HomeMy WebLinkAbout023225 ORD - 02/24/1998AN ORDINANCE
AMENDING THE ZONING ORDINANCE UPON APPLICATION BY
PRO -37 SPORTS, INC., BY CHANGING THE ZONING MAP IN
REFERENCE TO 2 ACRES OUT OF TRACT NO. 3 OF THE 146 -ACRE
NOAKES TRACT FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO
"B-4" GENERAL BUSINESS DISTRICT AND GRANTING A SPECIAL
PERMIT FOR A GOLF DRIVING RANGE SUBJECT TO A SITE PLAN ON
9.75 ACRES OUT OF TRACT NO. 3 OF THE 146 -ACRE NOAKES TRACT;
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 Pro -37 Sports, Inc., for amendment to the zoning
map of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
January 21, 1998, during a meeting of the Planning Commission, and on Tuesday, February 24,
1998, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of
Corpus Christi, during which all interested persons were allowed to appear and be heard; and
WHEREAS, the City Council has determined that this 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
changing the zoning on 2 acres out of Tract No. 3 of the 146 -acre Noakes Tract, located on the
north side of Up River Road, approximately 150 feet east of Violet Road, from "R -1B" One -
family Dwelling District to "B-4" General Business District. A metes and bounds description of
the property is attached as Exhibit A.
SECTION 2. That a Special Permit is granted for a golf driving range on 9.75 acres out of Tract
No, 3 of the 146 -acre Noakes Tract, located at on the north side of Up River Road,
approximately 150 feet east of Violet Road, metes and bounds description of the property is
attached as Exhibit B, and subject to a site plan attached as Exhibit C and the following
conditions:
1. USE: The only use authorized by this Special Permit other than the basic
"R-1B"One-family Dwelling District and "B-4" General Business District
permitted uses is a range for the golf driving facility adjacent to the south.
Structures associated with the golf driving facility are prohibited within the
Special Permit area, except that distance markers are allowed. No customers are
allowed in the range part of the facility north of the front two (2) acres.
Z0198026.056
MICROFILMED
023225
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2. FENCING: A fence/net must be placed along the lot line or portion thereof to
obstruct the lines of site from any adjacent occupied structure to any part of
structure within the front two (2) acres. The fence/net must have a height of not
less than twenty (20) feet and a length of at least fifty (50) feet. This fence/net
must be installed before a certificate of occupancy is issued for the golf driving
facility, if there is an existing occupied structure adjacent to the east or west
property line. If there is no existing occupied structure adjacent to the east or west
property line, the fence/net must be installed along that property line, or portion
thereof, within 30 days after construction has begun on the structure.
3. LIGHTING: All exterior lighting must be directional and shielded so as to
prevent glare to adjacent properties.
4. SPEAKERS: Outside paging, speakers, telephone bells, or similar devices are
prohibited.
5. SUBDIVISION PROHIBITED. The 9.75 acres may not be subdivided.
7. TIME LIMIT. This Special Permit expires one (1) year from the date of this
ordinance unless the property is being used for the purpose outlined in Condition 1 and
all other conditions have been complied with.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to
reflect the amendment to the Zoning Ordinance in Section 1 of this ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas,
approved on the 27th day of August, 1973, as amended from time to time, except as changed by
this ordinance and any other ordinances adopted on this date, remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a
deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the
Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are
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
Z019802B.056
regular meetings so that this ordinance is passed . d shall take effect upon first reading as an
emergency measure this the Ali h day of t , 1998.
ATTEST:
Armando Chapa
City Secretary
APPROVED: This c 2 6 R day of
James R. Bray, Jr., City Attorney
Samuel L. Neal, Jr.
Mayor, the City of Corpus Christi
Z019802B.056
, 1998.
3
4
Corpus Christi, Texas
AIL day of
1998
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: 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,
Samuel L. Nea , Jr.
