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Home My WebLink About12047 ORD - 05/08/1974jkh:5 -8 -74 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 MRS. E. F. ZATOPEK BY GRANTING A_SPECIAL PERMIT ON LOT 4 BLOCK 11 SOUTHMORELAND ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A PARKING LOT, SUBJECT TO THE CONDI- TIONS HEREINAFTER MORE FULLY SET FORTH, ACCORDING TO THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A "; 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 Mrs. E. F. Zatopek 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, May 8, 1974 at Special Council 14eeting 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, b,2 and the same is hereby amended by making the change hereinafter set out. 12047 SECTION 2. That a Special Permit be granted for the maintenance and operation of a parking lot on Lot 4, Block 11, Southmoreland Addition, situated in the City of Corpus Christi, Nueces County, Texas, in accordance with the approved site plan, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof, subject to all other conditions of "R -2" 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 • !VIAT 50iNj -ST -: I TRASH M3 UNIT • LOT 4,13LOCK II,SOUTHMORELAND ADD. LEGEND CITY STANDARD SCREENING FENCE LE'S3124-3l39J 36" HIGH PICKET FENCE w"xw_m:mm am Z-'x/ V- `/� v • Corpus Chris -ti, Texas • 'aay of 1941 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 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 1t� 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 Sr_:,rk OFFICE of the CITY ATTORNEY May 8, 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, FT SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 61o6, AS AMENDED, UPON APPLICATION OF MRS. E. F. ZATOPEK BY GRANTING A SPECIAL COUNCIL PERMIT ON LOT 4. BLOCK 11, SOUTHMORELAND ADDITION FOR A PARKING LOT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDI- TIONS HEREINAFTER MORE FULLY SET FORTH, ACCORDING TO THE SITE PLAN, A COPY OF WHICH IS ATTACHED HIl3M, MARKED EXHIBIT "A "; KEEPING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL - ING ALL ORDINANCES IN CONFLICT HERE=; 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 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 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 surround- ing area will be adversely affected and the use proposed is not harmonious with adjacent uses. The proposed change in zoning is not an extension of existing "B-4 ", General Business District Zoning and the tract is surrounded by zoning of a less intense nature. The requested change in zoning is objectionable on the basis that such a change would constitute spot zoning for the following reasons: (1) The land for which the business zoning is sought is presently zoned and used as residential property; (2) there have been no changes in land uses, traffic conditions and volumes, or changes in the quality of residences in the neighborhood of the subject since it acquired its present "R -2" zoning to warrant a change in the zoning on the subject tract to a business use; and (3) "B-4" zoning would permit uses inconsistent with the predominant residential uses in the neighborhood. The evidence in this request for rezoning indicates that the proposed rezoning would be detrimental to the traffic safety and /or circulation efficiency, and constitute a material increase in the prevailing noise level in the case area. Further, the permitted uses, if rezoning is granted as requested would create inconsistent and unharmonious uses in the case area, i.e., a parcel of B -4 would be thrust into a surrounding, established single- family district. Therefore, to grant the request as discussed above would, in my opinion, constitute illegal spot zoning. Respectfully submitted, James R. Riggs City Attorney By. & A6�� R. W. Coffin Senior Assis City Attorney cc: R. Marvin Townsend, City Manager Charles R. Cartwright, Chairman, Planning Commission Ernest Briones, Director of Planning and Urban Development