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Home My WebLink About11556 ORD - 07/05/1973JRR:vp:6 /28/73:lst 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 N , FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY # ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JESUS ,ARCTA, BY GRANTING A SPECIAL PERMIT FOR A WASHATERIA'USE ACCORDING TO THE SITE PLAN APPROVED BY THE COMMISSION ON MARCH 20, 1973 ON ALL OF LOTS 7 AND 8, BLOCK K, MONTE VISTA ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COtNTY, TEXAS, SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING 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 FOR AMENDMENT Jesus Garcia __ TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI; AND t 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 June 28, 1973 , AT Special COUNCIL MEETING OF THE CITY COUNCIL IN THE COUNCIL CHAMBER AT CITY HALL• IN THE CITY OF CORPUS�•t7! CHRISTI; AND r•a WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH. 4. • AMENDMENT WOULD BEST SERVE PUBLIC HEALTH, NECESSITY AND CONVENIENCE AND r rl. 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 OFI RECORD IN VOLUME 9, PAGES 5651 ET SEQj OF TIIE ORDINANCE AND RESOLUTION -' x� RECORDS, AS AMENDED FROM TIME TO TINE, AND IN PARTICULAR.AS AMENDED BY ' ORDINANCE ND. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENOEO BY •!P'" d MAILING TIIE CHANGE IEREINAFTER SET OUT. tR 11556 SECTION 2. 'That a Special Use Permit be granted for a Washateria use according to the site plan approved by the Commission on March 20, 1973, on all of Lots 7 and 8, Block K, Monte Vista Addition, situated in the City of Corpus Christi, Nueces County, Texas, subject to the conditions set forth hereinafter, and as more particularly described on the plat, approved by the t Planning Commission,.a copy of which is attached hereto and made a part hereof, marked Exhibit "A ", and subject to all other conditions of "B -1" District Zoning. In the event the Board of Adjustment grants any special exception or variance to the Zoning Ordinance, 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, BE, AND THE SAME IS HEREBY, AMENDED AS HEREIN ORDAINED. SECTION 11. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVED ON THE 27TH DAY OF AUGUST, 1937, AS A14ENDED 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 THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO 7ui. y; ORDAINED, THIS THE S.zR� DAY of brie. 1973 ATTEST: I CITY SECRCTARY ' MAYO APPROVED: � � s THE CITY OF CORPUS CHRISTI, TEXAS DAY OF JUNE, 1973 CI r ALIT 00 ItNryY k�_ / �^ .7-?,-7 3 $tL rw—iG6l2LGhL�i R ;l Corpus Christi, Texas day of > 19 -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. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, EXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch R Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. .R: J. Howard Stark ,-Tk OFFICE of the CITY ATTORNEY July 2, 1973 LEGAL OBJECTION w + 1 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 PROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JESUS GARCIA, BY GRANTING A SPECIAL PERMIT FOR A WASH&TERIA USE ACCORDING TO THE SITE PLAN APPROVED BY THE COM14ISSION ON MARCH 20, 1973 ON ALL OF LOTS 7 AND S, BLOCK K, MONTE VISTA ADDITION, SITUATED IN TILE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITIONS SET rORTH•HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. r 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 lacv in the State of Texas. Rezoning is to be made on chanSed coudi.tions. It.is my opinion that there is not a sufficient change of conditions relative to the subject property to warrant rezoning. The subject property is bounded on one side by a collector street, 19th, and on one side by a residen- tial SLrcet•, Lot.us. The entire subdivision itself is a pocket of single fa.aily residences totally surrounded by a public water work:: installation, a public Park, irk, a Public school, a public housing authority and a large heavy industrial use. Thore is no direction in which the neighborhood can uxpand. the zoniu, districts in the area of the request were established with one exception, when vi-,c zoning ordinance was adoptod in 1937. Since that date, only unc chvigc in zoning has been permitted in I-he nci.ghborL+oud, that t "'44- being a B -1 use granted in 1950. A few lots in the subdivision are vacant, with occupancy approximately 90 %. The proposed use is not an extension of an existing B -1 district, but represents an intrusion into an established residential area. The subdivision is an older residential area of predominately smaller wood frame houses which are generally maintained in keeping with the income category of the owners and occupants. To grant the request in the absence of a change in conditions referred to above would, in my opinion, constitute illegal spot zoning. Respectfully submitted, � 1"rZ"-Ze -- i' James R. Riggs / City Attorney cd cc: R. Marvin Townsend, City Manager William Anderson, Planning Director Charles N. Cartwright, Chairman of the Planning Commission