HomeMy WebLinkAbout10933 ORD - 06/21/1972JRR /RC /Mc 5/16/72 1sT
OFFICE
OF THE
CITY ATTORNEY
MAY 16, 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 RESOLUTION RECORDS, A S AMENDED
FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY
ORDINANCE NO. 61o6, AS AMENDED, UPON APPLICATION OF
GENEROSA VASQUEZ BY AMENDING THE ZONING MAP BY CHANGING
THE ZONING ON ALL OF LOT 15, BLOCK 1, CASA BLANCA
SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, FROM "R -1B" ONE- FAMILY DWELLING
DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT;
KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING
ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON-
FLICT 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
BOUNDED ON TWO SIDES BY COLLECTOR STREETS, GREENWOOD DRIVE AND TARLTON STREET.
THE AREA OF THE REQUEST HAS SEVERAL VACANT LOTS, BUT APPROXIMATELY 90% OF THE
IMPROVEMENTS ARE DEVOTED TO SINGLE- FAMILY RESIDENTIAL USE. THE LAND USE
PATTERN IN THE GENERAL AREA IS BASICALLY RESIDENTIAL WITH SMALL ISLANDS OF B -1
USES WITHIN ONE TO TWO BLOCKS IN THREE DIRECTIONS FROM THE SUBJECT TRACT.
THERE IS ALSO A B -1 USE DIRECTLY ACROSS TARLTON STREET FROM THE SUBJECT.
THE AREA OF THE REQUEST HAS HAD LIMITED ZONING ACTIVITY IN RECENT
YEARS. THE AREA IS AN OLDER SUBDIVISION OF MODERATELY PRICED RESIDENCES OF
SMALL SIZE AND OF WOOD FRAME CONSTRUCTION WHICH ARE GENERALLY MAINTAINED IN
GOOD CONDITION IN KEEPING WITH THE INCOME CATEGORY OF THE OWNERS AND OCCUPANTS.
THERE APPEARS TO BE NO DISCERNABLE TREND IN LAND USE CHANGES IN THE AREA.
CONCLUSION
THE AREA OF THE REQUEST HAS NOT EXPERIENCED A CHANGE IN LAND USE
PATTERNS A SIGNIFICANT INCREASE IN VEHICULAR TRAFFIC, A DECLINE IN THE CON-
DITION OF THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOODS OR AN INCREASE IN
POPULATION DENSITY TO AN EXTENT SUFFICIENT TO WARRANT A CHANGE IN ZONING ON
THE SUBJECT PROPERTY. TO GRANT THE REQUEST IN ABSENCE OF A CHANGE IN CONDI-
TIONS REFERRED TO ABOVE WOULDI IN;MY OPINIONS CONSTITUTE ILLEGAL SPOT ZONING.
RESPECTFULLY S IT
.LAMES R. RIGGS
CITY ATTORNEY _
CC: R. MARVIN TOWNSEND, CITY MANAGER
WILLIAM ANDERSON, PLANNING DIRECTOR
CAPTAIN ACUFF, CHAIRMAN OF THE PLANNING COMMISSION
JRR /RC /Mc 5/16/72 1ST
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 SEC,
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
GENEROSA VASQUEZ BY
AMENDING THE ZONING MAP BY CHANGING THE ZONING ON
ALL OF LOT 15, BLOCK 1, CASH BLANCA SUBDIVISION ,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, FROM "R -16" ONE- FAMILY DWELLING
DISTRICT TO B-1 NEIGHBORHOOD 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
GENEROSA VASQUEZ FOR AMENDMENT
TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI; AND y
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 17, 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, 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.
10933
JRR /RC /Mc 5/16/72 1ST
SECTION 2. TIIAT THE ZONING OF ALL OF LOT 15, BLOCK 1, CASA BLANCA
SUBDIVISION BE AND THE SAME IS HEREBY CHANGED FROM "R -IB" ONE - FAMILY DWELLING
DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT.
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 11. 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 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 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 TIC 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 a/� DAY OF
AT7TES
C( Y SECRENAY
AYOR D
APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS
DAY OF
C TY ATTORNEY
.,. of .
CORPUS CHRISTI, TEXAS
DAY OF '19�
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; i, 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. '
RESPECTFULLY,
YOR o T� r'1
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONN I E S I ZEMORE
CHARLES A. BONNIWELL
ROBERTO BOS.uEZ, M.D. r
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES
GABE LOZANO, SR. �V
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONN I E S I ZEMORE
CHARLES A. BONNIWELL III
G ROBERTO BOSQUEZ, M.D.
