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HomeMy WebLinkAbout030665 ORD - 10/27/2015 Ordinance amending the Unified Development Code ("UDC"), upon application by D.L. Johnson ("Owner"), by changing the UDC Zoning Map in reference to Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of D.L. Johnson ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 9, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested the "IL/SP" Light Industrial District with a Special Permit, and on Tuesday, October 20, 2015, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by D.L. Johnson ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street (the "Property"), from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit(Zoning Map No. 056046), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a map of the Property and Exhibit "B", which is a site plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment, and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust needs to be controlled at both the operation of the batch plant and the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 030665 INDEXED 3. Lighting: All light shall be directed downward and shielded. It is essential that lighting not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed as per the UDC. 5. Screening and Buffering: Screening and buffering shall be as stipulated in the UDC. 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. 8. Hours of Operation: Operations of the concrete batch plant are limited between 4:00 A.M. and 6:00 P.M. 9. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 The foreg n rdinance as read for the first time an passed to its second reading on this the 11� of i , , 20 \', by the following vote: Nelda Martinez Brian Rosas a.„ Rudy Garza ALA. Lucy Rubio Al-44 Chad Magill IIP ! Mark Scott i 4 Colleen McIntyre C. 1 Carolyn Vaughn j 'll/ Lillian Riojas ' I 4 I The foregoing grdinance was read for the second time and passed finally on this the a►day of XU 44' , 20 \5_, by the following vote: Nelda Martinez / Brian Rosas 1 Rudy Garza -4: Lucy Rubio I ii. Chad Magill Mark Scott / Colleen McIntyre 0 Carolyn Vaughn _01A0( Lillian Riojas I PASSED AND APPROVED this the day of D UC.J I , 20 (5 ATTEST: TIL-1, W.,C. *tl' t-t 1\e4NN& Rebecca Huerta Nelda Martinez City Secretary Mayor EFFECTIVE DATE 1 i I d ►S Ordinance SP_0915-02 D.L.,Johnson Page 3 of 3 - 030665 /L \ x c z -1 CFo xi xi\ v ST /L F.- kJ p F. .,ter Q V t_ u R Q a , u m R M SUBJECT Q PROPERTY QF. R. e Z 0 IL a 3 e W IL x ,,,,,/27 / _ e, / RMH O Date Created:8/25/2015 0 400 800 Prepared By:LarryF , ,Feet ' .DepartmentofaEevetopmentrService3 CASE: 0915-02 YR' SUBJECT PROPERTY WITH ZONING //// Subject L- JI-. L ' ' /l Property E°p4® ,�fa RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial Q �� n — RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay z - ON Professional Office RS-10 Single-Family 10 3 rii iy� f_ RM-AT Multifamily AT RS-6 Single-Family 6 0 I - CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 c J` ._ CN-2 Neighborhood Commercial Commercial RE15 single-Family 15to ,� ; 9RS-TF Two-FamilyI ` CR-1 Resort Commercial Single-Family CR-2 Genert alCommercialoCommercial CG-1 General Commercial RS-TH Townhouse � Q SUBJECT CG-2 General Commercial Sp Special Permit _ PROPERTY / — Cl Intensive Commercial RV Recreational Vehicle Park CEO Downtown Commercial RMH Manufactured Home Abt CR-3 Resort Commercial tt o E I FR Farm Rural WGNES City ity of H Historic Overlay fir` 1 1 Corpus us • - BP Business Park LOCATION MAP�' Christi EXHIBIT"A" 'NI,— ROJECT LOCATION —— III I4. 3j aT i ;.—— v --PE R e _= g a a a R - V —— A 1A E a P P a 1 1E 1 'e o 1 'E VICINITY MAPr A _ _ SCALE: NTS -J \ N„ r° '? IX li I. ...... — P`. eviCowC PL EL -�'1 THIS DOCUMENT IS W '3 T ”� RELEASED FOR ME p • j i M1 . PURPOSE OF REVIEW UNDER THE AUTHORITY ����/ Of RAMIRO MUNOZ MI I Nd „i _ o �.81007465 _ �'Y - '• IT IS NOT TO RE USED N FOR ANY OTHER N,p° CP PURPOSE. IA B Im �° y N _ _ _ NOTES&LEGEND: F V�p ZI PC - aL 50 ! E AMWM OF CONCRETE PRODUCED WY 11E TEMPO/CANT CO 'q, _ PATCH PLANT WAN B NOM DRY MU BE PPVRO0IMIf 1 ••/ 1O x I- R DAY 6 1 500 1 ME TEMPORARYAC OADS W.A TOTAL OP 60 MUM MICR PUNT WU CONSIST OF A EMvi u a CC ` r CC 10 EMNOYEES OHMIC NORM.OPEMIINC HOURS O '0'1;11 „ S U 6 A \ p 7� paw r cow PMOOR t• 100 O. _ 1 � 015Y A .ET f1 PI r. ISM Q Z Lu 10 READYED PORTABLE 6MIAPWI I... CONCRETESNDW N A - L _ _1 _0 DUST b,NWNN PDC Or 7H D cn R /a r —PL omT Pxurrn,.uE m O LU v� t9 �Nw O+ nC Y(I 1I 1 111 WE EI6T WEXFNEIO POWER UNE Q V CI ST 0 ar MREREMOVED �. ., EXIST CL MW fr • x Cl- K � 111 v _ •b EMT TREE EMT 3 w cc S 88'34'35" E 455.00' • M� x _ .