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Home My WebLink About12448 ORD - 01/29/1975• ib OFFICE OF THE CITY ATTORNEY JANUARY 28, 1975 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 BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MHOS. TERESA G. PENA BY GRANTING A SPECIAL COUNCIL PERMIT FOR A WASHATERIA AND DRY CLEANTNG ESTABLISH- MENT ON LOT 1, BLOCKS, CARVER ADDITION NUMBER TWO, SITUATED IN THE CITY OF CORPUS CHRI TI, 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, TO 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: A SPECIAL COUNCIL PERMIT IS REZONING AND THE REZONING FO 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 SUB- STANTIAL 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 WOULD 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 REQUEST IS SURROUNDED BY AN ESTABLISHED SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD OF GOOD QUALITY WHICH INDICATES NO PHYSICAL DETERIORATION. WHILE IMMEDIATELY ACROSS GREENWOOD DRIVE FROM THE SUBJECT PROPERTY AREA THREE LOTS ZONED "&-V AND CROSSING SOLEDAD STREET ARE THREE ADDITIONAL LOTS ZONED "B -1 ", THE PROPOSED CHANGE IS NOT A LOGICAL EXTENSION OF SUCH ZONING SINCE GREENWOOD DRIVE AND SOLEDAD STREET FORM A NATURAL BARRIER OR BREAK FROM SUCH "13-1" ZONING. ONCE GREENWOOD DRIVE AND SOLEDAD STREET ARE VIEWED IN THEIR PROPER CONTEXT, THE REQUESTED REZONING CLEARLY BECOMES AN INTRUSTION INTO AN EXISTING "R -1B" AND CAN ONLY LEAD TO FURTHER DETERIORATION OF THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD. THE PROPOSED REZONING DOES NOT CONFORM TO THE COMPREHENSIVE ZONING PLAN WHICH RECOMMENDS SINGLE FAMILY RESIDENTIAL USES FOR THE AREA OF THE SUBJECT REQUEST. IN ADDITIONS AS MENTIONED ABOVE, THERE HAS NOT BEEN A CHANGE OF CONDITIONS IN THE AREA OF THE SUBJECT REQUEST THAT WOULD JUSTIFY THE REQUESTED CHANGE IN ZONING. THEREFORE TO GRANT THE REQUEST AS DISCUSSED ABOVE, WOULD IN MY OPINION, CONSTITUTE ILLEGAL "SPOT ZONING". RESPECTFULLY SUBMITTED, 0-, BY FOR E SENIOR ASSISTANT CITY ATTORNEY HG:VMR CC: R. MARVIN TOWNSEND, CITY MANAGER CHARLES CARTWRIGHT, CHAIRMAN, PLANNING COMMISSION ERNEST BRIONES, DIRECTOR, PLANNING AND URBAN DEVELOPMENT MLM:VMR:1- 27- 75;IST 0 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 BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MRS. TERESA G. PENA BY GRANTING A SPECIAL COUNCIL PERMIT FOR A WASHATERIA AND DRY CLEAN G L - MENT ON LDT i, BLOCK 5, CARVER ADDITION NUMB , SITUATED IN THE CITY O 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 MRS. TERESA G. PENA 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 , SEPTEMBER 18, 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, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE.HEREINA.FTER 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, 19371 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. _. 1 w: SECTION 2. THAT A SPECIAL COUNCIL PERMIT BE GRANTED COVERING THE TRACT OR PARCEL OF LAND DESCRIBED AS LOT 1, BLOCK 5, CARVER ADDITION NUMBER TWO, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A WASHATERIA AND DRY CLEANING ESTABLISHMENT, 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 "A ", AND SUBJECT TO ALL OTHER CONDITIONS OF "R -1B" ONE FAMILY DWELLING 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 • m • 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 JANUARY, 1975. ATTEST: CI ECRETA Y MAYOR f0 e \ CITY OF CORPUS CH STI, TEXAS APPROVED: DAY OF JANUARY, 1975 CITY ATTORNEY 4450 i I A to. o t-d 0 IV SteiW A-1 rACWrT GI zi Vi it FAR L I t4 C, E-EIQ W 0 0 VI Mimi TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 0 Corpus Christi, 'Texas day of �-n/ , 19—Z 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 (10- O ITY OF CORPUS CHR , 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 Lnhy Domes T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark