The URL can be used to link to this page

Home My WebLink About028734 ORD - 08/24/2010Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DAVID B. ALLRED, BY CHANGING THE ZONING MAP IN REFERENCE TO PADRE ISLAND NO. 1, BLOCK 2, BEING THE SOUTH HALF OF LOT BA, LOT 9A & 10A, FROM "B-2A/10/SP" BARRIER ISLAND BUSINESS DISTRICT/ISLAND OVERLAY/SPECIAL PERMIT TO A MODIFIED "B-2AIIOISP" BARRIER ISLAND BUSINESS DISTRICT/ISLAND OVERLAY WITH A SPECIAL PERMIT TO ALLOW FOR THE OPERATION OF A BOAT REPAIR FACILITY, 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 David B. Allred, 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, July 7, 2010, during a meeting of the Planning Commission, and on Tuesday, August 24, 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 Padre Island No. 1, Block 2, being the south half of Lot 8A, Lot 9A, and 10A, located on the westside of South Padre Island Drive (SPID) or Park Road #22, at the address 14237 South Padre Island Drive(SPID) or Park Road 22, from "B-2A110/SP" Barrier Island Business Districtllsland Overlay/Special Permit to a "Modified B-2A/10/SP" Barrier Island Business District/Island Overlay with a Special Permit to allow for the operation of a boat repair facility, subject to a site plan, attached, and six (6) conditions. (Zoning Map 029027) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. Uses: All uses allowed in the "B -2A" Barrier Island Business District with an "-10" Island Overlay District and the operation of a boat repair facility, indoor and outdoor boat storage facility or boat sales facility are allowed with the H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda18-241CASE NO. 0610-02 DAVID B ALLRED10610-02 B -2A 10 SP - Modified. Doc 0287A INDEXED Page 2 of 4 issuance of this Special Permit. The allowable use includes repairs to the boat structure and boat engine. Furthermore, the Special Permit allows the outside storage of boats and trailers that are not for sale. The boat repair facility is limited to three (3) repair bays. Boat repairs shall not be performed on boats in excess of sixty (60) feet. Boat repairs will be restricted to personal and commercial pleasure craft only. All repair work is to be completed inside of a building. Outside storage of boats and trailers that are not for sale may not occur within 130 feet of South Padre Island Drive (S. P.I.D.)/Park Road #22 right-of-way. 2. Landscaping: Landscaping must be provided in accordance with article 27B, Landscape Requirements, for the "B -2A" Barrier Island Business District and "-10" Island Overlay as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A standing screening fence with a minimum height of six (6) feet must be placed along the north, south, and west property lines, as well as, the easterly edge of boat and trailer (not for sale) storage yard as shown on the attached site plan. This screening fence many not be located within the street yard. A building wall may be substituted for the screening fence. This screening fence must be installed prior to the issuance of a Certificate of Occupancy. 4. Speakers: Outside paging, speakers, or telephone bells are prohibited. 5. Lighting: Overhead lighting shall be directed away from adjacent neighboring properties. 6. Time Limit: The Special Permit shall be deemed to have expired within 12 months of 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. H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda18-241CASE NO. 0610-02 DAVID B ALLRED10610-02 B -2A 10 SP- Modified.Doc Page 3 of 4 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 t at this • dinanc is passed upon first reading as an emergency measure on this ay o A,Ea.; _ �‘ , 2010. ATTEST: Armando Chapa City Secretary APPROVED: l 8, 2010 CITY OF CORPUS CHRISTI Joe Ad me Mayor, City of Corpus Christi orah Walther Brown 'ssistant City Attorney For City Attorney H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda18-241CASE NO. 0610-02 DAVID B ALLRED10610-02 B -2A 10 SP- Modi@ed.Doc Page 4 of 4 Corpus Christi, Texas day of 6-11-, 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, 744-frble Joe Adam 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 Nelda Martinez Mark Scott EFFECTIVE DATE A-ttAtt6)- �d ZD /0 1 H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda18-241CASE NO. 0610-02 DAVID B ALLRED10610-02 B -2A 10 SP- Modified.Doc 02.8734 W PA DRE .CON -MA CASE: 0610-02 EXHIBIT A PLANNING COMMISSION &. STAFF RECOMMENDATION From: B-2AMI0!SP To: B-2A1IO1BP (MODIFIED) Case No. 896-7 SiTE PL Aa 141 �• K yd K K !D o4P. r 7"2.411-'2 6‘1"T P°R- S4,) 4,4 "Jp,-atgriAt Gy Pitta 7 0.7-AI'Pd4/40 PeNca �c.ti E'er► I NC -i 564 P D#&e' 27044A+t �. Exhibit A State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5947162 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, 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 8/9/2010, 8/9/2010. $ 250.98 1Time(s) On this fakA-clay of is a true and an exact copy made by publisher. 