HomeMy WebLinkAbout026001 ORD - 10/19/2004
Page 1 of 5
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE
COVES AT LAGO VISTA BY CHANGING THE ZONING MAP IN
REFERENCE TO 130.52 ACRES OUT OF LAURELES FARM TRACTS,
SECTION 31 AND 32, (CURRENTLY ZONED "F-R" FARM-RURAL
DISTRICT) BY GRANTING A SPECIAL PERMIT FOR HALF-ACRE
SINGLE-FAMILY RESIDENTIAL LOTS SUBJECT TO TWENTY-ONE
(21) 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 The Coves at Lago Vista for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
September 8, 2004, during a meeting of the Planning Commission, and on Tuesday,
October 19, 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 Special Permit for half-acre single-family residential lots on
130.52 acres out of Laureles Farm Tracts, Section 31 and 32, (currently zoned "F-R"
Farm-Rural District), located south of F.M. 24444 and east of King Acres Drive and
King Trail, as shown on the attached Exhibit. (Map 46029)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to an Exhibit and the following twenty-one (21) conditions:
1. Permitted Uses: Uses permitted by right in the "RE" District.
2. Lot Area: Lots within the proposed subdivision of the subject property are to maintain a
minimum lot area of % acre.
3. Buildina Setbacks/Heiaht: Minimum front setback is 25 feet, with a minimum side
setback of 5-feet and maximum height of 35 feet.
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026001
Page 2 of 5
4. Infrastructure ReQuirements: Curbs, gutters, and sidewalks shall be provided along
each lot frontage within the proposed residential subdivision of the subject property, per
city requirements.
5. Access: The developer is to construct and extend a portion of South Oso Parkway
within the limits of the subject property as it aligns with the reserved Parkway area north
of the subject property. This portion of the Parkway is to serve as a future access point
for the development as South Oso Parkway connects to F.M. 2444/ South Staples
Street.
6. Drivewavs: Spacing of driveways for each lot along South Oso Parkway shall have a
combined average total spacing of 150 feet.
7. Septic Development Plan: Before the permit process for individual OSSF's (on-site
sewage facilities) are initiated, persons proposing the residential subdivision and using
OSSF's for sewage disposal shall submit planning materials for the development to the
Corpus Christi-Nueces County Public Health District. Such material shall be prepared
by a professional engineer or professional sanitarian and shall include: 1. Overall site
plan, 2. Topographic map, 3. 1 DO-year floodplain map, 4. Soil survey, 5. Location of
water well(s), 6. Location of easements, 7. Complete report detailing the type of OSSF
for consideration, and 8. Compatibility of the selected system with area drainage and
groundwater.
8. Selection Criteria for Treatment and Disposal Svstem: The type and size of an
OSSF shall be determined based on the soil and site information report. The report shall
state soil and site conditions, i.e., soil texture, groundwater evaluation, topography, flood
hazard and setback restrictions. Site evaluations are to be performed on each tract of
land where an OSSF is planned for installation by a certified site evaluator or
professional engineer.
9. ReQuired On-Site Sewaae Facility: Due to soil and site conditions a surface application
system will be required. The systems shall consist of a 500-gallon per day Aerobic
Treatment Unit and a 750-gallon pump tank with a 'h hp pump and a chlorinating
chamber (preferably liquid chlorine) and low-angle sprinkler nozzles. The surface
application area (number of sprinklers) is determined by the number of bedrooms and/or
square footage of the residence,
10. Surface Application Restrictions: Whenever the buffer zone between the property line
and the edge of the spray area is less than 20 feet, a minimum setback of 10 feet is
required. The dispersal area shall be controlled by a commercial irrigation timer set to
spray between midnight and 5:00 a. m.
11. Maintenance ReQuirements: A two-year maintenance contract with the signature of the
homeowner in combination with a certified installer and/or maintenance company is
required. Additional requirements include the submission of the sign contract to the
regulatory authority prior to the issuance of a construction. On-going maintenance
throughout the life of the system shall continue. Renewal of maintenance contracts must
be submitted to the regulatory authority 30 days prior to the expiration date.
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12. Affidavits to the Public: An affidavit to the public must be filed with the Nueces County
Clerk's Office prior to the issuance of a license to operate the system. The affidavit must
include the name of the homeowner, address, legal description of the property, type of
system installed and any variances that are granted. (Variance, if any, will be limited.)
13. Acceptable Surface Application Areas: Land acceptable for surface application shall
have a flat terrain (< 15% slope) and shall be covered with vegetation, i.e., grass, trees
or mixed vegetation.
14. Landscape Plan: A landscape plan must be included when applying for a construction
permit. The landscape plan shall describe the type of vegetation to be maintained in the
disposal area.
