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Home My WebLink About028164 ORD - 05/12/2009Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MELVIN LITTLETON, GENERAL PARTNER, LFP UNIMPROVED INVESTMENTS, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO 82.403 ACRES OUT OF J. W. WATERBURY SURVEY 596, LAND SCRIP 167, MUSTANG ISLAND, NUECES COUNTY, TEXAS, FROM "F -R" FARM AND RURAL DISTRICT TO "F-RISP" FARM AND RURAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR CONSTRUCTION OF AN EQUIPMENT STORAGE BUILDING, SUBJECT TO A SITE PLAN AND NINE (9) 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 Melvin Littleton, General Partner, LFP Unimproved Investments, Ltd., 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, March 4, 2009, Wednesday, March 18, 2009, during meetings of the Planning Commission, and on Tuesday, May 12, 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 82.403 acres out of J. W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Texas, located approximately 1.0 miles north of Mustang Island State Park on the north-west side of State Highway 361 and across from the La Concha Subdivision, from "F -R" Farm and Rural District to "F- R/SP" Farm and Rural District with a Special Permit to allow for the construction of an equipment storage building, subject to a site plan, attached, and nine (9) conditions. (Zoning Map 023027) (Exhibit A) (Site plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following nine (9) conditions: A. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "F -R" Farm and Rural District are a sand quarry, 028164 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\5-12\ORD-zoning 0909 -03 -Littleton F -R -special permit Staff-Applicant.doc Page 2 of 4 concrete recycling use, an existing cell tower, and any other use that existed at the time of annexation per state statute. 1. Proposed Building: The site plan shall include an 8,000 square foot equipment storage building. 2. Future Buildings: The site plan shall also indicate an area or areas designated for a "future building(s)" related to the uses described herein. 3. Piles of sand and concrete materials shall not exceed a height of thirty (30) feet. 4. The concrete recycling use shall not include a permanent or temporary concrete production plant as in the nature of a "batch plant". B. Hours of Operation: Business hours are limited to between 7:30 AM and 30 minutes before sunset. C. Screening: A six foot screening fence is required on the property in areas where there are residential structures on lots abutting the property and where such structures are within 100 feet or less of the property. D. Buffer Yards: A 360 foot front yard buffer, where no industrial uses may be established, or a six (6) foot high screening fence shall be maintained by the property owner along the State Highway 361 frontage. At least 60 feet of the buffer yard shall be dedicated as right-of-way per item F. A 20 foot side and rear buffer yard will be maintained by the owner and will remain free of any structures, storage materials or quarry areas. The buffer yards shall be depicted on the site plan. E. Lighting: All new outdoor lighting must be limited to three foot candles at the property line when there is an abutting residence. F. Platting: Recording of a plat for the property with dedication of 60 feet of right- of-way to the City for future expansion of State Highway 361. G. Above Ground Fuel Storage Tanks: Two (2) UL2085 above ground fuel storage tanks not to exceed 5,000 gallons each and depicted on the site plan. Before a building permit is issued to install the tanks, the above ground fuel storage tanks must also be approved by the Zoning Board of Adjustments and the Fire Department. H. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition A and in compliance with all other conditions. Areas designated for future buildings are not subject to a time limit. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\5-12\ORD-zoning 0909 -03 -Littleton F -R -special permit Staff-Applicant.doc Page3of4 Reimbursement of Zoning Fee: Upon dedication of the 60 feet of right-of-way along State Highway 361, staff will, in consideration of the value of the land dedicated, process reimbursement of the zoning fee ($4,896.90). 