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Home My WebLink About12184 ORD - 07/17/1974OFFICE of the CITY ATTORNEY July 16, 1974 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 N0. 61o6, AS AMENDED, UPON APPLICATION OF XAVIER PEREZ BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 7, BLOCK 1, SOUTHWOOD ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING 114 EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING 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 constitutes "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 in conditions relative to the subject property to warrant rezoning. The proposed change from single family residential zoning to a neighborhood business use is not a logical extension of existing business zoning in that the existing B-1 business district is separated from the subject tract by a collector street, Gollihar Road. The subdivision in which the subject lot is located is entirely developed with single family homes, maintained in a good state of repair consistent with the quality and character of the neighborhood in general. Furthermore, there has been no significant rezoning activity in the area of the request, notwithstanding the special permit granted for the parking lot use across Gollihar Road, since the subject area was annexed into the City during the period between 1941 and 1954. The sole change in condition of the area since its development has been the improvement to Gollihar Road, which, in itself is not a sufficient change of conditions in the neighborhood to justify the requested change under Texas law. To permit the extension of business uses along Gollihar Road would create additional traffic volumes with increased consequential hazards which would have a detrimental effect on the residents and the existing residential properties in the neighborhood and along Gollihar Road. Therefore, to grant the request in the absence of a change of conditions as discussed herein would, in my opinion, constitute illegal spot zoning. Respectfully submitted, James R. Riggs City Attorney By R. W. Coffin Senior Assistowaty Attorney RWC:hb cc: R. Marvin Townsend, City Manager Ernest Brioues, Director of Planning and Urban Development Charles N. Cartwright lwRR:VMR:7- 5- 74.1ST 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 XAVIER PEREZ BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 7, BLOCK 1, SOUTHWOOD ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -19" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING 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 XAVIER PEREZ 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, JULY 3, 1,974, 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, X937, 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 N0. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. SECTION 2. THAT THE ZONING ON LOT 7, BLOCK 1, SOUTHWOOD ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BE AND THE SAME IS HEREBY CHANGED FROM "R -1B" ONE FAMILY DWELLING 12184 DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT. 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, 1937, AS AMENDED FROM TIME TO TIME, EXCEPT AS HEREIN CHANCED, 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 DAY OF JULY, 1974• ATTEST: eee 143ST C TYRE APPROVED: DAY OF JULY, ,197+ CITY ATTORNEY • MAY THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 1_�da y o f 19 _Z� 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