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Home My WebLink About12087 ORD - 05/29/1974SRR:•29- 74:1st • AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY PARTICULARLY AMENDING CHAPTER 15. FIRE PREVENTION AND PROTECTION, SEC. 15 -3. SAME- AMENDMENTS, SUBSECTIONS (d) AND (e) THEREOF; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.- That the Corpus Christi City Code, 1958, as amended, Chapter 15. Fire Prevention and Protection, Sec. 15 -3, Subsections (d) and (e) thereof, are hereby respectively amended to hereafter read as follows: " (d) The limits referred to in section 16.22 of the Fire Prevention Code, in which new bulk plants for flammable liquids are permitted, are hereby estab- lished as that area now zoned or that may hereafter be zoned 'heavy industrial'." "(e) The limits referred to in section 16.61 of the Fire Prevention Code, in which new bulk plants for flammable liquids are permitted, are hereby established as that area now zoned or that may hereafter be zoned 'heavy industrial'." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. The necessity to make the above mentioned amendments to the Corpus Christi Code of Ordinances at the earliest possible date 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 S ACCORDINGLY SO ORDAINED, this the C day of May,1974. A C ty Secret MAYO RTHE CITY OF CORPUS CHRISTI, EXAS AZ OVED:I City Attorney 12087 • Corpus Christi, Texas 7 day of _,19,7,/ 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. 3. 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 • OFFICE of the CITY ATTORNEY *scare** November 28, 1973 LEGAL OBJECTION TO AMENDING 'rhE 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 WILLIAM & LOUIS SISSAMIS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON N. 70' OF LOT 10, BLOCK 8, WOODLAWN ESTATES #1 (TRACT A) AND LOTS 11 AND 12, BLOCK 8, WOODLAWN ESTATES #1 (TRACT B) SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE- FAMILY DWELLING DISTRICT TO "B -4" GENERAL BUSINESS DISTRICT ON TRACT A AND FROM "B -1" NEIGHBORHOOD BUSINESS DISTRICT TO "B -4" GENERAL BUSINESS DISTRICT ON TRACT B; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTiNG ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; 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. It is my opinion that there is not a sufficient change in conditions relative to the subject property to warrant rezoning. The proposed change in zoning as to Tract A represents a change from Single Family Residential to General Business. The "B -4" General Business change as requested does represent an extension of an existing business use. However, such business use would extend away from the main travelled thoroughfare, South Padre Island Drive, and to an area committed to single family home development. Tract A fronts upon a residential street • and would have no other access in the event the ownership of Tract A is severed from that of Tract B. Tract A is presently within an area bounded on three sides by a residential neighborhood which is presently approximately 50% developed to single family uses. To grant the requested change would permit an encroachment into a neighborhood of a single family character with a zoning classification that would permit the wide variety of uses inconsistent with residential uses. The area of the request is a portion of the City that is developing in residential development south of Padre Island Drive and eastward towards the Oso, even though there are large tracts of vacant land presently zoned as "R -1B" within the general area. It may be expected that these areas will eventually be developed to residential uses. Therefore, these areas that are presently committed to residential development such as the subject neighborhood must be protected from encroachment by business zoning. Having been platted for a number of years, the existing development in the neighborhood of the subject have not deteriorated in quality to such a degree to warrant a change in land use patterns from residential to business. Likewise, the improvement to South Padre Island Drive has not contributed to such a change in traffic conditions that would warrant an extension of the business zoned area into and along the residential street on which the subject tract is located. Therefore, to grant the request in the absence of a change of con- ditions as discussed herein would, in my opinion, constitute illegal spot zoning. cc: R. Marvin Townsend Charles N. Cartwright Ernest Brionee Respectfully submitted, James R. Riggs City Atto y By R. W. Coffin,/- Asst. ity Attorney PUBLISHER'S AFFIDAVIT STATE OF TEXAS, Ls, County of Nueces. ) Before me, the undersigned, a Notary Public, this day personally came LouLaa.._Y.i.ok who being first duly sworn, according to law, says that he is the Dreloo..14anager.. of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of of which the annexed is a true copy, was published in on the 1 day of Alm 1974-, dbilIonisotaidx. stonnalizzatis-_ sosesonOCK, Times. $ 5.27. Subscribed and sworn to before me this 6. day of Jtoio vak--- Kenneth Holt ---2h2112- Notary Public, Nueces County, Texas se Viek, Office Manager NCOTICE Pn_; "lAVC �O I 7 AA1'N0�1.'G THc ! LIT1 SAN E•A p 195?, '� C P u 1,N, BY A PART AMENDING TIONS (711 AND' 9F, ER VIDING SEVERq ILIHTY. AN RO• gf S A'N SEAS A p9 VO by fhe CNy gr, a h C1C??Oo [D [holing held tha R � 7 aryus Moo)51g held May 29, 1P74, at aeNl P offohl fnd PPoYIdm That It shall b� M41m7 on and after Its pawl) and ®edlnea Shoil 6e�o flpp b�n0. ex Iar0. R TWO •NUndry (�.7O) tz: 4SE4LN q The 9Ry M Corpus AND l'exae, this 3qh dpi yT ay. 974rleN, ,(e) t 11 7474 T. RAY KR