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HomeMy WebLinkAbout15500 ORD - 04/23/1980 (2)jkh:23-8130st 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 SEC), 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 SEAVIEW MEDICAL ENTERPRISES, INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE ADDITION OF ,1i • E • iN 'E E CONNOR TRACT IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO EXECUTION OF THE INDEMNIFICATION AGREE- MENT ATTACHED AND MADE A PART OF THIS ORDINANCE, SUBJECT TOTHEPLAT ATTACHED TO AND MADE A PART OF THIS ORDINANCE, AND SUBJECT TO OTHER STATED CONDITIONS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCEAS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Seaview Medical Enterprises, Inc. for amendment to the zoning map of the City of Corpus Christi; 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 Wednesday April 2. 1980 , 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 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 No. 6106, as amended, be and the same is hereby amended by making the change hereinafter set out. 15500 . SECTION 2. That a Special Council Permit for the construction and operation of offices, medical and health facilities be granted for the Edwin E. Connor Tract, situated in the 4600 block of Weber Road, Corpus Christi, Texas, described in Volume 27, page 89,Map Records of Nueces County, Texas, subject to execution of the Indemnification Agreement between the City of Corpus Christi and Seaview Medical Enterprises, Inc., a substantial copy of which is attached hereto, marked Exhibit "A", and made a part hereof; subject, further, to the site plan, a copy of which is attached hereto, marked Exhibit "B", and made a part hereof; and further subject to the conditions hereinafter more particularly set out: (1) So long as the rear portion of the property is not used for the.construction of additionalbuildings or parking lot, the same shall be continuously maintained as a drained and grassed park area. 12) The extended care of tubercular patients is prohibited. (3) The existing masonry walls on the north and south boundary lines shall be maintained and extended in the future to a point which is perpendicular with future development areas and equal to the length of the futuredeveloped area, with a cyclone fence on the remainder of the property where fences do not now exist. (4) The parking requirements for hospital and office uses shall be in compliance with the Zoning Ordinance. All roads and parking areas on the Edwin E. Connor Tract are tobe surfaced and maintained with asphalt or other suitable hard surface material. (6) -The trash area shall be located at the extreme east side of the parking lot or in such other location as to maintain it at a 60 -foot distance from the residential developments. Such trash area shall be maintained in a manner so that it does not constitute a nuisance to the residential area. (7) All lighting fixtures used in the parking area and around the building shall be of the directional type and shall be installed in such a manner as to shield the adjacent resi- dences from any direct light source and in no case shall they be greater than 25 feet above the average elevation of the site. (8) The masonry wall along the north boundary line of said property shall be lowered at its northwest corner in such a manner as to provide an open view for motorists onto Weber Road and thereby removing a traffic hazard. (9) No use shall be allowed on this tract except uses allowed within the "R -1B" One Family Dwelling District and offices, medical and health facilities. (10) Height and building setback lines are hereby established on the Edwin E. Connor Tract from the north, south, east and west boundary lines so that future construction of any permanent main buildings shall not be closer than indicated on the site plan attached hereto and made a part of this ordinance. (5) -2- (11) All conditions uniformly imposed for any construction over a sanitary fill by the Department of Inspections and Operations shall be satisfied. (12) Seaview Medical Enterprises and Physicians and Surgeons Hospital shall hold the City harmless for any and all losses incurred as a result of construction of any type over the sanitary land fill and to indemnify the City in the event of any loss incurred by the City as a result of such construction. A hold -harmless and indemnification agreement shall be entered into by the City and Seaview Medical Enterprises, Physicians and Surgeons Hospital, and such agreement shall be attached and become a part of this site plan. (13) Building permits shall be issued by the City of Corpus Christi for future construction of uses permitted under the terms and conditions of this Special Use Permit without regard to time limitations measured from the date of enactment. (14) Ingress and egress shall only be from Weber Road. (15). Two (2) illuminated nonflashing signs, not to exceed 3' 6" aboveground surface to be located in areas designated on attached site plan. In the event the Board of Adjustmentgrants 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, 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 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 introduc- tion 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 -3- and necessity exist, 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 ,ilts passage, IT IS ACCORDINGLY SO ORDAINED, this the c2SJ day of C.J�,er,o� 1980 ATTEST: Gi�y ec etary • MAYOR APPROVED: 73rd DAY OF. APRIL. 