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Home My WebLink About12508 ORD - 02/26/1975a ---- -9 OFFICE of the CITY ATTORNEY February 26, 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 BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MRS. RFMarre 9rrnmm By GRANTING A SPECIAL COUNCIL_ PERMIT FOR A —BOOM FL a. SHOP ON LOT 23, BLOCK Jr n q * ., T M1 -- - - SITUATED IN THE CITY OF CORPUS CHRISTI, NUECESCOUNTY, TEXAS, 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 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 con- stitutes "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 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. residential area oft efamiuest is sounded by an established dwellings. It is over two blocks to • i i • the nearest business zoning and two cross streets must be traversed in order to reach this zoning. Additionally, the area of the subject request is in close proximity to a public school. The proposed change is not an extension of an adjacent or surrounding "B -1" District, but rather, nothing more than a naked intrusion hood. of business zoning into a residential neighbor- The proposed zoning does not conform to the comprehensive zoning plan of the City of Corpus Christi which rebommends single famil ge y residential uses for the area of the subject requested chan. Additionally, there has been no rezoning activity on the subject property since the date of annexation,. 1954. Therefore, to grant the request as discussed above would dn. My opinion, constitute illegal "spot zoning ". ' ' Respectfully submitted, JAMES R. RiGGS City Attorney BY ge Senior Assistant City Attorney HG:hb cc: R. Marvin Townsend, City Manager Charles Cartwright, Chairman, planning Commission Ernest Briones, Director, planning and Urban Development MLM:e:hb:2 /26/75:2ud 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 N0. 6106, AS AMENDED, UPON APPLICATION OF M. REBECCA ZUNDT BY GRANTING A 4PF_ .TAT. COUNCIL RERMIT FOR A U Ta_ROOM FLOOR 990P IN THE 'TOME ON TOT 23. BLOCK A OHO JONES ADD11ION 01, 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. REBECCA ZUNDT 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 23, 1974 '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 ND. 61o6, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 1P6e50a SECTION 2. That a Special Council Permit be granted covering the tract or parcel of land described as Lot 23, Block 4, John Jones Addition #1, situated in the City of Corpus Christi,Nueces County, Texas, for a one -room flower shop in the home, as more particularly described on the site plan, approved by the Planning Commission, a copy of which is attached hereto and made a part hereof, marked Exhibit "A11, 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 speci- fied 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 IS HEREBY, AMENDED AS HEREIN ORDAINED. SECTION 1.. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, TEXC.s, APPROVED ON THE 27TH DAY OF AUGUST, 1937, AS AMEN?', FROM TIME TO TIME, EXCEPT AS HEREIN CHANGED, SHALL REMAIN IN FULL FORCE -!NO EFFECT. SECTION 7. 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 COUNCILS 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 au _ DAY OF February 1975- ATTEST: L�.MEPEFWR G1 m APPROVED: DAY OF February 1975 CITY ATTORNEY I -14� MAYO -Tem CITY OF CORPUS CHRI TI, TEXAS D Corpus Christi, Texas _day of _'19.7S 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, MAYOI CITY OF CORPUS , XAS 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 Aazewr Yr AYE A .Y Y_As. E A Ya A YE The above ordinance was passed by the following vote: Jason Luby McWo James T. Acuff .AYE. Rev.' Harold T. Branch Rye Thomas V. Gonzales 'A Yr Ricardo Gonzalez Ayr Gabe Lozano, Sr. RYE J. Howard Stark AYE