HomeMy WebLinkAbout11094 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 ��