conduct a public hearing. on March" 22, 2011.. unng aregular Gou.n.oll me.etlng which .cornmences .at 12:00"'pm in the Council Chambers, City .Hall, 1201`Leop ard, toco ns ider "the followingzoningg ap- piication(e)• which area on file in the 00ice.ot the City Secreter & the Dept of Planning. At said>trme,place: of hearing persans'8e: parties_ interosted may apppear before the City Council 1• 0111-02 Commer clal Metals Company: Frorn :the "I 2° Lighht Industrial Distrlct.to: the u1-3" Heavy In= dustri'al District - Located along,:the` west side of .Bronco Rd, approximately' 245 ft".north of Agnes, St 2 0211-02, MBL Der--- -by City'Development LLC, From the ' B-3" Business':District :to. the "B•1' Neighbor- 'hoo:d "B:u:sin,ess District ..Located. along 'the north::side of Dowrimg St:. ap- proximately.; 4001t. west of Airline Rd: 3: :0211.03 McTur- bine Inc From the "I 2" L ght Industrial' 'District to the "1-3" Heavy industrial Dis- tact Located west of Junior -Beck Dr -sand south ot Bear Ln. Inforrnation may be obtained by calling or visiting ,.the Dept. of Development.Ser vices;: P"la:n:nin.g Sect ion': et (361) 826-3560, 2406 LeopardSt, is/ Armando- Chape City Secretary ::s State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5964322 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 PASSAGE OF ORDINANCES NO. 0290 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 312.8/2011, 3.28./2011. $ 256.80 1Time(s) On this 3day of flCJV17, 2 _ ! I certify that the attached document is a true and an exact copy made •y publisher. LEGAL SALES REPRESENTIVE MICHELLE JOYCE CABRER,LA MY OOMMa9S1ON EXPIRES MO* 10, 2012 ry Public, S rite • f Texas CALLER -TIMES « March 28,:2011 «; 3E Leal Notices MO NOTICE OF PASSAGE'OF ORDINANCES NO029004, Amend ing the Zonin9 Ord. upon ;application by Commercial < Metals Company, by chang- ing the'Zoning Map in reference to "63.785 acres out of H.B. Sheppard Farm :Lots, Lot 4 & a portion'of Lot 9 8,a portion of. the G.C.•& S.P. Rail- Way Company Survey: No.. 315, lo- cated along the west side of Bronco Rd., approximately 245 feet north of Agnes St., from "1-2" 'Light Industrial District to the "I-2/SP Light In- dustrial District, with a Special Permit' for a scrap metal 'process- ing plant, subject to a Site Plan & :six (6) • conditions; -'NO 029005, 'Amending the Zoning :Ord.,. Upon application by IML. Derby City De velopment, LLC,' by changing: the Zoning Map in reference: to 7.5 acres out of Brighton Village Unit 2, Block 14, Lot,3, to cated. along the north side of: Downing St., approximately 400. feet west of Airline Rd., from the "B.3" Business- District to the "B-1" Neiighbor-' hoodBusiness District, not resulting in a change of. future land ruse, & 029006, Amending: the Zoning .:Ord., upon application by McTurbine, Inc., by changing the:: Zoning Map in reference to 0.005 acres out of In- dustrial Technology Park Unit 2, Block; 5, Lot 1, located westt'of Junior Beck "pr. & south of Bear Ln., frarn-the 1-2" Light Induefrial District to the '1.3" Heavy In:: dustrial Distriot resulting In a'dhange of future land; use` front' a light Industrial land use to a•ieavy; industrial use. These ord. were assed &, approved ti the Cor- p u s, or-pus, Christi j City Council on March 22, 2011. , /s/ Armando Chapa City Secretary