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 regular meetings so t at this ordinance is passed upon first reading as an emergency measure on this ay of May, 2009. ATTEST: CITY O r CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 4, 2009 debor ItherBr of�p✓ Assistant City Attorney For City Attorney H my Garre Mayor, City •f Corpus Christi H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda \5-12\ORD-zoning 0909 -03 -Littleton F -R -special permit Staff-Applicant.doc Page 4 of 4 Corpus Christi, Texas %oZ day of 0 , 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, Henry Garrtt Mayor, Cit of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez ' U Michael McCutchon 028164 EFFECTIVE DATE H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\5-12\ORD-zoning 0909 -03 -Littleton F -R -special permit Staff-Applicant.doc AT/PUD-/2 BELLA 0 400 800 CASE # 0309-03 Staff and Applicant's Alternative Site Plan and Recommended Conditions From: "F -R" To: A Special Permit with nine (9) conditions subject to a site plan Ordinance No.: (LOCATION MAM PROPERTY • Exhbiit A Exhibit 13 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT ) CITY OF CORPUS CHRISTI ) Ad # 5900809 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 4/27/2009,4/27/2009. $ 294.63 2Time(s) On this 242 day of h79rr, , 26'(I certify that the attached document is a true and an exact copy made by publisher. e1 3/4 MICHELLE JOYCE CABRERA Ci MY COMMISSION EXPIRES March 19,2012 Notary Public, State of Texas • April 27, 2009 • Monday NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S) OF THE CITY OF COR- PUS CHRISTI Notice is hereby given in accordance with the law that the City Coun- cil of the City of Cor- pus Christi will conduct a public hearing on May 12, 2009 during a regular Council meet- ing which commences at 10:00 a.m. in the City Council Cham- bers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said application(s) are on file In+the Office of the City Secretary and the Department of Planning. At said time and place of hearing, all persons and partes interested may appear before the City Coun- cil. The zoning appli. cation(s) to be consid- ered at the hearing are as follows: 1. 0309-03, Melvin Littleton; From a "F- R" Farm and Rural District to an "1-3" Heavy Industrial Dis- trict - Located approxi- mately 1.0 miles north of Mustang. Island State Park on the north-west side of State Highway 361 and across from the La Concha Subdivi- sion. 2. 0409-01, TNT Crane & Rigging, Inc.: From an "1-2" Light Industrial District to an "1-3" Heavy In- dustrial District - Lo- cated on the south side of IH -37 0.16 miles west of Corn Products Road. 3. 0409-02, Morris L. Litchensteln, Jr., Medical Research Foundation: From a "8-3" Business District to a "B-4" General Business District - Lo- cated to the southwest of Corpus Christi Ath- letic Club and fronting on Nodding Pines Drive. 4. 0409-03, Corpus Christi Athletic Club: From a "B-3" Business District to a "8-4" Gen- eral Business District - Located to the south- west of Corpus Christi Athletic Club and front- ing on Nodding Pines Drive. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Se---Ction at (361) 826-3560, 2406 Leopard Street. /s/Armando Chapa I LA - o 8 ` State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5903568 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 Patrick), Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0281 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/18/2009,5/18/2009. $ 323.73 tee LEG 1Time(s) On this I day of is a true and an exact copy made ()WENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 REPRESENTIVE certify that the atta i d document Public, State of Texas t May 18, 2009 a NOTICE OF PASSAGE OF ORDINANCES NO. 028164, Ordi- nance amending the Zoning Ordinance upon application by Melvin Littleton, Gen- eral Partner, LFP Un - Improved Invest- ments, Ltd., by changing the Zoning Map in reference to 82.403 acres out of J. W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces County, Tex- as, from "F -R' Farm and Rural District to "F-R/SP" Farm and Rural District with a Special Permit to al- low for construction of an equipment stor- age building, subject to a Site Plan and nine (9) conditions; NO. 028165, Ordi- nance amending the Zoning Ordinance upon application by TNT Crane& Rig- ging, Inc.,. by chang- ing the Zoning Map in reference to a 375 -Square foot tract out of Interstate In- dustrial Complex, Block 4, Lot 4A, from "1-2" Light. Industrial District to "I-2/SP" Light Industrial Dis- trict with a Special Permit to allow for one (1) UL2085 apnye,grpund,. fuel storage tank not to I exceed 10,000 gal -.1 Ions subject to a Site 1 Plan and four (4) conditions; NO. 028166, Ordinance amending the Zoning Ordinance upon ap- plication by Corpus Christi Athletic Club, Inc., by changing the Zoning Map in refer- ence to 0.673 acres out of Wooldridge Creek Unit 8, Block 1, Lot 1, from "B-3" Business District to "B-4" General Busi- nass District; and NO. 028167, OroI- nance amending the Zoning Ordinance by upon app Morris L.Lichten- stein, Jr. Medical Re- search Foundation, by Chang in references 'ng Map to 3.198 acres eouto of nal FarBm and Garden and Enci- Tract, Section fr12, Lots 6 and 7, "B-3" Business Dis- trict to "B-4"tGeral Business Districent, amending he Com- prehensive Plan to account for any devi- ations from the exist- ing Comprehensive Plan; providing a re- pealer clause; provid- ing a penalty; provid- ing for publication. These ordinances were passed the ap- proved by n Council of of Corpus ChristiCityon May 12, 2009. /s/ Armando Chapa City Secretary City of Corpus Christi I—_