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Home My WebLink About12394 ORD - 12/11/1974• OFFICE of the CITY ATTORNEY December 11, 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 TINE AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MARGARITO C. GARZA, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A BOOR STORE ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 23, BLOCK 1, TROPICAL PARK SECTION #1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AHMED; 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 granting of a-Special Permit under Texas law is a change in zoning. 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 substantial 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 0 • 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. The area of the request is completely surrounded by an established single family residential neighborhood of good quality which indicates no physical deterioration. The area of the subject request is in fairly close proximity to an elementary school. The proposed change is not an extension of an adjacent or surrounding "B-1" district, but rather nothing more than a naked intrusion of a business use into an established comfortable residential neighborhood. The proposed zoning does not conform to the comprehensive zoning plan of the City of Corpus Christi which recommends single family residential uses for the area of the subject requested change. The area of the proposed change was annexed to the City during the annexations that occurred during the period of 1941 to 1950. There has been no rezoning since annexation and there has not been a change of condition in the area of the request which would justify the requested change to business zoning. In fact, increased traffic indicated along Gollihar Road would mitigate against allowing a high intensity business use in this residential area. Again, it must be Stressed that the area of the subject request is completely surrounded by residential zoning. Therefore, to grant the request as discussed above, would, in my opinion, constitute illegal "spot zoning ". Respectfully submitted, JAMES R. RIGGS City Attorney By A & 6Q4a1 eorge el" Se or Assistant City Attorney EG:hb cc: R. Marvin Townsend, City Manager Charles Cartwright, Chairman, Planning Commission Ernest Briones, Director, Planning and Urban Development L M:jkh:12- 11 -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. 6106, AS AMENDED, UPON APPLICATION OF MARGARITO C. GARZA, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A BOOR STORE ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 23, BLOCK 1, TROPICAL PARK SECTION 41, 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 Margarito C Garza 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, Dec®ber 11. 1974 , AT Remlar 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. 12394 SECTION 2. That a Special Council Permit be granted on Lot 23, Block 1, Tropical Park Section 419 situated in the City of Corpus Christi, Nueces County, Texas, according to the site plan approved by the Planning Commission, for a book store, 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, 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, APPROVEDON 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,A T IS ACCORDINGLY SO ORDAINED, THIS THE //'&& DAY OF December, 1974 ATTEST• CJm Y SECRETARY MAYO APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS DAY OF DECEMBER, 1974 ; CITY ATTORNEY s • Corpus Christi, Texas day of a'JGL ' , 19-Z—,4 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 CI 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