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Home My WebLink About11256 ORD - 01/10/1973i t JRR:RWC:jkh:1- 10 -73; 1st • OFFICE OF THE CITY ATTORNEY ��ete��e� *use January 10, 1973 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 AIIlMED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106,.AS AMENDED, UPON APPLICATION OF C.C. BANK & TRUST CO. & WINSTON J. STEVENS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 2 THROUGH 11, FOREST PARK ADDITION UNIT 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A -1" APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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 ordinance con- stitutes "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 condi- tions relative to the subject property to warrant rezoning. The subject tract is a portion of an area totally occupied by residential structures of either single family or multiple family types. The area of the requested change is not an extension of an existing business use by virtue of the fact that it is completely, physically separated from existing business uses. There has been no recent rezoning activity in the area and the neighborhood has remained relatively stable since acquiring its present zoning status. January 10, 1973 Page 2 Also, the development of I.H. 37 and its limited access roads has apparently had no appreciable effect on the adjacent resi- dential areas as evidenced by the fact that new multiple family resi- dential construction is currently in progress in the area of the subject request. Neither has the quality of residential structures adjacent to I.H. 37 experienced any substantial change since completion of that system. In conclusion, the land most immediately affected around the subject property is in a state of commitment to residential uses and I do not believe that under the law of this State those facts exist which permit the Council to rezone. Respectful James R. Riggs City Attorney cc: R. Marvin Townsend, City Manager Wm. Anderson, Planning Director Capt. Acuff, Chairman, Planning Commission 0 JRR:RWC:jkh; 1- 10 -73-; 1st 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 C.C. BANK & TRUST CO & WINSTON J gXRNXS _BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 2 THROUGH 11 FOREST PARK ADDITION UNIT 2 SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A -1" APARTMENT HOUSE DISTRICT TO "B -1" NEIGHBORHOOD BiT4S4 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 C. C. Bank 6 Trust CO. and Winston J. Stevens FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, PUBLIC HEARING WAS HE.D AT WHICH HEARING ALL PERSONS • WISHING TO APPEAR AND BE HEARD WERE HEAR', TO CONSIDER THE SAME BEFORE THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI) IN ACCORDANCE WITH PROPEh NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON January 10. 1973 , AT SneCial 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 N0. 6106, AS AMENDED, BE AND THE SAME 15 HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 11 255 SECTION 2. THAT THE Z014114G OF Lots 2 through 11, Forest Park Addition Unit 2, situated in the City of Corpus Christi, Nueces County, Texas, on the southeast corner of Nueces Bay Boulevard and Interstate Highway 37, be and the same is hereby changed from "A -1" Apartment House District to "B -1" Neighborhood 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 14. THAT T14E 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 04 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 20NING 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 BE IN FULL FORCE AND EFFECT FROM �ANND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 1Q.A-ev DAY of January, 1973 ATTEST: q C`� ? CIT ETA Yfi MAYOR Pro -Tam APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS DAY OF JANUARY, 1973 : CITY ATTORNEY CORPUS CHRISTI, TEXAS &,ba, DAY OF 19_2—a 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; 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. RESPECTFU ILLY, OR Pro -dem THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS-SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE //{•no nil, CHARLES A. BON NIWELL j ROBERTO BosQuEZ, M.D. REV. HAROLD T. BRANCH .� THOMAS V. GONZALES GABE LOZANO, SR. V. HOWARD STARK (LcgJtJ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE (¢ CHARLES A. BONNIWELL • ROBERTO BOSQUEZ, M.D. • 'REV. HAROLD T. BRANCH ✓ /—Uf'� THOMAS V. GONZALES V GABE LOZANO, SR. J. HOWARD STARK