The URL can be used to link to this page

Home My WebLink About022032 ORD - 09/13/1994AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY LEXINGTON JOINT VENTURE, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.345 ACRES OUT OF LOT, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "AT" APARTMENT TOURIST DISTRICT AND "A-1" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT AND GRANTING A SPECIAL COUNCIL PERMIT FOR OUTSIDE AMUSEMENT PARK ON 6.341 ACRES OUT OF LOT 7 SUBJECT TO SIX (6) CONDITIONS; 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 Lexington Joint Venture, 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, August 10, 1994, during a meeting of the Planning Commission and on Tuesday, September 13, 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 detem3ined 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 3.345 acres out of Lot 7, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of S. Padre Island Drive, approximately 300 feet east of Prince Drive, more fully described by metes and bounds description attached hereto as Exhibit "A," be changed from "AT" Apartment Tourist District and "A-1" Apartment House District to "B-4" General Business District. SECTION 3. That a Special Council Permit be granted for an outside amusement park on 6.341 acres out of Lot 7, more fully described by metes and bounds description attached hereto as Exhibit "B," and subject to six (6) conditions. \94NH2830.324.aar 894-2 ')221'32 2 1) USE: The only use authorized by this Special Permit other than the basic "B-4" General Business District uses is an outside amusement park. For purposes of this ordinance, an outside amusement park is a recreational facility conducted outside of an enclosed structure and contains the following activities, including but not limited to bumper boats, skating rinks, motorized rides, go-carts, batting cage, and miniature golf course. No outside amusement rides shall exceed 35 feet in height. All go-carts (motorized vehicles) shall be equipped with a silent -type muffler. Each motorized vehicle may not contain an engine exceeding six (6) horsepower for single -occupant cart of 8 horse power for double -occupant cart. 2) Hours of Operation: The hours of operation shall not extend past 12 midnight. 3) Parking: Off -mai eet parking for the outside amusement park must be provided at a ratio of one (1) parking space for each 750 square feet of amusement area. 4) Track Surface: The surface of any track used by motorized vehicles must be of a nondust producing surface and must be set back a minimum of ten (10) feet from any residentially zoned property and may not be located within the front yard setback. 5) Landscaping: All landscaping must comply with the requirements contained in Article 27B, Landscape Requirements for a "B-4" District. 6) Lighting: All site and parking lot lighting must be directional and must be shielded and directed downward and away from the surrounding properties and public rights-of-way to reduce glare. SECTION 4. In the event the Board of Adjustment grants any special exception of variance to the Zoning Ordinance, applicable to the Special Council Permit herein granted, other than the use specified in this Special Council Permit, this Special Council Permit shall be void and of no force and effect whatsoever. SECTION 5. That the official zoning map of the City of Corpus Christi, Texas, be and the same is hereby amended as herein ordained. SECTION 6. 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 7. 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. U4NH2830.324.aar 894-2 3 SECTION 8. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 9. 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 10. 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 two regular meeting so that this ordinance is gassed and shall take effect upon first reading as an emergency measure this the 1,(3 day of )t fit) r 1 11>ti , 1994. ATTEST: THE CITY OF CORPUS CHRISTI x<11/4 �. MAY •' THE CI iF CORPUS CHRISTI APPROVED THIS THE 29TH DAY OF AUGUST, 1994. JAMES R. BRAY JR., CITY ATTORNEY By: rbert J. Hart, Assistant ttorney ttorney (512)854-3101 STATE OF TEXAS COUNTY OF NUECES LI ROAN ENGINEERING P.O. BOX 6355 • CORPUS CHRISTI. TEXAS 78466-6355 ATTACHMENT NO. 1 Job No. 31456.94.07 July 5, 1994 FAX (512)854-6001 FIELDNOTES for proposed 111-4 zoning of a 3.345 acre, more or less, tract of land (description not from an on the ground survey) out of Lot 7, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas: COMMENCING at a point on the Northwest boundary of Lot 1 A, Woodlawn Annex Unit 3, a map of which is recorded in Volume 39, Page 116, Map Records of Nueces County, Texas from which point the intersection of said Northwest boundary of Lot 1A and the Northeast boundary of South Padre Island Drive bears South 29°01'30' West, with said Northwest boundary of said Lot 1A, a distance of 300.00, more or less; THENCE North 61°03'36' West, 555.00 feet, more or Tess, for the South comer of this tract and PLACE OF BEGINNING; THENCE