HomeMy WebLinkAbout10861 ORD - 05/17/1972, a
JRR:mc:5 -5 -72; 1st
AN ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS
CHRISTI ADOPTED ON THE 27TF1 DAY OF AUGUST, 1937,
APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ,
OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED
FROM TII4E TO TIME AND PARTICULARLY AS AMENDED BY
ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF'
POINDEXTER & WHARTON SALES-CORPORATION BY
AMENDING THE ZONING MAP BY CHANGING THE ZONING ON
ALL OF LOT 1, BLOCK 9, MOLINA ADDITION #2 ,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, FROM "R -1B" ONE- FAMILY MIELLING
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
POINDEXTER & WHARTON SALES CORPORATION 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
MAY 1, 1972 , 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
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.
10861
SI.CTI ON 2. TIIA1' THE ZONING OF ALL OF LOT 11 BLOCK 9, MOLINA ADDI-
TION #2, SITUATED 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 -I°
NEIGHBORHOOD BUSINESS DISTRICT.
SECTION 3. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS
CHRISTI, TEXAS, DE, 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 TIIE 27TH DAY OF AUGUST, 1937, AS
A14ENDED 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 REPEALFD.
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 TH: DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL
FORCE AND EFFECT FROM AND AFTER ITS SSAGE, IT IS ACCORDINGLY SO
ORDAINED, THIS THE / VOAY OF / / 7°��
U
CITY Of CORD )A /HRISTI, TEXAS
CORPUS TEXAS
I / 7 DAY, OF � 19--Z-Z'
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.
PEC ULLY,
a °
MAY
THE CITY OF CO PU CH ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO 130SQUE22 M.D.
.'
REV. HAROLD T. BRANCH
THOMAS V. GDN2A LES
l
J. HOWARD STARK
- l+
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING VOTE:
BONNIE $12EMORE
_ I'-'
CHARLES A. BONNIWELL
. ROBERTO BOSQUE Z, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GAGE LDZAND, $R.
J. HOWARD STARK
- -[
JRR:RWC:BJw :5/10/72:1ST
OFFICE
OF THE
CITY ATTORNEY
MAY 10, 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, AS AMENDED
FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY
ORDINANCE NO. 61o6, AS AMENDED, UPON APPLICATION OF
POINDEXTER & WHARTON SALES CORPORATION BY AMENDING THE
ZONING MAP BY CHANGING THE ZONING ON ALL OF LOT 1,
BLOCK 9, MOLINA ADDITION #2, 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 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 CONDI-
TIONS RELATIVE TO THE SUBJECT PROPERTY TO WARRANT REZONING. THE AREA OF THE
SUBJECT TRACT WAS ANNEXED INTO THE CITY AS AN "R -1B" SINGLE- FAMILY RESIDEN-
TIAL DISTRICT IN 1954 AND WAS PARTIALLY DEVELOPED AS A SINGLE FAMILY SUB-
DIVISION AT THAT TIME. THE SIGNIFICANT CHANGE IN THE NEIGHBORHOOD IS THE
GENERAL UP- GRADING BY THE RECENT ACTIVITIES OF THE NEIGHBORHOOD IMPROVEMENT
PROGRAM. SINGLE FAMILY RESIDENTIAL DEVELOPMENT IS CONTINUING WITH THE NEW
SUBDIVISION ALONG ROCKFORD DRIVE.
IN CONCLUSION, THE NEIGHBORING AND ADJACENT PROPERTY WHICH WOULD
BE THE AREA MOST AFFECTED BY THE REQUESTED CHANGE IN ZONING IS COMMITTED TO'
SINGLE FAMILY RESIDENTIAL ZONING AS EVIDENCED BY CONTINUED "R -1B" DEVELOPMENT
�4
-.e .
JRR:RWC :13Jw :5/10/72 :1ST
AND BY A LACK OF RE- ZONING ACTIVITY IN THE GENERAL AREA. THERE HAS BEEN
ALMOST A TOTAL LACK OF CHANGE OF CONDITIONS IN THE AREA SUFFICIENT TO
WARRANT RE- ZONING OF THE SUBJECT TRACT. THE REQUESTED CHANGE WOULD BE AN
INTRUSION INTO AN ESTABLISHED LAND USE PATTERN WHICH WOULD CONSTITUTE
ILLEGAL SPOT ZONING.
RESPEC LLY U IT ED
JAMES R. RIGGS
CITY ATTORNEY
CC: R. MARVIN TOWNSEND, CITY MANAGER
WILLIAM ANDERSON, PLANNING DIRECTOR
CAPTAIN ACUFF, CHAIRMAN OF THE PLANNING COMMISSION
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