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HomeMy WebLinkAbout10208 ORD - 03/31/1971JKH:3 -30 -71 AN 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 NO. 6106, AS AMENDED, UPON-APPLICATION OF ROBERT H. FLATO BY GRANTING A SPECIAL PERMIT ON A 2.632 ACRE TRACT OF LAND OUT OF LOTS 1 AND 2, SECTION 1, FLOUR BLUFF AND ENCINAL FARIA AND GARDEN TRACTS, AND ON AN AREA KNOWN AS LOT 2, BLOCK 4, SEASIDE SUBDIVISION, LOCATED ALONG THE NORTHEAST SIDE OF THE 14600 BLOCK OF OCEAN DRIVE, FOR THE CONTINUANCE OF THE PRESENT USES ONLY, AS SHOM ON THE PLOT PLAN APPROVED BY THE- PLANNING COMMISSION, ATTACHED HERETO,AND MADE A PART HEREOF, MARKED EXHIBIT "A "; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS APIENDED; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. 1JHEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF ROBERT H. FLATO 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, 114 ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON ' MARCH 22, 1971 7 AT SPECIAL 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 ANO 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 A14ENDED BY ORDINANCE NO. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 10208 SECTION 2. THAT A SPECIAL COUNCIL PERMIT BE GRANTED FOR THE CONTINUANCE OF THE PRESENT USES ONLY, ACCORDING TO THE APPROVED PLOT PLAN, APPROVED BY THE PLANNING COMMISSION, ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF, ON THAT 2.632 -ACRE TRACT OF LAND OUT OF LOTS 1 AND 2, SECTION 1, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND ON AN AREA KNOWN AS LOT 21.BLOCK 41 SEASIDE SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID TRACTS OR PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT "B ". Being 2.632 acres more-or-Joss out of Lois Nos. One (1) and Two (2), Flour Bluff and Encinal Farm and Garden Tracts lying Northeast of the Northeast right -of -way line of Ocean Drive as shown by the official map or plat thereof, of record in Vol. "A ", pages 41 to 43, both inclusive, of the Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes, said tract being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the centerlines of Ocean Drive and Airline Road, thence with the centerline of Ocean Drive N 50° 29' W 312'. THENCE N 390 31' E 40' to the NE R.O.W. of Ocean Drive, the most southerly corner of this tract and the P.O.B. THENCE with said R.O.W. line N 50° 29' W 531.9$' to the most westerly corner of this tract. THENCE with the northwesterly boundary line of this tract N 39° 31' E 137.50'; S 500 29' E 110'; N 390 31' E 99.2F- to the most nor- therly corner of this tract. THENCE S 500 10' 30" E 422.13' to the most easterly corner of this tract. THENCE S 390 31' W 234.52' to the P.O.B. and containing 2.632 acres more or less. SAVE AND EXCEPT that 912 sq.ft. deeded to the•City of Corpus Christi in March, 1969, for Ocean Drive right -of -way. TRACT "F" Lot Two (2), Block Four (4), SEASIDE SUBDIVISION, as recorded in Volume 27, page 9 of the Map Records of Nueces County, Texas. -2- THE SPECIAL COUNCIL PERMIT HEREBY GRANTED SHALL BE SUBJECT TO ALL OTHER CONDITIONS OF "AV APARTMENT- TOURIST DISTRICT. 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, OTHER THAN THE ONE SPECIFIED IN THIS SPECIAL PERMIT, SAID SPECIAL PERMIT WILL BE VOID AND OF NO FORCE AND EFFECT WHATSOEVER. SECTION 3. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI, TCXAS, BE, AND THE SAME IS HEREBY, AMENDED AS HCREIN ORDAINED. SECTION b. 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 CON- FLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID 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 THAT SUCH EMERGENCY AND NECESSITY 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 FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE . DAY OF � //� /�' t ATTES / c CITY Src RCT /RY / APPROVED: / V V.—OF // . A'41�___ CITY ATTO141Y MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christie, Texas J/,a t d ay of a �` °C'�'�� 19 %1 TO TIIE I- l.NBERS 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 Lhe date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, 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, MAYOR r 4 T.HE 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. /may- y'� -`- .' - - Eduardo E. de Ases �' l Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. r V. A, "Dick" Bradley, Jr. Eduardo E. de Ases len McDaniel W. J. ','Wrangler" Roberts V _ Ronnie Sizemore AIR