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Home My WebLink About11629 ORD - 08/08/1973• JRR:RWC:hb:8 /8/73 -� " 2nd 4 + • , } `0.h. �^c ' Y 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 PARTIC- ULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MRS. ODILIA T. CAVAZOS, BY GRANTING A REVISED SPECIAL PERMIT FOR THE OPERATION OF A BEAUTY SHOP SUBJECT TO THE CONDITIONS HEREIN- AFTER-SET FORTH, ON LOT 37,, BLOCK,I5,#CUIPER ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPINGt °IN,,•EFFECjT;;AFIL'OTHER •PRO- VISIONS OF THE EXISTING ORDINANCE AS °AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARINd AN EMERGENCY. WHEREAS, the Zoning and Planning Commission has forwarded- . to the City Council its reports and recommendations concerning the application of Mrs. Odilia T.'Cavazos 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 August 8, 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 herein- after 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 J' t . s 629 u y amended, be and the same is hereby amended by making the change hereinafter set out. SECTION 2. That a Revised Special Permit be granted covering Lot 37, Block 15, Cuiper Addition to the City of Corpus x Christi, Nueces County, Texas, for the operation of a beauty shop subject to the following conditions: (1) That the operation of the beauty shop f be restricted,to the existing building As indicated on Exhibit "A " 'attached hereto; (2) That there be no entrance from Carlton Street; (3) That the applicant provide adequate on- site parking; (4) That outdoor advertising be restricted as indicated on Exhibit "A" attached hereto; subject to the conditions set forth hereinafter and as more par- ticularly described on the plat, approved by the 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 a notation be made on the official Zoning Map of the City of Corpus Christi, Texas, reflecting the Special Council Permit as herein granted. 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 conflict herewith are hereby expressly repealed. 4• -2- t 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 impe "rative pub Tic necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its intro- _ duction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having re- quested 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 ORDAINED, this the 9 Z_ day of August, 1973. ATTEST: City S cret ry, MAYOR �p_7era i r E CITY OF CORPUS CH ST2, TEXAS TO LEGAL FORM T 8th DAY OF AUGUST, 1973: City Attorney 0 Corpus Christi, Texas k I� day of 1973 Gal TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 'R r 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 iem THE -CITY OF CORPUS CHRII , TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff I Rev. Harold T. Branch 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 s Thomas V. Gonzales 9 Ricardo Gonzalez Gabe Lozano, Sr. ` J. Howard Stark ° JRR':RWGahb,- 8 /.8/73 . +r • ; :` ' ' 2nd (.,� 1.1 •I ,� :; J` -; .� F 1 •• ' R p y$ . � • w 'F OFFICE ' , o .,• • 4) of the + CITY ATTORNEY August 8, 19J3 i a LEGAL OBJECTION + TO ♦ ` ~'t AMENDING E E ZONING '-ORDINANCE -=OF,STHE- CITY�OE=_- ' {' " CORPUS CHRISTI ADOPTED ON THE 27th DAY OF AUGUST, 1937, APPEARING OF- RECORD IN VOLUME 9, PAGES 565, EVSEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, 'AS AMENDED FROM TIME TO , TIME AND PARTICULARLY AS AMENDED BY ORDINANCE th •f�' - +FPl� , +, NO. 6106, AS ,AMENDED �UPAN P PP L P ICATION OF MRS. ODILIA 01, } '��••. T. 'CAVAZOS, BY GRANTINGr_K-REVISED SPECIAL PER -' , MIT FOR THE OPERATION'(54A BEAUTY SHOP SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 37, BLOCK 1.5, CUIPER ADDITION TO THE CITY OF CORPUS. CHRISTI, NUECESCCOUNTY, TEXAS; KEEPING IN EFFECT f ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE a AS AMENDED; REPEALING ALV ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. For the reasons hereinafter stated, legal objection is • hereby £iled, ;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 f 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 cbnditionserelative to the subject property to warrant rezoning. The proposed change in Zoning is not an extension of neighboring or adjacent "B -111 Zoning. The subject lot is partially occupied by a single family residence and is a portion of a residential subdivision that is 100% developed with "R -1B" single family 2 A, 'A, eft 'fuses, the'area in which the subject tract is located was annexed. en's. *- into the City during the period of 19 il'to 1950 and there, has A�een n., retching A I activity in the slabdivision since its -deve-lopment.-" , Adjace�LV' Zon,ing was granted for the �_Pqrta3.rs ,SlioppLri��-CentdjE- in 1954.* T. The residences in the.-area of the request are approx- imately twenty to twenty-fivIe years of age and are maintained in a condition commensurate with the economic status of the'resi- dents. Pride of owners-hie is_refiect(id,in the care of the in the neighborhood and there appears to be no deteri- -oration in the quality of the,homes which are of moderately priced frame construction: Traffic,patternsr and traff&c volumes within the*.sub- divisi!;n and on perimeter street hotin6reased.to the exte;it% to warrant- the gianfiSg el'41MY-fiood business zoning., To grant the4requCest in-absence of such change in con- ditions as referred -to- above, would; in my opinion, constitute illegal spot zoning. Respectfully,submitted, "_James R. Riggs City Attorney cc: R. Marvin Towns6nd,,City Manager William Aitderson, Pl-anning Charles N. Cartwright, Chairman of the Planning Commission V