HomeMy WebLinkAbout030911 ORD - 08/09/2016 Ordinance amending the Unified Development Code ("UDC"), upon
application by Isaias Franco ("Owner"), by changing the UDC Zoning
Map in reference to Tract 1, described as a 4.00-acre tract, to the
"IL/SP" Light Industrial District with a Special Permit for a concrete
batching plant, and in reference to Tract 2, described as a 25.003-acre
tract, to the "IL" Light Industrial District, both tracts being out of the
Anthony C. Page Survey 591, Abstract 1010 and the A.M. French
Survey 312, Abstract 1018; 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 Isaias Franco ("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, June 29, 2016, during a meeting of the Planning Commission when the
Planning Commission recommended approval of the change of zoning from the "R-MH"
Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit
for a concrete batching plant on Tract 1 and to the "IL" Light Industrial District on Tract
2; and on Tuesday, July 26, 2016, 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 Isaias Franco ("Owner"), the Unified Development
Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the
UDC Zoning Map in reference to Tract 1, described as a 4.00-acre tract, to the "IL/SP"
Light Industrial District with a Special Permit for a concrete batching plant, and in
reference to Tract 2, described as a 25.003-acre tract, to the "IL" Light Industrial District,
both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M.
French Survey 312, Abstract 1018 (Zoning Map No. 056045), as shown in Exhibits "A",
"B", "C", and "D". Exhibit A, which is a metes and bounds description of Tract 1, Exhibit
B, which is a metes and bounds description of Tract 2, Exhibit C, which is a map of
Tracts 1 and 2, and Exhibit D, which is a site plan of Tract 1, 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 complying with the following conditions:
Page 1 of 3
03091A.
1
INDEXED
't. 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 shall be controlled at both the operation of
the batch plant and at the stockpile so that it does not drift across the approach
to/from airport runways as indicated in the Airport Hazard Map attached.
3. Lighting: All light shall be directed downward and shielded. Lighting shall not be
directed toward any of the airport approach/departure paths or towards the control
tower.
4. Access: Vehicular access shall be allowed in accordance with the UDC.
5. Screening and Buffering: Screening and buffering shall be required in accordance
with the UDC.
6. Noise: The applicant shall comply with the City's Noise Ordinance.
7. Hours of Operation: Operations of the concrete batch plant are limited between
6:00 A.M. and 6:00 P.M.
8. Other Requirements: The Special Permit conditions do not preclude compliance
with all applicable UDC, Building Code, and State and/or Federal requirements.
9. 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.
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. The change of zoning does not result in an amendment to the Future
Land Use Map, an element of the Comprehensive Plan.
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.
Page 2 of 3
SECTION 7. Publication shall be made in the City's official publication as required by
the City's Charter.
The foregoingrdinance was re d for the first time a d passed to its second reading on
this the at-Pay of , 201((), by the following vote:
Nelda Martinez AL Brian Rosas 01/ 1/1/j
Rudy Garza a. . A! Lucy Rubio i .A
i
IAj•Michael Hunter Mark Scott . .,,;
Chad Magill (A ,! Carolyn VaughniIII_ A/
I
Colleen McIntyre �.A.
The foregoi rdinance wa read for the second time and passed finally on
this the ay of / .4---- , 20 j tby the following vote:
ifNelda Martinez IL. A ° Brian Rosas / ,
_
Rudy Garza .: A: Lucy Rubio 1_
Michael Hunter t_�� Mark Scott .`AA.
Chad Magill S :,� Carolyn Vaughn / 4
Colleen McIntyre
ge, • I
/
gdayof
PASSEDANDAPPROVEDthisthe , 20 l X2
ATTEST:
1-- tela_e_.e, ..t-f,_41Lic(24r-ti:t C(\.\11
Rebecca Huerta Nelda Martinez
City Secretary Mayor
EFFECT i', E DATE
--K-A.:1:.. It vc I ING CASES\2016\0616-06 Isaias Franco\Council Documents\Ordinance SP-Isaias Franco.docx
Page 3 of 3
03091
STATE OF TEXAS
COUNTY OF NUECES '
Tract 1
Field-Notes of a 4.000 acre tract being out of the 24.62 acre Kirchberg tract as described in a deed
recorded in Document No.900502,Deed Records Nueces County,Texas. Said 4.000 acre tract also being
out of the Anthony C. Page Survey 591,Abstract 1010 and the A.M. French Survey 312,Abstract 1018.
