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Home My WebLink About10808 ORD - 04/19/1972AN 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' RICARDO GON ALEZ . BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF SEC. "C" PAISLEY'S SUBD. HOFFMAN TRACT SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -B" 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 Ricardo Gonzalez 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 April 12,' 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 N0. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. •1• SECTION 2. THAT THE zoNING of the south 1/4 of the north 1/4 of Section "C ", Paisley Subdivision of the Hoffman Tract; fronting 254.09 feet on Gollihar Road and having a depth of 150 feet on Spring Street, located on the northwest corner of Spring Street and Gollihar Road, in the Cfity of Corpus Christi, Nueces County, Texas be and the same is hereby changed from "R -1B" One - Family Dwelling District to "B -1" Neighborhood Business District, said tract being more particularly described as follows: Being a portion of land out of Section C of the Paisley Subdivision of the Hoffman Tract, as recorded in Volume A, Page 28, Nueces County Map Records, Nueces County, Texas. BEGINNING at a 3/4" iron pipe located in the southeast corner of Lot 10, Block 1, Virginia Place Unit #3, as recorded in Volume 14, Page 15, Nueces County Map Records, Nueces County, Texas; THENCE along the southwest line of Virginia Place Unit 03, north 61° 40 Minutes west for a distance of 254.09 feet to a 1" iron pipe; THENCE south 28° 20 Minutes west for a distance of 150 feet to a 5/8" iron rod, such point also on the northeast right - of -way line of Gollihar Road; THENCE along the northeast line of Gollihar Road south 61° 40 Minutes east for a distance of 254.09 feet to a 3/4" iron pipe; THENCE north 28° 20 Minutes east for a distance of 150 feet to the place of beginning. 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 ORDINA14CE 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 DE 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 PASSAGES IT IS ACCORDINGLY SO ORDAINED, THIS THE llyib DAY OF %2J -o THE CITY OF'CORPUS ARj6T1 j TEXAS - CORPUS CHRISTI, TEXAS ` ` `DAY OF 9 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 INTRODUCED1 OR AT THE PRESENT MEETING OF THE CITY COUNCIL. TFULL J J THE CITY OF MRPUS 9NRIjTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTt -_ RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZA LES GABE LOZANO, $R. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ffff ROBERTO BOSQUEZ, M.D. r� REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK JRR:mp:4 /12/72 OFFICE of the CITY ATTORNEY April 12, 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 T114E TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF RICARDO GONZALEZ BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE NORTHWEST CORNER OF SPRING STREET AND GOLLIHAR ROAD IN THE 2700 -2600 BLOCK OF GOLLIHAR ROAD, BEING A PORTION OF LOT 6 OR A PORTION OF THE SOUTH 1/4 OF THE NORTH 1/4 OF SECTION "C ", PAISLEY SUBDIVISION OUT OF THE HOFFMAN TRACT, CONSISTING OF APPROXIMATELY 39,000 SQUARE FEET, 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 CONFLICT HERE- WITH: 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 bordered on three sides by single - family residential uses. Across the street to the South is a Special Permit car wash use, which has adjacent to it a "B -1" Neighborhood Business Use. The general area of the request is a stable, almost entirely developed neighborhood of "R -1B uses, which has been in existence for a period of approximately twenty years. The only signifi- cant change in the character of the area is the recent improvement of Gollihar Street and the granting of the zoning change for the Neighborhood Business Use and Car Wash across Gollihar Road. In conclusion, the land most immediately affected around the subject 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. Respect ull7SZt ames R. Riggs City Attorney cc: R. Marvin Townsend, City Manager William-Anderson, Planning Director Captain Acuff, Chairman of the Planning Commission k 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' RICARDO GON ALEZ . BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF SEC. "C" PAISLEY'S SUBD. HOFFMAN TRACT SITU TED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -B" 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 Ricardo Gonzalez 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 April 12, 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 AMCNDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 6- SECTION 2. THAT THE ZONING OF the south 1/4 of the north 1/4 of Section "C ", Paisley Subdivision of the Hoffman Tract; fronting 254.09 feet on Gollihar Road and having a depth of 150 feet on Spring Street, located on the northwest corner of Spring Street and Gollihar Road, in the City of Corpus Christi, Nueces County, Texas be and the same is hereby changed from "R -1B" One - Family Dwelling District to "B -1" Neighborhood Business District, said tract being more particularly described as follows: Being a portion of land out of Section C of the Paisley Subdivision of the Hoffman Tract, as recorded in Volume A, Page 28, Nueces County Map Records, Nueces County, Texas. BEGINNING at a 3/4" iron pipe located in the southeast corner of Lot 10, Block 1, Virginia Place Unit 113, as recorded in Volume 14, Page 15, Nueces County Map Records, Nueces County, Texas; THENCE along the southwest line of Virginia Place Unit 113, north 61° 40 Minutes west for a distance of 254.09 feet to a 1" iron pipe; THENCE south 28° 20 Minutes west for a distance of 150 feet to a 5/8" iron rod, such point also on the northeast right- of -way line of Gollihar Road; THENCE along the northeast line of Gollihar Road south 61° 40 Minutes east for a distance of 254.09 feet to a 3/4" iron pipe; THENCE north 28° 20 Minutes east for a distance of 150 feet to the place of beginning. 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 k. 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 �e OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MECTINGS 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 TI-C 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 l9ykJ DAY OF � 92J \ s i IO THE CITY OF /CORPUS,6RATI, TEXAS - CORPUS CHRISTI TEXAS `l?vl&DAY OF 10 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. LL J J THE CITY OF CDRPUS ;XRiITIr TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTFr RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LO Z A N0 , SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. �( °_ 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK 4 r JRR:mp:4 /12/72 OFFICE of the CITY ATTORNEY April 12, 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 APPLICATION OF RICARDO GONZALEZ BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE NORTHWEST CORNER OF SPRING STREET AND GOLLIHAR ROAD IN THE 2700 -2600 BLOCK OF GOLLIHAR ROAD, BEING A PORTION OF LOT 6 OR A PORTION OF THE SOUTH 1/4 OF THE NORTH 1/4 OF SECTION "C ", PAISLEY SUBDIVISION OUT OF THE HOFFMAN TRACT, CONSISTING OF APPROXIMATELY 39,000 SQUARE FEET, 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 CONFLICT HERE- WITH; 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 bordered on three sides by single - family residential uses. Across the street to the South is a Special Permit car wash use, which has adjacent to it a "B -1" Neighborhood Business Use. The general area of the request is a stable, almost entirely developed neighborhood of "R -1B uses, which has been in existence for a period of approximately twenty years. The only signifi- cant change in the character of the area is the recent improvement of Gollihar Street and the granting of the zoning change for the Neighborhood Business Use and Car Wash across Gollihar Road. In conclusion, the land most immediately affected around the subject 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. Respect ully slabmit ames R. Riggs City Attorney cc: R. Marvin Townsend, City Manager William Anderson, Planning Director Captain Acuff, Chairman of the Planning Commission