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Home My WebLink About025787 ORD - 06/08/2004Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY FARRELL M. SMITH, BY CHANGING THE ZONING MAP IN REFERENCE TO H.B. SHEPARD FARM LOTS, BEING 1{) ACRES OUT OF LOT 9, (CURRENTLY ZONED "1-2" LIGHT-INDUSTRIAL DISTRICT) BY GRANTING A SPECIAL PERMIT FOR AN ASPHALT CONCRETE MIXING PLANT WITH ABOVEGROUND FUEL TANKS AND STORAGE, SUBJECT TO A SITE PLAN AND FOUR (4) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Farrell M. Smith 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 5, 2004, during a meeting of the Planning Commission, and on Tuesday, June 8, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, 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 granting a Special Permit for an asphalt concrete mixing plant with aboveground fuel tanks and storage and subject to a site plan and four (4) conditions on H. B. Shepard Farm Lots, being 10 acres out of Lot 9, (currently zoned "1-2" Light Industrial District), located along Bronco Road and 3,050 feet north of State Highway 44, as shown on the attached Exhibit. (Map K12 C and D) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the attached site plan and four (4) following conditions: USES: The only uses authorized by this Special Permit other than those uses permitted by right in an "1-2" District is a asphalt concrete mixing plant with above ground fuel tanks and storage. H:~EG-DIR~IOSEPH~ZONING-04\0504-02SPECIALPERMIT DOC Page 2 of 4 INTERNAL PROCESSING AREA AND ABOVE GROUND FUEL TANKS: The site includes cold aggregate bins and conveyors, RAP bins and conveyors, drum mixer, one (1) asphalt cement storage tank (capacity 22,000 gallons), one (1) No. 2 fuel oil tank (capacity 18,000 gallons), one (1) waste oil fuel tank (capacity 9,000 gallons), bag house, drag slat conveyor, product storage silo, truck load- out, and lime silo. The highest structure within the area is no more than 40 feet measured from the ground surface. INTERNAL AGGREGATE STORAGE: Outside storage of plied crushed rocks is allowed within the subject property. The outside storage must be screened from the public-right-of-way and adjacent properties with a solid screening fence having a height of not less than six (6) feet. The outside storage may not be located in the required minimum building setbacks. TIME LIMIT: This Special Permit shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as 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. 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 (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) 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 8th day of June, 2004. H: ~_ E G - D I R~J O S E P H ~O N I N C-:-:-:-:-:-:-:-:-:~504~2 S P E C IA L P E RM IT. D O C Page 3 of 4 ATTES~ Armando Chapa City Secretary APPROVED J ~.. ~ '~ 2004 Joseph a~mey~/~ ~ Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Mayor, The City of'Corpus (3'hristi H:~. E C,--DIR~IOSE P H~_ON lNG -04~0504-02S PECIALP E RMIT.DOC Page 4 of 4 Corpus Christi, Texas ~'1" day of 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. Ih~ve, 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, Samuel~L./-Neal, j~ ~' ~x' Mayor, The City of Corpus Christi Council Members William Kelly Rex A. Kinnison Jesse Noyola Mark Scott The above ordinance was passed by the following vote: Samuel L. Neal, Jr. ~b~ Brent Chesney Javier D. Colmenero Melody Cooper '~ Henry Garrett H:%E G-DI R',JOSEP H~_ON I NG-O4\0504-02S P EC[ALP E RMIT. DOC ! JUN-5-2004 14:58 FROM:CITY OF CORPUS CHRIS 3618265560 TO:988E~259 ALPINE MINERAL PROCESSING N ,2 MEXICAN RAILWAY CORPUS CHRISTI INTERNATIONAL AIRPORT LOCATION MAP SCALE: 1"= 1000' Corpus C/~ri~ti, Tx. 78404 (361) ~2-5521 (phone) No.. 04012 Sc~l/o.