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Home My WebLink About022010 ORD - 08/09/1994AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY T.C. ISENSEE BY GRANTING A SPECIAL COUNCIL PERMIT FOR THIRTEEN (13) APARTMENT UNITS SUBJECT TO TWO (2) CONDITIONS ON ISENSEE SUBDIVISION, BLOCK 3, LOT 1; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of T. C. Isensee for amendment to the zoning map of the City of Corpus Christi. WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, July 13, 1994, during a public meeting of the Planning Commission and on Tuesday, August 9, 1994, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that 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 for thirteen (13) apartment units on Isensee Subdivision, Block 3, Lot 1, located on the west side of Clarkwood South Road, approximately 435 feet south of Agnes Street subject to two conditions: 1) USE: The only use authorized by this Special Permit, other than the basic "R -1B" One -family Dwelling District uses, is an apartment complex limited to a maximum of thirteen (13) units on 6.13 acres as a single lot. Said thirteen (13) units shall be located exclusively within the school buildings existing on the property on the date of passage of this Ordinance. 2) AVIGATION EASEMENT: The owner shall execute an avigation easement, approved by the City Attorney's Office, appropriate for recording with the County Recorder before a certificate of occupancy is issued. \ 94NH2830.323. aar 794-2 022010 bitCROFILMEQ. 2 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, 1973, as amended from time to time, except as herein changed, shall remain in full force and effect. SECTION 5. That, to the extent that the amendment to the Zoning Ordinance set forth herein above represents a deviation from the Comprehensive Plan, the Comprehensive Plan is hereby amended to conform to the Zoning Ordinance as amended herein. SECTION 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the (1 day of (6! lit, 1994. ATTEST: 111149 ty Secretary THE CITY OF CORPUS CHRISTI APPROVED THIS 25TH DAY OF JULY, 1994. JAMES R. BRAY JR., CITY ATTORNEY By: \94NH2830. 323.aar 794-2 T ORPUS CHRISTI Corpus Christi, Texas et day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1994. 3 For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR THE CITY O ORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Mary Rhodes1L� Dr. Jack Best (t -y j Melody Cooper Cezar Galindo (tt.y2 Betty Jean Longoria 6L6. Edward A. Martin MGA' Dr. David McNichols Ck ra'14 LU David Noyola pjr Clif Moss al),U \94NH2830. 323. aar 794-2 022010 STATE OF TEXAS § COUNTY OF NUECES § AVIGATION EASEMENT DOC* 928785 WHEREAS, T. C. Isensee (Grantor) is the owner of 6.3 acres out of the southeast corner of Survey 404, conveyed to him by Warranty Deeds and Quitclaim Deed dated March 23, 1992 recorded in Document Numbers 797658, 797659 and 797661 of the Official Records of Nueces County, Texas, described in the Warranty Deeds and Quitclaim Deed (Premises); and WHEREAS, the City of Corpus Christi (City) owns and operates the Corpus Christi International Airport (Airport) located in Corpus Christi, Nueces County, Texas; and WHEREAS, this Avigation Easement is for the flight of aircraft to or from the Airport over the Premises: NOW, THEREFORE, the Grantor agrees as follows: 1. As a condition of the City granting a Special Permit for an apartment complex on the Premises, T. C. Isensee hereby grants and conveys this perpetual Avigation Easement over the Premises to City for the free and unobstructed passage and flight of all aircraft in all airspace above the surface of the Premises above the horizontal limits of the civil airport imaginary surfaces described in Federal Aviation Regulations, Part 77, as applicable to Airport (Airspace), together with the right to cause, in or through the Airspace, such noise, vibrations, and all other effects as may be inherent in the navigation or flight of aircraft now or hereafter used or known, including without limitation the highest volume of noise (decibels) allowed by federal law, further, the right to use the Airspace for landing at, taking off from, or operating from, to, at, on, or over the Airport, expressly including any future change or increase in the Airport boundaries or runways, or volume or pattern of aircraft traffic, by all existing and future types of aircraft. 2. T. C. Isensee, his heirs, and assigns shall be allowed to construct or remodel thirteen (13) apartment units on the Premises, pursuant to the Special Permit. All leases for the thirteen (13) apartment units shall contain a statement that the Premises are subject to an avigation agreement which may result in loud noise and low flying aircraft. If this covenant is breached, City may commence any legal or administrative action to reform the lease(s) to include 92NH2878.001.ak 1092-2 T December 1, 1992 such a statement. Grantor shall pay for all City's costs, including attorneys' fees, in remedying such a breach within thirty (30) days of City's invoice. 3. Grantor shall not erect nor permit the erection of any structure or object, nor permit the growth of any shrub or tree on the Premises above a mean sea level elevation of one hundred (100) feet. If this covenant is breached, City may cut down the shrub or tree, or commence legal or administrative action to remove the offending structure or object. Grantor will pay for all City's costs, including attorneys' fees, in remedying such a breach within thirty (30) days of City's invoice showing the costs incurred. 4. Grantor shall not use the Premises in any manner which might interfere with the landing or taking off of aircraft at the Airport, or otherwise constitute an airport hazard and will comply with all related federal, state or local rules and regulations. If this covenant is breached, City may commence legal or administrative action to abate the interference. Grantor will pay for all City's costs, including attorneys' fees, in remedying such a breach within thirty (30) days of City's invoice showing the costs incurred. 5. Grantor conveys this Avigation Easement to the Airport, its successors and assigns, until the Airport is abandoned and ceases to be used for airport purposes. 6. This Avigation Easement and all rights, and restrictions herein shall run with the Premises, shall be appurtenant to and for the benefit of the Airport, and shall be binding upon Grantor. SIGNED this a day of pl/o UEmf EC , 199 3 . 92NH2878.O01.ak 1092-2 2 GRANTOR Isensee December 1, 1992 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on by T. C. Isensee. ion herein *filch =Diets at Sit Wei WOO oftedirati REAL E Wads. .ofRace, edict; ; 1 thgg£e a Handicap, Female' MEP. tAW.3Ori2/S?. invalid and nnontote a ung STATE Of TEXAS COUNTY Ieb,certify thattb Instrument was ILEDinein File me.and File Homey Se4aence on the data and tnr¢lime swas duty REfOROED, in the Official Public Records of Metes County. Texas on SEP 1 3 1994 A COUNTY NUECES COUNTY, TEXAS Po 60--y 9-0), 77 92NH2878.001.ak 1092-2 3 /Yip ufin ,199.3 / Public, Stalk of Texas Printed Name: Expiration Date: Doc* 928785 s i1.UU Date 09-13-1994 Time 11:38:50 Filed it Recorded in Official Records of NUECES Counter TX. ERNEST M. BRIONES Clerk of Courts December 1, 1992