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Home My WebLink About11776 ORD - 11/07/197377J;:*d:10 -2 -73 • OFFICE of the CITY ATTORNEY October 2, 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 RESOLUTJON RECORDS, AS &MENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106 AS AMENDED, UPON APPLICiTION OF DWIGHT L. SMITH, JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 21, BLOCK 1, MESA ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -lB" ONE- FAMILY DISTRICT TO "B -1" NEIGH- BORHOOD BUSINESS DISTRICT, KEEPING IN EFFECT ALL PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. For the reasons hereinafter stated, the Legal Objection is hereby filed, through the City Secretary, with the City Council, to the captioned ordinanc6-1 pursuant to City Charter Article 4, 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 would permit a variety of business usage in an area predominately single - family in character and use. The area of the subject property has experienced little change in the type of land usage, traffic volumes and flow and population density since its annexation in 1963. The only nonresidential land uses in the area since 1963 have been allowed by special council permit for the use of a funeral home and for the use of a public swimming pool a short distance to the northeast of the subject property along Violet Road. The funeral home special permit was granted by the City Council in 1966 and the swimming pool special permit was granted in 1964. Special permits are considered in Texas law to be changes of zoning, however, these two special permits are tied to a specific use and no other uses may be made of the land without further action of the City Council. No other rezoning changes in the area of the subject property have occurred since annexation of the area in 1963, with the one exception of the B -1 Neighborhood Business District that was granted on the corner lot opposite the subject tract. This change was granted in 1968 and was done primarily for the purpose of conforming the zoning to the existing land use which at that time was a legal nonconforming use, such use having been instituted on the property prior to annexation. The requested change constitutes a further encroachment of a business use into a residential neighborhood and would permit business uses that are inconsistent with the residential character of the area. Therefore, to grant the request in the absence of a change of conditions as discussed herein would, in my opinion, constitute illegal "spot zoning ". Respec Lolly ,, /;dptgd, mmes R. Riggs / City Attorney cd cc: R. Marvin Townsend, City Manager Charles N. Cartwright, Chairman, Planning Commission Ernest Briones, Director of Planning and Urban Development JRR6cd: 0 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 DWIGHT L. SMITH. J . BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 21, BLOCK 1. MESA ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE - FAMILY DISTRICT TO "B -l" NEIGHBORHOOD 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 Commissioin has forwarded to the City Council its reports and recommendations concerning the application of Dwight L. Smith, 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 October 3. 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. 117'76 • SECTION 2. That the zoning on Lot 21, Block 1, Mesa Addition in the City of Corpus Christi, Nueces County, Teals, be changed from "R -1B" One - Family 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, 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 • �J 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 October, 1973 ATTEST: c — 6W-C�v City Secretary APPROVED: DAY OF OCTOBER, 1973 City Attorney C J MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • Corpus Christi, Texas • ..,_day of �l/, 1917-3 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 following vote: Jason Luby des T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez 1 Gabe Lozano, Sr. J. Howard Stark