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Home My WebLink About11095 ORD - 09/20/1972JRR:RWC:e:9 /13/72 1st , AN ORDINANCE AMENDING THE 'ZONING ORDIIANCE 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 N0. 6106, AS AMENDED, UPON APPLICATION OF ROY LAY, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 49 & 50 BLOCK 8 FLOUR BLUFF PARK , SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FRUM "R -1B" ONE-FAMILY DWELT, NG DISTRICT TO "A -1" APARTMENT HOUSE DISTRICT ; KEEPING IN EFFECT ALL OTHER PROVISIO::S 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 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 13,1972 , 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 TIIE CHANGE HEREINAFTER SET OUT. x®95 ` • JRR:RWC:e:7 /13/72 • is t SECTION 2. THAT TIIE ZONING of Lots 49 and 50, Block 8, Flour Bluff Park, be and the same is hereby changed from "R -1B" One - Family Dwelling District to "A -1" Apartment House 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 I1. 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. 6 SECTION . 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 rORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED,-THIS THEoZO-VU DAY OF ember, 1972 ATTEST. o � o CITY SECRETA MAYOR 'f 3�B• TIIE CITY CO U° CHRISTI, TEXAS 13th DA OFse to r 1972 CITY ATTOI • • OFFICE OF THE CITY ATTORNEY September 13, 1972 LEGAL OBJECTION TO 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 RESO- LUTION 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 49 & 50, BLOCK 8, FLOUR BLUFF PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE- FAMILY DWELLING DISTRICT TO "A -1" APARTMENT HOUSE 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. The area of the request is committed to single family residential uses and the proposed change would constitute an encroachment of a multi - family use into an area that is 35 to 40% developed to single family uses. The proposed change is not an extension of an existing, adjacent "A -1" use. Neither has there-been any indication of a change in traffic conditions on the residential -type street upon which the subject lots abut. The proposed change would, in addition, create an island of multi - family uses, or spot zoning, and would tend to-encourage the creation of other similar uses. 0 RWC:e:7 /13/72 1st • In conclusion, the land most immediately affected around the subject property is in a state of commitment to single - family dwellings and I do not believe that under the law of this State those facts exist which permit the Council to rezone. Respectfull Ztted. /.e. R. Rig g's City Attorney cc: R. Marvin Townsend, City Manager William Anderson, Planning Director Captain Acuff, Chairman of the Planning Commission THE STATE OF TEXAS X COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS: - X That Roy Lay, Jr., as the owner of the following described land, to -wit: Lots 49 and 50, Block 8,' 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 1111-2" (Two Family Dwelling District) under the existing zoning ordinance of the City of Corpus Christi, whichever is the earlier date: 1. 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' he 4t day of September, 1972. % `4' l i o a g! ,� THE STATE OF TEXAS X COUNTY OF NUECES ]( 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_1A day of September, 1972. ,Q l NOTARI PUBLIC in and tor Nueces Couniy. Texas 1NNA G ^ACE PIERCE CORPUS CHRISTI TEXAS ,7 -0_ DAY OF • y�� 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 15 INTRODUCED1 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. ELCTFULLY MAYOR THE CITY PUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES . - BONNIE SIZEM ORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. (1�� - - REV. HAROLD.T. BRANCH THOMAS V. GONZALES GAGE LOZANO, $R. J. HOWARD STARK U THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES BONNIE SIZEMORE • CHARLES A. BONNIWELL -. - ROBERTO BOSQUEZ• M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK