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Home My WebLink About026338 ORD - 07/12/2005 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY H.E.P. DEVELOPERS, INC, BY CHANGING THE ZONING MAP IN REFERENCE TO 19.98 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS LOT 18, SECTION 48, FROM "R-1B" ONE-FAMILY RESIDENTIAL DISTRICT TO "R-1 B/SP" ONE-FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT SUBJECT TO A SITE PLAN AND SEVEN (7) 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 H.E.P. Developers, Inc. 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, June 1, 2005, during a meeting of the Planning Commission, and on Tuesday, July 12, 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 on 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Lot 18, Section 48, located along Graham Road and 670 feet east of Flour Bluff Drive, from "R-1 B" One-family Dwelling District to "R-1 B/SP" One-family Dwelling District with a Special Permit for single-family residential development, as shown on the attached Exhibit, subject to seven (7) conditions. (Map 036032) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following seven (7) conditions: 1. USE: This Special Permit shall provide for the same basic uses as the "R- 1 B"One-family Dwelling District, in particularly large lot single-family detached development, on 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 48, Lot 18. 2. LOT AREA: Each lot shall provide a minimum area of one (1) acre within the platted subdivision. H. \LEG-OI RUoseph\Zoning-05\0605-02Special.doc 026338 Page 2 of 4 3 LOT WIDTH: A minimum lot width of 150 feet shall be provided. 4 SETBACKS: A 50 foot minimum front yard setback and minimum side and rear yard setback of 25 feet shall be maintained. 5 INFRASTRUCTURE: Curbs, gutters and sidewalks shall not be required for the subject property. 6 DRAINAGE: A drainage retentionldetention pond serving the subject property shall be provided. The retention/detention pond shall be constructed to handle a 25-year storm event. 7 TIME LIMIT: The 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. 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 1ih day of July, 2005. H: \LEG-DIRIJoseph\Zoning-05\0605-02Special.doc ATTEST'~ Armando Chapa City Secretary APPROVED .{., . , 2005 , ~ l{~~ Joseph H'rney 0 Assistant City Attorney For City Attorney H :\LEG-DIRlJoseph\Zoning-05\0605-02Special. doc ity of Corpus Christi Page 3 of 4 Corpus Christi, Texas , 2 -tV\ ~---- i 'day of \..ct , 2005 TO THE MEMBERS THE CITY COUNCIL Corpus Christi, Texas Page 4 of 4 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. IIwe, 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, Council Members Respectfully, The above ordinance was passed by the following vote: Henry Garrett C \ Brent Chesney Jerry Garcia John E. Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott W J-- ---f1tr H \LEG-DIR\Joseph\Zoning-05\0605-02Special.doc 026338 ]. I : 1- rwrill' !, . ~__~ ~+... i11! d .. :%/6((:~;::' t~-' ~ ~m:~ Jill -- /~~,~~~ <~>_.- ~- ~ [I - =I ,~/ / . -----I . - - - , i: I I. ~~JI i _ _I' ;1 ....... 'T r"-r I. ----. I 1-. I I. lni~'jTLfll: -HH1. --: i....... i I ilirlmtiTlliJIl1 -1 [ I :~:+:lw.wl\:'I.,IJ.1T~fh: fr~-I ' I i----U.. .111.. .... . l"'j , i '...--1 , -"1 \- Fill i ___J _..LI ~____.,""""..l,,^ .. 'T]--O~rr~ Ol U) ~ VJ S Go o . - co of ~rm.1ng Ul -0 o o a::: "' Eel oo! -'=~ ~ (711 450 300 ~ L Pcrilon of Lot 19, Sectlcn 48 Flour Bluff and Encinal Farm and Garden Tracts \ Vd. 1;, pgs. 41-43, Mclp Records of Nu..,. County, iexos (Owner: Jock L. Marchand'" and ROIOClnn Wgn:hand Doe. No. 2004004587. Oeed R<<lOI"dI of Nueces County. Toxas) S28"52'07"W 1321.01' R-1B to RE 19.98 ACRES 870,238.78 SQ. FT. 880.93' N28"57'08"E 1321 95' North half of lot 17. SectIon 48 Flour Bluff and Encinal Fann and Garden Tracts Val. 1;, pgs. 41-43, Map Records of Nu"""" County, Texoe (Doc. No. 2000029618. Offlcl<ll Public RACOrde 01 Mu..... Co&.Inty. Te.as) Lot 1 Lot 2 Lot 3 Lot 4 Lot 10 Lot 9 .- lotS It) ~ Lot 7 :g lotS N .- . - lotS co Z Lot 4 Lot 3 Conoll'r' Subdi.....ision ~Lot 2 Val. 42, Pg. 77, Mop ~ Records of Nuec_ County. T"""" Lot 1 Lot 10 Lot 9 8 a.! Lots ",,, "@::E=-, ~~1; Lot 7 0-8 .- I ~- ~:;I "'''' LotS ~ 0. '" 6 :z '0.-- 010 0 ~ .. fa Lot !5 u:e~ II)~ > Lot 4 i: II) c: Lot 3 0 ['! II) Lot 2 E 0 Lot 1 Map to Accompany FlELDNOTES for rezoning a 19.98 a<:re tract (not based an an on-the-ground survey) of land, being all of Lot 600 18, Section 48, Flour Bluff and EncinQl Fann and Gorden I Tracts, a map which is recorded in Volume A. Pages 41 43, Mop Records of Nueces County, Texas. IIURBAN ~1f=~.~~ 2005 ~ JOB NO.: 40044.00.00 1m ~ <altfJ$11IIiS1l 1J;W T0W SHEET: 1 OF 1 {JII)8!Jl-JlOI rift: (J1J1)8U-NJ01 DRAWN BY: DL 200 0 300 I~ G d NOd.=! Nd8G'17 SOG-90-L -. :U~_, b S0A~,1 F--r:.-:Ct' P.l ,~ U..AN ENGINEERING April 27, 2005 Job No. 40044.00.00 ,... g: (361 )854.31 0 1 PO, BOX 6355 . CORPUS CHRISTI, TEXAS 78466-6355 FAX (361 )854.600 1 State of Texas 19.98 Acres Co....n~' QtN~oo()o) T'~","..J !'"ivh..oy fVl Jv.c.vllilJ!:o a.) '.?O 4....11. Uo:1L:l \UV\ lJa.M::U VB all UII~lllc-grollna survey) oemg all of Lot 18, Section 48, Flour Bluff and Encinal Farm and Garden Tracts. a map which is reco'(d~d in Volume A, Po-goo 11 1J~ !\ta.p Rocord3 of HUCCC-3 County, Tc.-Ad':>. .:>aiJ 19_98 ~t,,;I~ Uiii,;t b<,;in;5 n"1o",:, .full)'- d';''':'v~;L...J l/,,~ UH",h",~ .:i.llV- uvuw.b Q;:) full\)\I\'~1 Beginning at a point on the centerline of Graham Road. a 40 foot wide public roadway, for the: wt":~1 t"nrnpr of I ot 17 C::r.loiA <;:'Pl'1'lt""m .1R~ -:lnrt t~,.. ,,1),;- n~rth ~ol'n...t" of cQ,~d Lot 1 g, Clnd ot'th;o tract; Th".nf'p "-nllth f.100R'()")" J:;<:>c-t_ ,,\r."'OH,..::. ".".....\o""'..l~n"" ",-f-'",,,,:cl 0.......1........... Ll..........,... cl;O..A~..... ""~ 657.59 feet for the north corner of Lot 19, said Section 48, and for the east corner of said Lot: 8, and of thIs tract; Thence, South 28052'01" West, along the common boundary of said Lots 18 and 19, a distance of 1321.01 feet to a point on the north boundary of Lot 9, Block 2, Cornerstone Subdivision, a map which is recorded in Volume 64, Pages \1-12, Map Records ofNueccs County, Texas, and for the south corner of said Lot] 8, and of this tract; Thence, North 6 i 0 12'55" West, along the northeast boundary of said Cornerstone Subdivision, a distance of 659,51 feet for the south corner of Lot 4, Block], Conolly Subdivision, a map which is recorded in Volume 42, Page 77, Map Records of Nueccs County, T(~x:-l<;;'J ;tnn fnr fhp. we!:t ("'JI-ner of ~Q.id Lot 1 R, and ofthic traot; Thence, North 28057'08" East, at 660.93 feet pass the east corner of said Conolly Subdivision in all a total distance of 132195 feet, to the Point of Bcginning and containing J 9,98 Acres (870,238,78 square feet) afland. Bearings are based on the survey of the Northeast 'is of Lot] 7 and all of Lot] 8, Section 48, flour Bluff and Encina] Farm and Garden Tracts, by HAAS Surv~ying Job No. 041 ] 70. dated Janumy 5, 2005. Unless this Field Notes Description, including preamble, seal, and signature, appears in its entirety, in its original form, surveyor aSSumes no responsibility for its accuracy, S:\Surveying\40044\fu400440000,doc Page] of 1 . :;:;:'i~ Dan L. Urban, R.P.I"S. LI\:t:ll:n~ I"ft1. ""flV ?7?!i ~WA.Nn,IFr.> rJD . l-(-!~~II<:; ,-10401,-TI T>:"Y"t:J...:.: 7wl'lr-)/1 mali@urbaneng.com ~~ ,.... _ ('In". '* t'l/^rJC, _ r,? PUBLISHER'S AFFIDAVIT , , c., " .' \ . ~ 1'.'