15. Effluent Disinfection: The treated effluent must be disinfected before surface
application can occur (liquid chlorine). It is the homeowner's responsibility to maintain
the proper chlorine residual (0.1 mg/I).
16. Testina and Reportina: The system operating components shall be inspected every
four (4) months by a certified maintenance company. The chlorine residual within the
chlorinating chamber shall be submitted to the permitting authority and the homeowner
within 14 days.
17. Professional Desian: The surface application system shall be designed by either a
professional engineer or a professional sanitarian. The design criteria must comply with
Chapter 285, as it pertains to surface application systems of the Texas Administrative
Code.
18. Septic Setback Reauirements: To prevent potential pollution from occurring, the
following setbacks are to be adhered to: 1. Septic tank must be 5 feet from any structure
and property line limitations, 2. Edge of spray area must be 10 feet from property lines
and water meter, 3. Edge of spray area must be 50 feet from any body of water (natural
or man-made), 4. Edge of spray area must be 100 feet from any water well (unless the
well is pressure grouted to a depth of 100 feet), and 5.Edge of spray area must be 25
feet from property or surrounding swimming pool.
19. Additional Restrictions: 1. The design criteria shall be submitted to the Corpus Christi-
Nueces County Public Health District as the authorized agent for review and approval
prior to applying for a building/plumbing permit. Upon approval, a permit to construct will
be issued. 2. The surface application area must be free from any type of construction
(current or future) i.e. basketball and tennis courts, swimming pools, storage buildings
and workshops etc.
20. Plat: Place a note on the preliminary and final plat to refer to the conditions of this
special permit and zoning case number.
21. Time Limit: This Special Permit shall be deemed to have expired within one (1) year
from the date of this ordinance unless the property is being used as outlined in Condition
#1 and in compliance with all other conditions.
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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.
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 (1) 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 19thday of October, 2004.
ATTEST:
~
Armando Chapa
City Secretary
APPROVED (7.1,.,L.ov I 3 2004
THE CITY O~ 29RPUS CHRISTI
~~r 'iq
Samuel L. Neal, Jr. '
Mayor, The City of Corpus Christi
'~ I\---
Joseph Ha ney 0
Assistant City Attorney
For City Attorney
H :\LE G-O I RIJosephlZoning-04\0904-05Special Permit.doc
Page 5 of 5
Corpus Christi, Texas
Jcr~ day of Ct-M~,,--, 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.
Respectfu lIy,
Respectfully,
amuel L. Nea ,
Mayor, The City of Corpus Chri I
Council Members
The above ordinance was passed by the following vote:
Rex A. Kinnison
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Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Jesse Noyola
Mark Scott
H :\LEG-DI RIJosephlZoning-04\0904-05SpeciaIPermit.doc
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OCT-7-2004 14:28 FROM:CITY OF CORPUS CHRIS
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TO: 98803239
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JOB NO. 38035.00.00
A VG lJST 24, 2004
(361)854-3101
TI. TEXAS r 8466-6355
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COUNTY 01' NUECES :,
FIELDNOTES for the RE-ZONING of a 13 if 5 ~cre tract Jf land, more or less, out orthe south
half of Section 31 and the north half of Section 32, L e ~ Farm Tracts, a map of which is recorded in
Volume 3, Page 15, Map Records ofNueces County, x and bein~ a portion of the property conveyed
by C.E. Treffiich ur to Corpus Christi Land Venture lates by S~'ecial Warranty Deed, Volume 1898,
Page 840, et seq" Deed Records ofNueces County, I'.. a , ~aid 130.2 5 acre tract ofland being more fully
described as follows: 1.1 I
BEGINNING at the east boundary of Lot 8," k!4, King's ~states Unit I, a map of which is
recorded in Volume 56, Pages 199-20 I, Map Record! ~eccs Cou'lty, Texas, from which point the
common east corner of Lots 7 and 8, Block 4, said K,' .states Unif 1, bears North 00"00'00" East, a
distance of89.82 feet; 't,
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THENCE, South 890S8'05" East, 1,206,20 ,:; ! I
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THENCE, South 60058'05" East, 312.58 fe ~. 0 t~e point of curvature of a circular curve to the
right whose radius point bears South 29001' 55" We ,I' slance of si.( 0.23 feet and having a central angle
of 60'00'00", a radius of520.23 feel, a tangentlengt1t f 00.35 feet,~nd an arc length of544.78 feet;
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THENCE along circular curve to the right a ' l~ngth of 544.78 feet for the point of tangency;
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THENCE North 69049'58" West, at 247.17, t rs the east boundary of King's Estates UnitZ, a
map of"hich is recorded in Volume 57, Pages I 06- ~.' p RecordF. ofNueces County, Texas, in all a
total distanceof474,71 feet., 1.1,
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THENCE North 20010'02" East, continuin ' 0 ~the east b~undary of said King's Estates Unit 2,
a distance of 86.53 feet for the point of curvature a c: I Icurve to t\le right whose radius point bears
South 69049'58" East, a distance of 1,008,34 feet an " a i1g a centra'J angle of 500S3'54", a radius of
I ,008.34 feet, a tangent length of 479.86 feet, and ani er gth of 89t. .75 feet;
THENCE along circular curve to the right a . length of 8 5.75 reet;
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9[124 feet fo~ the point of curvature ofa circular
, West, a diftance of 595.00 feet and having a
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South 0000 I '55" West, 340.00 fee i :
South 89058'05" East, 200.00 feet; 1
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South 26"28'07" Easl, 560.00 reet; . .