Said 4.000 acre tract being more particularly described as follows:
COMMENCING at a found 5/8"iron rod in the east right of way of Rhew Road,for the southwest
corner of Lot 18,Rhew Industrial Tracts Unit 1,Volume 67,Page 174,Map Records Nueces County,
Texas, in the common line of said Lot 18 and the 80 foot detention basin as described in a deed recorded
in Document No.2008030157,Deed Records Nueces County,Texas,from WHENCE a found 5/8"iron
rod in the east right of way of Rhew Road,for the northwest corner of Lot I,and for the southwest corner
of the Geo Worthley tract as described in a deed recorded in Volume 2261,Page 651,Deed Records
Nueces County,Texas, bears North 01°27'16"West,a distance of 2,084.26 feet.THENCE South
88°32'44"West,a distance of 5.00 feet to a point in the east right of way of Rhew Road,and for the
lower northwest corner of said 80 foot detention basin.THENCE with the east right of way Rhew Road,
South 01°27'16"East,a distance of 130.00 feet to the southwest corner of the Isaias FrancoTract 11 being
15.85 acres as described in a deed recorded in Document No.2013050881, Deed Records Nueces County,
Texas,for the northwest corner of this survey,and for the POINT OF BEGINNING.
THENCE with the south line of said Isaias FrancoTract 11,North 88°32'44"East,at a distance of 5.00
feet pass a found 5/8" iron rod as an offset in the south line of said Isaias Franco Tract 11,and in all a total
distance of 460.00 feet to a set 5/8"iron rod in the south line of said Tract 11 and for the northeast corner
of this survey.
THENCE South 01°27'16"East,a distance of 378.78 feet to a set 5/8"iron rod for the southeast corner
of this survey.
THENCE South 88°32'44"West,a distance of 460.00 feet to a set 5/8"iron rod in the east right of way
of Rhew Road,and for the southwest corner of this survey.
THENCE with the east right of way of Rhew Road,North 01°27'16" West,a distance of 378.78 feet to
the POINT OF BEGINNING,and containing 4.000 acres of land,more or less.
Notes:
1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum.
2.)A Map of equal date accompanies this Metes and Bounds description.
3.)Set 5/8"iron rod=iron rod set with yellow plastic cap labeled Brister Surveying.
1, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made
on the ground this day December 4.2015 and is correct to the best of my knowledge and belief.
1?,naa2&�3rua.
Ronald E. Brister,RPLS No. 5407
Date: December 9,2015.
