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Home My WebLink About10920 ORD - 06/14/1972JRR /Mc 6/13/72 13T I I 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 SEC, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, UPON APPLICATION OF WILLIAM S. HOPKINS BY AMENDING THE ZONING MAP BY CHANG114G THE ZONING ON A11 I T 4 !h , SITUATOF ED O IN HE CITY CORPUS ChiRIS I, NU CES COUNTY, TEXAS, FRCIM "AR" PR0FFSSIO1lIAI nFFI( -F DISTRICT TO "B -1" NEIGHBORHOOD BII4INFSS -ISTRI('T ; KEEPING IN EFf•ECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. 14HEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF WILLIAM S. HOPKINS 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 WEDNESDAY, JUNE 14, 1972 , AT REGULAR COUNCIL MEETING OF THE CITY COUNCIL 114 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 SE4, 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. 10920 , SECTION 2. That the zoning of Lot 4, Block 25, Windsor Park, Unit #4, be, and the same is hereby, changed from "AB" Professional Office District to "B -1" Neighborhood Business District. 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 It. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF -CORPUS CHRISTI, TEXAS, APPROVED ON THE 27TI1 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 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 BE READ AT TIIREE 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 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 11FTtL DAY OF JUNE, 1972 ATTEST• CI T.Y SECRCTAR ' AYOR APP VED: THE CITY OF CO &, CHRISTI, TEXAS DA OF CITY ATTORNCY CORPUS CHRISTI, TEXAS DAY OF 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; I, 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. _ PE FULLY, q MAYOR THE CITY OF CORPS HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, 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 GAGE LOZANO, SR. (j J. HOWARD STARK JRR/RC/Mc 6/14/72 1ST OFFICE OF THE CITY ATTORNEY JUNE 14, 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 WILLIAM S. HOPKINS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOT 4, BLOCK 25, WINDSOR PARK, UNIT ,#4, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT 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 SUBJECT PROPERTY IS LOCATED IN AN "AB" DISTRICT WHICH ACQUIRED THE ZONING IN 1962. WITHIN THE PRESENT BOUNDARIES OF THE "AB" DISTRICT THERE HAS BEEN NO REZONING ACTIVITY WITH THE EXCEPTION OF A SINGLE SPECIAL PERMIT FOR AN "AS" USE WHICH WAS GRANTED IN 1968 DIAGONALLY ACROSS THE STREET FROM THE SUBJECT. THE PRESENT "AB" DISTRICT IS COMPLETELY DEVELOPED WITH PROFESSIONAL OFFICE USES AND MULTIPLE FAMILY RESIDENTIAL USES. THERE IS AN APARTMENT USE ON THE TWO LOTS IMMEDIATELY TO THE NORTHWEST OF THE SUBJECT. THEREFORE, THE PROPOSED CHANGE WOULD CONSTITUTE ILLEGAL SPOT ZONING FOR THE REASONS THAT THE USES PERMITTED UNDER THE REQUESTED CHANGE WOULD CONFLICT WITH THE ESTABLISHED LAND USE PATTERNS. THE BASIC LAND USE CONDITIONS HAVE NOT CHANGED, I.E. THE CHARACTER OF THE DEVELOPMENTS IN THE DISTRICT HAVE EXPERIENCED NO SIGNIFICANT CHANGES IN QUALITY. THE DISTRICT IS A GOOD EXAMPLE OF A HIGH TYPE OF PROFESSIONAL OFFICE DEVELOP- MENT AND IT IS WELL MAINTAINED. FURTHERMORE, THERE HAS BEEN NO INCREASE OR CHANGE IN POPULATION DENSITY IN THE NEIGHBORHOOD AND THE CHANGES IN TRAFFIC CONDITIONS HAVE SHOWN ONLY A PROPORTIONATE INCREASE WITH THE CONTINUED DEVELOPMENT ALONG SOUTH STAPLES STREET. FINALLY, THE REQUESTED CHANGE WOULD GRANT A SPECIAL PRIVILEGE TO AN INDIVIDUAL AS OPPOSED TO A BENEFIT TO THE GENERAL PUBLIC, RESPEC FULLY EMII�T /.'P /f�D, l�l JAMES R, RIGGS CITY ATTORNEY CC: R. MARVIN TOWNSEND, CITY MANAGER WILLIAM ANDERSON, PLANNING DIRECTOR CAPTAIN ACUFF, CHAIRMAN OF THE PLANNING COMMISSION