HomeMy WebLinkAbout11095 ORD - 09/20/1972JRR:RWC:e:9 /13/72
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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.
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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.
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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.
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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