"a&*EQo 4q�,
RONALD E BRISTER
' • 5407o1� '
Job No. 151950 SVRO
Exhibit A
Tract 2
Field Note Description
25.003 Acre Tract
Being a tract situated in Nueces County,Texas, portions of the Anthony C. Page Survey 591,Abstract
1010 and the A.M French Survey 312,Abstract 1018 and being a portion of that 150 acre tract conveyed
to J.B Hunter by R.L.Schoaf as described in the deed dated April 18, 1902 and recorded in Volume 9,
Page 255,Deed Records of Nueces County,Texas and being more particularly described by metes and
bounds as follows:
BEGINNING at a cotton spindle set in the centerline of Rhew Road, in the east line of a 69.265 acre tract
surveyed by Brister Surveying on January 6, 2014,for the northwest corner of the Bell Property
Management,LTD 30 acre tract as described in a deed recorded in Document No. 2010036147, Deed
Records Nueces County,Texas, and for the southwest corner of this survey,from WHENCE a 60d nail
found in the intersection of Rhew Road and Sedwick Road bears South 01°27'30" East,a distance of
994.21 feet;
THENCE with the centerline of Rhew Road, North 01°27'30"West,a distance of 538.70 feet to a point
in the east line of said 69.265 acre tract and for the northwest corner of this survey;
THENCE North 88°32'44" East,a distance of 460.00 feet,at a distance of 30 feet past a 5/8" iron rod
found in the east line of Rhew Road to the interior northwest corner of this survey;
THENCE North 01°27' 16"West 378.78 feet to the northwest corner of this survey;
THENCE North 88°33'56" East,a distance of 904.23 feet to a 5/8" iron rod found in the west line of the
Isaac Franco 20 acre tract as described is a deed recorded in Document No. 2012013727, Deed Records
Nueces County,Texas,for the southeast corner of said 15.845 acre tract,and for the northeast corner of
this survey,from WHENCE the southeast corner of the Eleanor Tract Subdivision Tract 1 as shown on a
plat recorded in Volume 34, Page 36 of the Map Records Nueces County,Texas bears North 01°37'54"
East,a distance of 1,496.45 feet;
THENCE with the west line of said 20 acre tract,South 01°37'54" East,a distance of 932.76,for the
southeast corner of this tract,WHENCE a 2" iron pipe found in the north right of way of Sedwick Road
bears South 01°37'54" East,a distance of 956.17 feet;
THENCE with the south line of this tract and the north line of said 30 acre tract,South 89° 12' 21"West,
at a distance 30 feet past the east line of Rhew Road,a total distance of 1367.14 feet to the center of
Rhew Road to the point of beginning of this tract containing 25.003 acres.
Exhibit B
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Date Created:6/14/2016
0 400 800 Pre aced By:JeremyM
Feet Department of D;elopmenr Services
CASE: 0616-06 -y.; ,.
SUBJECT PROPERTY WITH ZONING F-
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Subject 0s
Property - __ i \,
SUBJEGf. `'
RM-1 Multifamily 1 IL Light Industrial g PROPERTY \- l!
RM-2 Multifamily 2 IH Heavy Industrial —�g •
'n
RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay Z D
ON Professional Office RS-10 Single-Family 10 ¢ - /
RM-AT Multifamily AT RS-6 Single-Family 6 i
CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 C
CN-2 Neighborhood Commercial RS-TF Two-Family ;
CR-1 Resort Commerciala 2Y
RS-15 Single-Family 15 \
CR-2 Resort Commercial RE Residential Estate ‘`,,s 1 u
CG- General Commercial RS-TH Townhouse
CG-22 General Commercial \
Cl Intensive Commercial SP Special Permit
1
RV Recreational Vehicle Park N 1
CBD Downtown Commercial RMH Manufactured Home .ACNES—i--_r =
CR-3 Resort Commercial
FR Farm Rural
'...(
H Historic Overlay S '\I� City of
BP Business Park 'J Corpus i
LOCATION MAP Christi
Exhibit C
Site Plan
Vacant Land
North'
electrical overhead,__..
RHEW ROAD (Paved),
_ 8"sewer
electrll overhead •
25' Setback Agregate Bin err.. WL
H2O Bin,
Storage
Trt
AFH Exist
t
25' Setback,
8" sewer line
1 1 lat ti
,Cement Storage
+Parkingl { 1 t
Tx Dot 247 Base
Zone RMH Existing
Proposed 11 Zone/SP Penult
t
FOUR ACRE SITE PLAN
PROPOSED PORTABLE CONCRE el SStnat A
SCALE 1" - 100'
Exhibit D
c
Po
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 1170075
PO #
Before me. the undersigned, a Notary Public. this da) personally came lam(. La bock, . ho
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 Culler-Tunes on:
CC-Corpus Christi Caller-Times 07/10/16 Sun
CC-Internet - caller.com 07/10/16 Sun
L • L SALES REPRESENTATIVE
On this day of TA-A, Lk. , 20 l (4,1 certify that the attached document is a true
and exact copy made by publisher.