Mayor, the City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Melody Cooper
Javier D. Colmenero
Alex L. Garcia, Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
023225
Metes and Bounds Description
of a 2.00 Acre Tract out of
Tract No. 3 of the 146 Acre Noakes Tract, Nueces County, Texas
A 2.00 acre tract of land out of survey No. 304 Abstract No. 808, patented to McCampbell and
Givens. assignees of Fred Steubling, in Nueces County, Texas, and being a pan of Tract No. 3 as set
aside to Malde Brown, et 4 in the partition of the 146 acre Noakes Estate Tract in that certain
partition deed by and between New Noakes, et 4 dated May 2, 1941, and recorded in Volume 280
at Page 543, of the Deed Records of Nueces County, Texas, said 2.00 acre tract being more
particularly described as follows:
BEGINNING at a 3 inch steel pipe in the north tight -of -way of Interstate Highway 37, at a point
which bears N53.35'00"W a distance of 155.00 feet from the southeast corner of said 146 acre
Noakes Estate Tract, the southeast corner of this 2.00 acre tract and said 24 acre tract;
THENCE N28' 16'00"E along the northwest line of Tract No. 2, partitioned to Myrtle Clark, ct al,
in said partition deed, for a distance of 317.26 feet to a point for the northeast comer of this tract;
THENCE N53 °35'00"W a distance of 277,40 feet to a point constituting the northwest corner of this
tract;
THENCE S28' 16'00"W fora distance of 317.26 feet to a point in the north right -of --way of interstate
Highway 37 for the southwest corner of this tract;
THENCE 853°35'00"E along the said north right -of --way line, for a distance of 277.40 feet to the
POINT OF BEONNING.
EXHIBIT A
Metes and Bounds Description
Of a 9.75 Acre Tract out of
Tract No. 3 of the 146 Acre Noakes Tract, Nueces County, Texas
A 9.75 acre tract of land out of survey No. 304 Abstract No. 808, patented to McCampbell and
Givens, assignees ofFred Steubling, in Nueces County, Texas, and being a part of Tract No. 3 as set
aside to Mattie Brown, et al, in the partition of the 146 acre Noakes Estate Tract in that certain
partition deed by and between New Noakes, et al, dated May 2, 1941, and recorded in Volume 280
at Page 543, of the Deed Records of Nueces County, Texas, said 9.75 acre tract being more
particularly described as follows:
BEGINNING at a 3 inch steel pipe in the north right-of-way of Interstate Highway 37, at a point
which bears N53°35'00"W a distance of 155.00 feet from the southeast corner of said 146 acre
Noakes Estate Tract, the southeast corner of this 9.75 acre tract and said 24 acre tract;
THENCE N28 ° 16'00"E along the northwest line of -Tract No. 2, partitioned to Myrtle Clark, et al,
in said partition deed, for a distance of 1546.66 feet to a point for the northeast corner of this tract;
THENCE N53 °35100"W a distance of 277 40 feet to a point constituting the northwest corner of this
tract;
THENCE S28°16'00"W for a distance of 1546.66 feet to a point in the north right-of-way of
Interstate Highway 37 for the southwest corner of this tract;
THENCE S53 °35'00"E along the said north right-of-way line, for a distance of 277.40 feet to the
POINT OF BEGINNING.
EXHIBIT B
60034NKS.M&B
/‘12-z
State of Texas
County of Nueces
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PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
ss: Ad # 1934798
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 City and State, generally
circulated in Aransas, Bee, Brooks, Duval, 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(S): which the annexed is a true copy, was inserted in the Corpus
Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive
on the 2ND day(s) of MARCH, 1998.
TWO (2 ) Time(s)
Corpus Christi Caller -Times Monda
Legal Notices
NOTICE OF PASSAGE
ORDINANCE(S):
NO. 023225, by changing the
zoning map in reference to two
acres of Tract No. 3 of the
148 -acre t Noakes Trract from
'R-113' One -Family Dwelling
District to 'B-4' General Bute -
noes District, and granting a
Special Permit for a golf driv-
ing range subject to a site plan
on 9.75 acres out of Tract No.
3 of the 146 -acre Noakes
Tract. This ordinance was
passed and approved by the
City Council of the City of Cor-
pus Christi on February 24,
1998. /a/Armando Chapa
L
City S City of cCgila
ry
Ord., Da3a -5
Vice -President and Chief Financial Officer
', March 2, 1998/D7
Subscribed and sworn to me on the date of
MARCH 03, 1998.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/01.