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Home My WebLink About11411 ORD - 03/28/1973• JRR /RWC /Mc 3/28/73 11T • OFFICE OF THE CITY ATTORNEY - - - - - - - - - - - - - - - MARCH 28, 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. 6106, AS AMENDED, UPON APPLICATION OF ALBERT P. P R Z BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 23, BLOCK 3, MOLINA 01 SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY TEXAS, FROM "R -1B" 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. 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 SUBJECT PROPERTY IS SURROUNDED ENTIRELY BY A DEVELOPED SINGLE. FAMILY RESIDENTIAL NEIGHBORHOOD. THE REQUESTED CHANGE IS NOT AN EXTENSION OF NEIGHBORING OR ADJACENT APARTMENT ZONING, NOR IS SUCH CHANGE SOUGHT IN RELATION TO AN EXISTING COMPREHENSIVE PLAN. FURTHERMORE, THE AREA OF THE SUBJECT HAS HAD NO REZONING ACTIVITY SINCE ANNEXATION INTO THE CITY IN 1955• a II 4J THE AREA OF THE REQUEST IS AN OLDER SUBDIVISION OF MODERATELY PRICED RESIDENCES OF SMALL SIZE AND OF WOOD FRAME CONSTRUCTION WHICH ARE GENERALLY MAINTAINED IN A CONDITION IN KEEPING WITH THE INCOME CATEGORY OF THE OWNERS AND OCCUPANTS. THE AREA HAS EXPERIENCED AN UPGRADING IN THE QUALITY OF THE NEIGHBORHOOD THROUGH THE CODE ENFORCEMENT AND NEIGHBORHOOD IMPROVEMENT PROGRAMS. CONCLUSION THE AREA OF THE REQUEST HAS NOT EXPERIENCED A CHANGE IN LAND USE PATTERNS, A SIGNIFICANT INCREASE IN VEHICULAR TRAFFIC OR AN INCREASE IN POPULATION DENSITY TO AN EXTENT SUFFICIENT TO WARRANT A CHANGE IN ZONING ON THE SUBJECT PROPERTY. TO GRANT THE REQUEST IN THE ABSENCE OF A CHANGE IN CONDITIONS REFERRED TO ABOVE WOULD, IN MY OPINIONS CONSTITUTE ILLEGAL SPOT ZONING. RESPECTFULLY SUBMITTED ly MES R, RIGGS CITY ATTORNEY JRR/RWC/Mc JRR:RWC:.IKH:3- 21-73; 1ST • AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 19.3,7, 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 ALBERT P. PEREZ BY At +IENDIkiG THE ZONING MAP BY CHANGING THE ZONING ON LOT 23, BLOCK 3, MOLINA #1 SUBDIVISION , SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROW "R -1B" ONE FAMILY DWELLING DISTRICT TO "A -1" APARTMENT HOUSE DISTRICT ; KEEPING IN EFFECT ALL OTHER PROVISIGNS OF TFiE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EIERGENCY. WHEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF ALBERT P. PEREZ 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 WEDNESDAY MARCH 28, 1973 , 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 014 THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLLWE 1, PAGES 565, CT -,,EO, OF THE ORDINANCE AND RESOLUTION RECOii05, AS AMENDED FROM TIME TO TINE, AND IN PARTICULAR AS AMENDED BY ORDIt1At10E N0. 0100, AS .SLIT N.;E p, LL AND TiiC SA!IE IS HI:NF.BY AMENDED BY MAKIN:: T?lL CIIAN,:F. M:Ri:lNAFTEfi ;.E:T OUT. 11411 a SECTION 2. TIIAT TIIL' ZONING OF' LOT 23, BLOCK 3, MOLINA #1 SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BE AND THE SAME IS HEREBY CHANGED FROM IIR -1BII ONE FAMILY DWELLING DISTRICT TO "A-I" 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 14. 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 HERE114 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 CIIANGE FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE ZONING ORDIIIA14CE FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINA14CE 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 EMEPGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE DE PASSED FINALLY ON TIC DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT rROM AND AFTER ITS PASSAGE, IT IS ACCCRDINGLY SO ORMINED, THIS TIICjL_DAY OF MARCH, 1973 ATTEST: � o - / J CITY SC CIt r. Aft ��'4; TIiC CITY O( COf' CHRISTI, TCX,AS �'� DA' I1Al' OF MIARC , 197 W IT Al TOItNEY CORPUS CHRISTI, TEXAS DAY OF 97-L 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. MAYOR THE CITY OF COR HRISTI, TEXAS THE CHARTER RULE WAS- SUSPENDEDIBY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. SONKIWELL .., ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH / _ • THOMAS V. GONZALES ✓, //� GABE LOZANO, SR. ✓ J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE: • RONNIE SIZE MORE CHARLES A. BONNIWELL ✓ ROBERTO BOSQUEZ, M.D. �G ,REV. HAROLD T. BRANCH (� THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK