HomeMy WebLinkAbout10911 ORD - 06/14/1972JRR /MC 6/5/72 2ND
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
FERNANDO DE LA ROSA BY GRANTING A SPECIAL PERMIT FOR
THE OPERATION OF AN AIR - CONDITIONING REPAIR SHOP ON
ALL OF LOT 1, BLOCK 11, AUSTIN ADDITION, IN THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO
THE FOLLOWING REQUIREMENTS:
1. THAT THERE BE NO MORE THAN TWO PERSONS ENGAGED IN
THE AIR - CONDITIONING BUSINESS.
2. THAT THE PERMIT TERMINATE WITH A CHANGE OF OWNER-
SHIP OF THE PROPERTY.
3. SUBJECT TO ALL OTHER CONDITIONS OF "B-411 "GENERAL
BUSINESS DISTRICT.
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 FERNANDO DE LA
ROSA FOR AMENDMENT TO THE 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 WEDNESDAY, MAY 31, 1972
AT REGULAR 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, r
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.
SECTION 2. THAT A SPECIAL PERMIT BE GRANTED FOR THE OPERATION OF
10911
JRR /Mc 6/5/72 2ND
AN AIR CONDITIONING REPAIR SHOP ON ALL OF LOT 1, BLOCK 11, AUSTIN ADDITION,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE FOLLOWING
CONDITIONS: -
1. THAT THERE BE NO MORE THAN TWO PERSONS ENGAGED IN
THE AIR — CONDITIONING BUSINESS. ,
2. THAT THE PERMIT TERMINATE WITH A CHANGE OF OWNERSHIP
OF THE PROPERTY.
3. SUBJECT TO ALL OTHER CONDITIONS OF °B -4° GENERAL
BUSINESS DISTRICT,
ALL AS MORE FULLY SET FORTH ON THE SITE PLAN ATTACHED HERETO, APPROVED BY
THE PLANNING COMMISSION, AND MADE A PART HEREOF.
IN THE EVENT THE BOARD OF ADJUSTMENT GRANTS ANY SPECIAL EXCEPTION
OR VARIANCE TO THE ZONING ORDINANCE, APPLICABLE TO THE PROPERTY INCLUDED IN
THE SPECIAL PERMIT HEREIN GRANTED, OTHER THAN THE ONE SPECIFIED IN THIS
SPECIAL PERMIT, SAID SPECIAL PERMIT WILL BE VOID AND OF NO FORCE AND EFFECT
WHATSOEVER.
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.
SECTION 5. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
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 COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY
EXIST, 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 ITS PASSAGE, IT IS ACCORDINGLY SO
ORDAINED, THIS THE �:;U DA OF JU E, j972,
ATTES i I .
CITY ECRETARY MAYOR
THE CITY OF CORP CHRISTI, TEXAS
APPROVED: DAY OF JUNE, 972:
CITY ATTORNEY,/ �72 yJ /�
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APPLICATION NO. 372 -10
NAME: FERNANDO DE LA ROSA
LEGAL DESCRIPTION: LOT I,BLK.11
4 20 40
AUSTIN ADDITION
FEET
CORPUS CHRISTI, TEXAS
k DAY, OF
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, 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; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
,WS'PECTF LLY,
O
MAYOR /
THE CITY OF 0 US 'HRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWE LL 0
ROBERTO BOSQUEZ, M.D. --
REV. HAROLD T. BRANCH
THOMAS V. GDNZA LES
GABS LO ZANO, $R,
J. HOWARD STARK 'p—
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
al L-
CHARLES A. BONNIWE LL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.�='—
J. HOWARD STARK
a
JRR /Mc 6/7/72 2ND
OFFICE-
OF THE
CITY ATTORNEY
MAY 31, 1972
LEGAL OBJECTION
TO
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 RESOLU-
TION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY
AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICA-
TION OF FERNANDO DE LA ROSA BY GRANTING A SPECIAL PERMIT
FOR THE OPERATION OF AN AIR - CONDITIONING REPAIR SHOP ON ALL
OF LOT 1, BLOCK 11, AUSTIN ADDITION, IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE FOLLOWING RE-
QUIREMENTS:
1. THAT THERE BE NO MORE THAN TWO PERSONS ENGAGED IN THE
AIR - CONDITIONING BUSINESS.
