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Home My WebLink About11094 ORD - 09/20/1972• JRR:RWC:e:9 /20,'72 • 1 2nd 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, UPON APPLICATION OF ROY LAY JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 35 THROUGH 44 BLOCK 16. FLOUR BLUFF PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FRG1M "R -1B" ONE- FAMILX DWELLING DISTRICT DISTRICT TO "R -2" TWO- FAMILY DWELLING DISTRICT ; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. % 4HEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS .CONCERNING THE APPLICATION OF ROY LAY. JR. 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 September 6.1972 , 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. x®94 •JRR:RWC:e:9 /20/72 2nd SECTION 2. That the zoning of Lots 35 through 44, both inclusive, Block 16, Flour Bluff Park, an addition to the City of Corpus Christi, Nueces County, Texas, be and the same is hereby changed from "R -1B" One - Family Dwelling District to "R -2" Two Family Dwelling District. SECTION 3. THAT THE OFFICIAL 20NING 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 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 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 PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 20th PAY OF S er, 1972 ATTESTS ---% „ I / CITY SCCRE AR -MAYOR APPROVED: THE CITY F RF' -, CHRISTI, TEXAS 20th DAY OF SEPTEMBER,1972: CITY ATTORNEY CORPUS CHRISTI, TEXAS ao DAY OF 9_2 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. 7RESPECTFU LYE MAYOR THE CITY OF CO HRISTI, TEXAS THE CHARTER RULE WAS - SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. SON NIWELL ROBERTO BOSQUEZ, M.D. Q•cq.? —__/J REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, $R. J. HOWARD STARK _ LL THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE SI2EMORE CHARLES A. BONNIVELL ROBERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GONZALES�� GAGE L02AN0, $R. J. HOWARD STARK • JRR:RWC:m1:9- 6- 72;1et ,' • OFFICE of the CITY ATTORNEY September 6, 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. 6106, AS AMENDED, UPON APPLICATION OF ROY LAY, JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 33 THROUGH 47, BLOCK 16, FLOUR BLUFF PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R -2" TWO FAMILY DWELLING 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 has not been a general change of conditions or of factors affecting zoning that would justify such requested change. With the sole exception of the existing "A -2" zoned tract to the northwest of the subject, there has been no rezoning activity in the area of the subject since annexation in 1963. The proposed change is not an extension of an adjacent or surrounding district of single family zoning. The area of the subject tract is approxi- mately fifty percent (50 %) developed for single family use and there are no non - conforming uses in the area of the subject tract. Furthermore, the resi- dential street upon which the subject tract abuts has experienced no increase in traffic volumes. s • THE STATE OF TEXAS Z KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES Z That Roy Lay, Jr., as the owner of the following described land, to -wit: Lots 35 through 44, both in- clusive, Block 16, Flour Bluff Park, an addition to the City of Corpus Christi, Texas does hereby bind himself as the fee owner of said land and does hereby impress all of such land with the following restrictions which shall remain in effect for a period of twenty (20) years or as long as such land is zoned "R -2" (Two Family Dwelling District) under the existing zoning ordinance of the City of Corpus Christi, whichever is the earlier date: I. No building or other improvement more than one -story in height shall be erected upon the above described lots. 2. During the term of this restriction the owner shall construct not more than two (2) single family residences (a duplex) upon any of the above described lots. 3: Notice: On very infrequent occasions prior to the date hereof there has been according to a survey a sound level of 115 decibels in the area of the above described land. This restriction is declared to be a covenant running with the land and shall be fully binding upon all persons acquiring all or any portion thereof. If the owner or his successors shall violate or attempt to violate these restrictions, it shall be lawful for the City of Corpus Christi, or any person or persons owning any real property adjoining such lots or directly across the street to enforce such restrictions. Executed and effective this! tie 14th Ay of September, 1972. �/ r �. Y aYa r, THE STATE OF TEXAS X COUNTY OF NUECES Y BEFORE ME, the undersigned authority, on this day personally appeared ROY LAY, JR., known to me to be the person whose name is subscribed to the foregoing in- strument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1,2� day of September, 1972. Nf1'd' RRY11116L in an for ueces ounty, Texas ��