- 1'~ 1000' D<; to.' 04-13--04 DroWn9 N~' 04012 P/o tsc,~o.- 1:1 Sheet 1 of 2 JUN-3-20~4 14:59 FROM:CITY OF CORPUS CHRIS 3610263S60 ,.39.0671 ACRES OF LOT 14- H.B- SHEPPARD FARM LOTS VOL A, PG..51 M.R-N_C.T. MINERAL PROCESSING & Ivl,a~KETING, INC, CLERK ~LE ~ 2004007774 OFFqCAL RECORDS NUECES COUNTY, TEXAS T0:9880~59 P.3/4 i 10_0 ACRES NORTH PORTION OF' LOT 9 H-8. SHEPPARD FARM LOTS VOL A. PC;. 51 M.R-N,C.T. $8g' 14'46'W 1288.17' LOT g H.B- SHEPPARD FARM LO"FS VOL. A, PG. 51 M R_N.C.T. iI N TRACT TO BE REZONED Boss ~ Welsh Eng/neer/ng 3054 So. ~damed~ St. Corpus Christi. Tx. (361) ~2--5521 (phone) .~~ (361) ~2-1265 (fox) Job No: 04012 $c~' 1 '-200' Dot~. 04-13--04. Orew/n~ No: 04012 Plotsc=l~' 1:1 S~eet 2 of 2 ~,~ JUN-5-200q 15:00 FROM:CITY OF CORPUS CHRIS ~61826~560 T0:9880~2~9 P.4/4 BASS & WELSH ENGINEERING PH. 3el 882-5521 FA.X3el a82-126a Croa~town A~r~ - Preliminary Pl~t Field Not~ Des~iptJon State of Texas § C~unty of Nueces § Berg a tract situat~l in Corpus Chrts~ Nueces County Te3ms, a porlion of Lot 9, H.B. ~3tepe~l Fa~n L~S, ~,'~ show~ on me map l~ereof recon:led In Volume 'A' at Page 51, of the Map Records of Nue~es County, Te~s end being mom per~cularty de~ by metes and bounds as toilows; BEGINNING at a po~t In the wesl right-of-way of the ~0 foot wide Bronco Road in the east~lne of Lot g, wheftce the no~'tea~t comer of Lo{ 9 beam NO'40'2T'W at 338,15 ~ thence cofltinuing ~40'27'E along Ihe ee~flna of Lot 9 and the we~t right-of-way of Bronco Road · d~qce 338.15 foot to a 5/~ inch iron rod set I'or the southea's~ c~3mer of this t~'act; '~hence S89'14'46'W across Lot 9, a distance of 1288.17 feat to a 5~8 Inch Iron rod set in the we~t line of Lot for th~ soultw~st comer of this tract;, Thence N0°47'2~'W along the wes~ne of Lot 9, a distance 337.97 feet to a 5/~ inch Iron md f~und for the normwest comer or' mis Thence N89'14'I7'E across Lot 9 a d~tance 1288.86 feel to the POINT OF BEGINNING forming a ~ct embracing 1O.O acres. MB J: sJh Note: Bearings are State of Te~s Lambert G~I, South Zone, NAD 1983, U.S. Feet PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS: CITY OF CORPUS CHRISTI Ad # 4900425 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of 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, dim Wells, Karnes, Kenedy, Kleberg, L~ve Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the pubhcat~on of, NOTICE OF PUBLIC HEARING TO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 24TH day(s} of MAY, 2004. ,, ~-_. ~. 85_50 '4qW(5~2 ) Time(s} Credit Manager Subscribed and sworn to me on the date of MAY 25, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. D~S/Corpua Chdeti galle~-TImea, Monday. M,~,, ~a Pno4 HEARING TO THE CITY OF N~ · ~ ~en In law ~ha[ the Clly z~ ~(s) ~ ~n al (~1) ~ ~, 2~ L~ State oI~']~j~ [6 ~ ~ ~ r i exas Coun~ of Nueces } PUBLISHER'S AFFIDAVIT SS: CITY OF CORPUS CHRISTI Ad # 4920366 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of 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 Hog, g, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES which the annexed is a true copy, was inserted in the Corpus Christi Calle~Times and on the World Wide Web on the Caller-Times Interactive on the 14TH day(s) of JUNE, 2004. $152.50 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of JUNE 15. 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Chdsti Caller-Times, Monday, June 14, 2004~D~ OF ORDINANCES NO. ~25'/'88, amending from 'R-lB' One- war~housea and (4) ~ above,round Fuel ~r(4)~ amendln