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Home My WebLink About11013 ORD - 08/02/19720 JRR/RWC/Mc 8/2/72 1ST OFFICE OF THE CITY ATTORNEY AUGUST 2, 1972 LEGAL OBJECTION 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. 61o6, AS AMENDED, UPON APPLICATION OF BROWNING BROTHERS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 THROUGH 9 AND LOTS 61 THROUGH 64, BLOCK 1405, MERCHANTS ADDITION #6, SITU- ATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -113" ONE FAMILY DWELLING DISTRICT AND "B -1" NEIGHBORHOOD BUSINESS DISTRICT TO "B -4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING 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 THAT PORTION OF THE CAPTIONED ORDINANCE IN WHICH B -4 ZONING IS PROPOSED ON LOTS 61 THROUGH 64, BLOCK 1405, MERCHANTS ADDITION #6, 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, BY THE RULES OF 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 ON LOTS 61 THROUGH 64, BLOCK 1405, MERCHANTS ADDITION #6, WHICH HAVE FRONTAGE ON 17TH STREET. 17TH STREET IS A RESIDENTIAL STREET AND HAS EXPERIENCED NO SIGNIFICANT INCREASE IN TRAFFIC VOLUME. THE PROPERTIES WITH FRONTAGE ON 17TH STREET IN THE AREA OF THE REQUEST ARE DEVELOPED ENTIRELY TO SINGLE FAMILY RESIDENTIAL USE AND ARE REASONABLY WELL MAINTAINED HOMES IN AVERAGE TO GOOD CONDITION. THE PROPOSED CHANGE IN ZONING IS NOT AN EXTENSION OF ADJACENT OR SURROUNDING ZONING. HOWEVER, THE SUBJECT TRACT ON 17TH STREET IS ADJACENT TO A B -1 NEIGHBORHOOD BUSINESS DISTRICT WHICH ENCOMPASSES PROPERTIES FRONTING ON SOUTH STAPLES STREET WHICH IS A MAJOR THOROUGHFARE, WHEREAS THE SUBJECT 0 JRR/RWC/Mc $/2/72 1sT PROPERTY FRONTS ON A RESIDENTIAL OR COLLECTOR STREET WITH NAPLES STREET TO THE SOUTHEAST SIDE. THE REQUESTED CHANGE WOULD BE AN INTRUSION INTO AN ESTABLISHED SINGLE FAMILY USE DISTRICTS I.E. THE LAND MOST AFFECTED BY THE PROPOSED CHANGE IS IN A STATE OF COMMITMENT TO A SINGLE FAMILY DWELLING USE. THE AREA OF THE REQUEST ACQUIRED RESIDENTIAL ZONING UPON ANNEXATION INTO THE CITY AND THE EXISTING HOMES WERE BUILT DURING AND FOLLOWING WORLD WAR II. THEREFORE, IT IS MY OPINION THAT THERE HAS BEEN NO APPRECIABLE CHANGE IN CONDITIONS OF TRAFFIC PATTERNS OR INTENSITY, LAND USE PATTERNS, DENSITY OF POPULATION OR CHARACTER OF DWELLINGS IN THE SUBJECT DISTRICT TO WARRANT THE REQUESTED CHANGE IN ZONING. RESPECTFULLY SUBMITTED JAMES R. RIGGS CITY ATTORNEY BY ASSISTANT CIT TTORNEY cc: R. MARVIN TOWNSEND, CITY MANAGER WILLIAM ANDERSON PLANNING DIRECTOR CAPTAIN ACUFF, CHAIRMAN OF THE PLANNING COMMISSION JRR:jkh:9 -2 -72; :Lac 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 BROWNING BROTHERS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 THROUGH 9 AND LOTS 61 THROUGH 64, BLOCK 1405, MERCHANTS ADDITION #6, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT AND "B -1" NEIGHBORHOOD BUSINESS DISTRICT TO "B -4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL 'OTHER PRO- VISIONS 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 Brmming Brothers 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 July 17, 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 15 HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 110:13 SUCTION 2. THAT THE ZONING OF Lots 1 through 9 and Lots 61 through 64, Block 1405. Merchants Addition #6, situated in the City of Corpus Christi, NueceB County, Texas, be and the same is hereby changed from "R -111" One Family Dwelling District and "B -1" Neighborhood Business District to "B -4" General Business 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 THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THZ DATE OF ITS INTRODUCTION AND TAKE EFFECT AND DE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE o2 ✓>-g� DAY of August 1972 ATTEST- e CITY SECRETAR MAYOR APPROVED: THE CITY OF orr , IRISTI, TEXAS DAY OF August, 1972 CITY ATTOHNCY CORPUS CHRISTI TEXAS a DAY OF .,.F 19-2—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 IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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. - RESPE Y+ 10 YOR THE CITY OF CORP C ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES RONNIE SIZEMORE +� CHARLES A. BONNIWELL -- ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH / THOMAS V. GONZALES I/.--- ILI GABE LOZANO, SR. ✓ - J. HOWARD STARK +/ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES RONNIE SIZEMORE CHARLES A. BONNIWELL ✓/ ROBERTO BOSQuEz, M.D. ✓ . 'REV. HAROLD T. BRANCH 1 THOMAS V. GONZALES ✓ ' GABE LOZANO, SR. ✓ J. HOWARD STARK +/