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Home My WebLink About12487 ORD - 02/19/1975OFFICE of the CITY ATTORNEY February 19, 1975 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 MRS. LILLIE H. MENDEZ BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 10, BLOCK D. AUSTIN SUB- DIVISION NUMBER TWO. SITIIATID IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R1 -B" ONE FAMILY DWELLING DISTRICT TO A SPECIAL COUNCIL PERMIT FOR A FLORIST SHOP IN A RESIDENCE; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; 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: A special Council permit is rezoning and the rezoning to be affected 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 or for the substantial improvement of or protection of the public health, safety, morals or welfare, consistent and in harmony with the use of surrounding property and, in no event, may rezoning be to the detriment of rights of other property owners. It is my opinion that there is not a sufficient change in conditions relative to the subject property to warrant rezoning, and the evidence in the case fails to show that this rezoning will substantially improve or protect the public health, safety, morals or welfare. The evidence does compel the conclusion that the rights of other property owners in the surrounding area will be adversely affected and the use proposed is not harmonious with adjacent uses. The area of the request is surrounded by an established residential area of single family dwellings. Additionally, the area of the subject request is in close proximity to Del Mar Tech and the State School. The proposed change is not an extension of an adjacent or surrounding "B-1" District, but rather nothing more than a naked in- trusion of business zoning into a residential neighborhood. The proposed zoning does not conform to the comprehensive zoning plan of the City of Corpus Christi which recommends single family residential uses for the area of the subject requested change. The area of the subject request was annexed to the City during the annexations that occurred between 1941 and 1950. Since that time there has not been a change of zoning or any other conditions in the area of the request which would justify the requested change in zoning. Therefore, to grant the request as discussed above would, in my opinion, constitute illegal "spot zoning ". Re pectfully submitted, Senior Asst City Attoraey HG:hb cc: R. Marvin Townsend, City Manager Charles Cartwright, Chairman, Planning Commission Ernest Briones, Director of Planning and Urban Development MLM:VMR:2- 19- 75;]ST 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. 61o6, AS AMENDED, UPON APPLICATION OF MRS. LILLIE H. MENDEZ, BY GRANTING.,.Q� PECIAL COUNCIL PERMIT FOR A FLORIST SHOP WITH f *W AD -IN PARKING SPACES AND WITH A 3' x 4' NON- ILLUMINATED SIGN FLAT AGAINST THE BUILDING, ALL AS MORE FULLY ILLUSTRATED ON THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUB- JECT TO ALL OTHER CONDITIONS OF R -18 ZONING DISTRICT, AND SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 11, BLOCK D, AUSTIN SUBDIVISION #2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 MRS, LILLIE H. MENDEZ 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_, FEBRUARY 19, 1975 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. 61o6, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED'SY MAKING THE CHANGE HEREINAFTER SET OUT. 1248' SECTION 2. THAT A SPECIAL COUNCIL PERMIT BE GRANTED ON LOT 11, BLOCK D, AUSTIN SUBDIVISION #2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A FLORIST SHOP WITH FOUR HEAD -IN PARKING SPACES AND WITH A 3' X 41 NON - ILLUMINATED SIGN FLAT AGAINST THE BUILDING, ALL AS MORE FULLY DESCRIBED ON THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, A COPY OF WHICH SITE PLAN IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ", AND SUBJECT TO ALL OTHER CONDITIONS OF "R -16" ZONING DISTRICT. IN THE EVENT THE BOARD OF ADJUSTMENT GRANTS ANY SPECIAL EXCEPTION OR VARIANCE TO THE ZONING ORDINANCE, APPLICABLE TOTHE PROPERTY INCLUDED IN THE SPECIAL PERMIT HEREIN GRANTED, OTHER THAN THE ONE SPECIFIED IN THIS SPECIAL PERMIT, SAID SPECIAL PERMIT WILL BE VOID AND OF NO FORCE AND EFFECT WHATSOEVER. 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, 19370 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 A�FTIER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE / / DAY OF 1975• ATTEST: r TY SE ETARY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF 1975 CITY ATTORNEY Corpus Christi, Texas day of 19 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 James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark