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Home My WebLink About029004 ORD - 03/22/2011Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY COMMERCIAL METALS COMPANY, BY CHANGING THE ZONING MAP IN REFERENCE TO 63.785 ACRES OUT OF H.B. SHEPPARD FARM LOTS, LOT 4 AND A PORTION OF LOT 9 AND A PORTION OF THE G.C. & S.F. RAILWAY COMPANY SURVEY NO. 315, LOCATED ALONG THE WEST SIDE OF BRONCO ROAD, APPROXIMATELY 245 FEET NORTH OF AGNES STREET, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO THE "I-2/SP" LIGHT INDUSTRIAL DISTRICT, WITH A SPECIAL PERMIT FOR A SCRAP METAL PROCESSING PLANT, SUBJECT TO A SITE PLAN AND SIX (6) 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 Commercial Metals Company, 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 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 63.785 acres out of the H.B. Sheppard Farm Lots, Lot 4 and a portion of Lot 9 and a portion of the G.C. & S.F. Railway Company Survey No. 315, located along the west side of Bronco Road, approximately 245 feet north of Agnes Street, from an "1-2" Light Industrial District to an "1-2" Light Industrial District with a Special Permit for a scrap metal processing plant, subject to a site plan, and the following six (6) conditions. (Zoning Map 056043) (Exhibit A — Site Plan; Exhibit B — Planning Commission and Staff's Recommendation). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. Uses: All uses permitted in the "1-2" Light Industrial District with the addition of a scrap metal processing plant which includes the processing, reduction and H:ILEG-DIRIShared\LEGAL-DEV.SVCS12011 AgendalCommercial Metals Company13-10-11ORD-zoning-special permit,I-2 to 1-2- SP.FinaI.DWB..doc 029004 INDEXED Page 2 of 4 transporting of ferrous and non-ferrous scrap metals. Mechanical and physical operations shall include but are not limited to the shredding, shearing, baling, compressing, chopping, cutting, torching, and otherwise processing of scrap metals to render them usable as raw materials in the production of new metals products, and all related incidental uses. The following uses specifically are not permitted: foundries, forging, or blast furnace operations for smelting of metals and alloying. 2. Zoning Board of Adjustment Approval: The above uses must be reviewed and approved by the Zoning Board of Adjustment prior to the issuance of a building permit. 3. Height Limitation: No structure, whether temporary or permanent, shall exceed 55 feet in height above ground level. 4. Detention Facilities: Any detention ponds or other on-site drainage facilities shall be constructed and maintained in a manner that do not create above- ground standing water for more than a maximum of 48-hour detention period after the design storm and remains completely dry between storms. 5. Federal Aviation Administration Compliance: The permittee shall comply with all applicable Federal Aviation Administration regulations. 6. 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 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. 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. H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 AgendalCommercial Metals Company13-10-11 ORD -zoning -special permit.1-2 to 1-2- SP.Final.DWB..doc Page 3 of 4 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 hat this ordinanc is passed upon first reading as an emergency measure on this Z? day of C , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adafne City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: March 10, 2011 ,ie_r{c6g, eborah Walther Bro Assistant City Attorney For City Attorney H:1LEG-DIRISharedlLEGAL-DEV.SVCS12411 AgendalCommercial Metals Company13-14-11ORD-zoning-special permit.1-2 to 1-2- SP.Final.DWB..doc Page 4 of 4 Corpus Christi, Texas 'day of Ma, , 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, Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame P Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez �IiIV� Mark Scott /Iv/ Linda Strong /45e -A - EFFECTIVE DATE Ck 4T1,761( H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 AgendalCommercial Metals Company13-10-11ORD-zoning-special permit.1-2 to 1-2- SP.FinaI.DWB..doc 029004 CASE NO. 0111-02 SITE PLAN EXHIBIT A SUBJECT PROPERTY CASE: 0111-02 EXHIBIT B PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: 1-2 TO: 1-2/SP ORDINANCE NO, suaJgcr PROPERfl LOCATION MAP 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