HomeMy WebLinkAbout10920 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