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Home My WebLink About11664 ORD - 08/23/1973JRR:RWC:vp:8 -23 -73 • OFFICE of the CITY ATTORNEY August 23, 1973 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. 6106, AS AMENDED, UPON APPLICATION OF JOSE L. GUERRA, BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE ESTABLISHMENT OF AN ELECTRICAL SHOP ACCORDING TO THE SITE PLAN APPROVED JULY 10, 1973, ON LOT 7, BLOCK 10, PAUL COURT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE SIGN REGULATIONS AND ALL OTHER CONDITIONS OF THE "B -1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING 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 of conditions relative to the subject property to warrant rezoning. The proposed change is not an extension of adjacent or surrounding B -4 business uses. The subject site is occupied by a nonconforming business use and is entirely surrounded by residential properties of mixed classifica- tions. The area of the subject is pert of the original city with respect to zoning and has experienced no rezoning activity since the granting of B -1 zoning on a single lot southeast of the subject in 1960. The property is on the corner of an intersecting residential and collector street, but there is no indication that traffic patterns or volume have changed appreciably in recent years. The granting of the request would permit the expansion of a variety of B-4 uses that would be an intrusion of business uses into what is primarily a residential neighborhood, conceding, however, that various nonconforming uses do exist in the area. It is, therefore, my opinion, that to grant the request, absent changes of conditions referred to above, would constitute illegal spot zoning. R fully su tte James R. Riggs City Attorney cc: R. Marvin Townsend, City Manager William Anderson, Planning Chas. N. Cartwright, Chairman of the Planning Commission JRR:RWC:vp:8 -23 -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 N0. 6106, AS AMENDED, UPON APPLICATION OF JOSE L. GUERRA, BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE ESTABLISHMENT OF AN ELECTRICAL SHOP ACCORDING TO THE SITE PLAN APPROVED JULY 10, 1973, ON LOT 7, BLOCK 10, PAUL COURT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE SIGN REGULATIONS AND ALL OTHER CONDITIONS OF THE "B -1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING 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 Jose L. Guerra FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI; AIID 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 ThIlt clay #ugust 23 , AT Special COUNCIL MEETING OF THE CITY COUNCIL IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI; AND 4hiEREAS, 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, AIJD IN PARTICULAR AS AMENDED BY ORDINANCE NO. 61o6, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. X664 SECTION 2. That a Special Council Permit be granted for the estab- lishment of an electrical shop according to the site plan approved July 10, 1973, on Lot 7, Block 10, Paul Court, in the City of Corpus Christi, Nueces County, Texas, as more particularly described on the site plan, approved by the Planning Commission, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ", subject to the sign regulations and all other conditions of the "B -1" Neighborhood Business 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 IICREBY, AMENDED AS HEREIN ORDAINED. SECTION 11. 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 Oa PARTS OF ORDINANCES IN CON- FLICT HEREWITH ARE HEREBY EXPRESSLY REPEAL[D. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID CHANGE FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE 20NING 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 Tit 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 TPE_;�_5 DAY of August, 1973 '7574 CITY SCCR 'TA htAYUPt �ro•T APP ROVED: TI IE CITI e�m OF CORPUS CI IR 571, TEXAS DAY OF AUGUST, 1973 S City ATTORNEY PAUL CO G1 /E T PQye., /D � ScoJa+, 7` •ill' /- ru!�fKt12 !/v'6 ,i: --7 Al C /#(',C .y 7 _ - 4�4' ox>ar�L6 sirs .STUCCO _ Q ;> b 67' rtrr'y6 _5"D• O ' � awe.. t.... �� ®• ��,�� y � __ -- �.Q T' 7 A - /D PAUL CO G1 /E T PQye., /D � ScoJa+, 7` •ill' • • Corpus Christi, Texas _day of,�J�_, 19 %3 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 I fto-Teo CITY OF CORPUS C I, 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