South 38028'07" East, 355.13 feet; :
South 17<02'08" West, 575.40 ree : f
South 00000'00" East, 735.85 feel; I!
North 77'00'57" West, 1,431.72 fe I
North 49"00'00" West, 1,260.54 fe' :
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THENCE North 14052'04" West, a distanc
curve to the left whose radius point bears South 740
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2725 SWANTNER DR, . C
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OCT-7-2004 14:29 FROM:CITY OF CORPUS CHRIS 3618263560 TO: 98803239 P.7/10
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central angle of64048'38", . radio, of 595.00 feel, .',' ~t lenglh 0(377.66 feet, and an arc length of
673.01 feel; ',r I ,
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THENCE along circular curve to the left an:. e*gth of67~.01;
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THENCE Nonh 80026'20" West, a dislanc;4 5i22 feet; I
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THENCE Nonh 10005' 56" East, a distance Q 6 .~O feet; ,
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THENCE South 80026'20" East, a distance .. 4 .~5 feet for!the point of curvature of a circular
curve to the right whose radius point bears South 09. '01' West, a distance of 655.00 feet and having a
central angle of 19052'27", a radius of655.00 feet, a! ~tlength of 114.75 feet, and an arc length of
227.20 feel; " I
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THENCE, along circular curve to the right ength of~27.20 feet;
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THENCE, Nonh 29"26'07" East, a distanc ", 1.75 feel; I
THENCE North 00000'00" East. a distance ~ 2 ~.18 feel t~ the POINT OF BEGINNING .nd
containing 130.255 .cres, more or less, of I.nd. I'i I i
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Bearings based on the recorded pl.t of Kin ',' t~les Unit2~ a m.p of which is recorded in
Volume 57, Pages 106-108, Map Records ofNueces :. u l}', Texas. I
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Unless this Field NOles Description, indudi 'p e~mble, seal and signature, .ppears in its original
form, surveyor assumes no responsibility or liability, 'i ~ccuracy. i
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FIELDNOTES for the RE-ZONING of an J . .fl8 square foot tract of land, more or less, out of
the south half of Section 31, Laureles Far~ Tracts,.a I p Of which is recorded in Volume 3, P?ge 15, Map
Records ofNueces County, Texas and bel'lg a ponlo ,f hF propertyiconveyed by C.E. Trem,ch. III to
Corpus Christi Land Venture Associates by Special I,. n;ry Deed, yolume !898, Page 840, et seq., Deed
Records ofNueces County. Texas. I; i I
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COMMENCING at a point on the common ' t qrner ofUjts 8 and 9, Block 4, King's Estates
Unit!, a map of which is tecorded in Volume 56, Pa " 9p-201, Map Records ofNueces County, Texas;
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90.00 feet ror the POINT OF BEGINNING and
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THENCE, Nonh 00'01 '55" East, a distance:.'! ~.30 feet fo,\" a corner ofthis tract;
THENCE, South 60'58'05" East, a distance 51.76 feet fJ{. corner of this tract;
THENCE, Nonh 89'58'05" West, a distanc I i 0~.20 feet t~ the POINT OF BEGINNING and
containing 11,784.48 square feet ofland, if I i
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Bearings based on the recorded plat of Kin \;' t4tes Unit lr a map of which is recorded in
Volume 56, Pages 199-201, Map Records of Nueces : u tr, Texas. I
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Unless this Field Notes Description, includi' p e~mble. sea! and signature, appears in its original
form, surveyor assumes no responsibility or liability 1 . i rCcuracy.!
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RE-ZONING :
STATE 01' TEXAS
COUNTY OF NUECES
THENCE. Nonh 00'00'00" East, along the ,~.
35.18 feet to a point; !
