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Home My WebLink About09484 ORD - 09/10/1969AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937) APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, UPON APPLICATION OF CECIL BURNEY AND FRANK CECH BY GRANTING A SPECIAL COUNCIL PERMIT FOR OPERATION OF A WAREHOUSE COMPLEX SITUATED ON A 9.78 -ACRE TRACT OF LAND OUT OF THE FRANK CECH 8.38 -ACRE TRACT AND THE CECIL BURNEY 8.0 ACRE TRACT OF LAND IN NUECES COUNTY, TEXAS, BEING MORE FULLY DESCRIBED HEREINAFTER, AND AS MORE FULLY DESCRIBED ON THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, THE ZONING AND PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF FRANK CECH AND CECIL BURNEY FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, PUBLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS WISHING TO APPEAR AND BE HEARD WERE HEARD, TO CONSIDER THE SAME BEFORE THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON OCTOBER 29, 1963, AT REGULAR COUNCIL MEETING OF THE CITY COUNCIL IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI; AND WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH 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, PASSED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND IN PARTICULAR AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. SECTION 2. THAT A SPECIAL PERMIT BE GRANTED ON THE FOLLOWING DESCRIBED TRACT OR PARCEL-OF LAND, SITUATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS: BEING A 9.78 ACRE TRACT OF LAND OUT OF THE FRANK CECH 6.38 ACRE TRACT AND THE CECIL BURNEY 8.0 ACRE TRACT OF LAND IN NUECES COUNTY, TEXAS, SAID 9.78 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF WESTGATE HEIGHTS AS SHOWN BY MAP OF RECORD IN VOLUME 8, PAGE 25, NUECES COUNTY, TEXAS MAP RECORDS, FOR THE SOUTHWEST AND BEGINNING CORNER 1O�F THE TRACT HEREIN DESCRIBED; THENCE N. 2° 341 i,O11 W., WITH THE EAST BOUNDARY LINE OF SAID WESTGATE HEIGHTS, A DISTANCE OF 800.0 FEET TO A POINT, THE SOUTHWEST CORNER OF THE HATCH TRAILER PARK TRACT FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE N. 870 541 E., WITH THE SOUTH BOUNDARY LINE OF SAID HATCH TRAILER PARK TRACTS A DISTANCE OF 541.10 FEET TO A POINT IN THE WEST BOUNDARY LINE OF ROSE HILL CEMETERY FOR 1T1HE NORTHEAST CORNER OF THIS TRACT; THENCE S. 1° 491 E., WITH THE WEST BOUNDARY LINE OF SAID ROSE HILL CEMETERY AND WITH THE WEST RIGHT OF WAY LINE OF FLORES STREET A DISTANCE OF 791.0 FEET TO A POINT FOR THE SOUTHEAST CORN .ER OF THIS TRACT; - THENCE WEST WIIH A LINL IKAI KLFRLbENTS TKE EASTERLY EXTENSION OF THE SOUTH BOUNDARY LINE OF SAID WESTGATE HEIGHTS, A DISTANCE OF 530.0 FEET TO THE POINT OF BEGINNING, CONTAINING 9.78 ACRES OF LAND] MORE OR LESS, FOR OPERATION OF A WAREHOUSE COMPLEX, ACCORDING TO THE SITE PLAN, APPROVED BY THE PLANNING COMMISSION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SUBJECT TO THE FOLLOWING CONDITIONS: , 1) DEDICATION OF THE RIGHT OF WAY ACCORDING TO GENERAL LOCATION 3B ACCORDING TO FEASIBILITY STUDY OF AGNES STREET TO UPRIVER ROAD CONNECTION; 2) CONFORMANCE TO THE FINAL SITE PLAN AS ATTACHED WHICH INDICATES: A. BUILDING LINES OF 20 FEET ON NORTH PROPERTY LINE HATCH TRAILER PARK), 25 FEET ON EAST PROPERTY LINE (ROSE HILL CEMETERY), 30 FEET ON WEST PROPERTY LINE ( WESTGATE HEIGHTS), AND A 20 -FOOT BUILDING LINE ON BOTH SIDES OF PROPOSED STREET, ALL AS SHOWN; B. A 6 -FOOT SOLID FENCE ON THE NORTHI EAST AND WEST PROPERTY LINES AS SHOWN; C. HEIGHT LIMITATIONS AS SHOWN (45 FEET, EXCEPT 30 FEET WITHIN 80 FEET OF WESTGATE HEIGHTS PROPERTY LINE AS SHOWN); 1 3) CONSTRUCTION OR AGREEMENT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS, AND SUBJECT TO THE FOLLOWING: -2- A. THAT OFF- STREET PARKING AND OFF- STREET LOADING AND OFF- STREET PARKING REQUIREMENTS BE IN ACCORDANCE WITH ARTICLES 22 AND 23, RESPECTIVELY, OF THE ZONING ORDINANCE; AND B. THAT ALL OUTDOOR LIGHTING BE ERECTED IN SUCH MANNER AS TO BE DIRECTED AWAY FROM THE EXISTING RESIDENTIAL AREAS AND THE ADJACENT CEMETERY; 4) THAT PERMITTEE SHALL HAVE A PERIOD OF THREE (3) YEARS WITHIN WHICH TO COMMENCE THE PERFORMANCE OF THE CONDI- TIONS HEREOF RATHER THAN THE AUTOMATIC ONE -YEAR PERIOD OTHERWISE PROVIDED BY THE ZONING ORDINANCE; 5) THAT ALL OTHER "I -2" DISTRICT REQUIREMENTS SHALL APPLY. IN THE EVENT THE BOARD OF ADJUSTMENT GRANTS ANY SPECIAL EXCEPTION OR VARIANCE TO THE ZONING ORDINANCE APPLICABLE TO THE PROPERTY INCLUDED IN THE SPECIAL PERMIT HEREIN GRANTED, SAID SPECIAL PERMIT WILL BE VOID AND OF NO FORCE OR EFFECT WHATSOEVER. SECTION 3. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, BE, AND THE SAME IS HEREBY, AMENDED AS HEREIN ORDAINED. SECTION 4. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVED ON THE 27TH DAY OF AUGUST, 1937, AS AMENDED FROM TIME TO TIME, EXCEPT AS HEREIN CHANGED, SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 5. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING THE AFORE- SAID CHANGE FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL -3- FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF SEPTEMBER, 1969. ATTEST: CI Y SE (N TAR' Y THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: _DAY OF PTEMBER, 1969: i 91 L' CITY ATTO14NEY Corpus Christi, Tex - A day of , 1941 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; T_, therefore, request that you suspend said Charter rule or requirement and pass- this ordi- nance finally on the date it is introduced, or at the present' meeting of the City Council. Respectfully, 4-0-4 kYOR C / THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the follow g vote: Jack R. Blackmon Gabe Lozano, Sr. V_ A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts Ronnie Sizemore