1 1/ REV. HAROLD T. BRANCH v'
THOMAS V. GONZALES '
GABE LOZANO, SR. t�
J. HOWARD STARK
158 Guaranty Bank Plaza
PO Box 2020 Corpus Christi Texas 78403•
512 8821701
W11FE TITLE COMPANYof Corpus Christi
,Tune 12, 1972
Mr. Robert Coffin
Assistant City Attorney
City Hall
Corpus,Christi, Texas
! Re: Lot 15, Block 1, CASA BLANCA ADDITION,
j Corpus Christi, Nueces County, Texas
Dear'Mr. Coffin:
'With regard to the above captioned property, it is my
understanding that the City Council has agreed to change the
zoning on said property to a "B -1" classification upon the filing
of deed restrictions preventing the sale of liquor upon said
property and preventing the sale of beer or wine upon said prop-
erty for on- the - premises consumption. Our company is closing a
contract covering the sale of the said property; such contract is
subject to the rezoning of said property and can not therefore be
closed until the ordinance authorizing the change in zoning has
been signed by the City Council.
Please be advised that the Seller of the above property has
executed a Deed which provides for the restrictions mentioned
above and that the Purchaser has deposited the purchase price
with us and we are holding said funds in escrow. We are holding
the executed Deed and waiting to close this deal upon the signing
of the ordinance changing the zoning; a copy of the executed Deed
is enclosed for your consideration. I would appreciate your
introducing this matter before the City Council and notifying me
when the Council has signed the order changing the zoning on the
r
c
> � °Fr9jsTi
Formerly DALLAS TITLE COMPANY 01 Corpus Ch-t,
Mr. Robert Coffin
June 12, 1972
Page 2
above property to "B -1 ". As soon as you notify me that such
ordinance has been signed, I can close this transaction and file
the Deed which contains the necessary restrictions.
Thank you for your assistance in this matter.
Sincerely yours,
U. S. LIFE TITLE COMPANY
OF CORPUS CHRISTI
F S t e .` M.
WARRANTY DEED
THE STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL MEN BY THESE PRESENTS:
X •
That I, GENEROSA A..VASQUEZ, sometimes herein referred to as
Grantor, of the:County•of Nueces, State of Texas, for and in
cpnsideration of,the sum of TEN AND N0 1100 ($10.00)�Dollars ands•
other good and valuable consideration'to- me,cash in hand paid by
the Grantee,herein named, the receipt of which is hereby acknowl-
edged, have GRANTED, SOLD AND CONVEYED, and by�these presents do,
GRANT,•SELL AND CONVEY unto SAM SUSSER,' of the County of Nueces);
State of Texas, all of the following described real property „f -
situated.,in Nueces County, Texas, to -wit:
Lot Fifteen (15), Block One (1), CASA BLANCA
:V%, ADDITION, an addition to the City of Corpus
Christi, Nueces County, Texas, as shown by
map or plat thereof recorded in the Map
Records of Nueces County, Texas, in the office
of the County Clerk, to which reference is '
here made for all pertinent purposes..
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging, unto the said Grantee, his heirs and assigns
forever; and I do hereby bind myself, my heirs, executors and
administrators to WARRANT AND FOREVER DEFEND all and singular the
said premises unto the said Grantee, his heirs and assigns,
against every person whomsoever lawfully claiming or to claim the
same or any part thereof, except as to taxes for 1972 and there-
. .• - s. t�:r- ,
after, which are expressly assumed by Grantee herein.
This conveyapce is made and Grantee accepts the same subject
to the covenants and conditions that no liquor other than beer
' ,f '
nx
2.
and wine shall be sold or offered for sale upon the real property
herein conveyed or any part thereof, and that no beer or wine
shall be sold thereon for on- the - premises consumption, and that
no alcoholic beverages shall be consumed upon the premises, and
it shall be lawful for any person or persons owning any lot in
,,said subdivision, or for the City of Corpus Christi, to prosecute
proceedings at law or in equity against any person or persons
violating or attempting to violate any of such restrictions.
Grantee accepts this conveyance subject to the foregoing restric-
tions, covenants and conditions, and agrees that same shall be
deemed to be covenants running with the land and shall be binding
upon and be observed and performed by Grantee herein, as well as
his heirs, executors, administrators and assigns. This convey-
ance is also made and accepted subject to any and all restrictions,
covenants, conditions, reservations, and easements relating to and
affecting the hereinabove described property to the extent that
the same are still in force and effect.
EXECUTED this day of ve 1972.
GENEROSA A. VASQUEZ d
THE STATE OF TEXAS
COUNTY OF NUECES X
BEFORE NE, the undersigned authority, on this day
personally appeared Generosa A. Vasquez, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes
and consideration therein expressed.
3.
GIVEN UNDER my hand and seal of office on this the
day of dwe , 1972.
NOTARY PUBLIC IN AND FOR
NUECES COUNTY, TEXAS