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Home My WebLink About10861 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 a