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Home My WebLink About027865 ORD - 09/23/2008Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SOUTHSIDE PAINT & BODY, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO SARATOGA WEBER PLAZA, BLOCK 7, LOT 12, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR AN AUTOMOTIVE BODY REPAIR SHOP, SUBJECT TO A SITE PLAN AND SEVEN (7) 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 Southside Paint & Body, LLC, 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, August 20, 2008, during a meeting of the Planning Commission, and on Tuesday, September 23, 2008, 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 Saratoga Weber Plaza, Block 7, Lot 12, located at 3902 Acushnet Street, approximately 500 feet west of the Weber Road and Acushnet Street intersection, from "B-4" General Business District to "B-4/SP" General Business District with a Special Permit to allow for an automotive body repair shop, subject to a site plan, attached, and seven (7) conditions. (Zoning Map 047035) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following seven (7) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District is a paint and body shop heavy automobile repair use. 2. Hours of Operation: The operation of the paint and body shop shall be limited to the hours between 7:30 AM and 6:00 PM. 027865 H:\LEG-DIR\SharedUay 4genda\2008\9-23\ORD-zoning0808-03SouthsidePaint-B-4-special pennit.doc Page 2 of 4 3. Screening: A standard screening fence with a minimum height of six (6) feet shall be located along the north, east and west boundary lines of this special Permit. The screening fence must be installed within one (1) year of the date of this ordinance. 4. Orientation of Doors: Rollup or retractable doors shall not face Acushnet Drive. 5. Landscaping: Compliance with article 27B. Landscape Requirements in the Zoning Ordinance. 6. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residences, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the property line adjacent to residential development. 7. Time Limit: This Special Permit expires two (2) years 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. 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 that this ordinance is passed upon first reading as an emergency measure on this 23rd day of September, 2008. H:\LEG-DIR\SharedUaytAgenda\2008\9-23\ORD-zoning0808-03SouthsidePaint-B-4-special permit.doc ATTEST: CITY OF ORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 15, 2008 R..Yay-Reining Assistant City Attorney For City Attorney Page 3 of 4 H-nry Garre Mayor, City of Corpus Christi H:\LEG-DIR\SharedUay\4genda\2008\9-23\ORD-zoning0808-03SouthsidePaint-B-4-special pennit.doc Page 4 of 4 Corpus Christi, Texas jday of 2008 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, enry Garr Mayor, Cit Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Abs c11- 443?1-- 02'7865 of Corpus Christi EFFECTIVE DATE Ogio2/719W H:\LEG-DIR\SharedUayWgenda\2008\9-23\ORD-zoning0808-03SouthsidePaint-B-4-special permit.doc CASE # 0808-03 EXHIBIT A PLANNING COMMISION and STAFF RECOMMENDATION From: "B-4" To: "B-4/SP" SUBJ PROPERTY PUBLISHER'S AFFIDAVIT a 1g43g State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5873780 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 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, 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 9/8/2008, 9/8/2008. $ 195.69 1T ime(s) On this /O'1'" `day of is a true and an exac LEG (Xi02/• RESENTIVE certify that the attached document co.y made by publisher. September 8, 2008 " Legal Notices 1110 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING ON-SIDERZONING APPLICATION(S) OF. THE CITY OF COR- PUS CHRISTI Notice is hereby given in accordance with the law that the CItyCoun- cll otthe City of Corpus Christi will i -'— conduct a public hear- ing on Tuesday, September 23, 2008 during a regular Coun- cil meeting which commences at 10:00 a.m. In the,City Coun- cil Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said applica- tion(s) are on file in the Office of the City Sec- retary and the ec-retaryandthe Department of Plan- ning.;At said time and place of hearing, all persons and parties interested may appear before the City Coun- cif. The zoning application(s).to be considered at the ;picots as follows: 0 - Southside antan dy, LLC: From a "B-4" General Business District to an I-2" Light Industrial District - Located at 3902 Acushnet Street, approximately 500 feet west of the Weber Road and Acushnet Street intersection. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 028-3560, 2406 Leopard Street. /sl Armando Chapel City Secretary City of Corpus Christi i State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5876441 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 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF' ORDINANCES NO. 0278 ttich the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 9/29/2008, 9/29/2008. $ 140.40 1Time(s) On this 0!/ day of COLA is a true and an exact copy made °WENN J. MEDINA ? MY COMMISSION EXPIRES octcp.:AUgust2,2012 2 I certify that the attached document publisher. otary Public, State of Texas stoem iY2g NOTICE OF PASSAGEOF ORDINANCES No. 027865, Amend - Ing<, -the' -Zoning Ordinance, upon applll- catlon by= Southside Paint & Body, LLC, by changing : -the Zoning Map In reference to Saratoga Weber Pla- in, Block7, Lot 12, from B-4" General Business District to "13-4/SP" General Business District with a Special Permit to al- low for an automotive paint and body repair shop, subject to a sne plan and seven (7) conditions,: amending the Comprehensive 'Planto account for any deviations from the -existing Compre- hensive Phan; providing a repealer clause; providing a for .penalty; providing' d - Inanoe wasdpassed and abthe City Council of the City of Corpus Christi on September 23, 2008. : /s/ Armando Chapa City Secretary City of Corpus Christi