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Home My WebLink About12119 ORD - 06/12/1974• C] OFFICE of the CITY ATTORNEY June 12, 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, 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 RAYMUNDO RODRIGUEZ BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE OPERATION OF A PLUMBING SHOP, ON LOT 1. BLOCK 1, CARVER ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NDECES COUNTY, TEXAS; KEEP- ING 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 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" zoning. The proposed rezoning is objectionable as illegal spot zoning for the following reasons: (1) The proposed change would permit general business uses in a predominantly single - family residential neighborhood which would not be compatible with the existing single - family residential character of the area; (2) The proposed change would permit the extension of a business encroachment into the area which now exists across Greenwood Drive from the subject property; (3) The area has retained its residential character by maintenance of the residences in good condition by the owners and occupants in a manner in keeping with the economic status of the residences. There exists no more than approximately 5% vacant tracts in the area of the request; (4) The subject neighborhood was annexed during the 1941 -50 period and little rezoning activity has occurred in the area since that time. The existing "B -1" district across Greenwood Drive from the subject lot was in existence prior to 1965; (5) Absent other changes and conditions of the character of the area and changes in land use patterns, the improvement and widening of Greenwood Drive would not warrant the establishment or expansion of business uses along that street, but such a change as proposed would encourage strip zoning and contribute an adverse effect to the traffic patterns and volumes in the area of such lot. Therefore, to grant the request as discussed above would, in my opinion, constitute illegal spot zoning. Respectfully submitted, James R. Riggs City Attorney BY 44Y:5�_ R. W. Coffin Senior Assi City Attorney cc: R. Marvin Townsend, City Manager Charles N. Cartwright, Chairman, Planning Commission Ernest Briones, Director of Planning and Urban Development .......... _. 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 RAYMUNDO RODRIGUEZ BY GRANTING A SpECIAr COUNCIL -PERMIT FOR THE OPERATION OF A PLUMBING HO ON LOT 1. BLOCK 1 CARVER ADDITION. SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEP- ING 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 for%-Yarded to the City Council its reports and recommendations concerning the application of Raymundo Rodriguez 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 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, A t 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, Tezas, 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 malting the change hereinafter set out. 1-119 SECTION 2. That a Special Council Permit be granted covering Lot 1, Block 1, Carver Addition, situated in the City of Corpus Christi, Nueces County, Texas, for the operation of a plumbing shop, subject to all other conditions of "R -1B" District, and as more fully set forth on the Plat, approved by the Planning Commission, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ".' 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 grante,d 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 _ 1��_day of June, 1974 ATTEST: i t �v City Secretar APPROVED: DAY OF June, 1974 City Attorney MAYO THE CITY OF CORPUS CHRISTI, TEXAS • • e�a/. Ca aver 0'- B /k. f Lrov- B ;G -X 97� f & [!P? P�/, - z • +� V CQ r v e J, BIA-. Y 7. 0 n Corpus Christi, Texas • /'� day of , 19-ZL—1 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. 0 \_ AI 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 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. Hmgr,l Stark k