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Home My WebLink About025597 ORD - 12/16/2003Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PAUL S. VERA, BY CHANGING THE ZONING MAP IN REFERENCE TO LAGUNA ACRES, BLOCK 1, LOT 12 AND A PORTION OF LOT 11, (CURRENTLY ZONED "R-lB" ONE-FAMILY DWELLING DISTRICT AND "B-I"/SP NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT) BY GRANTING A SPECIAL PERMIT FOR AN AUTO REPAIR USE AND TO CORRECT THE BUILDING EXPANSION SETBACK SUBJECT TO A SITE PLAN AND TEN (10) 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 Paul S. Vera 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, June 18,2003, during a meeting of the Planning Commission, and on Tuesday, November 18, 2003, 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 granting a Special Permit for an auto repair use and to correct the building expansion setback subject to ten (10) conditions, on Lot 12 and a portion of Lot 11, Block 1, Laguna Acres, (currently zoned "R-lB" One-family Dwelling District and "B- I"/SP Neighborhood Business District with a Special Permit), located at the southeast corner of Horne Road and Teresa Street, as shown on the attached Exhibit A. (Map J14D) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following ten (10) conditions: ALLOWED USES: The only use authorized by this Special Permit other than those uses permitted by right in the "R-1B" One-family Dwelling District and the "B-I"/SP Neighborhood Business District with a Special Permit is an auto repair H:\LEG-DIR~JOSEPH~ZONING\0603-04ZONINGSP DOC Page 2 of 4 10. use limited to minor and major automotive repair. All automotive repair must be done within an enclosed building. VEHICL£$: All vehicles stored on the premise must have a valid pending work order and must have a valid State inspection and license sticker. Wrecked vehicles and auto salvage are prohibited. FLOOR AREA: The total floor area used for the automotive repair use may not exceed 4,431 square feet, as shown on the attached site plan. SCREENING A standard screening fence with a height of not less than six (6) feet must be installed and maintained along the south and east property lines. Along the east property line and ten (10) feet from the Horne Road right-of-way line, the screening fence must have a height of three (3) feet. Within ten (10) and fifteen (15) feet from the Home Road right-of-way line, the screening fence may transition from six (6) feet to three (3) feet. The screening fence must be installed within 180 days from the date of this ordinance. LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be located along the Horne Road and Teresa Street rights-of-way. The landscaping strip must contain at least two (2) canopy trees along Horne Road, three (3) canopy trees along Teresa Street, hedges with a height of three (3) feet and a ground cover. All landscaping must be installed within 180 days from the date of this ordinance and must be kept in a healthy and growing condition at all times. PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback of ten (10) feet along the east property line of Lot 12 to accommodate the existing structure on Lot 12 and a portion of Lot 11. HOURS OF OPERATION: The permitted automotive repair use is limited to the hours between 6:30 a.m. and 7:00 p.m. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and adjacent public right-of- way. PARKING AREA: The off-street parking area and the maneuvering area must be improved with a minimum 2-inch layer of asphalt. All off-street parking spaces must be striped according to City standards. TIME LIMIT: This Special Permit shall be deemed to have expired within 180 days of the date of this ordinance unless the property is being used as outlined in condition #1, which includes obtaining a building permit for the existing expansion; a Certificate of Occupancy, and is in compliance with all other conditions. H:\LEG-DIR~JOSEPH~ZONING\0603-04ZONINGSP.DOC Page 3 of 4 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 ('/) 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 18th day of November, 2003. ATTE~ Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI SM~r~oUre, T~e ~'~t~ o;'Corpus ~risti APPROVED ~?