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Home My WebLink About11356 ORD - 03/14/1973JRR:RWC:jkh:3 -7 -73; let OFFICE of the CITY ATTORNEY March 7, 1973 LEGAL OBJECTION TO AMENDING THE EONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SF.O, 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 GULF COAST TRUST CO. BY GRANTING A SPECIAL USE PERMIT FOR THE OPERATION OF A TRUCKING GARAGE, ACCORDING TO THE APPROVED SITE PLAN, ON ALL OF LOTS LAND 2, BLOCK 3, McNORTON SUBDIVISION #2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO ALL OTHER CONDITIONS OF "I -2" ZONING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVI- SIONS OF TBE 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 rapticned 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•coiistitutes "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 condi- tions relative to the subject property to warrant rezoning. There has been no change of conditions in the area of the request since the property was annexed into the City of Corpus Christi during the period of 1961 to 1966. . A noticeable lack of change in conditions is reflected by the established land use patterns in which there has been no rezoning activity since annexation in 1963. Page 2 As to illegal spot zoning, it is arguable that this application due to the area of the request being largely undeveloped e would permit a land use is a borderline case, neighboring uses. There appears and vacant. However, to grant the sting and neighbo that is inconsistent with the existing to be no discernible trend in land use changes in the area. CONCH ON The area of the request has not experienced a change in land use on the subject property. To grant the request patterns or a significant increase in vehicular traffic to an extent request en in zoning opinion, to warrant a change in conditions referred to above would, in my p in absence of a change constitute illegal spot zoning. ubmI ted, Resp tfully f � — 4 James R. Riggs City Attorney cc: R. Marvin Townsend, City Manager William Anderson, Director, Planni�C$ommission Captain Acuff, Chairman, planning s AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OFF AUGUST, 1937-; APPEARING APPEARING OF RECORD IN VOLUME 9, 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 GULF COAST TRUST CO. BY GRANTING A SPECIAL USE PERMIT FOR THE OPERATION OF A TRUCKING GARAGE ACCORDING TO THE APPROVED SITE PLAN, ON ALL OF LOTS 1 AND 2, BLOCK 3, McNORTON SUBDIVISION #2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO ALL OTHER CONDITIONS OF "1 -2" ZONING 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 COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF FOR AMENDMENT GULF COAST TRUST CO. 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 1'HE I. ;TY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCOP.CANGE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON_yLD&Zj0AY, MARCH AT_ CIAI SPE COUNCIL MEETING OF THE CITY a 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 TTHE CITY OF CORPUS CHRISTI, TEXAS, PASSED ON THE 27TH DAY, OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 505, ET SEC, OF THE ORDINANCE AND RESOLUTION - RECORDS, AS AMCIIDED FROM TIME TO TII,IE, AND IN PARTICULAR AS AMENDED DY ORDINANCE N0. 6106, AS AMENDED, RE AND THE SAME IS HEREBY AMENDED BY MAKING TIIE CHA14GE FIERCINAFTER SET OUT. 11356 R t 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, BE, AND THE SAME IS HEREBY, AMENDED AS HCREIN ORDAINED. SECTION 4. THAT THE ZONING ORDINANCE AND 14AP OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVED 014 THE 27TH DAY OF AUGUST, 1937, AS A14ENDED FROM TIME TO TIME, EXCr0T AS FEREIN CHANGED, SHALL R_MAIN IN FULL FORCE AND EFFECT. SECTION 5. THAT W. ORDINANCES OR PARTS OF ORDIN1 NCES IN CON- FLICT HCRCWITH ARE HEREBY EXP"LSSLY REPEALED.. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY FLAKING 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 DE 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 TlilS ORDINANCE DE PASSED FINALLY ON TIC 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 THEI�DAY OF MARCH, 7� A ATTEST � / /l�.�Q� CITY SLCItEIAf APPROVED: . DAY OF CITY Ai'mui.Y SECTION 2. •THAT -A $ °ECIAL USE PERMIT DE GRANTED FOR THE OPERATION OF A TRUCKING GARAGE ACCORDING TO THE APPROVED SITE PLAN, ON ALL OF LOTS 1 AND 2, BLOCK 3, MCNORTON SUBDIVISION #2, SITUATED IN THE CITY OF CORPUS CHRISTI, NU'ECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE PLAT, APPROVED BY THE PLANNING COMMISSION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ", AND SUBJECT TO ALL OTHER CONDITIONS OF "1 -2" ZONING 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, BE, AND THE SAME IS HEREBY, AMENDED AS HCREIN ORDAINED. SECTION 4. THAT THE ZONING ORDINANCE AND 14AP OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVED 014 THE 27TH DAY OF AUGUST, 1937, AS A14ENDED FROM TIME TO TIME, EXCr0T AS FEREIN CHANGED, SHALL R_MAIN IN FULL FORCE AND EFFECT. SECTION 5. THAT W. ORDINANCES OR PARTS OF ORDIN1 NCES IN CON- FLICT HCRCWITH ARE HEREBY EXP"LSSLY REPEALED.. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY FLAKING 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 DE 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 TlilS ORDINANCE DE PASSED FINALLY ON TIC 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 THEI�DAY OF MARCH, 7� A ATTEST � / /l�.�Q� CITY SLCItEIAf APPROVED: . DAY OF CITY Ai'mui.Y CORPUS CHRISTI TEXAS w•K. DAY OF /%L- d,.M i9 %c3. 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 15 INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 11 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. ESPECT ULLYY MAYOR THE CITY OF CORPU C ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: • _ BONNIE SIZEMORE CHARLES A. BONNIWELL �U°-� _., • • ROBERTO BOSGUEZ, M.D. �t.c�j.... REV. HAROLD T. BRANCH • THOMAS V. GONZA LES I' GABE LOZANO, SR. 0—fl-lot V. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: • - - BONNIE $IZEMORE k CHARLES A. SONNIWELL - • ROBERTO BosQU[z, M.D. • 'REV. HAROLD T. BRANCH �tY�r✓ THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK