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HomeMy WebLinkAbout10388 ORD - 07/28/19717/28/71:e AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF OSCAR SPITZ AND MARCUS LUTZ BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 2 OF A RESUBDIVISION OF THE WEST ONE -HALF OF LOT 26, AND A PORTION OF LOT 27, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE- FAMILY DWELLING DISTRICT, TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AND BY CHANGING THE ZONING ON A ONE -ACRE TRACT OF LAND OUT OF LOT 27, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS (MORE FULLY HEREIN - BELOW DESCRIBED) FROM "R -1B" ONE- FAMILY DWELLING DISTRICT TO "A -l" APARTMENT HOUSE DISTRICT; ALL AS SHOWN ON PLAT ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF Oscar SpitZ and Marcus Lutz_ FOR AMENDMENT TO 1HE ZONING MAP OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, PUBLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS WISHING TO APPEAR AND BE HEARD WERE HEARD, TO CONSIDER THE SAME BEFORE THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON July 26. 1971 , AT Special COUNCIL MEETING OF THE CITY COUNCIL IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI; AND WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE 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, PASSED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND IN PARTICULAR AS AMENDED BY ORDINANCE No. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. JL038 O SECTION 2. That the Zoning on a 7.41 -acre tract of land described as Lot 2 of a resubdivision of the west one -half of Lot 26 and a portion of Lot 27, Section 13, Flour Bluff and Encinal Farm and Garden Tracts (as shown by Plat filed for record on May 5, 1958 in the Plat Records of Nueces County) is hereby changed from "R -1B" ONE- FAMILY DWELLING DISTRICT, to "B -1" NEIGHBOR- HOOD BUSINESS DISTRICT; and that the zoning on a 1 -acre tract of land out of Lot 27, Section 13, Flour Bluff and Encinal Farm and Garden Tracts (as shown on map thereof filed for record in Volume "A ", pages 41 to 43, inclusive, Map Records of Nueces County)and more fully described as follows: BEGINNING at a point in the Northwest boundary line of said Lot No. 27 which bears along said line South 29 deg. west a distance of 1149.49 feet from the most Northerly corner thereof for the most Northerly corner of this tract; THENCE South 61 deg. East a distance of 363.0 feet to a point for the most Easterly corner of this tract; THENCE South 29 deg. West to a point on the Northeast right of way line of Holly Road, which said right of way line lies parallel to and 60.0 feet Northeast of the Sout..west boundary line of said Lot 27, for the most Southerly corner of this tract; THENCE North 61 deg. West along the Northeast right of way line of Holly Road a distance of 363.0 feet to the point of intersection of said line with the Northwest boundary lineof said Lot 27 for the most Westerly corner of this tract; THENCE North 29 deg. East along the Northwest boundary line of said Lot 27 to the place of BEGINNING, contain- ing 1 acre of land, more or less; be and the same is hereby changed from "R -1B" ONE - FAMILY DWELLING DISTRICT to "A -1" APARTMENT HOUSE DISTRICT, as shown on the plat attached hereto, marked Exhibit "A ", and made a part hereof. The tracts of land herein rezoned are located at the northwest corner of Holly and Airline Roads. 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, 1937, AS AMENDED FROM TIME TO TIME, EXCEPT AS HEREIN CHANGED, SHALL REMAIN IN FULL FORCE AND EFFECT. -2- SECTION 5. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID CHANGE FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCILS AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER IT PASSAGES IT IS ACCORDINGLY SO ORDAINED, THIS THEoLiJY�GC/DAY OF /%/ ATTEST - P a ax4a- CI Y SE RE AR Y� MAYOR APPR VED: �� THE CITY OF CORPUS C ISTI, TEXAS uD OF CITY AT TOjyY of r `�P • — 4; a w• `r\ a •. z T m • `� � XdlR (1/ � • e �t r ti5 S s c; t� CORPUS CHRISTI TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT 15 INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, PZ r V., _' MAYOR THE CITY OF CORP HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL'`�`', ROBERTO BOSQUEZ REV. HAROLD T. BRANCH,- (, -�,�' THOMAS V. GONZALES GAGE LOZANO, SR. L J. HOWARD STARK I THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ` ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK �