The URL can be used to link to this page

Home My WebLink About12564 ORD - 03/26/1975d"A OPME"m e4j /"I- �-6 � Ordinance No. 12564, approved by unanimous vote of the City Council on March 26, 19753 is being filed for record without the signature of the Mayor of his own volition, and with legal objections of the City Attorney attached. BIZL t.- READ, City Secretary 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. 61o6, AS AMENDED, UPON APPLICATIONBOF R AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 1 AND 9 I YI FS SII11DTVTSTOr1� SITUATED IN THE CITY 5:: F CORPUS CHRISTI, PIUECES COUNTY, TEXAS, FROM ' R 1B" OPIF FYA 71 V f1I ICI I TNr. nTeTRrr.T Aran .1 11 NEIGHBORHOOD BUS Ii nTCTPTrT Tn "R -1" NEIGHBORHOOD —BU NEI DISTRICT ;KEEPING IN EFFLLI 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 RE"ORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF Reimco, Inc. 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 , March 26, 1975 ,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 r 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 ND. 61o6, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. IL2564 SECTION 2. That the zoning on the following described tract or parcel of land be and the same is hereby changed from "R -1B" One Family Dwelling District and "B -l" Neighborhood Business District to "B -l" Neighbor- hood Business District: A tract of land consisting of 7.35 acres of land out of Lots 1 and 2, Lyles Subdivision of a Subdivision of Lots 1 and 2, Section E, Paisleys Subdivision of the Hoffman Tract, a map of which is recorded in Volume 1, page 58 of the Map Records of Nueces County, Texas: BEGINNING AT THE INTERSECTION OF THE SOUTHWEST RIGHT -OF -WAY LINE OF HORNE ROAD AND THE NORTHWEST RIGHT -OF -WAY LINE OF GREENWOOD DRIVE FOR THE EAST CORNER OF THIS TRACT FROM WHICH POINT THE EAST CORNER OF SAID LOT 1, LYLE'S SUBDIVISION BEARS NORTH 28' 19' 15" EAST, 40.0 FEET TO A POINT ON THE CENTERLINE OF SAID HORNE ROAD AND WITH SAID CENTERLINE SOUTH 610 40' 45" EAST, 20.0 FEET: THENCE SOUTH 28° 19' 15" WEST, ALONG SAID NORTHWEST RIGHT -OF -WAY LINE OF GREENWOOD DRIVE PARALLEL To THE CENTERLINE THEREOF AND 20.0 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO, 500.0 FEET TO A POINT FOR THE SOUTH CORNER OF THIS TRACT, THENCE LEAVING SAID NORTHWEST RIGHT -DF -WAY LINE OF GREENWOOD DRIVE, NORTH 61' 40' 45" WEST, AT 310.0 FEET PASS THE COMMON BOUNDARY LINE OF SAID LOTS 1 AND 2, LYLE'S SUBDIVISION IN ALL A DISTANCE OF 640.0 FEET TO A POINT ON THE COMMON BOUNDARY LINE OF LOTS 2 AND 3, LYLE'S SUBDIVISION FOR THE WEST CORNER OF THIS TRACT FROM WHICH POINT THE COMMON CORNER OF LOTS 2, 3, 9 AND 10 OF SAID LYLE'S SUBDIVISION BEARS SOUTH 28° 19' 15" WEST, 120.00 FEET; THENCE NORTH 28° 19' IS" EAST, ALONG SAID COMMON BOUNDARY LINE OF LOTS 2 AND 3, 500.0 FEET TO A POINT ON SAID SOUTHWEST RIGHT -OF -WAY LINE OF HORNE ROAD FOR THE NORTH CORNER OF THIS TRACT FROM WHICH POINT THE NORTH CORNER OF SAID LOT 2, SAME BEING THE EAST CORNER OF SAID LOT 3 BEARS NORTH 28' 19' 15" EAST, 40.0 FEET; THENCE SOUTH 610 40' 45" EAST, ALONG SAID SOUTHWEST RIGHT -OF -WAY LINE OF HORNE ROAD PARALLEL TO THE CENTERLINE THEREOF AND 40.00 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO, AT 330.0 FEET PASS THE COMMON BOUNDARY LINE OF SAID LOTS I AND 2, LYLE'S SUBDIVISION, IN ALL A DISTANCE OF 640.0 FEET TO THE POINT OF BEGINNING AND CONTAINING 7.35 ACRES OF LAND. 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. 6 SECTION . 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 -1 FROM 7v DAY OF 1975• - ATTEST: CITY SECRETARY APPROVED: DAY OF 1975 CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS OFFICE of the CITY ATTORNEY March 26, 1975 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, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF REIMCO INC. BY AMENDING THE ZONING t BY CHANGING THE ZONING ON A PORTION OF LOTS 1 AND 2 L YI Fc CIIRDTVISTON_ SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" OPIF FPMILY OLlFIITNR DTSTRTCT AND "R -1" NEIGHBORHOOD BIISIPlESS DISTRICT_TO °B -l" NEIGHBORHOOD RUSt- NFSS 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 or for the substantial improvement of or protection of the public health, safety, morals, or welfare, consistent and in harmony with the use of surrounding property and, in no event, may rezoning be to the detriment of rights of other property owners. It is my opinion that there is not a sufficient change in condi- tions relative to the subject property to warrant rezoning, and the evidence in the case fails to show that this rezoning will substantially improve or protect the public health, safety, morals or welfare. The evidence does compel the conclusion that the rights of other property owners in the surrounding area will be adversely affected and the use proposed is not harmonious "with adjacent uses. The area of the request is adjacent to an established single= family residential neighborhood, an apartment complex and a neighborhood business district. A general business use would constitute an intrusion into these adjacent districts. I conclude that there are not sufficient changes in the area to justify or support a rezoning from "AB" and "B -1" to "B -4" on the subject tract. Therefore, to grant the request would in my opinion constitute illegal spot zoning. Respectfully submitted, MICHAEL L. MAY Acting City Attorney By, Bill Monkres Assistant City Attorney cc: R. Marvin Townsend, City Mgr. Charles Cartwright, Chairman, Planning Commission Ernest Briones, Director, Planning and Urban Development Corpus Christi, Texas • day of Q�LC 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 resolution fshallybenread attthreeimeetingsuofdthenCity Council; such ordinance or request that you suspend said Charter rule or requirementandpass thI, therefore, ordi- nance finally on the date it is introduced, or at the present meetingiof the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Lnhv James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark