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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 2 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 } } 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.