1980 . J. BRUCE AYCOCK, CITY ATTORNEY THE CIS OF CORPUS CHRISTI, TEXAS THE STATE OF TEXAS 1 COUNTY OF NUECES INDEMNIFICATION AGREEMENT KNOW ALL MEN BY THESE PRESENTS: • This agreement entered into by and between the City of Corpus Christi, hereinafter called "City", acting by and through its duly authorized City Manager, R. MARVIN TOWNSEND, and SEAVIEW MEDICAL ENTERPRISES., INC., a Texas corporation, hereinafter called "Seaview", acting by and through its duly authorized officers: WITNESSETH: WHEREAS, Seaview has made application to the City Council of the City for rezoning of the Edwin E. Connor Tract, according to the map thereof of record in Volume 27, page 89, Map Records of Nueces County, Texas, from "R -1B" One Family Dwelling District to "AB" Professional Office District; and WHEREAS. public hearing has been held and the City Council has denied said zoning as requested but in lieu thereof has approved the issuance of a Special Permit, subject to certain conditions as set forth in the ordi- nance authorizing said permit; and WHEREAS, among the conditions imposed by the City Council for the granting of a Special Permit to Seaview is the agreement by Seaview to hold the City harmless from any liability as the result of construction over a sanitary fill and the agreement by the hospital to indemnify the City in the event of any loss incurred by the City as a result of such construction: NOW, THEREFORE, be it mutually agreed that for and in considera- tion of the issuance of a Special Permit by the City Council of the City for the use and benefit of Seaview, to construct and operate a hospital and doctors'office building on the Edwin E. Connor Tract located in Corpus Christi, Nueces County, Texas, and independently and apart from the issuance of said Special Permit, for value received and other good and valuable consideration delivered by the City of Corpus Christi to Seaview, the receipt in hand of which is hereby acknowledged by Seaview, and the said Seaview hereby agrees to hold the City harmless from any and all claims. leases, causes of action and costs resulting from the construction of a hospital and doctors' office building over a sanitary fill, and further agrees to indemnify the City for any loss incurred by it by virtue of such construction. It is expressly understood and agreed that the obligations imposed herein shall be a covenant which will run with the land and be binding on the successors and assigns of Seaview. Further, it is expressly agreed that this agreement is for the protection of the City of Corpus Christi and it is not intended or made for the benefit or enforcement of .third parties. Seaview expressly reserves the right to proceed against third parties, without limitation (excepting only the City -of Corpus Christi), for any loss incurred by it by virtue of such construction. ATTEST: WITNESS OUR HANDS, this the day of CITY.OF CORPUS CHRISTI City Secretary APPROVED: 23rd DAY OF APRIL, 1980: J, BRUCE AYCOCK. CITY ATTORNEY By By ... , 1980. R. Marvin Townsend, City Manager Assistant City Attorney SEAVIEW MEDICAL ENTERPRISES, INC. By: President ATTEST: Secretary THE STATE OF TEXAS 1 COUNTY OF NUECES 1 BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, CITY MANAGER of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing -2- • instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE. this the day of April, 1980. Notary Public in and for Nueces County, Texas THE STATE OF.TEXAS 4 COUNTY OF NUECES II BEFORE. ME, the undersigned authority, on this day personally appeared , President of Seaview Medical Enterprises, Inc., a corporation, known to me to be the person whose name is subscribed to,the foregoing instrument and acknowledged to me that he executed the same on behalf of the Corporation and for the purposes and consideration therein expressed, and in the capacity therein stated and as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the- day of , 1980. Notary Public in and for Nueces County, Texas Page 3 of 3 pages - Indemnification Agreement Corpus Christi, xas p 23 day of ' l , 19 0 a 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 suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is ihtroduced, 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 ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE C OF CORPUS CHRISTI, TEXAS The Charter rule was suspend Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky by the following vote: The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 115500