4110wLEGAL SALES ' i PRESENTIVE k° I certify that the attached document dr OWiNN,i. MEDINA MY COMMISSION EXPlies August 2, 2012 Notary Public, State of Texas 4E .N ALigust 9, 2010 )) CA:LER-TIMES i eE1al Notices 1110 NOTICE OF PUBLIC HEARINGTO.CON- SIDER ZONING APPLICATION(S) OF THECITY OF CORPUS CHRISTI Notice Is hereby" giv- en that the Corpus Christi City Council will conduct a public hearing -on August 24, 2010 during a' regular Council meet- ing Which cotrimenc- es at12;00 prn. in the Council Chambers, City Hall, 1201 Leop- ard, to consider eop-ard,.'to'consider :the following zoning ap- plication(s) which are on, file In the Office of the City Secretary & the Dept. of Planning. At said time & place of hearing, persons & parties' interested may appear before the City Council: 1, 0610-02, "David B. Allred:; From the "B-2AIlO/SP" Barrier Island Business Dis- trict/Island Over- lay/Special Permit to the B-4' General Business District - Located on the west - side of South Padre Island -Dr. or Park Road #22, at the ad- dress 14237 SPID or Park Rd 22. 2. 0710-01, :Propor- tional Prosperity, LLC: From the B-4 General Business District to the "1.2" Light Industrial Dwell- ing :District -: Located at 1302 Saratoga on the northeast corner of Saratoga Blvd. and Calle Las °Colonies Dr. 3. 0710-02, Chris Mandell, applicant for and a representative of Horton Automatics, which isa division of Overhead Door: From the "1-2". Light industrial District to the "1-3" Heavy In- dustrial District n-dustrial':District - Lo- cated at 4242. Bald- win Blvd. Information may be obtained by calling or. visiting the Dept, of. Development Servic- es,:Planning Section at (361)`. 826.3560, 2406 Leopard St. !s! Armando Chapa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5948749 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 PASSAGE OF ORDINANCES NO. 0287 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on- the 8/30/2010, 8/30./2010. $ 259.71 1Time(s) On this A_l-ay of LE SALES R 'RESENTIVE is a true and an exact copy GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 , 2 (41.A certify that the attaied document ade by • ublisher. Public, State of Texas CALLER -TIMES cC August 30, 2010:(( 5E, Legal Notices 1110 NOTICE OF PASSAGE OF ORDINANCES NO. 028734, Amend Ing the Zoning Ord upon application b David B, Allred, b changing the Zonin .Map in reference toi Padre island No. 1, Block 2, being the south half of Lot BA,1 Lot 9A and 10A, from: "B-2AI10ISP" Barrier: Island Business Dis- trict/Island Overlay/Special Per- mit to. Modified "B-2N10/SP Barrier Islarid ;Business. Dis- trict/Island. Overlay' with a Special :Permit to allow for the op eration. of : a', boat. repair facility; Subject to a Site Plan & six 06) conditions; NO. 28735, Amending; the .Zoning Ord.,'; upon application by Proportional' .Pros -s perity, LLC, byt changing the Zoning Map In reference to 2.12 acres of Las Co .. lollies, Unit 4, Bloc 1, Lots 25, 26 an.= 27. from "B-4" Gener = al Business District to "B-4/SP" General°, Business District with a Special Permit to' allow the use of a warehouse with out- door storage, subject to a Site. Plan & five (5).;conditions and NO.028736, Amend- ing the Zoning Ordinance upon ap,: plication ti`y Ot1riQ Man.:dell applicant fof Horton: Automatics,: division of::Overhead Door, by changing the Zoning, Map in reference to:;approxi- mately 2,612. square feet. out of ;Corppu- Christi Industrial Dis trict Section 2, Bloc 9, Lot X-3, from "1-2; Light Industrial Di§: trict to "I-2/SP'' Lig Industrial District witt', a Special Permit t allow installation operation of one (1 2400: gallon; UL2085, abov`;;( ground fuel storag.: tank, subject to a Sit Plan & four (4) condi tions.These ord. wer- passed & approve• by the Corpus Christ ,City Council on Au, gust 24, 2010.: fs/ Armanclo Chapa,: City Secretary