Loading...
HomeMy WebLinkAbout19087 ORD - 11/12/1985AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES ASSOCIATES, LTD. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A SHOPPING CENTER WITH CERTAIN CONDITIONS ON BLOCK 8, CULLEN PLACE UNIT 1 SUBDIVISION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Nueces Associates, Ltd., 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 Tuesday, November 5, 1985, 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 be granted on Block 8, Cullen Place Unit 1 Subdivision, situated in the City of Corpus Christi, Nueces County, Texas, for a shopping center with certain conditions listed below and according to the site plan, a copy of which is attached hereto and made a part hereof, marked Exhibit "A", and subject to all other considerations of "R-1" One -family Dwelling District: (1) An eight (8) foot brick fence will be constructed along the entire property line of Block 8 that abuts residential lots in the Cullen Place Unit 1 Subdivision; (2) A ten (10) foot buffer area will be maintained between the developer's brick fence and the service drive; (3) The buffer area will be planted with shade trees, excluding any palm trees, and will function as a visual and sound buffer; 04P.212.01 19mm MICROFILMED • (4) The service drive will be designated "one way" in the direction beginning at Airline Road and ending at McArdle Road; (5) No alcohol or food will be served in any retail establishment nor will any retail establishment be allowed to remain open 24 hours a day; (6) No retail store identification signs will be placed on the rear (above 8 feet) or side of the buildings or placed so that the sign would project above the maximum roof line of the building or be visible to the adjacent homeowners; (7) All trash would be placed in containers in designated trash areas with pick-up of said trash occurring during normal business hours (9 a.m. - 6 p.m.); (8) No business that creates strong offensive odors, fume or dust, or permits loud or shrill sounds; (9) No catering halls, theatre, movie theatre, off-track betting parlor, bars, night clubs, discotheques, bowling alleys, head shops, car washes, auto body shops, amusement centers, billiard parlor, funeral parlor, automobile dealership, skating rink, adult book store, or establishments selling, exhibiting, or distributing pronographic or obscene materials, massage parlor, or used goods store; 10) No deliveries except during normal business hours 9 a.m. - 6 p.m.). 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 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 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 04P.212.01 suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 12th day of November, 1985. ATTEST: City Secretar MAYOR APPROVED: % DAY OF NOVEMBER, 1985 Assistant City //ney 04P.212.01 THE CIT OF CORPUS CHRISTI, TEXAS • Corpus Christi, Texas /Z day of 983 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, . Respectfully, MAYOR THE CI OF CORPUS CHRISTI, TEXAS Council Members The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong RESTRICTIVE COVENANTS COVENANTS THE STATE OF TEXAS COUNTY OF NUECES NUECES ASSOCIATES, LTD., a Texas limited partnership, hereinafter called "Nueces", being the owner of that certain tract of land lying adjacent to the southeast corner of the intersections of McArdle Road and Airline. Road in the City of Corpus Christi, Nueces County, Texas, and more particularly described as follows, to -wit: BEGINNING at a point on the north right-of-way line of McArdle Road, which beginning point is also the southwest corner of Lot 1, Block 1, of Cullen Place, Unit I, a sub- division of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof on file and of record in Volume 17, Page 38, Map Records of Nueces County, Texas; THENCE north 2'28' east a distance of 483.43 feet to a point on the west line of Lot 9, Block 1, of the said Cullen Place, Unit I, said point being also the southeast corner of Block 8 of the said Cullen Place, Unit I; THENCE north 60'56'38" west 493.27 feet to a point on the east right-of-way line of Airline Road, said point also being the southwest corner of Block 8 of Cullen Place, Unit I; THENCE in a southerly direction along the right-of-way line of Airline Road to a point where the east right-of-way line of Airline Road intersects the north right-of-way line of McArdle Road; THENCE in a southeasterly direction along the north right-of-way line of McArdle Road to the PLACE OF BEGINNING; said tract of land containing 4.9 acres, more or less; does hereby ESTABLISH, ADOPT and IMPOSE on said tract of land the following restrictions, conditions and use limitations which shall constitute a covenant running with the land and shall be binding upon Nueces, its successors and assigns, and shall inure to the benefit of all persons now owning or hereafter acquiring real property in Cullen Place, Unit I, a subdivision of the City of Corpus Christi, Nueces•County, Texas. Nueces agrees to make reference to this instrument in any future deed conveying said 4.9 -acre tract of land or any portion thereof. Each person, firm or corporation hereafter acquiring said above described 4.9 -acre tract of land, or any portion thereof, whether by purchase, descent, devise, gift or otherwise, by the acceptance of title to same, shall agree and covenant to abide by and perform the terms, conditions, restrictions and covenants as set forth herein•whether or not this instrument is referred to therein. PRICHARD. PEELER. CARTWRIGHT & HAL{• ATTORNEYS AT LAW ¢"aTC 140. D"ARANTT PLAZA CORPUS CHRISTI. TEXAS 78475 Recorded January 90 1986 County Clerk File No. #471699 II. Prior to the time said above described 4.9 -acre tract of land is put to B-1 Business