THENCE, South 89'58'05" East, a distance :,It
the southwest conler of this tract; J
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JOB NO. 3S035.A4,00
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URBAN ENGINEERING
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PUBLISHER'S AFFIDAVIT
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State of~~fak - . \" ~
County of Nueces
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CITY OF CORPUS CHRISTI
Ad # 5019372
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinojosa, 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 PUBLIC HEARING TO which the annexed is a true
copv, was inserted in the Corpus Christi Caller-Times and on the World Wide
Web on the Caller-Times Interactive on the 4TH day(s) of OCTOBER, 2004.
$246.00
bL'a.flC1- (jj Uuo-;P.s~
Credit Manager
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
OCTOBER 05. 2004.
(~~O~)fl '/rrJ!F)j~ ''-<~_
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
TICE OF PUBLIC
HEARING TO
CONSIDER ZONING
APPLlCATION(S) OF
THE CITY OF
CORPUS CHRISTI
otice is hereby given In
accordance with the
law that the City
Council of the City of
Corpus Christi will
conduct a public
hearing on Tuelday,
October 19, 2004,
during a regular
Council meeting which
commences at 10:00
a.m. in the City Council
Chambers, City Hall,
1201 Leopard. to
consider the foflawtng
_ng appIlca1Ion(o) ciI
which said
wlca1lon(s) ... on
.. In the 0Ilice of "'"
Cfty Secretary and the I
Department of
PlInning. At said lime
and place of heMng,
811 pel8Ol18 and pMIao
im.rested may.....
bolo.. tile City CouncIl.
The zoning
opplloation(s) to be
considered at the
hearing are as foIows:
1. 0904-01,
Mootaghaai ~
T_: 'R-1B' One-
-Ity~~~
III "8-1' N
IluIIn9Is D strIcl ond
'R.,\!' Multlpla D~
DIolriot - LocaIad_
the north side 01
Y_ Road ond
1,000 foe. ... of
_ StopIes "'l
2. 09lJ4.lIIl.. Kree S.
WIliams: 'R.1B One-
-!Yo Dwelling -
to B-3- Bualft...
Olltrlct - LocaWd on
the east side of Rand
Morgan Road and 600
feet south of McNorton
Road. 3. 0904-03,
eMS Construction
Services, LLC: 'R.l B'
One-family Dwellinq
District to "AT
Apartment Tourist
D61trict - Located.,..
of Leeward Drive, ....
of Aruba Drive, and
south of Running Liltlt
Drive. 4. 0904-o!. The
Coves at Lago V.....:
"F.R" Farm-Rural
Diatrict and "RE"
Residential Estate
Dlalrict '0 'RA' One-
family DweUing CMItrict
- Loca'-<l80uthofF.M.
2444 and aast of KIng
Acres Drive and King
TrE. Information may
be obtainad by c:atIIrIg
or visiting the
Department of
Development Servk:el.
Planning Section at
(381) 826-3560, 2408
Leopard Street.
Is! Annando Chapa
City SecMlery
CftyofCorpusOl1~
PUBLISHER'S AFFIDAVIT
-...,.... ." ('
State of Texas
County of Nueccs
ss:
CITY OF CORPUS CHRISTI
Ad # 5036127
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinojosa, 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 ORDINANCES 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 25TH day(s) of OCTOBER,
2004.
$185.50
h'LUW.- ?tj U-t~.s~
Credit Manager
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
OCTOBER 26. 2004.
/-J?(!)~)L\ f-o}(lJh/l dtw?cu
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
and Encinal Farm and
Garden Tracts, 5ectton
10. Lots 12 and 13.
,~from "R.1B" One-
.. family Dwalllng Diatrict
to Tract 1 . "R-2"
Multiple Dwelling
DtotItct and Tract 2-"B-
1A" Neighborhood
Business District; NO.
026000, amending the
Zoning Ordinance, I
upon application by
eMS Constructlon
SelVioes by changing
the zoning map in
reterence to Padre
Island. Section e,
Block 2, Lots 3. 4, 14,
15, and 18, from 'R-
t B" One-family
Dwelling District to
. AT" Apartmant T ouriat
District; and NO.
02t001, amandIng tho
Zoning Ordinance,
upon appllca1lon by tho
COves at Laao Villa by
changing tIio zoning
map In reference to
t 30.52 8C1'88 out of
Laureles Fa"" Tracts.
Section 31 and 32.
(c......ntIy zcned 'F-R"
Fann Rural.OI_) by
granting a Spec..1
Penn" for haIf....rel
single-family residential
lots subject to twenty-
ens (21) condIlIons;
am.ndin~ the
ComprehenaMI Plan
to account tor any
deviations from the
9 X I at I n g
Comp_ Plan.
These ordinance.
were palled and
approved by tho City
Council of the City of
Corpu. _ Christi on
Oo*lbof 19. 2004.
101 Annondo CIIopa
CIty_ry
Cttv of CaIDUII ChrtstI