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Home My WebLink About11732 ORD - 10/03/1973JRR:jkh:l0 -3 -73; 1st • OFFICE of the CITY ATTORNEY October 3, 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 NO. 6106, AS AMENDED, UPON APPLICATION OF ANTONIO CARRENO, M.D., BY GRANTING A SPECIAL COUNCIL PERMIT FOR A MEDICAL OFFICE BUILDING, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOTS 1 AND 2, BLOCK 6, BAYVIEW ADDITION, 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. 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 in zoning is an extension of AB zoning existing on property adjacent and to the rear of the subject which fronts on2nd Street. However, it is not an extension of any zoning permitting business uses along Ocean Drive. Properties fronting Ocean Drive in the neighborhood of the subject are zoned and used for residential purposes. Ocean Drive properties in the area of the subject are uniformly developed as residential properties and to permit the requested change would allow a business use that would be inconsistent with the scold ential character of the neiglborhood. The subject lots acquired the present A -2 zoning in 1961. The only rezoning activity in the surrounding area since that date has been the granting of a special permit for an AB use at the corner of Buford and South Shoreline in 1964. Ocean Drive improvements have been constructed since the subject property was rezoned to A -2 in 1961. The improvements have resulted in an increased traffic burden on Ocean Drive but an increased traffic volume is not a sufficient change of condition, standing alone, to warrant granting the request. The residential character and the quality of the structures fronting Ocean Drive have not deteriorated and the area is well maintained. Therefore, to grant the request in absence of a change in such conditions as described above would, in my opinion, constitute illegal spot zoning. Respectfully submitted, James R. Riggs City Attorney cc: R. Marvin Townsend, City Manager Charles N. Cartwright, Chairman, Planning Commission Ernest Briones, Director of Planning and Urban Development JRR:jkh:10 -3 -73; 1st AN ORDINANCE AMENDINGZ3E 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 ANTONIO CARRENO, M.D., BY GRANTING A SPECIAL COUNCIL PERMIT FOR A MEDICAL OFFICE BUILDING, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOTS 1 AND 2, BLOCK 6, BAYVIEW ADDITION, 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 Antonio Carreno M.D. 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, August 15, 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 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. 11 732 SECTION 2. That a Special Council Permit be granted covering Lots 1 and 2, Block 6, Bayview Addition, situated in the City of Corpus Christi, Nueces County, Texas, for a medical office building, 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 'W', and subject to all other conditions of AB Zoning 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, 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 _day of _ October, 1973 ATTEST: City Secret y MAYOR yy,,/� THE CITY OF CORPUS CHR I, TEXAS �PR69�— li(/!� DAY OF__October, 1973 City Attorney o 1A --=j C P- A I G 15T mo-r Q � 9314AL.L. CONRnIZIwl 16 MTt(:%-E7 L _:IF,--7 11n-4 of T-4p- 'A,!',* 1472 ORBY 0. ROOTS ARC *I IT ec-ir lilt SITE PLAN 1 °Q� SEP I A7 MEDICAL OFFICE BUILDI • Corpus Christi, Texas tj day of &t4& , 19_Zj 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 /'c c 1Z_/ Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark