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Home My WebLink About11657 ORD - 08/22/1973JRR:RC:vp:8 /22/73 • OFFICE of the CITY ATTORNEY August 22, 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 N0. 6106, AS AMENDED, UPON APPLICATION OF CROWN SERVICE CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 134, BLOCK 1, MOBILE ESTATES SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COMM, TEXAS, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B -1" NEIGHBORHOOD BUSI- NESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HM;MWI'H; 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 by an area zoned for residential uses. The only change in zoning of land in the vicinity of the subject is A -1 Apartment Zoning granted to a 5 -acre tract northeast of the subject approximately ten years ago. Existing development in the area consists of an older single family residential subdivision to the southeast of the subject tract that is almost entirely built of wood frame construction of approximately 25 to 30 years of age. The area to the north and west of the subject is'sparsely developed with mobile home subdivision uses. No substantial increase in traffic volume has developed in the area of the subject or along the street upon which the subject property abuts since the 1963 annexation. Therefore, to grant the request in absence of a change in conditions referred to above would, in my opinion, constitute illegal spot zoning. Respectfully submitted, James R. Riggs City Attorney cc: R. Mervin Townsend, City Manager William Anderson, Planning Chas. N. Cartwright, Chairmen of the Planning Commission JRR:vp:8 -21-73 • 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 N0. 6106, AS AMENDED, UPON APPLICATION OF CROWN SERVICE CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 134, BLOCK 1, MOBILE ESTATES SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS., FROM "R -113" ONE - FAMILY DWELLING DISTRICT TO "B -1" NEIGHBORHOOD BUSI- NFSS 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 Planing Commission has forwarded to the City Council its reports and recommendations concerning the application of Crown Service Corporation 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 August 15, 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 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. 11657 SECTION 2. That the zoning on Lot 134, Block 1, Mobile Estates Subdivision, situated in the City of Corpus Christi, Nueces County, Texas, be changed from "R -1B" One - Family Dwelling 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, emended 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, shell remain in full force and effect. SECTION 5. That all ordinances or parts of ordinances in conflict 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 the 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 oW°y. asy of August, 1973. 7-71, - e- City Se t MAYOR �— THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: zz� DAY OF , 1973: rji� City Attorne i • TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas C] ,. . Corpus Christi, Texas day of 197 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. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark