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HomeMy WebLinkAbout06413 ORD - 01/31/1962IMS :JKH :1 -29 -62 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 N0. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING SECTION 25 -4 OF ARTICLE 25 BY ADDING A NEW SUBSECTION (12) AS SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. (F4 "I - - 4 WHEREAS, THE ZONING AND PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING CERTAIN APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS; 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 JANUARY 25, 1962, AT SPECIAL COUNCIL MEETING OF THE CITY COUNCIL IN THE CITY COUNCIL CHAMBER OF THE 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 AMEND - VENT WOULD BEST SERVE PUBLIC HEALTH, NECESSITY AND CONVENIENCE AND THE GENERAL WELFARE OF THE CITY 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, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 29TH DAY OF MARCH, 1961, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGES HERE'fNAFTER SET OUT. SECTION 2. THAT SECTION 25 -4, ARTICLE 25, BE AND THE SAME 15 HEREBY AMENDED BY ADDING A NEW SUBSECTION (12) TO READ AS FOLLOWS: "(12) WHERE THE COMMISSION IS CONSIDERING A CHANGE IN ZONING FROM AN EXISTING ZONING CLASSIFICATION TO A BROADER CLASSIFICATION, WHERE IT IS SHOWN TO THE COMMISSION AT THE HEARING ON THE APPLICATION FOR CHANGE IN ZONING THAT THE APPLICANT HAS PLANS IN SUFFICIENT DETAIL AS TO SHOW IN FULL THE PROPOSED USE OF THE BUILDINGS, STRUCTURES AND PREMISES AND THE PROVISION FOR SUFFICIENT OFF - STREET PARKING FACILITIES SCREENING WALLS OR FENCES AND LANDSCAPING, TOGETHER WITH SUFFICIENT OPEN SPACE AS TO CREATE A PROPOSED TRANSITION BETWEEN A LESSER AND MORE RESTRICTED DISTRICT AND THE COMMISSION, FROM THE EVIDENCE OFFERED AT SUCH HEARING AND A REVIEW AND STUDY OF SUCH PLANS AND STATE- MENTS MADE AT THE HEARING FINDS THAT THE PROPOSED USE AND THE EFFECT UPON SURROUNDING PROPERTY WILL NOT AD- VERSELY AFFECT THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE, AND FURTHER FINDS THAT AMPLE OFF- STREET PARKING FACILITIES AND SUCH SAFEGUARDS AS ARE REQUIRED BY THE COMMISSION HAVE BEEN AGREED TO BE PROVIDED BY THE APPLICANT FOR THE PROTECTION OF SURROUNDING PROPERTY PERSONS AND NEIGHBORHOOD VALUES, MAY, WITHIN ITS DISCRETION BY A MAJORITY VOTE OF THE COMMISSIONS MAKE ANY ONE OF THE FOLLOWING RECOMMENDATIONS TO THE CITY COUNCIL: A. RECOMMEND AGAINST THE CHANGE IN ZONING. B. RECOMMEND A CHANGE IN ZONING. C. RECOMMEND THAT A SPECIAL PERMIT FOR SUCH AREA BE GRANTED; PROVIDED THERE BE INCLUDED WITHIN SUCH RECOMMENDATION A COMPLETE STATEMENT AND PLOT PLAN OF ALL THE REQUIREMENTS DETERMINED TO BE NECESSARY TO BE PROVIDED FOR THE PRO- TECTION OF SURROUNDING PROPERTY, PERSONS, AND NEIGHBORHOOD VALUES TOGETHER WITH THE RECOM- MENDATIONS OF THE COMMISSION AS TO THE REQUIRE - MENTS FOR THE PAVING OF STREETS, ALLEYS, SIDEWALKS, DRIVEWAYS, PARKING LOTS, MEANS OF INGRESS AND EGRESS TO THE PUBLIC STREET, PROVISIONS FOR DRAINAGES