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Home My WebLink About08556 ORD - 08/09/1967I MS: VMP:8/2/67 T AN ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4168 GENERALLY REFERRED TO AS THE CITY PLATTING ORDINANCE AS AMENDED; ADOPTING A NEW SECTION NUMBERED VII -A AND ENTITLED "VARIANCES PERMITTED UPON APPROVAL BY CITY COUNCIL UNDER CERTAIN CIRCUMSTANCES "; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL, HAVING HELD A PUBLIC HEARING ON THIS 9TH DAY OF AUGUST, 1967, ON THE MATTER OF AMENDING THE CITY PLATTING ORDI- NANCE, BEING ORDINANCE N0. 4168 AS AMENDED, AND SAID HEARING BEING CLOSED AND THE MATTER TAKEN INTO CONSIDERATION BY THE CITY COUNCIL: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. ORDINANCE NO. 4168, GENERALLY REFERRED TO AS THE CITY PLATTING ORDINANCE, AS AMENDED, IS HEREBY AMENDED BY ADOPTING A NEW SECTION NUMBERED "VII -A" AND ENTITLED "VARIANCES PERMITTED UPON APPROVAL BY CITY COUNCIL UNDER CERTAIN CIRCUMSTANCES ", WHICH AMENDMENT SHALL READ AyS FOLLOWS: "SECTION VII -A. VARIANCES PERMITTED UPON APPROVAL BY CITY COUNCIL UNDER CERTAIN CIRCUMSTANCES. A. CONDITIONS. UNDER THE FOLLOWING CONDITIONS A VARIANCE MAY BE GRANTED UNDER THE PROCEDURE PROVIDED IN THIS SECTION: 1. THE AREA PROPOSED FOR DEVELOPMENT SHALL HAVE FRONTAGE AND BE ADJACENT TO A WATER AREA. BY THE TERM "WATER AREA" IS INCLUDED ANY BAY, GULF, COVE, CANAL, LAGOON, OR PASS. 2. THE AREA PROPOSED FOR DEVELOPMENT SHALL HAVE INCLUDED IN THE PROPOSED PLAN FOR DEVELOPMENT A MARINA TYPE OF DEVELOPMENT WHICH SHALL INCLUDE CANALS, CHANNELS, AND WATERWAYS ADJACENT TO AT LEAST 20,% IN NUMBER OF THE LOTS PROPOSED TO BE LAID OUT IN THE DEVELOPMENT AREA. 3. ALL PROPOSED LOTS SHALL BE AT LEAST THE SIZE REQUIRED AS A MINIMUM REQUIREMENT FOR RESIDENTIAL LOTS AS OTHERWISE PROVIDED IN THIS ORDINANCE. 4. THE NATURAL SOIL CONDITIONS OF THE AREA PROPOSED TO BE DEVELOPED SHALL BE OF SUCH A NATURE AS TO ELIMINATE THE NECESSITY FOR SURFACE DRAINAGE IN ORDER TO AUTHORIZE OMISSION OF INSTALLATION OF DRAINAGE FACILI- TIES AS OTHERWISE REQUIRED BY THIS PLATTING ORDINANCE. 8556 5. THE PROPOSED DEVELOPMENT AREA SHALL BE LOCATED OUTSIDE OF THE CITY LIMITS AND AT LEAST THE GREATER PORTION THEREOF AT LEAST ONE MILE BEYOND THE CITY LIMITS LINE. B. PROCEDURE. 1. WHERE THE PLANNING COMMISSION FINDS THE EXISTENCE OF THE CONDITIONS MENTIONED IN THE FOREGOING SUBSECTION A AND DETERMINES THAT VARIANCES AND MODIFICATIONS OF THE STRICT REQUIREMENTS OF THE ORDINANCE MAY BE GRANTED AND STILL SECURE SUBSTANTIALLY THE OBJECTIVES OF THE STANDARDS AND REQUIREMENTS OF THI'S ORDINANCES THE PLANNING COMMISSION MAY RECOMMEND SUCH VARIANCES AND MODIFICATIONS AS ARE PROPER UNDER THE CIRCUMSTANCES TO THE CITY COUNCIL FOR CONSIDERATION BY THE CITY COUNCIL OF THE GRANTING OF PERMISSION IN SUCH ISOLATED INSTANCE FOR APPROVAL OF THE PROPOSED DEVELOP- MENT PLAT BY THE PLANNING COMMISSIONS LIMITED, HOWEVER, TO THE FOLLOWING: (A) DEAD END STREETS MAY BE PERMITTED TO EXCEED 500 FEET IN LENGTH PROVIDED A CUL DE SAC BE PROVIDED AT THE DEAD END THEREOF, AND FURTHER PROVIDED THAT ALL LOTS FACING ON SAID DEAD END STREET OR STREETS ALSO FACE ON A CANAL OR NAVIGABLE WATER AREA. (B) ELIMINATE THE REQUIREMENT FOR CURBS AND/OR GUTTER. S. (C) REDUCE THE REQUIRED WIDTH OF PAVING IN STREET RIGHT OF WAY TO ANY WIDTH NOT LESS THAN lU FEET. (D) REDUCE THE REQUIRED RIGHT OF WAY ON ALL STREETS TO NO LESS THAN 50 FEET. (E) DEFER OR ELIMINATE THE REQUIREMENT OF A PUBLIC PARK, OR A PORTION THEREOF. 