„ ! ENIRT'MTFR METER CC p MST INNER INAE I ' m 0 PROPOSED SITE LAYOUT 4 �w Pc CO JOB Np C� SCALE 1'=60' 0 60 DIST UaTPpE 16DLU7E N § SCALE:t fi0' — ® EXIST 0.ECIWNK DRICTON BON c i 3 L • PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 721992 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 REPRESENATIVE 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 Patricio, Counties, and that the publication of NOTICE OF PUBLIC HEARING TO CONSIDER which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 10/04/15 Sun CC-Internet - caller.com 10/04/15 Sun jj) LEGAL SALES REPRESENTATIVE ‘5---On this day of 664 €41-- , 20 l I certify that the attached document is a true and exact copy made by publisher. 1 NNW ;: '— Notary Public, State t f Texas MICHELLE JOYCE CABRERA My Commission Expires March 19,2016 9tI)E W lE�� 14 CALLER TIMES K Sunday,October 4,2015 a %E Legals' i NOTICE OF PUBLIC HEARING TO CONSIDER RE-ZONING .� APPLICATION(S)IN THE CITY OF CORPUS CHRISTI Notice is hereby given that the Corpus Christi City Council will conduct a public hearing on October 20,2015 during a regular Council ik 3.Case No.0915-02 D.L.John- meeting which commences son: From the "IL" Light at 11:30 a.m. in the Council Industrial District to the Chambers, City Hall, 1201 "IL/SP" Light Industrial Dis- Leopard,to consider the fol- trict with a Special Permit lowing zoning application(s) for a Heavy Industrial use which are on file in Depart- (concrete batch plant).The ment of Development.Ser- property to be rezone i§. vices.At said time & place described as Lots 5,6,7 and of hearing, persons & par- 8, Block 1, Rhew Industri- ties interested may appear al Tracts Unit 1, located on before the City Council: the east side of Rhew Road 1. Case No. 0815-04 Cheryl approximately 1,000 feet McLaughlin and Hatch,LLC: south of Leopard Street. From the "RMH" Manufac- 4.Case No.0915-03 TWF Part- tured Home District and i ners, LLC: From the "RM- "RS-6" Single-Family 6 Dis- ' 1" Multifamily 1 District to trict to the"RV"Recreation- I the"ON"Office District.The al Vehicle Park District.The property to be rezoned is property to be rezoned is described as Lot 11-D,Block described as being a 9.16 4, Parkdale Village, located acre tract of land out of the on the southwest corner E Villarreal Survey being a of Mildred Drive and Wha- portion of Lot 1, Block 21 taburger Way. Hatch Tract and being all of 5.Case No. 0915-05 Patricia a called 2.00 acre tract coni H.Wallace,Trustee#2:From veyed to Cheryl McLaughlin: the "RS-6" Single-Family 6 and Hatch LLC as recorded District and"FR"Farm Rural in Document No.2014000941 District to the"RS-4.5" Sin- Official Public Records, gle-Family 4.5 District. The Nueces County, Texas and property to be rezoned is being a portion of a called described as being a 115.72- 1.681 acre tract conveyed acre tract-of-_land-.of-Lots -- to Cheryl McLaughlin 22 through 27, Section 25, and Hatch LLC as record- Flour Bluff and Encinal Farm ed under Document No. and Garden Tracts, located 201401834 Official Public along the south side of York- Records, Nueces County, town Boulevard between Texas and being a portion of Fred's Folly Drive and Starry a called 1.13 acre tract con- Road. veyed to John A,McLaughlin 6. Case No. 0915-06 Point as recorded in Volume 1828, Development,LLC:From the Page 244, Deed Records, "FR" Farm Rural District to Nueces County,Texas,locat- the "CG-2" General Com- ed at 3101 Up River Road. mercial District.The proper- 2.Case No.0915-01 Al Devel- ty to be rezyned is described opulent,Inc.:From the"RS- as being a 0-acre;tract of 6" Single-Family 6 District land o of the east half of to the "RM-1" Multifamily Lot 8,Section 21,Flour Bluff 