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Home My WebLink About11280 ORD - 01/24/1973JRR/RWC/Mc 1/214/73 • OFFICE OF THE CITY ATTORNEY 11 JANUARY 24, 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 AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 61o6, AS AMENDED, UPON APPLICATION OF WM. J. LUCAS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 THROUGH $,.BLOCK P, DON PATRICIO ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -16" ONE- FAMILY DWELLING DISTRICT TO "A -1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI- NANCE 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 AREA OF THE REQUEST IS TOTALLY SURROUNDED BY LAND ZONED TO SINGLE FAMILY USES, WITH PROPERTY ON THREE SIDES COMMITTED TO SINGLE FAMILY RESIDENTIAL USES BY VIRTUE OF EXISTING DEVELOPMENT. THERE HAVE BEEN NO CHANGES IN CONDITIONS OF TRAFFIC VOLUME, NO CHANGES IN POPULATION DENSITY OR CHANGES IN CHARACTER OF THE EXISTING SINGLE FAMILY DWELLINGS IN THE AREA OF THE REQUEST SINCE THE SUBJECT TRACT ACQUIRED "R -1B" ZONING IN 1964, WHICH WAS THE YEAR OF ANNEXATION. vI . . f . 1? 0 k IN CONCLUSION, THE LAND MOST IMMEDIATELY AFFECTED AROUND THE SUBJECT PROPERTY IS IN A STATE OF COMMITMENT TO RESIDENTIAL USES AND DO NOT BELIEVE THAT UNDER THE LAW OF THIS STATE THOSE FACTS EXIST WHICH PERMIT THE COUNCIL TO REZONE. RESPECTFULLY SUBMITTED, JAMES R. RIGGS CITY ATTORNEY CC: R. MARVIN TOWNSEND, CITY MANAGER WILLIAM ANDERSON, PLANNING DIRECTOR CAPTAIN ACUFF, CHAIRMAN OF THE PLANNING COMMISSION 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 WM. J. LUCAS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 THRU 8, BLOCK P, DON PATRICIO ADDITION , SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -113" ONE- FAMILY DWELLING DISTRICT TO "A -1" APARTMENT HOUSE 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 WM. J. LUCAS FOR AMENDMENT - TO THE ZONING MAP OF THE CITY OF CORPUS CHRIf TI; AND %.flEREAS, PUBLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS WISHING TO APPEAR AND BE HEARD WERE HEARD, TO CONSIDER THE SAME BEFORE THE CITY COUAC.IL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON WEDNESDAY, JANUARY 24, 1973 , ATSPECIAL 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. 11280 SECTION 2. TIIAT THE Z014114G OF ALL OF LOTS 1 THROUGH 8, BLOCK P, DON. PATRICIO. ADDITION, LOCATED SOUTH OF DON PATRICIO ROAD AND WEST OF SENTINEL STREET BE, AND THE SAME IS HEREBY, CHANGED FROM "R -1B" ONE- FAMILY DWELLING DISTRICT TO "A -1" APARTMENT HOUSE 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 I4. 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 C. 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 24TH DAY OF JANUARY, 1973 ATTEST' 0 C1 Y SECRETARY MAYOR APPROVED: . THE CITY OF COf US CHRISTI, TEXAS DAY OF CITY ATTORNEY - CORPUS CHRISTI, TEXAS 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- 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. -'R TFULLY, C ' MAYOR THE CITY OF CO U CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE SIZEMORE _ �• � • ' CHARLES A. BONNIWELL / U ROBERTO BOsQUEZ, M.D. REV. HAROLD T. BRANCH (��• ---- ' THOMAS V. GONZALES • GABE LOZANO, SR. ✓ � J. HOWARD STARK / THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE kL CHARLES A. SONNIWELL f ROBERTO BOSQUEZ, M.D. r/ , • 'REV. HAROLD T. BRANCH ' ' THOMAS V. GONZALES %� Q�,p•_ GABE LOZANO, SR. J. HOWARD STARK