North 61°03'36 West, with the Southwest boundary of this tract, parallel with the aforementioned Northeast boundary of South Padre Island Drive and 300.00 feet, more or less, distant therefrom, measured at right angles thereto, 435.00 feet, more or less, for the West comer of this tract; THENCE North 29°01'30" East, with the Northwest boundary of this tract, 335.00 feet, more or less, for the North corner of this tract; THENCE South 61°03'36" East, with the Northeast boundary of this tract, 435.00 feet, more or less, for the East comer of this tract; THENCE South 29°01'30' West, with the Southeast boundary of this tract, 335.00 feet, more or less, to the PLACE OF BEGINNING. URBAN EN NEERI Dennis W. Lang, R. -.L.S. Texas License No. 3366 EXHIBIT A 2725 SWANTNER DR. • CORPUS CHRISTI. TEXAS 78404 (512)854-3101 uIRBAN ENGINEERING J P.O. BOX 6355 • CORPUS CHRISTI, TEXAS 78466-6355 ATTACHMENT NO. 1 Job No. 31456.94.07 July 5, 1994 FAX (512)854-6001 STATE OF TEXAS COUNTY OF NUECES ��pp FIELDNOTES for proposed zoning of a 6.341 acre, more or less, tract of land (description not from an on the ground survey) out of Lot 7, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas: COMMENCING at a 1 inch iron pipe found for the Southwest corner of Lot 1A, Woodlawn Annex Unit 3, a map of which is recorded in Volume 39, Page 116, Map Records of Nueces County, Texas , point being the intersection of said Northwest boundary of Lot 1A and the Northeast boundary of South Padre Island Drive; THENCE with the Northeast boundary of South Padre Island Drive, North 61°03'36" West, 555.00 feet, more or less, to a 5/8 inch iron rod found for the South comer of this tract and PLACE OF BEGINNING; THENCE continuing North 61°0316" West, with the Southwest boundary of this tract and with the aforementioned Northeast boundary of South Padre Island Drive, 435.00 feet, more or less, for the West comer of this tract; THENCE North 29°01'30' East, with the Northwest boundary of this tract, 635.00 feet, more or less, for the North comer of this tract; THENCE South 61°03'36" East, with the Northeast boundary of this tract, 435.00 feet, more or less, for the East comer of this tract; THENCE South 29°01'30" West, with the Southeast boundary of this tract, 635.00 feet, more or Tess, to the PLACE OF BEGINNING. URBAN ENGINEE"f FG Den z W. Lang, R.P.L.S. Texas License No. 3366 EXHIBIT B 2725 SWANTNER DR. • CORPUS CHRISTI. TEXAS 78404 4 Corpus Christi, Texas 9 day of J.icv,ty1 ,1994. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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: Uwe, 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, \\MAOR THE CIT Council Members The above ordinance was passed by the following vote: Mary Rhodes OCt, V)CORPUS CHRISTI Dr. Jack Best C. Melody Cooper a Cezar Galindo Cc, -v. Betty Jean Longoria lig io L k. Edward A. Martin a,, >x Dr. David McNichols K 'o David Noyola (.tb) LC kti1 Clif Moss -\ N22(132 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 44056 PO# Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PUBLIC HEARING which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 29th day(s) of August, 1994. One Time(s) $72.00 L. 1 Business Officce Secretary Subscribed and sworn to before me this 15th day of August, 1994. C, Notary PblicJ Nueces County, Texa a D10/Corpus Christi Caller -Times Monday, August 29, 1994 NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATIONS OF THE CITU OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday. September 13, 1994, during a Regular Council Meeting which commences at 2:00 p.m. in the City Council Cham- bers, City Hall, 1201 Leopard. to consider the following zon- ing applicationls) of which said applications are on file in the Office of the City Secre- tary and the Department of Planning. At said time and place of hearing, allpersons and parties interested may appear before the City Coun- cil. The following zoning appli- cations to be considered at the hearing are as follows: 1. 894-1 Corpus Christi Telco A(1 Credit Union: 1R -1B' One - family Dwelling District to "8-4' General Business Dis- trict Located on the east side of S. Staples St., approximately 100 feet south of Curtis Clark Drive. 2. 894-2 Lexington Joint Venture: 'AT' Apartment - Tourist District, -A-1" Apart- ment House District, and "B-4" General Business Dis- trict to 1-2" Light Industrial District Located on the north side of S. Padre Island Drive, approxi- mately 300 feet east of Prince Drive. 3. 894-3 Padre Ayers, Ltd.: "R-18" One -family Dwelling District to "111-4' General Busi- ness District Located on the north side of Johanna Street, approximate- ly 520 feet east of Ayers Street. 4. 894-5 Tomas N. Tiongson: •- "R-113" 'R -1B' One -family Dwelling District to -R-Y Multiple Dwelling District Located on the southwest corner of Linden Street and Weber Road. Information may be ob- tained by calling the Planning Department at 880-3560, or visiting the Planning Depart- ment at 1201 Leopard Street. /s/ Armando Chapa City Secretary City of Corpus Christi