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Home My WebLink About12518 ORD - 03/05/1975OFFICE of the CITY ATTORNEY - - - - - - - - - - - - - - - - - - - - - Februasy 19, 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 FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6lo6, AS AMENDED, UPON APPLICATION OF FRANK G. EVANS, BY GRANTING A SPECIAL COUNCIL PERMIT ON 5+ ACRES OUT OF LOT 7 W. 0. WOMACK FARM LOTS, FOR LOCATION OF ONE MOBILE HOME TO ALSO BE USED AS A SALES OFFICE FOR A PERIOD OF 2 1/2 YEARS FROM DATE OF ORDINANCE, WAIVING THE STANDARD SCREENING FENCE REQUnM=, SUBJECT TO ALL OTHER CONDITIONS OF "R -1B" ZONING DISTRICT, ALL AS MORE FULLY DESCRIBED ON THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; DING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; FMWJ - 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 area of the proposed change was annexed to the City during the annexations that occurred during the period of 1962 to 1963. There has been no rezoning since annexation and there has not been a change of conditions in the area of the request which would justify the requested change in zoning. The area of the subject request is surrounded by "R -1B" and "F -R" with an "2 -3" District in fairly close proximity. The area of the subject request is vacant and indicates no activity and as such there are no change of conditions to warrant a change in zoning. A Special Permit was granted authorizing a mobile home on the subject property but that Special Permit expired in January, 1974, and no ordinance was forthcoming. The permit expired because no site plan was presented indicating the proposed development of the property. The proposed change is not an extension of an adjacent or surrounding "T -1B" but rather obvious "spot zoning" in a vacant area already zoned "F -R" and "R -1B" . The proposed zoning does not conform to the Comprehensive Zoning Plan of the City of Corpus Christi which recommends single- family residential uses for the area of the subject requested change. Therefore, to grant the request as discussed above would, in my opinion, constitute illegal "spot zoning ". RJe�pectfolly submitted, 9#t CoSenior A At cc: R. Marvin Townsend, City Manager Charles X. Cartwright, Chairman, Planning Commission Ernest Briones, Director of Planning and Urban Development vp:2- 19- 75:lst 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 N0. 61o6, AS AMENDED, UPON APPLICATION OF FRANK G. EVANS, BY GRANTING A SPECIAL COUNCIL PERMIT ON 5+ ACRES OUT OF LOT 7, W. 0. WOMACK FARM LOTS, FOR LOCATION OF ONE MOBILE HOME TO ALSO BE USED AS A SALES OFFICE FOR A PERIOD OF 2 1/2 YEARS FROM DATE OF ORDI- NANCE, WAIVING THE STANDARD SCREENING FENCE REQUIREMENT, SUBJECT TO ALL OTHER CONDITIONS OF "R -1B" ZONING DISTRICT, ALL AS MORE FULLY DESCRIBED ON THE SITE PLAN APPROVED BY TEE PLANNING COMMISSION, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; KEEP- ING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Frank G. Evans for amendment to the zoning map of the City of Corpus Christi; and WHEREAS, public hearing was held at which hearing all persons wish- ing 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, February 19, 1975, at Special Council Meeting of the City Council in the Council Chamber at City Hall in the City of Corpus Christi; and `HEREASs 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, at 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 emended by making the change hereinafter set out. SECTION 2. That a Special Permit be granted on 5+ acres out of Lot 7, W. 0. Womack Farm Lots, more fully described hereinafter, situated in the City of Corpus Christi, Nueces County, Texas, for location of one mobile home to 12518 be used also as a sales office for a period of 2 1/2 years from date of this ordinance, waiving the standard screening fence requirement, and subject to all other conditions of "R -1B" Zoning District, a copy of the site plan, approved by the Planning Commission, being attached hereto and marked Exhibit "A ", and made a part hereof. Said parcel or tract of land is more fully described as follows, to -wit: Being Five (5) acres of land, more or less, out of Lot No. Seven (7) of the W. 0. Womack. Farm Lots, a subdivision in Nueces County, Texas, the official map or plat of which appears of record in Volume A, Page 50 of the Map Records of Nueces County, Texas, reference to which is here made for all purposes in reference to this tract; said five acres of land being more particularly described by metes and bounds as follows, to -wit: BEGINNING at the Southwest corner of said Lot No. Seven (7) of the W. 0. Womack Farm Lots, for the Southwest corner and place of beginning of this tract; THENCE North along the West boundary line of said Lot No. Seven (7) a distance of 328.7 ft. to the Northwest corner of said Lot No. Seven (7), same being a point in the center line of Old Brownsville Road, for the Northwest corner of this tract; THENCE North 48 deg. 07 minutes East along the North or Northwest boundary line of said Lot No. Seven (7), the same being the center line of the Old Brownsville Road, a distance of 565.4 feet to a point in the same, for the Northeast corner of this tract; THENCE South along a line parallel to the West boundary line of this tract, as hereinabove described, a distance of 710.57 ft. to a point in the South boundary line of said Lot No. Seven (7), for the Southeast corner of this tract; THENCE West along said boundary line of said Lot No. Seven (7) a distance of 420.9 ft. to the Southwest corner and place of beginning of this tract; And being the some property described in that certain Receiver's Deed of April 11, 1957 from Don Smith to the undersigned now recorded in Volume 771 at Page 467, at seq., of the Deed Records of Nueces County, Texas, refer- ence to which and the record thereof being here made for all pertinent purposes. If any of the acreage owned by the Applicant as shown in Exhibit "B" is subdivided other than by meeting legal platting requirements, or if any structures other than those authorized by this Special Permit are placed on the acreage shown on Exhibit "B ", except by meeting legal platting requirements, the Special Permit shall be null void. A VYU -2- 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 conflict 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter role 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 c day of2 Ln � 1975. ATTEST: 246�cy Se 4Z ry MAY Pro @m CITY OF CORPUS STI' TEXAS APPROVED: DAY OF , 1975: Acting City Attorney BSc i M1 B c� ow ! C O sGy 004 7 1 Lz • • .4 d � ` W t 1 • v� q9 �'oa. r g7 . ` 1•U 2 t f E r'•r• B Ld � � • � P � sd�y • �• g d v E•S � `a r�r• •t � � D l �� Corpus Christy, Texas _ 5 day of G , 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 Prodem THE CITY OF CORPUS CHRI I, 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 thenffoA'lowing vote: Jason Lucy r/✓(/ -�riy James T. Acuff Rev. Herold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark