HomeMy WebLinkAbout027357 ORD - 07/24/2007Page 1 of
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY THE LAKES AT KING ESTATES, INC., BY CHANGING THE
ZONING MAP IN REFERENCE ENCE To 84.836 ACRES OUT OF THE
NORTH 1/2 OF SECTION 32, LAURELES FARM TRACTS, FROM "RE"
RESIDENTIAL ESTATE DISTRICT TO "RE/SP" RESIDENTIAL ESTATE
DISTRICT WITH A SPECIAL PERMIT SUBJECT TO TWENTY-ONE (21)
CONDITIONS; AMENDING THE COMPREHENSIVE ISI1 E PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY; 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 Lakes at King Estates, Inc., for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, EAS, with proper notice to the public, public hearings were held on Wednesday,
r,
May 30, 2007, during a meeting of the Planning Commission, and on Tuesday, July 10,
200 7, 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 84.836 acres out of the North �� of Section 32,
Laureles Farm Tracts, located south of King Trail off of S. Staples Street, recorded in
Volume 3, Page 15, Map Records of Nueces es County, Texas, from "RE" Residential
Estate District to "RE/SP" Residential Estate District with a Special Permit subject to
twenty-one (21) conditions. (Zoning Map 046029) (Exhibit)
SECTION 2. That the Special Permit granted in section 1 of this Ordinance is subject to
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 an avera lot area of14 �� acre.
3. Building Setbacks Hei • ht: Minimum front setback is 25 feet, with a minimum side
setback of 5 -feet and maximum height of 35 feet.
027357
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4. Infrastructure Requirements: Curbs, gutters, and sidewalks s 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
Parkwayarea 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.priveway. pacid 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 es County Public Health District. Such
material shall bep repared by a professional engineer or professional sanitarian
and shall include: 1. Overall site plan, 2. Topographic map, 3. 100 -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
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8. Compatibility of the selected system with area drainage and groundwater.
8. selection Criteria for Treatment and Disposal System: The type and size of an
SsF shall be determined based on the soil and site information report. The
report shall state soil and site conditions, i.e., soil texture, groundwater
p
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 -Bite Se age Facility: Due to soil and site conditions a surface
application s stem will be required. The systems shall consist of a 500 -gallon
y
per day Aerobic Treatment Unit and a 750 -gallon pump tank with a %% hp pump
and ahlorinating chamber (preferably liquid chlorine) and low -angle sprinkler
nozzles. The surface application area (number of sprinklers) is determined by
the number of bedrooms ander square footage of the residence.
10. Surface Application Fritio n: 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. Ilaint pan e 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
signed contract to the regulatory authority prior to the issuance of a construction
permit. On-going maintenance throughout the life of the system shall continue.
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Renewal of maintenance contracts must be submitted to the regulatory authority
30 days prior to the expiration date.
12. Affidavits to the Public: An affidavit to the public must be filed with the Nueces
CountyClerk'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 Ap • li ation 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. jandscpe 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/l).
16. lesting and Re •ortingi The system operating components shall be inspected
every four months by a certified maintenance company. The chlorine residual
within the chlorine chamber shall be submitted to the permitting authority and the
homeowner within fourteen (14) days.
17. Professional Desi nj The surface application system shall be designed by either
a1 rofessional engineer or a professional sanitarian. The design criteria must
comply with 30 Texas Administrative Code, Chapter 285, as it pertains to surface
application systems.
18. Septic Setback Requirements: To prevent potential pollution from occurring, the
following setbacks are to be adhered to: 'l , Septic tank must be 5 feet from any
structure and property line limitations, 2. Edge of spray area must be 10 feet from
propertylines 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 edge of swimming pool on
property.
19. Agonal 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.
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20. Pjjj 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.
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 . 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. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 8. 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 9. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 24th day of July, 200 7.
ATTEST:
CITY OF OF PUS CHRISTI
Armando Cha par H - my Garr
Mayor, Cit of Corpus Christi
City Secretary
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APPROVED: July 18, 2007
1.017VN *AL-,
Gary 11 .'mith
Assistant City Attorney
For City Attorney
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Corpus Christi, Texas
day of
2007
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. leve, 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.
