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Home My WebLink About11313 ORD - 02/14/1973JRR/RWC/Mc 1/24/730 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 SPOHN HOSPITAL, BY GRANTING A SPECIAL PERMIT FOR A PARKING LOT SITUATED ON LOTS 13, 14 AND 15, BLOCK 1, OCEAN VIEW ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO ALL OTHER CONDITIONS OF "A -1" 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 IS NOT A SUFFICIENT CHANGE OF CONDITIONS RELATIVE TO THE SUBJECT PROPERTY TO WARRANT REZONING. THE PROPOSED CHANGE TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT ZONING ON THE SUBJECT TRACT IS NOT AN EXTENSION OF AN EXISTING "B -1" DISTRICT ADJACENT TO THE SUBJECT OR IN THE SURROUNDING AREA. CONDITIONS OF TRAFFIC, LAND USE, DENSITY, ZONING ACTIVITY, CHARACTER OF USES AND QUALITY OF IMPROVEMENTS HAVE NOT EXPERIENCED A CHANGE SUCH AS WOULD JUSTIFY A NEIGHBORHOOD BUSINESS USE IN AN ESTABLISHED MULTIPLE FAMILY DWELLING DISTRICT. OFFICE OF THE CITY ATTORNEY JANUARY 24, 1973 LEGAL OBJECTION [pn,, //3/3 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 SPOHN HOSPITAL, BY GRANTING A SPECIAL PERMIT FOR A PARKING LOT SITUATED ON LOTS 13, 14 AND 15, BLOCK 1, OCEAN VIEW ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO ALL OTHER CONDITIONS OF "A -1" 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 IS NOT A SUFFICIENT CHANGE OF CONDITIONS RELATIVE TO THE SUBJECT PROPERTY TO WARRANT REZONING. THE PROPOSED CHANGE TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT ZONING ON THE SUBJECT TRACT IS NOT AN EXTENSION OF AN EXISTING "B -1" DISTRICT ADJACENT TO THE SUBJECT OR IN THE SURROUNDING AREA. CONDITIONS OF TRAFFIC, LAND USE, DENSITY, ZONING ACTIVITY, CHARACTER OF USES AND QUALITY OF IMPROVEMENTS HAVE NOT EXPERIENCED A CHANGE SUCH AS WOULD JUSTIFY A NEIGHBORHOOD BUSINESS USE IN AN ESTABLISHED MULTIPLE FAMILY DWELLING DISTRICT. IN CONCLUSION, THE LAND MOST IMMEDIATELY AFFECTED AROUND THE SUBJECT PROPERTY IS IN A STATE OF COMMITMENT TO RESIDENTIAL USES AND I DO' NOT BELIEVE THAT UNDER THE LAW OF THIS STATE THOSE FACTS EXIST WHICH PERMIT. THE COUNCIL TO REZONE. /ESP TFUILY UB I TED !C!G JAMES R. RIGGS� CITY ATTORNEY CC: R. MARVIN TOWNSEND, CITY MANAGER WILLIAM ANDERSON, PLANNING DIRECTOR CAPTAIN ACUFF, CHAIRMAN OF THE PLANNING COMMISSION JRR:RWCrjkh:1- 24-73; It 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 SPOHN HOSPITAL, BY GRANTING A SPECIAL PERMIT FOR A PARKING LOT SITUATED ON LOTS 13, 14 AND 15, BLOCK 1, OCEAN VIEW ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO ALL OTHER CONDITIONS OF "A -1" DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. WHEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF SpOhn Hospital FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, PUBLIC HEARING W.AG HELD AT WHICH HEARING ALL PERSONS WISH,N, TO APPEAR AND BE HEARD WERE YEARD, 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 Wedr_esday, January 24, 1973 , 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 VOLUMC Cl), PAGES 505, ET SEO, OF THE ORDINANCE AND RESOLUTION . RECORDS, AS AMENDED FROM TIME TO TIME, AND IN PARTICULAR AS AMENDED BY ORDINANCE NO. 6I CG, A5 AMENDED, EFL AND THE SAME IS HEREBY AMENDED BY FLAKING THE CHANCE HEREINAFTER SET. OUT. x1313 ae� SECTION 2. That a Special Permit be,graated for a parking lot on Lots 13, 14 and 15, Block 1, Ocean View Addition, situated in the City of Corpus Christi, Nueces County, Texas, in accordance with the approved site plan, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof, and further subject to all.other conditions of "A -1" District. That portion of the public alley upon which the lots described hereinabove abut shall be paved in accordance with the standards as prescribed by the City Platting Ordinance and such paving shall be completed prior to the issuance by the Building Official of a Certificate of Occupancy. In the event the Board of Adjustment grants any special exception or variance to the Zoning Qrdinance, applicable to the property included in the Special Permit herein granted, other than the one specified in this Special Permit„ said Special Permit will be void and of no force and effect whatsoever. SECTION 3. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS DE) AND THE SAME IS HEREBY, AMENDED AS HEREIN ORDLINED. SECTION 11. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVED ON TIIE 27TH DAY or AUGUST, 1937, A14ENDED FROM TIME TO TIMES EXCEPT AS HEREIN CIIANGEDj SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 5. TIIAT ALL ORDINANCES OR FARTS OF ORDINANCES IN CON- FLICT HEREWITH ARE HEREBY EXPRESSLY REPEALCD. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID QIIANGE 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 TIIE SUSPENSION OF THE CHARTER ' RULE THAT NO ORDINANCE OR RESOLUTION SHALL DE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL DE READ AT THPEE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING EXIST, AND DECLARED THAT SUCH EMERGENCY AND NECESSITY HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND OC IN FULL FORCE AND EFFECT FROI•I AND AFTER ITS PASSAGE., IT IS ACCORDINGLY SO OROAI%ED, THIS THE /`{ DAY of � 973 ATTEST •'" a • �— CITY SE CHI,IA(t MAYOR APPROVED: TILE CITY OF ORf IRISTI, TEXAS DAY OF CIIY A1'101IIII:Y GC ✓ AN Vim \V APPROVED 4S c4xzs _tu._ �a>.E , 1.,3a_Oi Traffic Engineering Department Corpus Christi, Texas CON-- GU28 -,Top 9 IN OUT 12 =6' 450 . o ` 04 r - , il �PLMIPNG A2�-A /.LONG IVALK CS` AOVnO- NG -N GONG. WALKS, \` 1 DRIVES. GUfaf3 /�.S IN�ICAjOD \ j '� FaCK3�ING TRF6G�0 REMAIN y 1 per«• -�-� - �- -• --- - - - - -- �/ � , � 1i i r . C)'. A�--anc,c -- w ke CORPUS CHRISTI, TEXAS DAY OF , j9_2 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. - PECTFU LY, MAYOR THE CITY OF 03 CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ., ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH . THOMAS V. GONZALES GABE LOZANO, SR. V. HOWARD STARK - THE ABOVE ORDINANCE WAS PASSED BY THE FOLL^WINGC /VOTE: ' RONNIE SIZE. MORE �•-- . _ U CHARLES A. SONNIWELL • _ ROBERTO BOSQUEZ, M.D. •REV. HAROLD T. BRANCH ' THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK