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Home My WebLink About11773 ORD - 11/07/1973JRR:RWC:MLM i OFFICE «� of the CITY ATTORNEY ------------------------- November 7, 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 REYES CASTILLO AND JOSE RODRIGUEZ, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 3A, BLOCK 1, PATRICK GARDENS SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A -2" APARTMENT HOUSE DISTRICT TO "B -4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT Aff OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING 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 consti- tutes "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 condi- tions relative to the subject property to warrant rezoning. There has been no rezoning activity in the area of the request since the subject property was annexed into the City during the period of 1941 to 1950. There has been no development of vacant "B -4" property north of the subject or of other "B -4" properties in the immediate vicinity of the subject, thereby indicating that there has'not been a change of conditions in the neighborhood necessitating the establishment of additional "B -4" zoning in the area. The subject property is vacant, as well as twenty -five to thirty per cent of the surrounding area, a substantial portion of which, along Morgan LJ C: Avenue is vacant. The proposed change of zoning to "B -4" from its present residential zoning would permit an encroachment of incompatible business uses into the residential neighborhood. Therefore, to grant the request in absence of a change in such conditions as discussed above would, in nay opinion, constitute illegal "spot zoning ". Respectfully submitted, James R. Riggs City Attorney By Michael L. Mayr Senior Assistant City Attorney cc: R. Marvin Townsend, City Manager Charles N. Cartwright, Chairman, Planning Commission Ernest Briones, Director of Planning and Urban Development JRR:RWC:cda1- 5- 73:lst 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 REYES CASTILLO AND JOSE RODRIGUEZ, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 3A. BLOCK 12 PATRICK GARDENS SUBDIVISION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A -2" APARTMENT HOUSE DISTRICT TO "B -4" GENERAL BUSINESS 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 Reyes Castillo and Jose Rodriguez Jr. 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, November 7. 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. 111'773 SECTION 2. That the zoning of Lot 3A, Block 1, Patrick Gardens, located in Corpus Christi, Nueces County, Texas, be and the same is hereby changed from "A -2" Apartment House District to "B -4" General Business 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 J/p^�u�y�,. �� W , ATTEST: City Se ret y MAYOR THE CITY OF CORPUS CHRISTI, TEXAS DAY OF City Attorney n Corpus Christi, Texas • day of , 1923 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 Jaynes 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