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Home My WebLink About12563 ORD - 03/26/1975OFFICE ,t of the CITY ATTORNEY March 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 FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JON B. HELD, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A GERMAN RESTAURANT ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON A PORTION OF LOTS 12 AND 13, SECTION 53, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCE 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 the 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 consti- tutes "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. While the area does indicate some changed conditions, those changes are not of the type of character to permit a rezoning of the area to "B -1 ". 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. The area of the request is carved out of an "AB" tract which, in turn, is adjacent to a developed "R -16 ". The residential neighborhood is of good quality and indicates no physical deterioration. The tract fronts on Caribbean Drive which provides the access. Caribbean Drive is a collector street and not a major thoroughfare thereby serving the residential needs of the area, but in my opinion not adequate for an intense business use. The proposed change is not an extension of an adjacent or surrounding "B -1" district but rather is an intrusion of business zoning into an established "AB" zone and a threat to the surrounding "R -1B" zone. The proposed zoning does not conform to the comprehensive zoning plan of the City of Corpus Christi, which plan does not recommend "B -1" for the area of the subject requested change. The area of the proposed change was annexed to the City in 1963. Since that time the "AB" zoning occurred approximately seven years ago. There have been no other changes in zoning in the area to justify a rezoning to "B -1 ". Therefore, to grant the request as discussed above, would, in my opinion, constitute illegal "spot zoning." Respectfully submitted, MICHAEL L. MAY Acting City Attorney Bi lres Assistant City Attorney cc: R. Marvin Townsend, City Manager Chas. Cartwright, Chairman, Planning Commission Ernest Briones, Director, Planning and Urban Development MLM:jkh:3- 25 -75; 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 JON B ' HELD , BY GRANTING A SPECIAL COUNCIL PERMIT FOR A GERMAN RESTAURANT ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON A PORTION OF LOTS 12 AND 13, SECTI 53, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED ON IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCE 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 Jon B. Held 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 , March 26, 1975 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 No. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 12563 SECTION 2. That a Special Council Permit be granted on a portion of Lots 12 and 13, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, situated in the City of Corpus Christi, Nueces County, Texas, for a German restaurant, all as more fully described on the site plan, approved by the Planning Commission, a copy of which is attached hereto and made a part hereof, marked Exhibit "A9',and subject to all other conditions of "B -1" Neighborhood Business District: Beginning at the SW corner of Lot 3, Tropic Estates, an addition to the City of Corpus Christi, as recorded in the County Map Records of Nueces County, Texas, in Vol. 28, page 68; Thence along the NE ROW line of Caribbean Drive, N. 61° W, 398.' to the SE corner of Lot 2, Tropic Estates; Thence N. 29° E., 674.55'; Thence S. 61° E., 398.' to the NW corner of Lot 4 -R, Tropic Estates; Thence S. 29° W., 674.55' to the place of beginning and containing 6.16 acres. 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 15 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 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 -2- 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 ,,ITSS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE / �fQ DAY OF /�' L/., 1975. ATTEST: C-ITI SECRETARY APPROVED: DAY OF 1975 CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas day of 12411r' 1975s 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. Respectfu , 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 t Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark rr ,. f � ,