HomeMy WebLinkAbout17903 ORD - 10/26/1983 (2)AN ORDINANCE
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FIESTA
GARDENS, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN
OPEN AIR RENTAL OPERATION FOR HOLDING WEDDINGS, RECEPTIONS,
PRIVATE PARTIES, AND A WHOLESALE NURSERY WITH AN OFFICE FOR
A LANDSCAPE ARCHITECT ON A PORTION OF LOT 27, SECTION 48,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND LOTS 13
THRU 25, BLOCK 5, FLOUR BLUFF GARDENS; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its
reports and recommendations concerning the application of Fiesta Gardens, 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, October 5, 1983, 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, is amended by making the change hereinafter set out.
SECTION 2. That a Special Council Permit for an open air rental
operation for holding weddings, receptions, private parties, and a wholesale
nursery with an office for a landscape architect be granted on a portion of Lot
27, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, further
described by metes and bounds below, and Lots 13 thru 15, Block 5, Flour Bluff
Gardens, situated in the City of Corpus Christi, Nueces County, Texas, as shown
in the site plan, a copy of which is attached hereto and made a part hereof,
marked Exhibit "A":
FIELDNOTES for 2.50 acres of land out of Lot 27, Section 48,
Flour Bluff and Encinal Farm and Garden Tracts, a map of
which is recorded in Volume A, Pages 41, 42 and 43, Map
Records of Nueces County, Texas:
BEGINNING at a point on the Northeast boundary line of Don
Patricio Road (40.00 feet wide) for the West corner of Lot
25, Block 5, Flour Bluff Gardens, a map of which is recorded
in Volume 11, Page 27 of said Map Records and the South �o o lq��
corner of this tract; SEP
1 903 M1CRUrtLiyiED
THENCE North 60°58'00" West, along the abovementioned
Northeast boundary line of Don Patricio Road, parallel to
the centerline thereof and 20.00 feet distant therefrom,
measured at right angles thereto, 165.00 feet to the West
corner of this tract;
THENCE, leaving said Northeast boundary line, North
29°02'00" East 660.00 feet to the North corner of this
tract;
THENCE South 60°58'00" West 165.00 feet to a point on the
Northwest subdivision line of said Flour Bluff Gardens for
the West corner of Lot 12, Block 5, said Flour Bluff
Gardens, the North corner of Lot 13, Block 5, said Flour
Bluff Gardens and the East corner of this tract;
THENCE South 29°02'00" West, along said Northwest
subdivision line, same being the Northwest boundary line of
Lots 13-25, Block 5, said Flour Bluff Gardens, 660.00 feet
to the POINT OF BEGINNING.
In the event the Board of Adjustment grants any special exception or
variance to the Zoning Ordinance, applicable to the Special Permit herein
granted, other than the one specified in this Special Permit, said Special
Permit shall be void and of no force and effect whatsoever.
SECTION 3. That the Special Permit granted hereby is expressly made
subject to the following terms and conditions:
1. If the owners or operators are convicted three (3) times in one (1) year
under City ordinance or State law for incidents of noise violations, the
special permit is subject to review by the City Council for continued use.
2. The event or activity shall terminate at 11:00 p.m. and gates locked by
12:00 p.m.
3. There shall be no more than three hundred (300) persons in attendance per
event or activity.
4. There shall be no pets allowed on the premises.
5. There shall be no use of illegal drugs.
6. There shall be no loud, boisterous or profane language.
7. There shall be no open fires.
8. There shall be no illegal movies, dances or performances.
9. There shall be no live music or bands except with approval of Fiesta
Gardens.
10. There shall be no permanent facility for the sale of alcoholic
beverages on premises to the general public.
SECTION 4. That the official zoning map of the City of Corpus Christi,
Texas, be, and the same is hereby, amended as herein ordained.
SECTION 5. 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 6. That all ordinances or parts of ordinances in conflict herewith
are hereby expressly repealed.
SECTION 7. That upon written request of the Mayor or five Council members,
copy attached, to find and declare an emergency due to the need for efficient
administration of City affairs by granting the aforesaid zoning change, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances or resolutions at three
regular meetings so that this ordinance is pass d..,,aand shalleke effect upon
1i�:iday of erAt reading as an emergency measure this the .j�,.4j,,i ,
ATTEST:
:t ecretary
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
APPROVED:
a7 /L,,DAY OF Oc74eb-, 19P3:
J. BRUCE AYCOCK, CITY ATTORNEY
G v��
By Assistant City Attorney
Corpus Christi,
Christi , Texas
.? day of p GUIA-%, 198 3.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
MAYOR
THE CITY li CORPUS CHRISTI, TEXAS
The above ordinance was passed 4Y the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
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