gib
Notary Public, State of Texas
MICHELLE JOYCE CABRERA
My Notary ID#124864163
`".. Ez resMarcnlo.:020
0Z :(i 9 :1'111V 910Z
6E»Sunday,July 10,2016»CALLER-TIMES
Legals
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 July 26,2016 during a reg-
ular Council meeting which
commences at 11:30 a.m. in
the Council Chambers, City
Hall,1201 Leopard Street,to
consider the following zon-
ing application(s) which is/
are on file in the Department
of Development Services.At
said time&place of hearing,
persons&parties interested
may appear before the City
Council:
Case No. 0616-05 CCSemloh
Partnership, Ltd.: From
the "RE" Residential Estate
District and "CG-1" General
Commercial District to the
"CG-2" General Commercial
District. The property to
be rezoned is described as
Tract 1: Being 10.536 acres
out of Lots 6 and 11,Section
48, Flour Bluff and Encinal
Farm and Garden Tracts and
Tract 2: Being 0.552 acres
out of Lots 7 and 10, Sec-
tion 48 of the Flour Bluff
and Encinal Farm and Gar-
den Tracts, located on the
south side of Compton Road
approximately 1,250 feet
west of Waldron Road.
X"Case No. 0616-06 Isaias
Franco: From the "R-MH"
Manufactured Home Dis-
trict to the "IL/SP" Light
Industrial District with
a Special Permit on Tract
1 for a concrete batching
plant and to the "IL" Light
Industrial District on Tract
2. Tract 1 is described as a
4.00-acre tract and Tract 2 is
described as a 25.003-acre
tract, both tracts being out
of the Anthony C. Page Sur-
vey 591, Abstract 1010 and
the A.M. French Survey 312,
Abstract 1018, located on
the east side of Rhew Road
between Leopard Street and
Sedwick Road.
Information may be obtained
by calling or visiting the
Department of Development
Services at (361) 826-3240,
2406 Leopard Street.
/s/Rebecca Huerta
City Secretary
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 1221175
PO #
Before me, the undersigned, a Notary Public, this day personally came G. La Lacon , 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 08/15/16 Mon
CC-Internet - caller.com 08/1 /16 Mon
LEGAL SALES REPRESENTATIVE
On this I Yday of , 20 1 C-P I certit that the attached document is a true
and exact copy made by publis r.
Notary Public, State of Texas
""Y°`*' MICHELLE JOYCE CABRERA
My Notary ID#124864183
E• .= Expires March 19,2020
4E» Monday,August 15, 2016»CALLER-TIMES
Legals
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 030910, Ordinance
amending the Unified Devel-
opment Code ("UDC"), upon
application by CCSemloh
Partnership,Ltd.("Owner"),
by changing the UDC Zoning
Map in reference to 10.536
acres out of Lots 6 and
11, Section 48, Flour Bluff
and Encinal Farm and Gar-
den Tracts (Tract 1) from
the "RE" Residential Estate
District and "CG-1" Gener-
al Commercial District to
the "RE/SP" Residential
Estate District with a Spe-
cial Permit for a boat and
recreational vehicle storage
facility, and in reference to
0.552 acres out of Lots 7 and
10, Section 48, Flour Bluff
and Encinal Farm and Gar-
den Tracts (Tract 2) from
the "RE" Residential Estate
District and "CG-1" General
Commercial District to the
"CG-2" General Commercial
AtDistrict;
NO. 030911, Ordinance
amending the Unified Devel-
opment Code ("UDC"), upon
application by Isaias Franco
("Owner"), by changing the
UDC Zoning Map in refer-
ence to Tract 1,described as
a 4.00-acre tract,to the"IL/
SP" Light Industrial District
with a Special Permit for
a concrete batching plant,
and in reference to Tract 2,
described as a 25.003-acre
tract,to the"IL"Light Indus-
trial District, both tracts
being out of the Anthony C.
Page Survey 591, Abstract
1010 and the A.M. French
Survey 312, Abstract 1018;
amending the Comprehen-
sive Plan to account for any
deviations;and providing for
a repealer clause and publi-
cation.
These ordinances were
passed and approved on
second reading by the Cor-
pus Christi City Council on
August 9,2016.
/s/Rebecca Huerta
City Secretary