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Home My WebLink About10911 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 /� G�e7�iT'� �q.�/ S' CEDAR FENCE 08.09' h� HOUSE GARAGE PARKING ` O R IV E WAY — J * (WORK SHOP) — -� SPACES !- h f . b h j12.BO , , 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