__,,,,,~.~.,~ /? Joseph Harney Assistant City Attorney For City Attorney 2003 H:\LEG-DIR~JOSEPH~ONING\0603-04ZONINGSP.DOC Page 4 of 4 Co, rpus Christi, ~exas (~,~'~day of ~2~, 2003 I 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. Respectfully1 Respectfully, Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. ~-~ '.~ Brent Chesney Javier D. Colmenero c"~' Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola J Mark Scott ~c,I/z.__ J H:\LEG-DIR~JOSEPH~.ONING\0603~04ZONINGSP.DOC 8-06-283 11:32AM FROH PLANNING B12 888 3598 P. 10 tIllI l! , ~i III I 0 0 0 O0 0 0 TERESA STR E E"r MEDINA ENGINEERING & SURVEYING PUBLISHER'S AFFIDAVIT State b~ Texas } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 4626606 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, ,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 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 4TH day(s} of AUGUST, 2003. $319.98 TWO (2 } Time(s} Credit Manager Subscribed and sworn to me on the date of AUGUST 05, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. D10/Cor Christi Caller-Times 2003 HEARING CONSIDER APPLICATION(S) THE CITY CORPUS CHRISTI given in accordance with law that the Council of the Corpus Christi conduct a public hearing on Tuesday, August 19, 2003, during a regular Council meeting which commences at 2:00 p.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning at~olication(s) ct which ssld applicedons are on file i~ the Office of the City Secretary and the Department of Planning. At said time and place of hearing, ii.re,sled mw appear before the City Council. The zoning .alpplloatlon(a) to be considered at the hearing are ss follows: 1. 0603-02, Mike Yarbrough: "R-lb" One-family Dwellln District to "B-1~ Neighborhood Business District- Located on the side of Aidine Road and 600 feet south of Holly Road, (Re- sct~duled from 7/15/ 03 due to Hurrican~ Claudette) 2. 060~-04, Paul S. Vera: "R-lb" One-Family DwellS District and "B-ln~ Neighborhood Distr~t with 8 Special Pemllt Bpsinesa District - Located at the Horns Road and 0~, Coes~l King, Ltd.: '~-1' Neighborhood Business District an~ A &rtment House General Businsaa of Cros$lewn Ex~sssway ~ the nedhesst Rain/slat S1re~. 4. e~d "B.4" GanerM B~nsss Disl~ to 2" Light tn~#~trtat ~-L~ of Knic k2i~ll~k~ a ~e~ a~ with Spscial EVents - Located on the west side of Ocean Drive, approxim~taly 200 feet south of Hewer Drive. 6. 0703-01, Bryan Tucke~: 'R-2" Multiple Dwelling District to "R- 1C" One-family Dwelling District - Located north of 3ounty Road 26A and ~sst of Quail Spdngs ~,rtve. 7. 0703-02, D & ~,f. and Company, Inc.: "R.1B" One-family District to "B-l" Neighborhood Business District on Tract 1, "B-4" General Business District on Tract 2, and 'T-lC~ Manufactured Home SubdNision on Tract 3- Located south of I.H. 37 and west of Lantana Street. thform&tion may be obtained by sailing the Planning Depa~nent at 880-3560 or visiting the Planning /~/Armanbe Ch~ ¢-~ ~tary C~ of Ce~u~ Christ! State of Texas } County of Nueces } SSi ACIdT~O4F76C000~USCHRISTI ~' ".. ~ 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, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 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 22ND day(s) of DECEMBER, 2003. $110.19 TWO (2) Time(s} Credit Manager Subscribed and sworn to me on the date of DECEMBER 23, 2003. Notar~h~l~lic, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. O12/CorDus Christi Caller-Times, Monday, December 22, 2003 025~e? ff~e Zoning by changing the zoning map in reference to Laguna Acre~, Bfo~k 1, Lot 12 and a portion Lot 11, currently zoned "R-lB One- family ~ special permit granting a special~ peonit for an auto; repar use and to, correct the buildin expansion setbacI~i subject to a site plan end ten (10) conditions; amending the Comprehensive Plan to account for any; deviations from the; e x i s t i n g;I Comprehensive Plan. b~/tt~e~C~;~ounc, ~ on Oecembe~ C~ ~ I City of Collie Chd~