2. UPON RECEIPT OF SUCH REQUEST AND FINDINGS FROM THE PLAN- NING COMMISSION, THE CITY COUNCIL SHALL GIVE CONSIDERATION TO THE REQUEST AND WITHIN TEN DAYS REPLY TO SUCH REQUEST. UPON MOTION PASSED BY A MAJORITY OF THE CITY COUNCIL PRESENT AT THE MEETING AT WHICH THE MATTER IS UNDER CON- SIDERATION, THE COUNCIL MAY AUTHORIZE THE PLANNING COMMISSION TO APPROVE SUCH PLAT. THE APPROVAL IN ANY PARTICULAR INSTANCE OR INSTANCES SHALL NOT CONSTITUTE THE ADOPTION OF A GENERAL POLICY BUT SHALL ONLY CONSTITUTE AUTHOR- ITY TO APPROVE THE PARTICULAR PLAT UNDER CONSIDERATION." SECTION 2. THE NECESSITY FOR PERMITTING CERTAIN VARIANCES UNDER CERTAIN CONDITIONS IN WATER ORIENTED LAND DEVELOPMENT AREAS TO AID IN THE f*a l S ^ PROMOTION OF SUCH DEVELOPMENT AS PROMPTLY AS POSSIBLE 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 THAT SUCH CHARTER RULE BE SUSPENDED, 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 AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF Z , 1967. ATTEST: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OFa— , 1967: CITY AT'FOR!NtY CORPUS CHRISTI, TEXAS OF,j�s;/ 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 EMERGLNCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPCN- SION OF THE CHARTER RULE 01: REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE Il' IS 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 IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, AYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLA CKMON RONN1E SIZEMORE • V. A. "DICK" BRADLEY, JR, J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GAGE LOZAND, $R. KEN MCDANIEL l THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VOTE: JACK R. BLA CKh1ON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M. D. GABE LOZANO, SR. KEN i•1CDANI EL ,A PUBLISHER'S AFFIDAVIT NOTICE OF PASSAGE OF ORDI NANCE N0, 8556 AN ORDINANCE AMENDING ORDINANCE NO. 1 ALLY REFERRED T TO O A AS S THE CITY PLATTING ORDINANCE AS AMENDED; ADOPTING A NEW SECTION NUMBERED VII -A AND ENTITLED "VARI- ANCES PERMI7TED UPON AP. STATE OF TEXAS, PROVAL BY CITY COUNCIL 6s• UNDER CERTAIN CIRCUM- County of Nueces. STANCSS," AND DECLARING WAS PASSED AND APPROVED by the Cdy C°u "', °f the Cif, 9, Car- Before me, the undersigned, a Notary Public, this day personally c Pu e me Y p Y L. Aue °I R Og p. m.. °n the 9th tlay o I[k August, 1967, °nd pr°wtles 11.1 I, shall fake eflect from and after I's I Pax-nod od. ....... who being first duly sworn, according to la' pgseuge and public9179n, °nd +haf „ „- ,••- .--- ....... g Y 8 pen91,Y fm vl°I°Iign shgil be a fine - n°} a"I's. n9 Two Hundretl (iNA T. D°Ilgrs. ¢ dS3 1QS1 •Adyf3r 35i73g .1danag9l! - -.- of the Corpus Christi Caller and The T RAY of corpus ChrnlIr Texas ISM) Daily Newspapers published at Corpus Christi, Texas, in said County and State, and t„anucanon or-6 lopting a new section numbered VII —A - -- of which the annexed is a true copy, was published in ------------------------------------------------------------ - - - - -- on the 16 day of ....... August ................ 19 -..67, M3WXX@-6TMh.................-- ....... MMMWFdMMMX ....................... 3 ........... .. ..Times. I� $ ....... ... ...... 5......... f31as fed Eli.-,; �g Manager Subscribed and sworn to before me this...--------- 1......d of......sQj?1Aemi ] sr ........ .......... . 19.....62. -.. Louis a viak otary Public, Nueces County, Texas Sri