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Home My WebLink About11563 ORD - 07/05/1973t ' JRIR:VB:7- 5 -73,= ' 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 BERNARD JEROME SEAL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 6, ALAMEDA PARK , SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES + COUNTY, TEXAS, FROM "R -2" TWO- FAMILY DWELLING DISTRICT TO AB PROFESSIONAL OFFICE 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 Bernard Jerome Seal 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 July 5, 1973 , 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 y, 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, 19371 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.,, t } II SECTION 2. THAT THE ZONING on Lot 1, Block 6, Alameda Park, located on the southeast corner of Everhart Road and Avalon Streets "in the City of`Corpus Christi, Nueces County, Texas, be changed from "R -2" Two - family Dwelling District to "AB" Professional Office District. SECTION 3. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, BE, 1 AND THE SAME IS HEREBY, AMENDED AS HEREIN ORDAINED. 4 SECTION . 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 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 S�k� DAY OF July, 1973 ATTEST: CITY SECRETARY MAY APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS DAY OF JULY, 1973 Corpus Christi, Texas urn day of 19 7—i 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, MAYO 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. p yR J. Howard Stark 'r a 1 �1 a OFFICE of the CITY ATTORNEY _V ` x r- - - --- - : - - - - ,July 5, 1973' LEGAL OBJECTION �• .n • a 1.0 , 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 §EQ.', 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 BERNARD JEROME SEAL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 6, ALAMEDA PARK, SITUATED IN THE CITY OF CORPUS-CHRISTI, NUECES Y s ' W COUNTY, TEXAS,,,FROM "R -2" TWO- FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS a AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; - *. AND DECLARING AN EMERGENCY. } For the'lreasons hereinafter stated, legal objection is hereby filed, throur g 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: a The rezoning to be effected, recommended by less than a majority.of the entire Planning Commission, by the captioned ordinance constitutes "spot 4 zoning ", or irrelevant zoning, by the rules of law in the State of Texas. Rezoning's to be made on material change of condition. It, is my opinion that there is not a sufficient change of condition relative to the subject property to warrant rezoning. The proposed change in zoning is not an extension of adjacent or neighboring "AB" zoning. The subject lot is a portion of a residential subdivision that is 98% developed with single family homes. The "R -2" zoning of the subject and its neighboring lots fronting on Avalon Street serves as a buffer, a transitional use between the low density "R -1B" uses and the more intense "B -1" and "B -4" business uses. The uses permitted (i.e., non - residential and commercial) under the requested change are f, also inconsistent with immediately adjacent duplex or townhouse uses ( "R -2 ") and 3 single- family occupancies that are now established. The closest, latest change r of zoning to occur within this "R -2" District (established in 1970).is the re- zoning to special permit of two lots 420 feet to the rear of the subject prop- erty, which is separated from the applicant's block by Sam Street, a residential drive. The City Traffic Engineer advised that the proposed zoning is intrusive and would generate increased traffic on the bounding streets, one of which, Avalon, is residential. The character and quality of the surrounding uses and structures has not changed to the extent to amount to a change of conditions which would warrant a change in zoning. The applicant offered no evidence regarding Traffic. By the Applicant's admission this rezoning is sought purely for his convenience in relocating an office that is already sited in a very substantial building in the B -1 District across Avalon Street. There is no evidence in the record that the public health, safety, morals, or welfare will be appreciably served by the change; on the contrary, there is evidence that the public interest will suffer. The Applicant, it is submitted, has not met his burden of proof. To grant the'request in absence of such a change in conditions referred to above would, in my opinion, constitute illegal spot zoning. Respectfully su mitted, James R. Rig ;" City Attorney cc: R. Marvin Townsend, City Manager ,William Anderson, Planning Director Charles Cartwright, Chairman of the Planning Commission