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Home My WebLink About11662 ORD - 08/22/1973•e 0 JRR:RC:v /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 OSCAR GARZA, JR., BY AMENDING THE ZONING MAP BY CHANCING THE ZONING ON A PORTION OF LOT 25, SECTION 54, BUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COMM, TEXAS, FROM "R -1B" ONE- FAMILY DWELLING DISTRICT TO "R -2" TWO- FAMILY DWELLING DISTRICT; KEEP- ING 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 proposed change in zoning is not an extension of existing, adjacent or surrounding A -1 Apartment Zoning. The surrounding area of the subject tract is 95% developed with single.femily residences and there has been no rezoning activity in the surrounding area since annexation of the subject in 1963, with a single exception across Glenoak Drive. The Special Permit for an I -2 use is currently pending and the use is nonconforming. However, the proposed use con- stitutes an intrusion of a multi - family residential use into an area committed to single family residential development and to grant such a change would, in my opinion, constitute illegal spot zoning. Respectfully submitted, James R. Riggs City Attorney cc: R. Marvin Townsend, City Manager William Anderson, Planning Chas. N. Cartwright, Chairmen 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 VOLUI4E 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 OSCAR GARZA, .1R. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 25, SECTION 54, FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE- FAMILY DWELLING DISTRICT TO "R -2" TWO - FAMILY DWELLING DISTRICT; BEEPING 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 Oscar Garza, Jr. ' FOR AMENDMENT TO THE ZONING M1P OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, PUBLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS WISHING TO APIEAR AND BE HEARD WERE HEARD, TO CONSIDER THE SAME BEFORE THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPE;' NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON Wednesday, 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 ND. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 11662 SECTION 2. That the zoning of a portion of Lot 25, Section 54, Flour Bluff 6 Encinal Farm 6 Garden Tracts (more fully described hereinafter) be and the same is hereby changed from "R 1B" One - Family Dwelling District to "R -2" Two - Family Dwelling District: Said portion being rezoned being the Northwest one -half of the Southwest one -half of Lot 25, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, as shown by map or plat thereof of record in the office of the County Clerk of Nueces County, Texas; said tract being more particularly described as follows: BEGINNING at the most westerly corner of said Lot 25 for the West corner of this tract; THENCE along the northwest line of said Lot 25 a distance of 660 feet to a point in said line, the North corner of this tract; THENCE in a southeasterly direction parallel to the Southwest line of said Lot 25, a distance of 330 feet to a point, the East corner of this tract; THENCE in a southwesterly direction parallel to the Northwest line of said Lot 25, a distance of 660 feet to a point in the Southwest line of said Lot 25, the South corner of this tract; THENCE along said Southwest line in a Northwesterly direction a distance of 330 feet to the place of beginning. . 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 11. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTIj 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 REPEAL9D. 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 TIE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND DE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGES IT IS ACCORDINGLY SO ORDAINED, THIS THE=i4.DAY OF �JJ ATTEST: • c CITY SECRETAR MAYOR THE CITY OF CORPUS CHRIST OTEXAS CITY ATTORIIEY Corpus Christi, Texas day of , 19-Z3— 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. Respectfully, L.6- � l 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 i Thomas V. Gonzales f Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby j James T. Acuff Rev. Harold T. Branch �l Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark /