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Home My WebLink About028071 ORD - 02/17/2009Page 1 of 5 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARK RITTGERS, BY CHANGING THE ZONING MAP IN REFERENCE TO LEXINGTON PLAZA ANNEX A, BLOCK 2, LOT 9-B, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW APPLICANT TO AUGMENT THE EXISTING AUTO REPAIR SERVICE TO INCLUDE WORK ON COMMERCIAL TRUCKS, SUBJECT TO A SITE PLAN AND FIFTEEN (15) 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 Mark Rittgers, 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, October 1, 2008 and Wednesday, January 7, 2009, during a meeting of the Planning Commission, and on Tuesday, February 17, 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 Lexington Plaza Annex A, Block 2, Lot 9-B, located on the south side of South Padre island Drive between Cosner Street and Carroll Lane, from "B-4" General Business District to "B-4/SP" General Business District with a Special Permit to allow Applicant to augment the existing auto repair service to include work on commercial trucks, subject to a site plan, attached, and fifteen (15) conditions. (Zoning Map 046037) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following fifteen (15) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" Business District is a "auto repair, heavy" as defined in the Zoning Ordinance, but excluding impound yards for wrecked vehicles. 028071 H iLEG-DI R\Shared\LEGAL-DEV. SVCS\2009 Agenda \ 2-17kORD-zoning-1008-01-Rittge rs-B-4special permit-PlanComm.doc Page2of5 2. Repairs inside a Building: Outdoor auto repair may continue temporarily for up to two years in the area designated for the future building per the site plan. 3. Building Expansion: The property owner shall expand the existing building, per the site plan, to allow space for repair of a total of four heavy vehicles (dump trucks, buses, etc.) inside a building. 4. Easement: Remove any existing buildings out of a public easement or apply for a full or partial easement vacation. 5. Outdoor Storage: No new outdoor storage of any type of materials, except for existing areas designated for open storage on the site plan. 6. Storm drainage: Excess storm drainage from the site that drains on to South Padre Island Drive must be approved by TxDOT. Storm drainage may not include effluent from vehicle repair operations. 7. Existing Buildings/Environmental Quality: Existing buildings must comply with environmental quality requirements, including oil separator requirements. See Corpus Christi Plumbing Code requirement: §1003.4 Oil Separators Required that requires 6 cubic feet of capacity for the first 100 square feet of repair area and one cubic foot of additional capacity for each additional 100 square feet; Corpus Christi Plumbing Code: Chapter 11 Storm Drainage. 8. Propose Building Expansion/Environmental Quality: The building expansion must include an oil separator of sufficient size to handle the volume of effluent from the auto repair operations under the City's Plumbing Code. The existing oil separator may be used for the building expansion if the separator is consistent with design requirements of the Corpus Christi Plumbing Code, otherwise an additional oil separator must be installed per the Corpus Christi Building Official and the Environmental Quality Department. See Corpus Christi Plumbing Code requirements in Condition 7. 9. Hours of Operation: Business hours are limited to between 7:30 AM and 7:30 PM for auto repair, heavy uses. 10. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet must be located: a. Parallel to the south boundary line of the property per the site plan extending from the rear wall of the existing building east and west to the property line. b. Along the east property line in the rear half of the property as illustrated on the site plan. c. The screening fences must be installed within one (1) year of the date of this ordinance. H:\LEG-DIR\Shared\LEGAL-DE V.SVCS\2009 Agenda\2-17\ORD-zoning-1006-01-Rittgers-B-4special permit-PlanComm.doc Page3of5 11. Landscaping: Compliance with new construction requirements in Article 278. Landscape requirements pertaining to the existing street yard area to comply as if all existing structures are new construction. 12. Buffer Yard: A 25 foot rear buffer yard must be maintained by the owner. The buffer area must remain free of any structures, storage materials, or dumpsters. 13. Signage: The property owner shall remove three (3) of the five (5) free standing pole signs in the front yard as indicated on the site plan. 14. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, 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 rear property line. 15. Time Limit: This Special Permit for conditions 2, 5, 6, 7, 9, 10, 11, 12, 13, and 14 expires in six (6) months from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all specified conditions, except conditions three (3), four (4), and eight (8), which must be complied with within two (2) years. 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 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agendat2-17\ORD-zoning-1008-01-Rittgers-B-4special permit-PlanComm.doc Page 4 of 5 regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 17th day of February, 2009. ATTEST: CITY OF C • RPUS CHRISTI Armando Chapa City Secretary APPROVED: February 9, 2009 orah Walther Bro Assistant City Attorney For City Attorney J/«/ .4 .47 He � arrett Mayor, City of Corpus Christi H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\2-17\ORD-zoning-1008-01-Rittgers-B-4special permit-PlanComm.doc , Page 5of5 Corpus Christi, Texas day of --4/ r'kLfl 2009 TO THE MEMBERS OFTHECITY 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 Garrett Mayor, City of Corpus Christi 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 No, 028071 EFFECTIVE DATE �6na3,�b0 H:\LEG-DI R\Shared\LEGAL-DE V. SVCS\2009 Agenda\2-17\ORD-zoning-1008-01-Rittgers-B-4special permit-PlanCom m. d oc ,; V41,1, ric 1 t< lird ;.--7,„ re=1/1/41.' 4 r I ,Ner • ft 01 I, , 0.4-(ve•ofr • , 1,1^g•- t•44//- /` fr2/ rtikt r Al „," ,r,r• 1i` I 'A 0/.21•:•:, "1.,• nit INtectf-1.4' V• (C131-eg 59,1,1( 4.3)410114 s‘sq vi,„*., 11 7,,irt or ftekkevf114, • VAN:1'1146 C:-.11AV",,r1 rici• 3 A B-4 B-3 za 9 -1B9 LY thciirt200 7 6 r ._ 44844 JN6T• PEA2 4- F 6 � ® F p Oe 0�� 41 23 tt^y�.m^p/ 0 100 2 CASE # 1008-01 Planning Commission Recommendation From: "B-4" To: "SP" with Fifteen Conditions Ordinance: � • � ��/I N,C 4110 11411 ti;12 ir / ;kik V1 ��//� //7/�i .BG 4-, tga frotrit 4.10; Exhibit A -7,11,411:44.444 4,11 4tN.11/4fra.4 41, LOCATION j°• t% W City of chrlsti State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT Cl goy CITY OF CORPUS CHRISTI Ad # 5891053 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 2/2/2009,2/2/2009. $ 294.63 ALE •E•RESENTIVE 2Time(s) On this `i " ` day of Th.ib I certify that the attached document is a true and an exact copy mads( publisher. GWENN J. MEDINA N MY COMMISSION EXPIRES August 2, 2012 ary Public, State of Texas February 2, 2009 • Monday • NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S)OF THE CITY OF CR - 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 Tuesday,a February 17 2009 during a regular Council 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 Depart- ment of Planning. At said time and place of hearing, all -persons. and parties Interested may appear before the City Council. The zon- ing applicaaon(s) to be considered at the hearing are as follows: 1: 0109-01, Arnold Brothers Property: From an 1.2" Light In- dustrial Districttoan "1-3" Heavy Industrial District - Located on. the east side of Ayers Street between Holly Road and South Pa- dre Island Drive. 2. 0109-02,CIos- ner/Brownstone Ven- tures Corpus, LLC: From an "1-2" Light In- dustrial District to an "1-3" Heavy Industrial District Located on the west side of North Padre Island Drive be- tween Old Brownsville Road and Corporate Drive. 3. 1008-01, Mark Rht- gers: From a"B-4" General Business Dis- trict to an 1-2" Light In- dustrial District -. Lo- cated on the south side of South Padre Is- land Drive between Cosner Street and Carroll Lane. 4. 0708-05, Anchor Harbor Mobile Home Community, L.L.C.: From a, "B-4" "General Business District to a "T=1 A" Travel Trailer Park District - Located on. the north side of South Padre Island Drive and approxi- mately 500 feet west of Paul Jones Avenue. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560, 2406 Leopard Street. /sr Armando Chapa City Secretary City of Corpus Chdstl 0If: i State of Texas County of Nueces 1 } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5893730 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 PASSAGE OF' ORDINANCES NO. 0280 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 2/23/2009,2/23/2009. $ 379.02 PRESENTIVE 1Time(s) On this do `day of 2 1 1 I certify that the attached document is a true and an exact copy mad publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 tary Public, State of Texas • Monday • February 23, 2009 , Legal Notices 1110 NOTICE OF • PASSAGE OF ;ORDINANCES NO. 028068, Amend- / ing the Zoning Ordinance, upon appli- cation by Anchor Harbor Mobile Home Community, LLC, by changing the Zoning Map in reference to 3.167 acres out of An- chor Harbor Tract No. 1, from "B-4" General Business District to "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Over- lay on Tract 1, resulting in a change of land use from com- mercial to traveltrailer park, and from "B-4" General Business Dis- trict to "T-1 B" Manufactured Home Park Districtwith a "PUD -2" Planned Unit Development -2 Over- lay on Tract 2 resulting in a change of land use from commercial to manufactured home park; subject to a Site Plan and five (5) con- ditions; NO. 028069, Amending the Zoning Ordinance, upon appli- cation by Arnold Brothers Properties, L.P., by changing the . Zoning Map in refer- ence to 12,350 square feet out of Lot 6, Holly Industrial Subdivision, from "1-2" Light Indus- trial District to 1-2/SP" Light Industrial District with a Special Permit to allow up to seventy • (70) AP1650 above ground fuel tanks, subject to a Site Plan and four (4) condi- tions;. NO. 028070, Amending the Zoning Ordinance, upon appli- c a t i o n b y Cl osner/Brownstone Ventures Corpus, LLC, by changing the, Zoning Map in refer- ence to 800 square feet out of a 4.011 acre tract out of Lots 3 and 6, Section 5, Range VIII, Guggen- heim -Cohn Farm Lots, from 1-2" Light Indus- trial District to "l-2/SP" Light Industrial District with a Special Permit to allow two UL2085 above ground fuel tanks or one combined tank with a capacity to store 2,000 gallons of 'dieselfuel and 500 gallons of gasoline, subject toa site plan and four (4), condi- tions; and NO. 028071, Amending the .Zoning Ordinance, upon application by Mark Rutgers, by changing the Zoning Map in reference to Lexington Plaza An- nex A, Block 2, Lot 9- i3, from "B-4" General Business District to "B-4/SP" General Business District with a Special Permit to al- low applicant to augment the existing Auto Repair Service to include work on com- mercial -trucks, subject to a Site Plan and fif- teen (15) conditions; amending :the Com- prehensive Plan to account for any devia- tions from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. These or- dinances were passed and approved by the City Council of the City of Corpus Christi on February 17,2009. /s/ Armando Chapa City Secretary City of Corpus Christi