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Home My WebLink About025143 ORD - 12/17/2002Page I of 5 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 24. HEIGHT, AREA & BULK REQUIREMENTS BY ADDING A CATEGORY FOR ONE FAMILY DWELLING ON PADRE AND MUSTANG BARRIER ISLANDS IN AN "AT" APARTMENT TOURIST DISTRICT; BY INCLUDING IN THIS CATEGORY THE FOLLOWING MINIMUM REQUIREMENTS: 20 ft FRONT YARD, 5 ft SIDE & REAR YARDS, 25% YARD OPEN SPACE, 5,000 sq ft LOT, AND 50 ft LOT WIDTH; AND MAXIMUM REQUIREMENTS: NONE FOR HEIGHT, 43,560 sq ft FLOOR AREA PER ACRE OF LOT AREA, 1.0 FLOOR AREA FACTOR, AND 8.72 UNITS PER ACRE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 20, 2002, during a meeting of the Planning Commission, and on Tuesday, December 10, 2002, and on Tuesday, December 17, 2002, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this 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, is amended by revising Section 24-1 by: (1) inserting a category with separate requirements for One Family Dwelling on Padre and Mustang Barrier Islands as the first level of the row for "AT" Apartment Tourist District in the chart so that there will be four levels of requirements for "AT" Apartment Tourist; and by changing the words "1 & 2 family" to "all other 1 family and all 2 family" in the second level; (2) deleting the ..... (asterisk), ' ..... (2 asterisks), and "***" (3 asterisks) symbols used in the chart to designate notes "*", "**", and "***" shown immediately after the chart as the last part of Article 24; (3) replacing the "*", "**", and "***" symbols in the chart with "See Note 1 ", "See Note 2", and "See Note 3", respectively; 1 ';, 3 \\LEGAL\LAV~LEG- DIR\DoyleDCurtis\MYDOCS~2002\P&ZORD02~oning.ord\DOYLEC~2002\i 11502 Rev Art24.ATDist. 1Family. Padre. Mustang. Barrier. lsland. Ord.doc Page 2 of 5 (4) replacing the "*", "**", and "***" symbols in the notes immediately following the chart with "Note 1 :", "Note 2:", and "Note 3:", respectively; (5) adding "See Note 4" after the "5000" (square feet) entry under the "Minimum Lot Area in Sq. Feet (Acres)' column in the "Padre or Mustang Barrier Island 1 family dwelling" category of the ' "AT"Apartment Tourist' District row of the chart; (6) adding Note 4 to the notes immediately following the charts; and (7) changing Section 24-1 to read as follows: "ARTICLE 24. HEIGHT, AREA AND BULK REQUIREMENTS Section 24-1 Height, area and bulk requirements for various districts shall be as indicated in the chart below together with other height, area and bulk requirements contained in Article 27, appropriate zoning districts and other articles contained in this ordinance. \\LEGAL\LAVV~LEG- DIR\DoyleDCurtis~MYDOCS~002\P&ZORD02~Zoning.ord\DOYLEC~002\l 11502.Rev. Art24.ATDist 1Family. Padre. Mustang. Barrier.lsland. Ord.doc Page 3 of 5 Maximum Height MIl~imum Minimum Maximum Maximum Yard Minimum apace Minimum Minimum Lot 10000 12 10 25% (1320) S~e Note 3 See Section 6-5 3600 (3300) See Note 3 30' Note 1: One side yard may be 0' provided the other is 10', for new subdivisions of 5 or more lots contiquously developed at the same time by one developer. Note 2: In the UR1-A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the"R1-B' District as minimum requirements. Note 3: Lot area may be reduced to 3,300 square feet provided requirements outlined in Article 6B-6.03 are complied with. Note 4: Lot 11 (4,942.77 sq. ft.) and Lot 27 (4988.27 sq. ft.), BIk 1, La Concha Estates, platted before annexation proceedinqs began, are .qrandfathered for 1 family dwellinq pursuant to §§ 43.002 and 245.002 Tx. Loc. Gov. Code). Abbreviations: Dwls -- dwellings; 3+ = 3 or more; faro.=- family or families; a dash (- -) indicates no applicable regulations. \\LEGAL\LAVV~LEG- DIR\Ooy(e DC u rtis\MY DOCS~2002\P&ZORD02~.oning ord\DOY LEC~2002\111502 Rev Art24.ATDist 1Family. Padre. Mustang. Barrier Island.Ord doc Page 4 of 5 SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. 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 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. The City Secretary shall file a certified copy of this ordinance with the Nueces County Clerk for recording in the Deed Records. The recorded ordinance will then be readily available to resolve title questions regarding minimum lot area, width, and setback compliance by any lot used for a one family dwelling in an "AT" Apartment Tourist District on Padre or Mustang Island. This may be especially helpful regarding the two grandfathered lots described at the end of Article 24 of the Zoning Ordinance in Note 4 as added by Section 1 of this ordinance. \\LEGAL\LAVV~LEG- D IR\OoyleDCurtis\MYDOCS~002\P&ZORD02~Zoningord\DOYLEC~2002\l 11502. RewArt24,ATDist. 1 Family. Padre. Mustang. Barrier. lsland. Ord.doc Page 5 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the 10 th day of December,2002, by the following vote: Samuel L. Neal, Jr. ~ ! (-,,~ Rex A. Kinnison Brent Chesney John Longoria Javier D. Colmenero Jesse Noyola Henry Garrett Mark Scott William Kelly That the foregoing ordinance was read for the second time and passed finally on this the 17th day of December, 2002, by the following vote: /-,, Samuel L. Neal, Jr. ~,~-.~. ,,~ Rex A. Kinnison Brent Chesney Javier D. Colmenero ~ i William Kelly v . PASSED AND APPROVED, this th~ John Longoria Jesse Noyola Mark Scott Armando Chapa City Secretary ,20 0~' uel L.-N'eal, Jr: ~ Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 15 November, 2002 James R. Bray, Jr., City Doyle~Curtis Senio?'Assistant City Attorney \\LEGAL\LAW~LEG- D IR\DoyleDC urtis\MYDOCS~2002\P&ZORD02~Zoning o rd\DOYLEC~2002\ 111502 Re v.Art24.ATDist 1 Fa rnily. Padre M usta ng B a trier. Island O rd doc State ~f Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4402076 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 23RD day(s) of DECEMBER, 2002. . ~f $101.11 TWO {2 ) Time(s) Credit Manager Subscribed and sworn to me on the date of DECEMBER 24, 2002. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Christ) Caller-Times, Monday, December 23, 2002/1:)9 NOTICE OF PASSAGe' OF ORDINANCE NO. 025143 Ordinance amending the Zor,ing Ordinance by amending Arlic~e 24, Heght, Area. and Bulk Requirements by o Barrier Islands in 'AT" Apartment Tourist District; by includin[ this category following minimur requirements: 20-foot front yard; 5-foot side and rear yards; 25 percent yard open space 5 000 square foot lot; and 50-foot ot width; and maximum requirements; none for /s/Nmando Chapa City Secreta~/ City of Corpus Christi