Loading...
HomeMy WebLinkAbout12393 ORD - 12/11/1974 (2)r1 • OFFICE OF CITY ATTORNEY December 11, 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 IM 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 ROBERT M. AND VERA D. VESELKA. AND HAROLD T. HARTGRAVES BY GRANTING A SPECIAL COUNCIL PERMIT FOR CONSTRUCTION AND MAINTENANCE OF _STORAGE UNITS ON LOTS 9 16 AND THE NORTHEAST 45 FEET OF LOT 17, BLOCK 6, WOODLAWN ESTATES, 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 This change authorizes a special permit for storage units which is a change in zoning under Texas law. Rezoning is to be made on changed conditions or for the substantial improvement of or protection of the public health, safety, moraiq 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 ozmers . 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 wsth adjacent uses. i The subject property acquired its present "R -1B" zoning approximately 20 years ago. To avoid one of the conditions of the objection on the basis of "spot zoning ", conditions of traffic, physical condition of existing structures, land use patterns, and population density must change subsequent to the time the property has acquired its present zoning status. In the 20 years that have expired since the subject property acquired its present "R-1B" zoning, there is nothing to indicate that the factors discussed above have undergone any change. Alternatively, the evidence before the Planning Commission shows the proposed use would be detrimental to the 1) traffic safety and /or circulation efficiency, 2) constitute a material increase in the prevailing noise level in the case area, 3) result in housing congestion and light reduction, h) overload other municipal utilities in place. Furthermore, no rezoning activity in the area of the request has occurred within the past ten years. 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 -k" would be thrust into a surrounding, established single- family district. In addition, the requested change of zoning would permit an intrusion into an area committed to residential uses. Approximately fifteen percent of the surrounding land area is presently vacant, however, it must be presumed that the vacant land area will be used in accordance with the limitations presently placed upon it by the existing zoning regulations. Therefore, to grant the request as discussed above would, in mw opinion, constitute illegal "spot zoning ". Respectfully submitted, James R. Riggs City Attorney By R. W. Coffin cc: Senior Assist City Attorney Re Marvin Townsend, City Manager ` Charles N. Cartwright, Chairman, Planning Commission Ernest Briones, Director of Planning and Urban Development JRR:jkh:12- 11 -74; 1st 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 ROBERT M. AND VERA D. VESELKA AND HAROLD T. HARGRAVES BY GRANTING A SPECIAL COUNCIL PERMIT FOR CONSTRUCTION AND MAINTENANCE OF STORAGE UNITS ON LOTS 9 16 AND THE NORTHEAST 45 FEET OF LOT 17 BLOCK 6, WOODLAWN ESTATES, 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 -Robert X and Vera D Veselka and Harold T Hartgraves 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, _June 15, 1974 , at Regular 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. 12393 SECTION 2. That a Special Council Permit be granted on Lots 9, 16 and the Northeast 45 feet of Lot 17, Block 6, Woodlawn Estates, situated in the City of Corpus Christi, Nueces County, Texas, according to the site plan approved by the Planning Commission, for erection and maintenance of storage units, all as more fully described on the site plan, attached hereto and made a part hereof, marked Exhibit "A ", and subject to all other conditions of "B-4"-` General Business District, said property being described as follows: All of Lots 9 and 16, Block 6, Woodlawn Estates and a portion of Lot 17 as follows: Being a portion of Lot 17, Block 6, Woodlawn Estates, as recorded in Volume 10, page 34, Nueces County Map Records, Nueces County, Texas. Beginning at a point on the southeast right-of-way line of Clare Drive and the northwest corner of Lot 17; Block 6, Woodlawn Estates as recorded in Volume 10, page 34, Nueces County Piap Records for the northwest corner and point of beginning of this tract; Thence South 60° 51' 30" East 195' for the northeast corner of this tract, for a point for corner; Thence South 29° 8' 30" West 45' for a point oa,the southeast boundary line of Lot 17 for a point for corner; Thence North 50° 51' 36" West 195' to a point on the southeast right-of-way line of Clare Drive for a,point for corner; Thence with the Southeast right -of -way line of Clare Drive North 29 °-08' 30" East 45' to the Place of beginning, such area containing approximately 0.2014 acres of land, more or less. In the event the Board of Adjustment grants any special exception or variance to the Zoning Ordinance, applciable 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 S. 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�ri�/ ATTEST: C' Secretary MAYOR 9V 14:51 _TAE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 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. 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. Howard Stark