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Home My WebLink About028553 ORD - 04/13/2010Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RON PECK, BY CHANGING THE ZONING MAP IN REFERENCE TO A .52 ACRE TRACT OF LAND LOCATED IN SOUTH BLUFF, BLOCK 12, LOTS 6 THROUGH 8, FROM "B-5" PRIMARY BUSINESS DISTRICT TO "B-5/SP" PRIMARY BUSINESS DISTRICT WITH A SPECIAL PERMIT, TO ALLOW FOR AUTO AND MOTORCYCLE REPAIR AND PAINT USE, 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 Ron Peck, 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, March 3, 2010, during a meeting of the Planning Commission, and on Tuesday, April 13, 2010, 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 a .52 acre tract of land located in South Bluff, Block 12, Lots 6 through 8, generally located on the south side of Kinney Street, west of South Carrizo Street and east of King Street, at 923 Kinney Street, from "B-5" Primary Business District to "B-5/SP" Primary Business District with a Special Permit to allow for auto and motorcycle repair and paint use, subject to a site plan, attached, and six (6) conditions. (Zoning Map 045044) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. USE: The only use authorized by this Special Permit other than the basic "B-5" Neighborhood Business District uses is an enclosed vehicle paint and body shop. 2. HOURS OF OPERATION: Monday -Thursday 7 a.m. to 8 p.m., Friday - Saturday 7 a.m. to 9 p.m., Sunday 11 a.m. to 6 p.m. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda \4-13-10\CASE NO. 0310-03 RON PECK\ORD-zoning0310-03-Peck- SouthBluff-B-5-special permit.doc U28553 INDEXED Page 2 of 4 3. SCREENING/LANDSCAPING: A solid screening fence shall be placed along the property lines adjacent to residential properties. Landscaping of the property shall comply with the requirements of Article 27B of the Corpus Christi Zoning Ordinance. 4. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 5. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. 6. TIME LIMIT: The Special Permit shall expire within one year from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit and all other applicable ordinances, rules and regulations. 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 13th day of April, 2010. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\4-13-10\CASE NO. 0310-03 RON PECK\ORD-zoning0310-03-Peck- SouthBluff-B-5-special permit.doc Page 3 of 4 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Ac me City Secretary APPROVED: On the 5th day of April, 2010 eborah Walther Bro Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\4-13-10\CASE NO. 0310-03 RON PECK\ORD-zoning0310-03-Peck- SouthBluff-B-5-special permit.doc Page 4 of 4 Corpus Christi, Texas 13thday of 2010 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 Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez 1 Nelda Martinez /-71-19Sa& Mark Scot EFFECTIVE DATE (prn l°1)61,6 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2010 Agenda\4-13-10\CASE NO. 0310-03 RON PECK\ORD-zoning0310-03-Peck- SouthBluff-B-5-special permit.doc i:,93553 CASE # 0310-03 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A ORDINANCE: State of Texas County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5937679 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 Carter -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. 0285 which the annexed is a true copy, was inserted in the Corpus Christi Caner -Times on the 4/1912010. 4/19/2010. $ 157.86 1Time(s) LEGAL SALESIREPRESENTIVE On this /9'day of � , 2 6)I certify that the attached document is a true and an exact copy made by publisher. GWEII1 J. MEDINA MY1532 1EXPIRES Public, State of Texas 4E D April 19, 2010 D CALLER -TIMES Leyal Notices 1110 • NOTICE OF • PASSAGE OF. ORDINANCES •• NO. 028552, Amend- ing the Zoning Ord., upon application by Mostafa Bighamian & Morteza Shafinury, by changing the Zon- ing Map :In reference to a 4.56 acre tract of land located to the Bass Subdivision, Block:27,' Lots K, L, M. N; .& Block 28, Lot 0, from 11-16' One - family Dwelling. Dis- trict to "B-4" General Business District; and NO. 028553, Amend- ing the Zoning Ord., upon application by Ron Peck, by chang- ing the Zoning Map in reference to a .0.52 acre tract of land lo- cated in: South Bluff, Block -12;• 'Lots 6 through 8, from "B-5" Primary Business District' to 7B-5JSP" Primary. Business District -with a Special Permit 16 allow for auto & Motorcycle re- pair &• paint use; sub1ect to a Site Plan & six (6) conditions. These .-ord. were •passed & approved by the Corpus•C}iristi `City Council on April 13, 2010. /s/Armando Chapa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5935662 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, 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 3/29/2010, 3/29/2010. $ 248.07 1Time(s) On this SS/ day of is a true and an exact co LEGAL SALES EPRESENTIVE MEDINA MY Cf MMtSSfO kXPinES Post 2, 2.012 , 2 ekei certify that the attached document made by publisher. Public, State of Texas 8E a March 29.2010 » CALLER -TIMES Legal No€ices 1110 I NOTICE OF PUBLIC • HEARINGTOCON- SIDER ZONING APPLICAT1ON(S) OFTHE CITY OF 1 CORPUS CHRISTI Notice is hereby giv- en in accordance with the lawthat the City 'Council :of the City of Corpus Christi will conduct a public hearing on April 13, 2010 during a regular Council meeting which commences at 12:00 p.m. in the City Council Chambers, City Hall, 1201 Leop- ard, to consider the following zoning ap- plicatlon(s)).of which said appplications) are on file In the Of- fice of the City Secretary and the Department of Plan- ning. Af said time and place of hearing, alt persons and par- ties interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as follows: 1. 0310.01, Mostafa Blghamlan and Mor - taxa Shafinuryy: From the '8-118" One -family Dwelling District to the "B-4 General Business pistrict - Located north of Saratoga Boulevard, northwest of Summer Ridge Drive, approximately 1,360 feet southeast of. Airline Road, at 6902 Saratoga Boulevard. 2. 0310-03,Ron Peck: From 1B-5' Pri- mary Business District to the 1-2' Light industrial Dis- trict - Located on the south side of Kinney Street, west of South Garrizo Street, and east of King Street, at 923 Kinney Street. Information may be obtained by calling or visiting the Depart- ment of Development Services, Planning Section at (361) 826-3560, 2406 Leopard Street. /s/Armando Chapa City Secretary City of Corpus Christi