HomeMy WebLinkAbout11013 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 +/