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Home My WebLink About11763 ORD - 10/31/1973• JRR:RWC:vp:10 /17/73 OFFICE of the CITY ATTORNEY October 17, 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, upox APPLICATION OF JOHN TUCKER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 1, CONGRESS PLACE UNIT 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COMM, TEXAS, FROM "R -2" TWO- FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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 Piled, 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 in conditions relative.to the subject property to warrant rezoning. The proposed change in zoning is not an extension of existing "AB" Professional Office Zoning or any other classification of business zoning. The subject property acquired:its present "R -2" zoning approximately twelve months ago. To avoid the objection on the basis of "spot zoning ", conditions of traffic, physical condition of existing structures, land use patterns, and population density must change subsequent to the time the property has acquired its.present zoning status. In the twelve months that have expired since the subject property acquired its present "R -2" zoning, there is nothing to indicate that the factors discussed above have undergone any change. In addition, the requested change of zoning would permit a busi- ness intrusion into an area entirely surrounded by lend zoned for residential uses. Approximately fifty percent of the surrounding land area is presently vacant, however, it must be presumed that the vacant land area will be used in accordance with the limitations presently placed upon it by the existing zoning regulations. Therefore, to grant the request in absence of a change in such conditions as discussed above would, in my opinion, constitute illegal "spot zoning'. Respectfully submitted, James R. Riggs City Attorney B3 R. W. Coffi Senior Asa t City Attorney cc: R. Mervin Townsend, City Manager Charles N. Cartwright, Chairman, Planning Commission Ernest Briones, Director of Pleasing and Urban Development JRR•cd:10- 16- 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 JOHN TUCKER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 1, CONGRESS PLACE UNIT 2 SITUATED IN THE CITY OF2CORPOSFCHRISTI, NU DWELLING DISTRICT COUNTY, TEXAS, FROM TO "AB" PROFESSIONAL OFFICE 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 John Tucker 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, October 17. 1973 , at Regular 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. 11 763 SECTION 2. That the Zoning of Lot 1, Block 1, Congress Place Unit 2, situated in the City of Corpus Christi, Nueces County, Texas, be and the same is hereby changed from "R -2" Two- Family Dwelling District to "AB" Professional Office 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 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, 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 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 day of — LL`iCR�vQtJ �9% ATTEST: Ci Secret APPROVED: DAY OF City Attorney • MAY THE CITY OF CORPUS CHRISTI, TEXAS • Corpus Christi, Texas • J day of , 19-ZI 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, 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 fo owing vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark