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Home My WebLink About12765 ORD - 08/27/1975 (3)r LEGAL MEMORANDUM N0. OFFICE of the CITY ATTORNEY August 26, 1975 LEGAL OBJECTION TO ' A 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 BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF ELIAS MARTINEZ, BY GRANTING A SPECIAL COUNCIL PERMIT FOR _OPERATION OF FLORIST SHOP WITH OFF - STREET PARKING ON LOT 2. BLOCK 3. SOUTHWEST HEIGHTS ADDITION, 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 CONPLICT HEREWITH; AND DECLARING AN EMERGENGY. For the reasons hereinafter stated, legal objection is here- by filed through the City Secretary, to 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 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 or for the sub- stantial 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 would 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 single family residential neighborhood of good quality, which indicates no J� 4y physical deterioration. The requested rezoning clearly becomes an intrusion into an existing "R -1B" and can only leadl:to deterioration of the residential character of the neighborhood. The proposed rezoning does not conform to the comprehensive zoning plan which recommends single family residential uses for the area of the subject request. In addition, as mentioned subject requesteth t has would justify the requestedichangelint of the zoning- Therefore, to grant the request as discussed above, would in my opinion, constitute illegal "spot zoning ". Respectfully submitted, Hal George By _S Bill Mon res Assistant City Attorney BM:hb cc: R. Marvin Townsend, City Manager Charles Cartwright, Chairman, planning Commission Ernest Briones, Director, planning and Urban Development " , jkh:8- 26 -75; 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 BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF ELIAS MARTINEZ, BY GRANTING A SPECIAL COUNCIL PERMIT FOR OPERATION OF FLORIST SHOP WITH OFF- STREET PARKING ON LOT 2, BLOCK 3, SOUTHWEST HEIGHTS ADDITION, 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 CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF Elias Martinez 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 26, 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. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 12765 SECTION 2. That a Special Council Permit be granted on Lot 2, Block 3, Southwest Heights Addition, situated in the City of Corpus Christi, Nueces County, Texas, according to the site plan approved by the Planning Commission, for operation of a florist shop,with off - street parking at the rear of the structure on the aforesaid Lot 2, Block 3, Southwest Heights Addition, all as more fully described on the site plan, attached hereto and made a part hereof, marked Exhibit "A ", and subject to all other conditions of "R -1B" One Family Dwelling District. In the event the Board of Adjustment grants any special exception or variance to the Zoning Ordinance, applicable to the 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 BED AND THE SAME 15 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 oZ 7 DAY OF 1975- ATTEST: 'da IT SECRET Y MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF "' > 1975 CITY ATTORNEY a CORPUS CHRISTI TEXAS DAY Of TO THE MEMSERS OF THE CITY COUNCIL COPPUS CHRISTip TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 COUNCILS Ip THEREFOREp 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. r RESPECTFULLY MAYORTHI� - CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON �YE EDUARDO DE ASES kyo RUTH GILL A-ys BOB GULLEY A Y1? GABE LOZANO, SR. }}Y5 EDWARD L. SAMPLE PtYt THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ' JASON LUBY YLc, DR. BILL TIPTON _hYF EDUARDO DE ASES .AYE RUTH GILL► =, BOB GULLEY f-lYF GAGE LOZANO, SR. Aye EDWARD L. SAMPLE _aye