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HomeMy WebLinkAbout022403 ORD - 11/14/1995AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY AQUA PARK, INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN OUTSIDE AMUSEMENT PARK SUBJECT TO SIX (6) CONDITIONS ON BROOKLYN ADDITION, BLOCK 54, LOTS 3A, 5A AND 6A; 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 Aqua Park, Inc., 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, October 18, 1995, during a meeting of the Planning Commission and on Tuesday, November 14, 1995, 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 an outside amusement park on Brooklyn Addition, Block 54, Lots 3A, 5A and 6A, located between Elm Street and Bridgeport Avenue and between Seagull and W. Surfside Boulevards (U. S. Highway 181), subject to the following six (6) conditions: 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 provided that none of the outside amusement rides exceed a height of 35 feet. 2. PARKING: Each open amusement use must provide parking at a rate of 1.33 parking spaces for each 1,000 square feet of floor area or site area for that use. 3. SETBACK: All amusement uses must setback at least twenty (20) feet from all adjacent public rights-of-way and from the south property line of Lot 3A. 4. LANDSCAPING: All landscaping must comply with the requirements contained in Article 27B "Landscape Requirements" for a "B-4" General Business District and as a 95N112830.379 / 1095-4 11-03-95 022403 AlvABLME.0 2 minimum, the property must provide a five (5) foot wide landscaping strip along the adjacent public rights-of-way in front of the amusement use. The landscaping must be installed within one (1) year of the date of this ordinance for the existing use. All landscape materials must be kept in a healthy, growing condition at all times. 5. LIGHTING: All site and parking lot lighting must be shielded and directed downward and away from the surrounding properties and public rights-of-way so as to reduce glare. 6. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions. 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 two regular meetings so that this ordinance}is passed and shall take effect upon first reading as an emergency measure this the fit day of lave tuber, 1995. 95NH2830.379 / 1095-4 11-03-95 T r MAY THE CIT OF CORPUS CHRISTI 3 APPROVED THIS THE 3RD DAY OF NOVEMBER, 1995. JAMES R. BRAY JR., CITY ATTORNEY By: rbert J. Hart, Assist. 4r Attorney 95N112830.379 / 10954 11-03-95 Corpus Christi, Texas tik day of 1\)C kirMiLick r TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 1995 4 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, Council Members Respectfully, MAYOR THE CITY The above ordinance was passed by the following vote: Mary Rhodes 010. Dr. Jack Best at l Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 95N112830.379 / 1095-4 11-03-95 i CORPUS CHRISTI 4 Cu 022403 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 217409 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financia] Officer of the Corpus_Chrisli_Calleralmes, 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 TO CONSIDER ZONING APPLICATIONS OF THE CITY OF CORPUS CHRISTI which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 30TH day(s) of OCTOBER. 1995. ONE (1) Time(s) S 130.90 0 =�. i,4/ 4 411t of /514,, µARq C. ►uspC'• •2• o:= 0 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 2.1112 day of NOVEMBER. 1995. Public, Nueces County, Texas i6 c Print or Type N. a of Notary Public CONNIE HARALSON plantar fires n 5:14/97. zm if-1110g.c • z� m , tid • U3> .om ali 2" a al 8193Firin 011.521" $�CmT °—.0022 wove _iSm2m2;2484SmmyUc= ngSnlEa0 ��Vm�=Oy. ,10 ossp O—•�Tm2N Jg2zr. OOJwe¢viU Sem �<mm_.0 E.•� so- co gtrm m811)80eg 5V5� ,3m.t oCEJU'c IVO0 ZS PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 259029 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer 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 PASSAGE OF ORDINANCE NO. 022403 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 20TH day(s) of NOVEMBER. 1995. ONE (l) Time(s) $ 28.90 `"N 11111 I,4„/,, `'��E.NAq'', O? reel °pot `O % =* • '`haat, :*1 ` •..... (Sy . 4 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 27TH day of NOVEMBER. 1995. • Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.