2. THAT THE PERMIT TERMINATE WITH A CHANGE OF OWNERSHIP OF
THE PROPERTY.
3. SUBJECT TO ALL OTHER CONDITIONS OF "BA" GENERAL
BUSINESS DISTRICT.
KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING
ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING AN EMERGENCY.
FOR THE REASONS HEREINAFTER STATED, LEGAL OBJECTION IS HEREBY
FILED, THROUGH THE CITY SECRETARY, WITH THE CITY COUNCIL TO THE CAPTIONED
ORDINANCE, PURSUANT TO CITY CHARTER, ARTICLE IV, SECTION 25(A), AND PRIOR
TO ACTION UPON SAID ORDINANCE BY THE CITY COUNCIL:
THE REZONING TO BE EFFECTED BY THE CAPTIONED ORDINANCE CONSTITUTES
"SPOT ZONING ", OR IRRELEVANT ZONING, BY THE RULES OF LAW IN THE STATE OF TEXAS.
REZONING IS TO BE MADE ON CHANGED CONDITIONS.
IT IS MY OPINION THAT THERE IS NOT A SUFFICIENT CHANGE OF CONDITIONS
RELATIVE TO THE SUBJECT PROPERTY TO WARRANT REZONING. THE SUBJECT PROPERTY
IS A PARCEL OF A LARGE SINGLE FAMILY RESIDENTIAL ZONED DISTRICT WHICH EXTENDS
TO THE EAST, NORTH AND WEST OF THE SUBJECT. THE AREA OF THE SUBJECT WAS
ANNEXED INTO TH11E11 CITY APPROXIMATELY TWENTY -FIVE YEARS AGO, OR AROUND 19116.
THE ADJACENT B -V ZONING ALONG MORGAN AVENUE WAS DESIGNATED UPON ACTION BY
THE CITY ON OR ABOUT THE TIME OF ANNEXATION.
THE LAND USE PATTERN IN THE AREA OF THE REQUEST HAS BEEN STABLE
SINCE THE DATE OF ANNEXATION INTO THE CITY. ZONING ACTIVITY IN THE AREA OF
REQUEST AND ALONG ITS PERIMETER HAS BEEN PRACTICALLY NIL SINCE ANNEXATION.
THERE HAVE BEEN NO DISCERNABLE SHIFTS IN POPULATION DENSITY IN THE AREA OF
REQUEST.
FOR THE REASONS STATED i AM OF THE OPINION THAT THE GRANTING OF A
SPECIAL PERMIT FOR A B -11, GENERAL BUSINESS USE WOULD EFFECTIVELY CONSTITUTE
A CHANGE OF USE OF THE SUBJECT PREMISES WHICH WOULD BE INCOMPATIBLE WITH THE
SURROUNDING AREAS AND THEREFORE WOULD AMOUNT TO AN ILLEGAL SPOT ZONING.
IN CONCLUSION, THE LAND MOST IMMEDIATELY AFFECTED AROUND THE SUB-
JECT PROPERTY IS IN A STATE OF COMMITMENT TO SINGLE - FAMILY DWELLINGS AND I
DO NOT BELIEVE THAT UNDER THE LAW OF THIS STATE THOSE FACTS EXIST WHICH PERMIT
THE COUNCIL TO REZONE.
• RESPECTFULLY SUB T / /T /E9�
GG��,s�C�/ 1�'�_�
_ AMES R. RIGGS /
' CITY ATTORNEY
CC: R. MARVIN TOWNSEND, CITY MANAGER
WILLIAM ANDERSON PLANNING DIRECTOR
CAPTAIN ACUFF, CHAIRMAN OF THE PLANNING COMMISSION