.' : : :, : i' !l f1~~'ls q ntv ,,1' NU('(TS ss: CITY OF CORPUS CHRISTI Ad # 523q878 PO # !kf"n' tne, the undersigned, a Notary Public, this day personally came Diana liitJ,Jj()SC1, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper fJi,l:iishtd at C!lrpus Christi in said City and State, generally circulated in \r:ll!SaS Bee, Brooks Duval, ,Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, [,iV' Oak, Nueccs, Rcfugio, San Patricia, Victoria and Webb Counties, and that !". publICation of, NOTIC.;EOF PUBLIC HEARING TO which the annexed is a 'iI' (ol'\', was insert,'d in The Corpus Christi Caller-Times and on the World \V idi' W( h on 1 he Cnllpr- TimE'S Interactive on the ~7TH day(s) of ,JUNE, 2005, ~ i { t d~R j':y_.~ <i/. &u~.s~ SENIOR COLLECTOR I'W( 'J-L Time(s) Subscribed and sworn to me on the date of )UNE 28,2005. ';, '.1 I- ..,~~;" ;-,"~.; .j '-j-., . '~ ~-t U2L:( (/0 U<UO--__ t? ~..J Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public 'J. lll- ,'x - \p \,,," -2i-ZIJ)l... My commission cxpires on 04/23/09. CALLER- TIMES. June 27,2005. .....y. 11 F -- - -- --- . TICI OF PU8UC HEARING TO CONeIDER ZONING APPLlCAnON(S) OF THE CITY OF CORPUS CHRISn otIce is hereby given in acoorcIance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on TU98day, July t 2, 2005 during a regular Council meeting which commences at 10:00 a,m. in the City Council Chambers. City Hall. 1201 Leopard, to i conaider the following- zoning appllcatlon(a) of which said application(s) are on fNe in the Otilce of the City Secretary and the Department of Planning, At said time and place of hearing, all pel'lOnS and parties intelll8lad may appear before the City Council. The zoning appllcation(s) to be considered at the hearing is as follows: 1. 0805-02, HEP Developers, Inc.: 'R- 1 B' One-family Dwelling District to a "RE' Residential Estate District - Located along Graham Road and 670 fee east of Flour Btu Drive, Information may b obtained by. calling vishing the Depart of Developmen Services, Plannl" Section at (361) 826- 3560, 2406 Leopard ~, . /8/ AIlIIIIldo CIty City 01 Colpus Christl PUBLISHER'S AFFIDAVIT l' II :'. 'J,j "()f' l'c~k;": t.llL "f Nuc(('s . ,.. I [J ,.s CITY (W CORPUS CHRISTI Ad Ii ~).2 ::ih88 1 PO Ii H,f'>lT nit', the undersigned ~I Nolan' Puhl1c, this day personally came Diana I I III! 'lOS<.t- who hei ng first d uk sworn, d< cording to law, says that she is Sf<J'J~)RC()1J~E(~TQ~ of the Corpus Christi Caller-Times, a daily newspaper puhlished at C,)rpus Christi III said Cil\ and State, generally circulated in '\ralisas. Bee, Brooks. Duval, ,Jim Hogg, .Jim Wells, Karnes, Kenedy, Kleberg, Lm Oak. Nuncs, Relugio San Patricio, Victoria and Webb Counties, and that ,he Pllblicatioll of. NOTICE UF PASSAGE OF ORDINANCE NO, which the ----- --------.. -- ...-- --- ----..--..- ..--.__.._--_...~ Illlwxecl is a truc ('oP\, was lIlserled in the Corpus Christi Caller-Times and on : hc World Wide Web Oil the Caller Times Interactiue on the 18TH day(s) of JULY, --'UUl. :Bll(),26 ---....--..- J\c"f1f\fJ.- ?fj iuboO.5~- SENIOR COLLECTOR TW< U2, Time(sj Subscribed and sworn to me on the date of , IUL L12.L ~ ()U.s. i;f'" '-'~L~Y)}:LiU4-- I/.~ Notary Public, Nueces County, T~ I<USA MARIA FLORES Prillt or Tvpc' Name of Notary Public rvh commission expires on 04/23/09. -:; i: ." _":~" i).::._. ,).,'K ':r,-'" ;1 NOTICE OF PASSAGE OF ORDINANC~ NO_ 026338 Amending the Zoning Ordinance. upon application by H.E.P Developers, Inc., by changing the zoning map in reference to 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts Lot 18, Section 48, from "R-1 B" One- family Residential District to "R-1B/SP" One-family Dwelling District with a SpeCIal Permit subject to a site" plan and seven (7)! conditions; amending I the Comprehensive Plan to account for any deviations from thej e xis tin gj Comprehensive Plan. This ordinance was passed and approved by the City Council of 1 the City of Corpus Christi on July 12, i 2005, I Is! Armando C.l City Secretary City of Corpus Christi