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Home My WebLink About12846 ORD - 10/08/1975• JKH:hb:10 /8/75:1st, 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 pEORGE E. VALENTINE, BY GRANTING A SPECIAL COUNCIL RERMIT FOR A REAL ESTATE OFFICE WITH PARTIAL WAIVER OF THE SCREENING FENCE REQUIREMENT, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON 1.0T 16, BLOCK 1, KOOLSIDE ADDITION. SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN Isrr ECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. W}IF.RRA$, THE PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF GEORGE E. VALENTINE 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 17, 1975 ,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 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 15 HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. 12846 • SECTION 2. That a Special Council Permit be granted on Lot 16, Block 1, Roolside Addition, situated in the City of Corpus Christi, Nueces County, Texas, according to the site plan approved by the Planning Commission for a real estate office, with a partial waiver of the screening fence requirement, except for 20 feet at the rear Northwest corner of the Lot along Kimbrough Street, 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 "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 tN CON- FLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING AFORESAID CHANGE FOR THE PURPOSE OF MAINTAINING AT ALL TINES 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 -2- • 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 n FROM AND AFTER ITSS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 11262;) DAY OF 1975 - ATTEST: APPROVED: DAY OF ,: 1975 CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS • • CORPUS CHRISTI, TEXAS n r/�% DAY OF 4-2; , 19 ` J TO THE I.0 3ERS OF THE CITY COUNCIL COPPL'3 CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING 0.0'INANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL SE PASSED FINALLY ON THE DATE IT 1S INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT 1S INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. C RESPECTFULL i MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE F ' LOWING VOTE: JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE IZ -t� 0.).04 G. 1sig.1 -11.41 anti tf r�ri)` alt-45L Jae- N �r Nc' • OFFICE of the CITY ATTORNEY October 8, 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 VOLTJNZ 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TINE, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF 4EORGE E. VALENTINE, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A REAL ESTATE OFFICE WITH PARTIAL WAIVER pF TITE_SCRELVING FENCE REQUIREMLNiT, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING C0MISSI0N, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON SOT 16, BLOCK 1, KOOLSIDE ADDITION. SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,. TEXAS; KEEPING IN titt;CT 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 consti- tutes "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 surrounding area will be adversely affected and the use proposed is not harmonious with adjacent uses. The area of request is adjacent to a developed "R -1B ". The residential neighborhood is of good quality and indicates no physical deterioration. Rimbrough Drive is a collector street and not a major thoroughfare, thereby serving the residential needs of the area but in my opinion, not adequate for an intense professional office use. The proposed change is an intrusion of Professional Office District Zoning into an established "R -1B" Zone and a threat to the surrounding "R -1B" Zone. The proposed zoning does not conform to the comprehensive zoning plan of the City of Corpus Christi, which plan does not recommend "B-1" for the area of the subject requested change. Therefore, I conclude that there are not sufficient changes in the area to justify or support a rezoning from "R -1B" to "AB" on the subject tract, and to grant the request as discussed above, would in my opinion, constitute illegal "spot zoning ". Respectfully submitted, AwkAva- Bill Monkres Assistant City Attorney BM:hb cc: R. Marvin Townsend, City Manager Charles Cartwright, Chairman, Planning Commission Ernest Briones, Director, Planning and Urban Development