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Home My WebLink About11031 ORD - 08/09/1972JRR /RWC /Mc 8/9/72 1sT = OFFICE OF THE CITY ATTORNEY AUGUST 9, 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 BY ORDINANCE NO. 61o6, AS AMENDED, UPON APPLICATION OF MRS. DEMETRIO TOVAR, JR., BY GRANTING A SPECIAL PERMIT FOR A FLORIST SHOP ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", SAID FLORIST SHOP TO BE SITUATED ON ALL OF LOT 12, BLOCK 2, MID- WAY ADDITION, LOCATED ON THE SOUTHEAST CORNER OF HORNE ROAD AND PRESCOTT STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 ORDINANCE 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 CONDITIONS RELATIVE TO THE SUBJECT PROPERTY TO WARRANT REZONING. THE BLOCK IN WHICH THE SUBJECT IS LOCATED IS ALMOST ENTIRELY DEVELOPED AND USED AS A SINGLE- FAMILY RESIDENTIAL DISTRICT. THE SURROUNDING AREA IS APPROXIMATELY 95% DEVELOPED WITH SINGLE- FAMILY RESIDENCES. THERE IS, HOWEVER, A1�� 4 -LOT TRACT IMMEDIATELY WEST OF THE SUBJECT ON HORNE ROAD WHICH IS ZONED B -4 BUT IS ACROSS A COLLECTOR STREET, PRESCOTT STREET, FROM THE SUBJECT. SINCE ANNEXATION IN 1946 THERE HAS BEEN VERY LIMITED REZONING ACTIVITY IN THE GENERAL AREA, THE EXCEPTION BEING THE A -1 TRACT TO THE SOUTHEAST WHICH WAS REZONED IN 1967. HOWEVER, THE PLANNING COMMISSION ON AUGUST 8, 1972, HEARD AND RECOMMENDED DENIAL OF A B -1 REQUEST ON A PORTION OF THE A -1 TRACT TO THE SOUTHEAST OF SUBJECT AS MENTIONED ABOVE ON THE CORNER OF HORNE ROAD AND RAMBLER STREET. • JRR /RWC /Mc 8/9/72 1ST IN ADDITION, THERE HAS BEEN NO APPRECIABLE CHANGE IN THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD OTHER THAN THAT THE AREA HAS CONTINUED TO DEVELOP AS A RESIDENTIAL AREA. THE RESIDENCES ARE THOSE OF MODERATE INCOME FAMILIES AND, FOR THE MOST PARTS ARE WELL MAINTAINED AND IN GOOD CONDITION. THEREFORE, TO GRANT SUCH A CHANGE WOULD CONSTITUTE SPOT ZONING WHICH WOULD BE CONTRARY TO LAW. IN CONCLUSIONS THE LAND MOST IMMEDIATELY AFFECTED AROUND THE SUBJECT PROPERTY IS IN A STATE OF COMMITMENT TO SINGLE - FAMILY DWELLINGS AND I DO NOT BELIEVE THAT UNDER T'HE LAW OF THIS STATE THOSE FACTS EXIST WHICH PERMIT THE COUNCIL TO REZONE. RESPECTFULL � . S �ITT ED, // � G /JA R. RIGGS CITY ATTORNEY CC: R. MARVIN TOWNSEND, CITY MANAGER WILLIAM ANDERSON, PLANNING DIRECTOR CAPTAIN ACUFF, CHAIRMAN OF THE PLANNING COMMISSION 0 .TRR:jkh :8- 9- 72;1st . . .. 0 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 BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MRS. DEMETRIO TOVAR, JR., BY GRANTING A SPECIAL PERMIT FOR A FLORIST SHOP ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, A COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A ", SAID FLORIST SHOP TO BE SITUATED ON ALL OF LOT 12, BLOCK 2, MIDWAY ADDITION, LOCATED ON THE SOUTHEAST CORNER OF HORNE ROAD AND PRESCOTT STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDI- NANCES 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 Mrs. Demettl0 TOVBi, Jr. 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 Aap t 9, 1972 , AT Regular 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 SEC, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND IN PARTICULAR AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, BE AND THE SAME IS HEREBY A14CMDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 1103i SECTION 2. That a Special Use Permit be granted for a florist shop on all of Lot 12, Block 2, Midway Addition, located in the City of Corpus Christi, Nueces County, Texas, as more particularly 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" Neighborhood Business 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 NAP 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 CHANCED, 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 TK 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 !7-tP DAY OF August, 1972 ATTES CI Y S CRE T Y f MAYOR P D i~7 DAY 0 Au at, 1972 TIIE CITY OF CORPUS CHRISTI, TEXAS CI I A Ir.Y HORNE ROAD 27 One S1gn 20 Sauare Fee +, Fla+ Agafns�The Bldg., g' Non - Flashing scale: 0 S to - FLORAL SHOP AND RESIDENCE FEET Lot 12 9 ! 2 cr 0 cn t'J cr rZ.B� i APPROVED BY: 20 - - - - u ON THE 301H LO+ I( Lot, 10 OF JUNE,1972 CORPUS CHRISTI TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY •CLAUSE OF THE FOREGOING ORDINANCES 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 COUNCILS 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. RE5PEC TFULL Y, YOR i 7Fi THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE .._1 CHARLES A. BONNIWELL ROBERTO BosOuEz, M.D. REV. HAROLD T. BRANCH .� • - -,_ THOMAS V. GONZALES GABE LOZANO, SR. V/ V. HOWARD STARK / THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE ./J�_ • CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK