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Home My WebLink About025818 ORD - 07/13/2004Page 1 of 6 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ASSET DEVELOPMENT CORPORATION, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 94 THROUGH 105, BLOCK 1, AND ALL OF BLOCKS 5, 6, 7, AND 8, COMMODORE'S COVE UNIT 2, (CURRENTLY ZONED "R-lB" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A PLANNED UNIT DEVELOPMENT 2 (PUD-2) SUBJECT TO THE APPROVED PLAT, THE "DESIGN GUIDE FOR PLANNING AND ARCHITECTURE" AND ELEVEN (11) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Asset Development Corporation for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 19, 2004, and June 2, 2004, during a meeting of the Planning Commission, and on Tuesday, July 13, 2004, 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 granting a Planned Unit Development 2 (PUD-2) on Lots 94 through 105, Block 1, and all of Blocks 5, 6, 7, and 8, Commodores Cove Unit 2 (currently zoned "R-1 B" One-family Dwelling District), located along the west side of Aquarius Street, north of Topsail Street. (Map No. E20A) SECTION 2. That the Planned Unit Development 2 granted in Section I of this Ordinance is subject to the approved plat, the "Design Guide for Planning and Architecture" and the following eleven (11) conditions: For the purpose of this ordinance the following designations shall apply: Aquarius Street Lots - Block 1, Lots 1 and 2; Block 3 Lots 1 through 6; and Block 5, Lots 1 through 6 Court Lots - Block 2, Lots 1 through 11 and 16 through 25 H:\LEG-DIR~.IOSEPH~ONING-04~_050404A.DOC Page 2 of 6 Point Lots -Block 2, Lots 12 through 15; and Block 4, Lots 1 through 6 1. Permitted Uses: The only uses permitted within this PUD-2 are single-family dwellings and an accessory second dwelling unit ("Granny Flat") not available as a rental unit. 2. Build-TolSetbacks: Development of the subject property must comply with the following build-tolsetbacks: a. Front Yard: With the exception of second story balconies and roof overhangs, all structures and fences must comply with the following build-tolsetbacks: (i) Aquarius Street Lots - A build-to fine of ten (10) feet as measured from the street right-of-way line and a 24-foot garage zone as measured from the inside edge of the build-to line, except that in Lots 1 and 2, Block 1 and Lot 1, Block 3, the main building may be placed in the garage zone. {ii) Court Lots - A build-to line of five (5) feet as measured from the street property line and a 24-foot garage zone as measured from the inside edge of the build-to line. (iii) Point Lots -Minimum setback of five (5) feet as measured from the street property line and a 24-foot landscape zone as measured from the inside edge of the setback and where porches and open structures are permitted. b. Side Yard: Minimum setback of five (5) feet for all structures. c. Rear Yard: Minimum setback of six (6) feet for all structures, except that an overhang not to exceed 42 inches is permitted and boat structures and pergolas are also permitted. 3. Building Massing: All structures must comply with the following standards: a. *The main building is limited to a height of 50 feet as measured from the adjacent grade and Aall other structures are limited to 35 feet in height as measured from the adjacent grade, not to exceed three (3} stories. b. Accessory structures such as ornamental towers and spires, chimneys, etc., are subject to Article 27, Supplementary Height, Area and Bulk Requirements of the Zoning Ordinance. c. The main building must have a minimum floor to ceiling height of nine (9) feet. d. Roofs on the main building must be either gable or hip roofs with a minimum pitch of 3:'12. Flat roofs are allowed wi#h the MissionlSpanish Colonial style provided it creates a terrace that is surrounded by a parapet wall of at least 3.5 feet in height. e. Tower and Widow's Watches are permitted. H:1LEG-DIRIGARYWSIGARYWSIDEVELOPMENT SERVICES120081031Z450404ACLER[CAL CQRRECTION.DOC *Clerical correction rrtade March 12, 2008 to conform to Planning Commission recommendation. Page 4 of 6 c. Each off~street parking space must have a dimension of not less than nine (9) feet wide and 18 feet deep. d. Each off-street parking space must be independently accessible. 7. On-Street Parking: a. On-street parking is permitted only in areas designated on the attached plat, except that along Aquarius Street on-street parking may be allowed. b. Parking spaces must have a dimension of no# less than nine (9} feet wide and 18 feet deep, except that parallel parking spaces must have a minimum dimension of eight (8}feet wide and 22 feet deep. 8. Boat Structures: Boat houses must be sized appropriately for at leas# one boat andlor one personal water craft, but in no event shall the height exceed 15 feet and the area exceed 450 square feet. Boat houses in the Point Lots may contain an enclosed second story in which case the height of the structure shall not exceed a height of 27 feet as measured from the adjacent bulkhead. 9. Outdoor Equipment: Outdoor equipment and mechanical equipment must be screened from the street. 10: Fences: Fences must comply with the following requirements: a. Aquarius Street Lots - *The wall may be only three feet (3_') high with wrought iron on top not exceeding seven feet (7') in total height: b. Court Lots -Fences must be masonry garden walls with a height of between five (5) feet and seven (7) feet. c. Point Lots -Fences must be wood fences with a maximum height of five (5} feet. 11. Landscaping: Landscaping on and along the roadways must comply with the following: a. Landscaping along landscape easements must contain small shrubs and grasses of which a minimum of 50 percent of the materials must be native materials. b. Landscaping in the street landscape zones must contain trees and shrubs of which a minimum of 50 percent of the materials must be native materials. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. H:1LEG-DIRIGARYWSIGARYWSIDEVELOPMENT SERVICES120081031Z050404ACLERICAL CORRECTION.flOC `Clerical correction made March 12, 2008 to conform to Planning Commission recommendation.~~ Page 4 of 6 c. Each off-street parking space must have a dimension of not less than nine (9) feet wide and 18 feet deep. d. Each off-street parking space must be independently accessible. 7. On-Street Parkin~l: a. On-street parking is permitted only in areas designated on the attached plat, except that along Aquarius Street on-street parking may be allowed. b. Parking spaces must have a dimension of not less than nine (9) feet wide and 18 feet deep, except that parallel parking spaces must have a minimum dimension of eight (8) feet wide and 22 feet deep. 8. Boat Structures: Boat houses must be sized appropriately for at least one boat and/or one personal water craft, but in no event shall the height exceed 15 feet and the area exceed 450 square feet. Boat houses in the Point Lots may contain an enclosed second story in which case the height of the structure shall not exceed a height of 27 feet as measured from the adjacent bulkhead. 9. Outdoor EQuipment: Outdoor equipment and mechanical equipment must be screened from the street. 10: Fences: Fences must comply with the following requirements: a. Aquarius Street Lots - A minimum of 40 percent of the wall's surface must be open and the height of the wall must not exceed seven (7) feet. b. Court Lots - Fences must be masonry garden walls with a height of between five (5) feet and seven (7) feet. c. Point Lots - Fences must be wood fences with a maximum height of five (5) feet. 11. Landscaping: Landscaping on and along the roadways must comply with the following: a. Landscaping along landscape easements must contain small shrubs and grasses of which a minimum of 50 percent of the materials must be native materials. b. Landscaping in the street landscape zones must contain trees and shrubs of which a minimum of 50 percent of the materials must be native materials. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. H:\LEG-DIR~JOSEPH~ZONING-04~050404A DOC Page 5 of 6 SECTION 4. 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 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That 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 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (I) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13~h day of July, 2004. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Mayor, The City of Corpus Christi APPROVED '~u/'~ ~/ Assistant City Attorney For City Attorney ,2004 H:~LEG-DIRUOSEP H~Z_O NING-O4~Z_O50404A.DOC Page 6 of 6 Corpus Christi, Texas /;2-~ day of~..~, 2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 'Samuel L. ~ ~ Mayor, The City of Corpus Ot'iristi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, arent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR~ OS EPH~ZONING-O4~ZO50404A,DOC Ob JUN 30IN I b, State of Texas County of Nueces } ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4932908 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, Dural, Jim Hog, g, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Calle~Times Interactive on the 28TH day(s) of JUNE, 2004. $292.75 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of JUNE 29, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Chrtafl CaJler-Time~, corpus THE OtT~ OF · COR~S CHefS'n, oenduct ~r~