1 District.;The property to and Encinal Farm and Gar- be rezoned is described as den Tracts, located on the being a 14.25 acre tract of southwest corner of Airline land out of a 91.594 acre Road and Rodd Field Road. tract of land as record- Information may be obtained ed in"Document Number by calling or visiting the 2012050691, Deed Records Department of Development of Nueces County, Texas, Services at (361) 826-3240, located approximately 260 2406 Leopard Street. feet south of Northwest /s/Rebecca Huerta Boulevard(FM 624)between City'Secretary CR 73 and FM 1889. A PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 771586 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 REPRESENATIVE 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 Patricio, Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 11/02/15 Mon CC-Internet - caller.com 11/0 15 Mon LEGAL SALES REPRESENTATIVE On this (.0 day of flb k_rnb , 20 I certify that the attached document is a true and exact copy made by publisher. Notary Public, State of Te s MICHELLE JOYCE CABRERA My Commission Expires ' March 19,2016 E Or IES •%I Z t ICON tifg ;rid CALLER-TIMES a Monday, November 2,Z:'i5 1 3E Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO. 030663, Ordinance amending the Unified Devel- opment Code _("UDC"), upon application by Cher- yl McLaughlin & Hatch, LLC ("Owner"), by changing the - Permit; NO. 030666, Ordi- UDC Zoning Map in refer- nance amending the Unified ence to a 9.16 acre tract of Development Code ("UDC"), land out of the E Villareal upon application by TWF Survey being a portion of Partners,LLC("Owner"),by Lot 1, Block 2, Hatch Tract , changing the UDC Zoning and being all of a called 2.00 Map in reference to Lot 11-D, ' acre tract conveyed to Cher- Block 4, Parkdale Village, yl McLaughlin and Hatch LLC from the"RM-1"Multifamily as recorded in Document 1 District to the"ON"Office No.2014000941 Official Pub- District; NO. 030667, Ordi- lic Records, Nueces County, nance amending the Unified Texas and being a portion of Development Code ("UDC"), a called 1.681 acre tract con- upon application by Patri- veyed to Cheryl McLaughlin cia H. Wallace, Trustee #2 and Hatch LLC as record- ("Owner"), by changing the ed under Document No. UDC Zoning Map in refer- 201401834 Official Public ence to a 115.72-acre tract of Records, Nueces County, land out of Lots 22 through Texas and being a portion of 27, Section 25, Flour Bluff a called 1.13 acre tract con- and Encinal Farm and Gar- veyed to John A.McLaughlin den Tracts,from the"RS-6" as recorded in Volume 1828, Single-Family 6 District and Page 244, Deed Records, "FR" Farm Rural District to Nueces County, from the the "RS-4.5" Single-Fami- RMH" Manufactured Home ly 4.5 District; NO. 030668, District and "RS-6" Sin- Ordinance amending the gle-Family 6 District to the Unified Development Code "RV" Recreational Vehicle ("UDC"), upon application Park District; NO. 030664, by Point Development, LLC Ordinance amending the ("Owner"), by changing the Unified Development Code UDC Zoning Map in refer- ("UDC"), upon application ence to a 10-acre tract of by Al Development, Inc. land out of the east half of ("Owner") by changing the Lot 8,Section 21,Flour Bluff UDC Zoning Map in refer- and Encinal Farm and Gar- ence to a 14.25 acre tract den-Tracts,-from -the-=—"FR" of land out of a 91.594 acre Farm Rural District to the tract of land as record- "CG-2"General Commercial ed, in Document Number District;amending the Corn- 2012050691,Deed Records of prehensive Plan to account Nueces County,Texas,from for any deviations;and pro the "RS-6" Single Family 6 viding for a repealer clause District to the"RM-1"Multi- and publication.These ordi- family 1 District;NO.030665, ' nances were passed and Ordinance amending the approved on second reading Unified Development Code by the Corpus Christi City ("UDC"), upon application 'Council on October 27,2015. by D.L. Johnson ("Owner"), /s/Rebecca Huerta by changing the UDC Zoning City Secretary Map in reference to Lots 5,6, 7 and 8,Block 1,Rhew Indus- trial Tracts Unit 1,from the "IL" Light Industrial District to the "IL/SP" Light Indus- trial District with a Special