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Home My WebLink About026290 ORD - 05/31/2005 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY OCEANTREE LIMITED, BY CHANGING THE ZONING MAP IN REFERENCE TO OCEAN VILLAGE ESTATE, BLOCK 1, LOTS 1, 2 AND 3, FROM "A-T" APARTMENT-TOURIST DISTRICT TO "A-T"/PUD-2 APARTMENT-TOURIST DISTRICT WITH A PLANNED UNIT DEVELOPMENT 2, SUBJECT TO EIGHT (8) 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 Oceantree Limited 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, May 18, 2005, during a meeting of the Planning Commission, and on Tuesday, May 31, 2005, 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 changing the zoning onto Ocean Village Estate, Block 1, Lots 1, 2 and 3, located at the southwest corner of Ocean Drive and Airline Road, from "A-T" Apartment- Tourist District to "A-T"/PUD-2 Apartment-Tourist District with a Planned Unit Development-2, subject to eight (8) conditions (Map 042038) SECTION 2. That the approved Planned Unit Development-2 (PUD-2) granted in Section 1. of this Ordinance currently allows for high-rise multi-family development in the "A-T" Apartment-Tourist District. The requested garden home development would allow for lower-density residential uses. The PUD-2 overlay designation permits garden home development within Ocean Village Estate, Block 1, Lots 1, 2 and 3, subject to the following eight (8) conditions: 1. Permitted Use: Allow for the construction of a garden home development consisting of not more than forty-three (43) units on Ocean Village Estate, Block 1, Lots 1, 2 and 3. Uses and developments allowed in the "A-T" Apartment-Tourist District shall be permitted as authorized by the Zoning Ordinance, as the same may be amended from time to time. 026290 Page 2 of 4 2. BuildinQ HeiQht of Use: The building shall not exceed three (3) stories and thirty-five (35') feet in height. 3. Accessory Uses: Fencing and swimming pools shall be permitted. 4. Front Setback: The building line setback on the front of each unit shall not be less than ten feet and six inches (10'6") from the private street drive aisle. 5. BuildinQ Separation: Minimum spacing between buildings shall not be less than seven (7') feet. 6. Architectural Feature: Windows on opposing sides of buildings less than ten (10') feet apart either shall be separated by a fence not less than six (6') feet in height or shall not be opposite each other providing a minimum separation of seven (7') feet from the center line of a window to the center line of the opposing window projected onto the same wall. 7. Streets: Streets within the development shall not be less than twenty-four (24') feet in width and shall be designated as private streets. 8. Time Limit: Construction of the garden home development shall be completed in a single-phase and shall commence within two (2) years from the approved ordinance date of the PUD-2 development and shall be completed within five (5) years from the approved ordinance date of the PUD-2 development. SECTION 3. 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 4. 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 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 7. 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 31st day of May, 2005. A TTES;-i () 0/1 /tJ~- Armando Chapa ;; City Secretary APPROVED , .1 c-, 2 (0 ,1 Joseph Har)~~\ ,I? / Assistant City Attorney For City Attorney 2005 THE CITY OF CORPUS CHRISTI ~~4wdf He Garrett Mayor, The City of Corpus Christi EftIECnYE DATE ~/fc/oS Page 3 of 4 Page 4 of 4 Corpus Christi, Texas 3)S}daYOf ~~ ,2005 TO THE MEM~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, Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott ~ ~ 0~(J ~' 9iL ~ ()2~~9n .. i , 'c~.: PUBLISHER'S AFFIDAVIT f ,r-I'.!N1'l ::19:45 State -n,!,ITeXas County of Nueccs ss: CITY OF CORPUS CHRISTI O. Ad # 5222702 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 SENIOR COLLECTOR 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, KIeberg, 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 6TH day(s) of JUNE, 2005. $ 104.44 bL'Q/lo. (fj Uut#.s~ SENIOR COLLECTOR IWo.R) Time(s) .c; . c ..p.RIA f:t. . r \>-,.'....... 0 .~2~ ~~~~~;~~ 'l: I;..'t(\;p . '. .-<fIe OF~'\'" . \h '. t"PIR~-..' '1), 01...... B >.,~.23-zifJ ........,- ~:".. Subscribed and sworn to me on the date of JUNE 07,2005. (~1'ncLfli~ ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. 12F ,_v.h,nAR N<mClI ell' , Of_NO - IAmendlng the Zenl : Ordlnanc., upo : application b I' 0cNntnI0 Umltod, changing the mepln_ ! Ocean VIIage ~. Block 1, L.oI8 1. 2 3 from .A~T. j Apartment- Tourle DioIItOt to 'A-T"I"I'UD- 2' ~TouriIt DIotrtcl_aPl_ Unit DawloprMm 2, Uljocl to eIl;1I (8) ,oolldllons; M4..1lQ ,the Comprehe PIon lD _lor any . davtationa from 'exilting ~h.llli.. PIon. Thi. ordlnllnce WU ~endlll>PfO'o/Od by tho ClIy CounoIl 01 the CIIy 01 Corpuo Chrioli on May 31, . 2005. 101 Armando CIIapa CIIy~ C