uses as that term is defined by the Zoning Ordinance of the City of Corpus Christi, Texas, Nueces will, in accordance with City of Corpus Christi Ordinance No. 19087 approved by the City Council of the City of Corpus Christi, Texas, on November 12, 1985, erect an 8 -foot high brick screening fence on Nueces' side of the eastern boundary line of said 4.9 -acre tract of land, which eastern boundary line is described as follows: BEGINNING at a point on the north right-of-way line of McArdle Road, which point is also the southwest corner of Lot 1, Block 1, Cullen Place, Unit 1, a subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof on file and of record in Volume 17, Page 38, Map Records of Nueces County, Texas; THENCE north 2'28' east a distance of 483.43 feet to the point of termi- nation on the west line of Lot 9, Block 1, of the said Cullen Place, Unit I, said termination point being also the southeast corner of Block 8, Cullen Place, Unit I. During the time the Special Council Permit granted by said Ordinance No. 19087 is in effect, any required maintenance of said screening fence shall be performed by the persons, firms or parties who are at that time the owner or owners of said 4.9 -acre tract of land, with the cost of same to be borne by said owners on a prorata basis according to the percentage of the surface area of said 4.9 -acre tract of land they own. III. These restrictions, conditions, use limitations and covenants herein set forth shall continue and be binding upon Nueces, its successors and assigns, for a period of twenty-five (25) years from the date hereof unless terminated as hereinafter provided. At the expiration of said term of twenty- five (25) years above set out, such restrictions, conditions, use limitations and covenants shall automatically be extended for an additional ten (10) year period, and for successive periods of ten (10) years thereafter unless same are nullified as hereinafter provided. These restrictions, conditions, use limita- tions and covenants may be earlier terminated in the event the owners of one hundred percent (100%) of the lots located in Blocks 1 and 2 of Cullen Place, Unit I. a subdivision of the City of Corpus Christi, Nueces County. Texas, as -9- shown by the map or plat thereof on file in Volume 17, Page 38, Map Records of Nueces County, Texas, acknowledge in an agreement in writing that they desire to terminate the terms of this instrument and file same in the office of the County Clerk of Nueces County, Texas, or in such office as conveyances of real estate then may be required to be filed, and then and thereafter the restric- tions, conditions, use limitations and covenants set forth in this instrument shall be null, void and of no further force and effect. IV. The restrictions herein set forth shall be binding upon Nueces, its successors and assigns, and all parties claiming by, through or under it, and all subsequent owners of said 4.9 -acre tract of land or any portion thereof, each of whom shall be obligated and bound to observe the terms of this instru- ment; provided however, that no such owner shall be liable except with respect to breaches committed during his or their ownership of said property. The violation of any term or provision of this instrument shall not operate to invalidate any mortgage, deed of trust or other lien acquired and held in good faith against said 4.9 -acre tract of land or any portion thereof, but such liens shall be enforced as against any such land subject nevertheless to the terms of this instrument. Each and every owner of any lot or lots in the said Cullen Place, Unit I, shall have the right to enforce observance or performance of the provisions of this instrument. If any person violates or attempts to violate any term or provision of this instrument, it shall be lawful for any person owning any lot in said Cullen Place, Unit I, to prosecute proceedings at law or in equity against the person violating or attempting to violate any term or provision of this instrument. EXECUTED this 'f( ,day of , 1986. NUECES ASSOCIATES, LTD. BY: (1;0304 e -3- John C. Tatum, General Partner By: Stephlik, General Partner By: Thos. F. Hodge, JC, General Partner THE MATE OF TEALS COUNTY OF NUDGES BEFORE ME, the undersigned authority, on this day personally appeared JOHN C. TATUM, General Partner of NUKES ASSOCIATES, LTD., a Texas limited part- nership, known to me to be the person whose name is subscribed to the foregoing document, and acknowledged tome that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said limiter] partnership. /, GIVEN UNDER MY BAND AND SEAL OF OFFICE this Pk day of 1986. THE STATE OF TECHS * otaryry• c for tSttat� Texas Print Name: - { .e/;€7, S. PO r.-1 My Camuission Expires: ,o- 7- 7 COUNTY OF NUDGES BEFORE ME, the undersigned authority, on this day personally appeared STEPHEN COSLIK, General Partner of NIECES ASSOCIATES, LTD., a Texas limited partnership, known tome to be the person whose name is subscribed to the foregoing document, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this P� day o 1986. -4- NoEary public or to tate o Texas Print Name: 10;,;a 5. Fur -el My Caumission Expires: /4,-1-e7 THE STATE OF TEXAS * =wry OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared THOS. F. HOCGE, JR., General Partner of NUECFS ASSOCIATES, LTD., a Texas limited partnership, known tome to be the person whose name is subscribed to the foregoing document, and acknowledged to me that he executed the same for the purposes and assideration therein expressed, in the capacity therein stated, and as the act and deed of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Q "4 day of 1986. -5- Nbtar Pubor o Texas Print Name: -P4Pri ie _S rerel My Commission Expires: in_ T_ 8