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Home My WebLink About11711 ORD - 09/26/1973JRS:cd dh;8- 26 -73; let • 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 DAVID BOMBA BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF T.OTS T AWn 9- 'Ftl.nr.7 r WINDSOR PARR TIT 4. SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM --'R--W' ONE FAMILY DWELLING DISTRICT TO it 1. PROFESSIONAL OFFICE DISTRICT ; KEEPING IN EFFECT ALL OTHER PROVISIONS 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 David Bomba 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 _26. 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 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 the change hereinafter set out. 11711 • • SECTION 2. That the zoning of all of Lots 1 and 2, Block 34, Windsor Park Unit 4, situated in the City of Corpus Christi, Nueces County, Texas, be and the enme is hereby changed from "B -1B" One Family Dwelling District to "AB" Professional Office 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 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 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 &RR:RWC:hb:9 /26/73 0 OFFICE AMENDING THE ZONING ORDINANCE OF THE CITY of the CITY ATTORNEY OF CORPUS CHRISTI ADOPTED ON THE 2'7th DAY OF AUGUST, 1937, APPEARING OF RECORD IN ZJ�p p•??a. September 26, 1973 ORDINANCE AND RESOLUTION RECORDS, AS AMENDED LEGAL OBJECTION AMENDED BY ORDINANCE NO. 6106, AS AMENDED, TO UPON APPLICATION OF DAVID BOMBA, BY AMENDING 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 or- dinance 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 in conditions relative to the subject property to warrant zoning. The proposed change in zoning is not an extension of existing or surrounding AB zoning. The subject property is entirely developed on three sides with single family residences AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 2'7th 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 DAVID BOMBA, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK 34, WINDSOR PARR UNIT 4, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE- FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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 or- dinance 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 in conditions relative to the subject property to warrant zoning. The proposed change in zoning is not an extension of existing or surrounding AB zoning. The subject property is entirely developed on three sides with single family residences and is a portion of a larger residential district that is 100% developed with R -1B uses. The subject property has frontage upon Everhart Street and faces to an AB zoned district across Everhart Street. The subject request is not considered to be an extension of such AB zoning across Everhart Street as Everhart presents a physical division or separation from existing AB use. The subdivision in which the subject property is located was developed prior to 1960 and since that time there has been no rezoning activity within the subdivision. The requested change constitutes an intrusion of a business use into a residential neighborhood and would permit businesses and uses that would be inconsistent with the residential character of the area. Everhart Road has experienced an increased traffic volume, however, this is not a sufficient change of condition, standing alone, to warrant granting the request. The residential character and the quality of the structures fronting on Everhart have shown some slight deterioration, the general area developed with frame residences and generally are maintained in a manner in keeping with the economic status of the residence. Therefore, to grant the request in absence of a change in conditions as discussed herein would, in my opinion, constitute illegal spot zoning. Respectfully submitted, James R. Riggs City Attorney cc: R. Marvin Townsend, City Manager Charles N. Cargwright, Chairman, Planning Commission Ernest Briones, Director of Planning and Urban Development 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 26th day of September, 1973 ATTEST: City S6cretary APPROVED: 26th BAY OF September, 1973 Cj.ty Attorney • MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • • Corpus Christi, Texas g day of 19 '3 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- a ion 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, TEXAS The Charter rule was suspended by the following vote: Jason Luby / James T. Acuff 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 Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark i �y