PARKING SPACE AND STREET LAYOUTS, AND PROTECTIVE SCREENING AND OPEN SPACE- AFTER RECEIVING THE RECOMMENDATION FROM THE COMMISSION THE COUNCIL MAY, AFTER PUBLIC HEARING AS PROVIDED FOR ZONING CHANGES, GRANT THE CHANGE OF ZONINGS DENY THE CHANGE OF ZONING, OR GRANT A SPECIAL PERMIT, es O'�iB�►`��'D'RiST AND WHICH PERMIT IS GRANTED ONLY IN ACCORDANCE WITH THE SAME STANDARDS OUTLINED IN SUB - PARAGRAPH (C) ABOVE; PROVIDED, HOWEVER, -THAT WHEN THE ACTION TAKEN BY THE COUNCIL IS DIFFERENT FROM THE RECOM- MENDATION OF THE COMMISSION, SAID COUNCIL ACTION SHALL NOT BE EFFECTIVE EXCEPT BY AN AFFIRMATIVE VOTE OF A MAJORITY PLUS ONE OF THE MEMBERS PRESENT AND VOTING. EVERY SPECIAL PERMIT GRANTED BY THE COUNCIL SHALL BE CONSIDERED AS AN AMENDMENT TO THE ZONING ORDINANCE AS APPLICABLE TO SUCH PROPERTY. IN GRANTING SUCH PERMIT THE CITY COUNCIL MAY GRANT SAME FOR SUCH LIMITED PERIOD OF TIME AS THE COUNCIL MAY DECIDE AND MAY IMPOSE CONDIMONS WHICH SHALL BE COMPLIED WITH BY THE GRANTEE BEFORE CERTIFICATE OF OCCUPANCY MAY BE ISSUED BY THE BUILDING INSPECTOR FOR THE USE OF THE BUILDINGS AND IMPROVEMENTS ON SUCH PROPERTY PURSUANT TO SAID SPECIAL PERMIT; AND SUCH CONDITIONS SHALL NOT BE CONSTRUED AS CONDITIONS PRECEDENT TO THE GRANTING OF A SPECIAL PERMIT OR THE CHANGE IN ZONING OF SUCH PROPERTY BUT SHALL BE CONSTRUED AS CONDITIONS PRE- CEDENT TO THE GRANTING OF A CERTIFICATE OF OCCUPANCY. ANY SUCH SPECIAL PERMIT SHALL BE DEEMED TO HAVE EXPIRED -2- WITHIN ONE (1) YEAR OF THE DATE OF THE GRANTING OF THE SAME UNLESS THE PREMISES ARE ACTUALLY BEING USED UNDER SAID PERMIT; PROVIDED THAT ADDITIONAL TIME MAY BE GRANTED ON MOTION BY THE COUNCIL OR PROVIDED IN THE PERMIT AT THE TIME OF THE GRANTING OF THE SAME. WHENEVER THE USE FOR WHICH THE PERMIT IS GRANTED IS FOR ANY REASON TERMINATED THE PERMIT SHALL BE DEEMED TO HAVE EXPIRED.' SECTION 3. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. SECTION 4. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID CHANGES FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF CORPUS CHRISTI, TEXAS, 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 MAYORS HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PAS GE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE If ( DAY OF , 1962. 7' A T- ✓ YOR CIT SECRET AR THE CITY OF CORPUS CHRISTI APPROVED AS TO LEGAL FORM THIS / DAY OF JANUARY, 1962: CITY ATTORNEY CORPUS CHRIST TEXAS DAY 0 19 !o TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION -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, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL, RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, ERAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BEN Fe MICDONALD TOM Re SWANTNER Y DR. JAMES Le BARNARD,-,' JOSE R. DELEON 1C Ms Po MIALDONADO dr We J. ROBERTS p0 JAMES H. YOUNG ar THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTES BEN Fe MCDONALD Tom R. SWANTNER DR. JAMES Le BARMAF JOSE R. DELEON Me P. MALDONADO W. Jo ROBERTS JAMES H. YOUNG