(DOWNLOAD) "Clesi Et Al. v. Northwest Dallas Imp. Ass'n Et Al." by Dallas No. 14708 Court of Civil Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Clesi Et Al. v. Northwest Dallas Imp. Ass'n Et Al.
- Author : Dallas No. 14708 Court of Civil Appeals of Texas
- Release Date : January 11, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
On Rehearing As appellees point out, application of the Clesis for rezoning which resulted in ordinance 5678 was not for A-2 uses under special permit. They had consistently requested a change to local Retail 3 (business), and the original opinion has been corrected accordingly. Again appellees argue with great earnestness that the City Commission is powerless to grant the change in question except in strict conformity with Art. 165-22, the zoning ordinance hereinabove quoted, unless initially considered by the City Plan Commission together with recommendations from that body; citing in support that part of Art. 165-22 reading: "The City Council of the City of Dallas may, after public hearing and proper notice to all parties affected, and, after recommendation from the City Plan Commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of any of the following in the specific districts:" Otherwise stated, appellees question the authority of the City Council to amend the zoning ordinance, which amendment granted appellants a special permit applicable to the involved properties, because appellant property owners had petitioned for a general rezoning and had not asked for a special permit. Sec. 225 of the Dallas City Charter creates a City Plan Commission and under Art. 1011f, V.A.C.S., whenever a City Plan Commission exists, it may act and be designated as the Zoning Commission. Under both the Charter and above mentioned statute, the City Plan Commission, or Zoning Commission, acts merely in an advisory capacity by making recommendations to the City Council as to classification of property, uses, district boundaries, and other matters pertaining to zoning. This is necessarily so because the City Council and not the Plan Commission has authority to pass an ordinance prescribing zoning regulations, since all legislative matters are perforce of the law vested in the City Council. Likewise any proposed amendment to the zoning ordinance is but a recommendation of the City Plan Commission, which recommendation the council can adopt, reject, or revise, and enact such regulations as may be deemed proper. For example, under Art. 1011e, V.A.C.S., the City Council is given express authority to overrule the protest of neighboring property owners whose property is within 200 feet of property where zoning classification is to be changed, provided that three-fourths of the council vote for the change. Since an amendment to the zoning ordinance must be proposed and adopted with the same formality as the original ordinance, it clearly follows that under the facts of this case, where the recommendation of the Plan Commission was that zoning be not changed, still the council had the power to override the recommendation and grant the special permit upon conditions specified therein.
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