Respecffully,
Respecffully,
Hny Garr
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Pkyc
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
02'7357
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STATE OF TEXAS
COUNTY OF NIJEC S
U BAN
ENGINEERING
Job No. 303.A700
May 11, 2007
Fieldnotes for an 84.836 acre tract (not based on an on the ground survey) out ofa 187.78 acre tract as described in
Document No. 197045821, Official Public c Records of Nueces County, Texas and out ofa 62.92 acre tract as des -bed in
Document No. 19990 90, Official Public Records of Nueces County, Texas; and all being out of the North 112 of Sermon
32, Laureles Farm Tracts, a map of which is recorded in' Volume 3, Page 15, Map Records ofl ueces County, Texas; said
84.836 acre tit being more fully described as follows:
Beginning at the southwest corner of Lot 11, Block 7, King Estates Unit Two, a map of which is recorded in
Volume 57, Pages 106 thm 108, Map Records ofNueces County, Texas for the northwest corner of this trate
Thence, with the south boundary of said Lot 11, same being the north boundary ofthis tract, as follows;
Thence, North 90°00'00" East, with the south botmdary of said Lot 11, same being the north boundary of this tract,
a distance of 342.69 feet for a corner of said Lot 11 and ofthis tract;
Thence, North 71°0757" East, continuing the south botmdary of said Lot 11, same being the north boundary of
this tract, a distance of309.70 feet to the west boundary ofKing Trail, a public roadway, for the southeast comer
of said Lot 11 and for a corner ofthis tract
Tice, North 42°22'45" East, with the southerly boundary of said King Trail, same being the north boundary of
this tract, a distance of 60,00 feet to the east botmdary of said King Trail, for a corner ofthis tract and for the beginning of a
circular curve to the right, whose radius point bears North 42°22'44" East and which has a delta angle of 0°38'57", a radius
of 970.00 feet, a #went length of 5.50 feet and an arc length of 10.99 feet;
Thence, with said circular crave to the right, along the east boundary of said King Trail, an arc length of 10.99 feet
for the southwest corner of Lot 11, Block 8, said King Estates Unit Two and for a corner of this tract
Tice, North 43°01'42" East, with the south boundary of said Lot 11, Block 8 and Lot 42 (Private Lake) of said
King Estates Unit Two, a distance of 640.58 feet for the southeast corner of said Lot 42, for a corner ofthis tract and for the
beginning ofa circular curve to the right, whose radius point bears North 49°30'02" East and which has a delta angle of
54°51'19", a radius of 1063.24 feet, a tangent length of 551.78 fint and an arc length of 1017.95 het
Thence, with said circular curve to the right, with the east boundary of the above mentioned Lot 42, sauce being
the northerly boundary of this tract, an arc length of 1017.95 feet for the northwest comer of this tract;
Thence, South 69°53121" East, with the north boundary of this tract, parallel with the south boundary ofa 150.00
foot wide drainage right-of-way shown on said recorded plat of King Estates Unit Two and 10.00 feet distant the from,
measured at right angles thereto, a distance of 44227 feet for a corner of this trate
Thence, South 49°03'06" East, continuing with the north boundary ofthis tract, a distance of 111526 feet for the
pmt of curvature ofa curve to the left, whose radius point berms North 40056154" East and which has a delta angle
of 7°56'54", a radius of 515.00 feet, a tangent length of 128.16 feet and an arc length of 251.1 feet;
Thence, with said circular curve to the left, continuing with the north boundary of this tract, an arc length of
25121 feet for the point of tangency;
(361)854-3101 2725 SWANTNER TNER O. • CORPUS CHRISTI, TEXAS 78404
U:\3 351A7 1FN38035 70 - ONINad www.urbaneng.com
FAX (361)854-6001
Page of 2
Job No. 38035.A700
May 11, 200
84.536 Acres
Thence, South 'mono" o" ,ast, continuing with the nth boundary of this tract, a distance of 254.89 feet to a point
on the west boundary ofa 14.77 acre tit of land in the name of Frank Thomas Shumate Trust No. 2 and described in
Document No. 2000001738, Official Public Records ofl u ces County, Texas, for the northeast corner ofthis
Thence, South 00°01116" East, with the west boundary of said 14.77 awe trach same being the east boundary of
this tract, a distance of956.' 1 feet for the northeast corner of a 5259 acre tract and for a corner ofthis tract
Theme North 73°25'51" West, with the nom boundary ofa 5.259 acre tract, same being the easterly boimdary of
this tract, a distance of 525.59 feet for the northwest corner of said 5.259 a pct and fuer a corner of ths tract
Thence, South 01°12'4? West, with the west boundary of said 5.259 awe tract, same being the easterly boundary
ofthis tract, a distance of 524.00 feet to a point on common boundary ofthe North 112 of mon 32 and the South 12 of
Section 32 of said Laurel Farm Tracts, for the corner of said 5.259 we tract and fix the southeast corner of
this trate
Thence, North 90°00''0" west, with the above mentioned common boundary line, same beim the south boundary of this
tract, a distance of 2096.85 feet for the southwest corner ofthis tract;
Thence, North " East„ with the west boundary of this tracta distance of 809.52 feet to the Point of
Beteg and containing 84.836 acres of id.
Bearings are based on the recorded plat ofd's Estate Unit Two, a map of which is recorded in Vale 57,
Page 106, Map Records of ueces County, Texas and ofThe Coves at Lago Vista Unit 1, a map of which is recorded in
Volume 68, Pages 98 thm 101, Map Records ofTueces County, Texas.
Unless this Fieldnotes Demon, bicluding preamble, seal and signature, appears in its entirety, in its original
form, surveyor assumes no unity for its accuracy.
VA313035\A7001F14138035A700-ZONING.doe
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PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI \
County of Nueces } Ad # 5805273
PO #
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AlIG 2007
•
civr.
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Before me, the undersigned, a Notary Public, this day personally came ORIS
HURTADO, who being first duly sworn, according to law, says that she is
LEGAL SALES REPRESENTITIVE AND EMPLOYEE of THE PUBLISHER,
namel the Corpus Christi Calter-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 Patrick', Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 027305 2
which the annexed is a true copy, was inserted in the Corpus Christi
Cailer-Times on 7/30/007 .
$1s1.14
1(s)
On this SW- day gill . �of
is a true and an exact co.� m.
LEGAL SALES REPRESENTIVE
2 601 certify that the attached document
e by pub 'sher.
Notary Pu lie, State of Texas
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