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HomeMy WebLinkAbout023809 ORD - 10/19/1999AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY CHESTER C. COKER, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 5 AND 6 AND THE WEST PORTION OF LOT 4, J. C. RUSSELL FARM BLOCKS FROM "F -R" FARM -RURAL DISTRICT AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-3" BUSINESS DISTRICT ON TRACT 1 AND GRANTING A SPECIAL PERMIT FOR THOSE USES PERMITTED BY RIGHT IN THE "I-2" LIGHT INDUSTRIAL DISTRICT ON TRACT 2 SUBJECT TO A SITE PLAN AND FIVE (5) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Chester C. Coker, for amendment to the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesdays, August 18 and September 1 and 15, 1999, during a meeting of the Planning Commission, and on Tuesday, October 12, 1999, 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 of the east portion of Lot 6, J. C. Russell Farm Blocks, located on the southwest comer of Bates Drive and North Padre Island Drive, from "F -R" Farm -Rural District and "R -1B" One -family Dwelling District to "B-3" Business District on Tract 1. A metes and bounds description of Tract 1 is attached as Exhibit A. SECTION 2. That a Special Permit is granted for an outside amusement park on Tract 2 on Lot 5 and the west portion of Lots 4 and 6, J. C. Russell Farm Blocks, located on the east side of Heinsohn Road, approximately 1,640 feet north of Bear Lane, and subject to a site plan and the five (5) following conditions. A metes and bounds description of Tract 2 is attached as Exhibit B. •435309 Z089909A.287 2 1. ALLOWED USES. The only uses authorized by this Special Permit other than those uses permitted by right in the "F -R" Farm -Rural District are those uses permitted by right in the "I-2" Light Industrial District. 2. ACCESS. Access to the subject property must comply with the following: a. Until Heinsohn Road and/or Bates Drive are improved to current City standards; all access for the customers and employees shall be restricted to North Padre Island Drive. b. Emergency and service vehicles may access the subject property from Heinsohn Road via a service breakaway gate. 3. ROAD DEDICATION. Development of Tract 2 requires dedication of the right-of-way for Heinsohn Road in accordance with the Transportation Plan, and dedication of the right-of-way for the extension of Bates Drive from North Padre Island Drive to Heinsohn Road. The owner may improve and use the dedicated right-of-way for the Bates Drive extension as a private driveway if the owner obtains a use privilege agreement from the City Council. 4. WATER LINE. Development of Tract 2 requires a tap into a looped water line constructed in accordance with City standards. 5. 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 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. Z089909A.287 3 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 thisordi c is passed a d shal take effect upon first reading as an emergency measure this the lay of , 1999. ATTEST: rrk Armando Chapa City Secretary amuel L. Nea, . Mayor, the City of Corpus Christi APPROVED: This 14th day of October, 1999. James R. Bray, Jr. City Attorney By: R. Ja�/Reini Assistant Coy Attorney Z089909A.287 AREA REQUESTED TO BE ZONED B-3 FIELD NOTES DESCRIPTION 8.06 acres of land, more or less, being out of the Eastern portion of Lot 6, Block 2 of the J. C. Russell Farm Blocks as recorded in Volume 28, Page 58-59 of the Map Records of Nueces County, Texas. Being more fully described by metes and bounds as follows: BEGINNING: at a point for the Northwest corner of this 8.06 acres on the Northern line of said Lot 6, the Southern line of Lot 2, Block 3 of the J.C. Russell Farm Blocks, from which the Northwest corner of Lot 6 The Northeast corner of Lot 5 bears WEST — 600.00 feet. THENCE: EAST — 412.79 feet to a point for a comer of said Lot 6 and a corner of this 