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Home My WebLink About12292 ORD - 10/02/1974OFFICE of the CITY ATTORNEY October 2, 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 JAMES E. FARIS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 49 LAGUNA MADRE COVE SITUATED IN THE CITY OF CORPUS CHRISTI, NOECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; 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 or for the substantial improvement of or protection of the public health, safety, morale 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 surrounding area will be adversely affected and the use proposed is not harmonious with adjacent uses. The area of the requested change in zoning is surrounded by an established single family residential neighborhood of good quality which indicates no physical deterioration and which is presently in the process of being developed with high quality residential houses. Many of the lots are vacant and are in the process of being developed and all have access to a boat channel. A business use in this area would constitute an intrusion into that high quality residential neighborhood. While immediately across the water channel is an existing "B-4" zone, the proposed change is not a logical extension of such zoning since the channel forms a natural barrier or break from such "B -4" zoning. There is no access across the channel from the existing "B-4" to the area of the proposed change and thus a natural water barrier is formed. The purpose of the "B -4" zone as stated in Sec. 16 -1, Zoning Ordinance, City of Corpus Christi, is as follows: "The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mix of commercial and service activity now exist, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing." (Emphasis added). The only access to the area proposed to be rezoned is down a narrow residential street, Whiteley Drive, which passes entirely through a high quality single family residential area. Therefore, the area in question is entirely at variance with the purpose of the requested rezoning to district "B -4 ". While the proposed use of this land, a private club marina, is not objection- able to the residents on this street, it does not take a great stretch of the imagination to contemplate their objections if the marina plans were abandoned and a high intensity commercial use as permitted in "B-4" were to be placed on the subject property. The proposed rezoning does not conform to the comprehensive zoning plan which recommends residential uses for the area of the subject request. Therefore, to grant the request as discussed above, would, in my opinion, constitute.illegal "spot zoning ". Respectfully submitted, JAMES R. RIGGS City Attorney \ BY '4vRal oige Senior Assistant City Attorney cc: R. Marvin Townsend; Charles Cartwright; Ernest Briones 'I • fR:VMR:9- 30 -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. 61D6, AS AMENDED, UPON APPLICATION OF JAMES E FARIS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 49, LAGUNA MADRE COVE , SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE- FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS 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 JAMES E. FARIS 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. OCTOBER'2, 19711 , 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 CONVENJENCE AND THE GENERAL WELFARE OF THE CITY OF CORPUS CHRISTI AND ITS CITIZENS: NOVI, 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 n '� '• CHRISTI, TEXAS, PASSED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME % PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND IN PARTICULAR AS AMENDED BY ORDINANCE No. 61o6, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 12292 SECTION 2. THAT THE ZONING ON LOT 49, LAGUNA MADRE COVE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BE AND THE SAME IS HERE- BY CHANGED FROM "R -1E" ONE - FAMILY DWELLING DISTRICT TO "B -4° GENERAL BUSINESS DISTRICT. SECTION 3. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, BC, ' AI40 THE SAME IS HEREBY, AMENDED AS HEREIN ORDAINED. 4 SECTION . THAT THE Z014ING 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 REI4AIN IN FULL FORCE AND EFFECT. SECTION 5. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- ' FL1CT HEREWITH ARE HEREBY EXPRESSLY REPEALrD. SECTION G. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID CHANGE FOR THE PURPOSE OF MAINTAINING AT'AL L"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 0; 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 014 THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND DE IN FULL FORCE AND EFFECT FROM AND AFTER ITS eP}A�S•SSAAGGE,,IT IS ACCORDINGLY 50 ORDAINED, THIS THE AY OF_L ATTEST- 'C' Y MAYO APPROVED: T E CITY OF CORPUS CHRISTI, TEXAS DAY OF CITY ATTORNEY Corpus Christi, Texas day of , 19 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. Respectful MAYOR THE CITY OF CORPUS CHRISTI, TE 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