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HomeMy WebLinkAbout07451 ORD - 12/30/1964BJw:12/29/64 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, BY AMENDING THE ZON- ING MArBY CHANGING THE ZONING OF ALL OF LOTS 4, 5, 6, 7, 8, '9; 10 AND 11, WOODLAWN ADDITION #1 AND THOSE PORTIONS OF LOTS 12, 13, 14 AND 15, WOODLAWN ADDITION ,#1, WHICH ARE SITUATED SOUTH OF THE LEOPARD STREET RIGHT OF WAY IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE- FAMILY DWELLING DISTRICT AND "R -2" TWO- FAMILY DWELLING DISTRICT BY THE AUTHORI- ZATION OF A SPECIAL COUNCIL PERMIT FOR THE USES PRO- VIDED IN ARTICLE 15 OF SAID ORDINANCE N0. 6106, AS AMENDED, WITH CERTAIN EXCEPTIONS AND ADDITIONAL CONDI- TIONS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, A JOINT PUBLIC HEARING WAS HELD BY THE CITY COUNCIL WITH THE ZONING AND PLANNING COMMISSION ON FEBRUARY 18, 1963, CONCERNING APPLICATION FOR'REZONING FROM "R -1B" ONE— FAMILY DWELLING DISTRICT AND "R -2" TWO— FAMILY DWELLING DISTRICT TO' " " B -4 GENERAL BUSINESS DISTRICT ON THE SOUTHWEST 250 FEET OF LOT 4 AND ALL OF LOTS 5, 6, 7, H, 9, 1O, AND 11, THE SOUTHWEST PORTION BEING ALL OF THAT PORTION SOUTH OF THE RIGHT OF WAY OF LEOPARD STREET), AND OF LOTS 12, 13, 14 AND 15, ALL OF SAID PROPERTY BEING IN WOODLAWN ADDITION #1, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND WHEREAS, THE ZONING AND PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING SAID APPLICA- TION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, APPLICATION FOR CHANGE OF ZONING FROM "R -18" ONE FAMILY DWELLING DISTRICT AND "R -2" TWO FAMILY DWELLING DISTRICT TO "B -3" SHOPPING CENTER DISTRICT ON THE NORTHEAST 200 FEET OF LOT 4 BEING THE BALANCE OF LOT 4), WOODLAWN ADDITION #1 TO THE CITY OF CORPUS CHRISTI, \ NUECES COUNTY, TEXAS, HAS BEEN FILED WITH THE ZONING AND PLANNING COMMISSION AND A REPORT OF THE ZONING AND PLANNING COMMISSION CONTAINING r THE RECOMMENDATIONS CONCERNING SAID APPLICATION HAS BEEN FORWARDED TO THE CITY COUNCIL; AND 7451 MICROFILMED JAN 2B 1969 L i Fe+ f�+ z r r 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 DECEMBER 9, 1964, 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 AMENDMENT WOULD BEST SERVE PUBLIC HEALTH, NECESSITY AND CONVENIENCE r 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 % 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. ,1 SECTION 2. THAT THE APPLICATION FOR "13 -4t1 GENERAL BUSINESS DISTRICT ZONING BE REJECTED AND CONSIDERATION BE GIVEN TO THE ZONING OF THE ENTIRE AREA FOR 118-311 SHOPPING CENTER DISTRICT, IN ACCORDANCE WITH THE PLOT PLAN OF SAID PROPOSED SHOPPING CENTER DISTRICT SUBMITTED TO THE ZONING AND PLANNING COMMISSION AND HERETOFORE APPROVED BY IT, FOR THE GRANTING OF A SPECIAL USE PERMIT AUTHORIZING SAID PREMISES TO BE USED FOR THE USES AUTHORIZED IN ARTICLE 15 OF SAID ORDINANCE No. 6106, AS ' AMENDED, AND SUBJECT TO ALL OF THE PROVISIONS AND REGULATIONS OF SAID ARTICLE 15, SAVE AND EXCEPT SUBSECTION 15 -5.02 OF SECTION 15 -5, AND IN LIEU THEREOF, TO BE SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS: (1) CONSTRUCTION OF A SIX -FOOT SOLID FENCE WHERE THIS PROPERTY ABUTS OTHER PRIVATE PROPERTY; (2) THAT THE REQUIRED PLOT PLAN UNDER 11B -311 SHOPPING CENTER DISTRICT REGULATIONS MAY BE AMENDED WITH THE APPROVAL OF THE ZONING AND PLANNING COMMISSION; SAVE -2- AND EXCEPT THAT NONE OF THE LIMITATIONS PROVIDED IN SAID ARTICLE 15 EXCEPT SUBSECTION 15 -5.02) BE VIOLATED, AND PROVIDING FURTHER THAT ANY MATTERS CONCERNING TRAFFIC SHALL BE UNDER THE CONTROL OF THE CITY COUNCIL, AND THAT NO CHANGE BE MADE CONCERNING TRAFFIC PATTERN EXCEPT WITH THE PRIOR APPROVAL OF THE CITY COUNCIL; AND FURTHER PROVIDED THAT NO CHANGE IN THE PLOT PLAN BE MADE WHICH WILL DECREASE THE REQUIRED NUMBER OF PARKING SPACES; (3) THAT THE PARKING RATIO BE SUCH THAT A MINIMUM OF 624 PARKING SPACES BE ESTABLISHED WITHIN SAID SHOPPING CENTER DISTRICT AREA; (4) THAT THE OWNER FILE IN THE NUECES COUNTY DEED RECORDS A COVENANT TO RUN WITH THE PROPERTY FOR TWENTY -FIVE YEARS THAT ALCOHOLIC BEVERAGES WILL NOT BE CONSUMED ON THE PREMISES; (5) THAT A SATISFACTORY TRAFFIC PATTERN BE DIVISED MEETING THE REQUIREMENTS OF THE TRAFFIC ENGINEERING DEPARTMENT; AND (6) THAT THE PLOT PLAN HERETOFORE APPROVED BY THE ZONING AND PLANNING COMMISSION IS HEREBY APPROVED, COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, AND SAID SPECIAL USE PERMIT, SUBJECT TO THE ABOVE CONDITIONS, IS HEREBY GRANTED. 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 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, TEXAS, CREATES A PUBLIC EMERGENCY -3- I, akj t AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL 8E 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 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 PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 30TH DAY OF DECEMBER, 1964. ATT THE CITY OF CORPUS CHRISTI, TEXAS V CI Y SECRETARY APPROVED AS TO LEGAL FORM TH S THE 30TH DAY OF DECEMBER, 1964: .1 CITY ATTORNEY ` CORPUS CHRISTI, TEXAS Lo-AY OF y 19_0 ./� �'// 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 INTRD- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES JAMES L. BARNARD ,JAMES H. 'YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G'V OTEI JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. t