8.06 acres. THENCE: SOUTH — 20.00 feet to a point for a corner of said Lot 6 and a corner of this 8.06 acres. THENCE: EAST — 275.00 feet to a point for the Northeast corner of said Lot 6, the Northeast corner of this 8.06 acres on the Western R.O.W. of State Highway 358 (North Padre Island Drive). THENCE: SOUTH — 160.00 feet along the Western R.O.W. of State Highway 358, the Eastern line of said Lot 6 to a point for a corner of said Lot 6 and a corner of this 8.06 acres. THENCE: S 040 05' 08" E — 333.85 feet along said line to a point for the Southeast corner of said Lot 6, the Northeast corner of Lot 7, Block 2 of the J.C. Russell Farm Blocks. THENCE: WEST — 711.58 feet along the Southern line of said Lot 6, the Northern line of Lot 7 and being the Northern line of a 120 foot Drainage Easement, to a point for the Southwest corner of this 8.06 acres. THENCE: NORTH — 513.00 feet to the PLACE OF BEGINNING and containing 8.06 acres of land, more or less THIS DESCRIPTION IS BASED ON THE MAP OF THE J.C. RUSSELL FARM BLOCKS RECORDED IN VOLUME 28, PAGES 58-59 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS EXHIBIT A 32.80 acres, being all of Lot 5 containing 15.56 acres, the Western portion of Lot 6 containing 7.07 acres and 10.17 acres out of the Western portion of Lot 4, Block 2 of the J. C. Russell Farm Blocks as recorded in Volume 28, Page 58-59 of the Map Records of Nueces County, Texas. Being more fully described by metes and bounds as follows: BEGINNING: at a point for the Northwest corner of said Lot 5, the Southwest corner of Lot 1, Block 3 of the J.C. Russell Farm Blocks recorded in Volume 28, Page 58-59 of the Map Records of Nueces County, Texas; said point being on the Eastern R.O.W. of Heinsohn Road. THENCE: EAST — at 1,321.00 feet pass the Northeast corner of said Lot 5, the Northwest corner of Lot 6 for a distance in all of 1,921.00 feet to a point for the Northeast corner of this 32.80 acres. THENCE: SOUTH — 513.00 feet to a point on the Southern line of said Lot 6, the Northern line of a 120 foot wide Drainage Ditch being the Northern line of Lot 7 of the said J.C. Russell Farm Blocks. THENCE: WEST — at 600.00 feet pass the Southwest corner of Lot 6, the Northwest corner of Lot 7, the Northeast corner of Lot 4 and the Southeast corner of Lot 5 of the said J.C. Russell Farm Blocks; a distance in all of 1057.70 feet to a interior corner of this 32.80 acres and being a corner of a 120 foot wide Drainage Ditch. THENCE: SOUTH — 513.00 feet along the Western line of a 120 foot wide Drainage Ditch to a point on the Southern line of Lot 4, the Northern line of Lot 3 of the said J.C. Russell Farm Blocks. THENCE: WEST — 863.30 feet along the Southern line of Lot 4, the Northern line of Lot 3 of the said J.C. Russell Farm Blocks to a point on the Eastern RO.W. of Heinsohn Road for the Southwest corner of Lot 4 and the Northwest corner of Lot 3 of the said J.C. Russell Farm Blocks and being the Southwest corner of this 32.80 acres. THENCE: NORTH — along the Eastern R.O.W. of Heinsohn Road, the Western line of Lots 4 and 5 of the J.C. Russell Farm Blocks, at 513.00 feet pass the Northwest corner of Lot 4, the Southwest corner of Lot 5; a distance in all of 1,026.00 to the PLACE OF BEGINNING and containing 32.80 acres of land. THIS DESCRIPTION IS BASED ON THE MAP OF THE J.C. RUSSELL FARM BLOCKS RECORDED IN VOLUME 28, PAGES 58-59 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS EXHIBIT B r 0 0 %' 0 0 PLOT DATE: HEINSONN ROAD SECONDARY ACCESS AND SERVICE VEHICLE ACCESS of - 0 - 1 Dl 0 J 0 0 C 0ii u00 Caw n O� 2PI c0'Dn nr zM. n { 10 y �mx xmAy70 N mA AMUSEMENT AND WATERPARK O SOUTH 513.00 -1 V O N r � $3 co ME 3.90.50.1,05 4 NORTH PADRE ISLAND DRIVE STATE HIGHWAY 358 4 Corpus Christi, Texas Hday of OC 1999 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 I;. Neal, Jr. Mayor, the City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex Kinnison Betty Jean Longoria John Longoria Mark Scott Z089909A.287 r.)23809 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 3112143 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 PUBLIC HEARING TO 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 27TH day(s) of SEPTEMBER, 1999. TWO (2 ) Time(s) $179.35 Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of SEPTEMBER 28, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission L t=a l o �3'7a 3. D o rc (--a ccs"0i3gg( 4, coke -- xpires on 5 14 -0 a7Q G oge-o( -Times, Monde 1110 HHEt RING HILO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given In accordance with the law that the City Council of the City of Corpus Christi wig conduct a 'public -hearing "on Tyfrirday,' October 12,;1989, during a' -Regular Council Meeting which commences at 2:00 p.m. In the City Council Chambers, City Hall, 1201 Ledpard, to consider the following zoning application(s) of which said applications are on file in the Office of the City Secretary and the "-Department of Planning. At said time and place of hearing, WI persons and parties interested may appear before the City Council. The .zoning. application(*)_ to, be considered at the -hearing are as follows: .1.999.2, Haley •Builders Inc,: 'R -IA One -Family Dwelling District to 'A-1' Apartment House District- -Located on the north side of Ocean Drive, approximately 500 feet west of South Alameda Street 2.999-3, William R. . Hayward: 'F -R' Fann- Rural District to 'B-4' General Business District --Located on the southwest corner of Northwest Boulevard (F.M. 624) and County Road 73. 3.999-4, Doddridge, Associates: '8-1' Neighborhood Business District to '3-4' General Business District -- Located on the northwest corner of Doddridge and South Alameda Streets. .4.899.9, Chester C. Coker. 'F -R' Farm -Rural District to 1-2' Light Industrial District -Located on the east side of Heinsohn Road, approximately 1,640 feet north of Bear Lane. 5.999-10, Chester C. ). Coker: 'F -R' Farm -Rural District and 'R -IB' One - Family Dwelling District to "B-3' Business District- -Located on the southwest corner of Bates Drive and South Padre Island Drive. information may be obtained by calling the Planning Department at 880-3560, or visiting the Planning Depaf inent at 1201 Leopard Street. hi/Armando Chaps City Secretary d Co s Christi ember 27, 1999 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 3168971 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 Patricia, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE(S): NO. 023807 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the TiCaller-Times`� CorpusiChristi Caller -Times, Monday, October 25, 1999 OCTOBER, 1999. O a 3Q) ( O 3g0 ji/ 1110 LEGAL NOTICES TWCNOTICE OF OF ORDINANCE(S): NO. 023807, by granting a special permit for a second dwelling unit subject to a site plan and four conditions to Lot 4, Block 13, Edgewater Terrace; NO. 023808, by changing the zoning map in reference to Lot 1, Block 1, Self Tract by granting a special permit for an enclosed boat bam facility subject to a site plan and four conditions; and NO. 023809, by changing the Zoning Map in reference to Lots 5 and 6 and the west portion of Lot 4, .1. C. Russell Farm Blocks from 'F -R' Farm -Rural District and "11-1B" One - family Dwelling District to 'B-3' Business District on Tract 1 and granting a special permit for those uses permitted by right in the '1-2' Light Industrial District on Tract 2 subject to a site plan and five conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. These ordinances were passed and approved by the City Council of the City of Corpus Christi on October 19, 1999. /e/Armando Chapa City Secretary City of Corpus Christi $97. zz Vzz � i�� Vice -President and Chief Financial Officer Subscribed and sworn to before me this 26TH day(s) of OCTOBER, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.