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HomeMy WebLinkAbout029395 ORD - 03/20/2012Ordinance amending Zoning Ordinance 024699, upon application by Vista Del Mar Irrigation Company, by adding a two (2) year time extension to the special permit term previously approved; amending the Comprehensive Plan to account for deviations, if any, from 1:he existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, Vista Del Mar Irrigation Company requested, prior to the initial special permit expiration date provided by Zoning Ordinance 024699, see attached, a two (2) year extension of the ten (10) year special permit term initially approved, therein requesting a total time limit of twelve (12) years. WHEREAS, the Planning Commission has forwarded to the City Council it's reports and recommendations concerning the application of Vista Del Mar Irrigation Cornpany for amendment to the special permit time limit provided in Zoning Ordinance 024699; WHEREAS, hearings were held on Wednesday, December 7, 2011, during a meeting of the Planning Commission, and on Tuesday March 20, 2012, 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 Zoning Ordinance 024699 is amended by adding a two (2) year extension to the ten (10) year special permit term initially approved, thus extending the total special permit time limit to twelve (12) years. SECTION 2. That that the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except if changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment represents a deviation from the existing Comprehensive Plan, the Comprehensive Plan is amended to conform. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 029395 INDEXED Page 2 of 3 SECTION 5. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. 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 this two (2) year extension shall take effect retroactively to December 31, 2011, at 12:01 a.m, a date ten (10) years from the original effective date of Zoning Ordinance 024699. SECTION 8. 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 2041N- day of flo rc'h ,.2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: This /110/1-4 VAVI Veronica Ocanas Assistant City Attorney For City Attorney CITY US CHRISTI Joe-Adame M yo rX y of Corpus Christi day of , 2012 K:ILegal1SHAREDILEGAL-DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMSIVista del Mar Irrigation Coinpany101-13- 2012 C1001 -02A Vista del Mar Irrigation Co, Ordinance -SP, DRAFT by EAM.doc Page 3 of 3 Corpus Christi, Texas 26* day of Karc `. , 2012 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, Respecffujly, zlee-Adapae O,: d L MMayo�r,yCity of Corpus Christi Paa Council Members The above ordinance was passed by the following vote: Joe Adame016-11j- Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 01/64e4 aikei,Jk abae K:1Legal\SHARED\LEGAL-DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS\Vista del Mar Irrigation Cornpany101-13- 2012 C1001 -02A Vista del Mar Irrigation Co, Ordinance -SP, DRAFT by EAM_doc 029395 08f16✓2011 Prepared By: SRR Department of Development Services CASE: C1001 -02A Exhibit A Planning Commission & Staff Recommendation Zoning: "RS-6/SP" Single-family 6 with a Special Permit. Ordinance No. 3 LOCATION MAP o• City of Corpus Christi Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY TI -IE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO THE NEWLY ANNEXED 1,282 ACRE TRACT, DESIGNATED AS AREA C, BY ZONING AS "R -1B" ONE -FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT FOR A MIXED USE DEVELOPMENT ON TRACT 1.2; AS "AT" APARTMENT -TOURIST DISTRICT WITH A SPECIAL PERMIT FOR A MIXED USE DEVELOPMENT ON TRACT 1.1; AND AS "AT" APARTMEN'T- TOURIST DISTRICT ON TRACT 2; 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 City of Corpus Christi, for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 10, 2001, October 24, 2001, and November 11, 2001, during a meeting of the Planning Commission, and on Tuesday, December 11, 2001, 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 zoning the newly annexed 1,282 -acre tract, designated as Area C, out of the Jose Maria Tovar Subdivision, located along South Padre Island Drive (Park Road 22), at the KleberglNueces County line and between the Laguna Madre and the Gulf of Mexico, as "R-1 B" One -family Dwelling District on Tract 1.2 and as "AT" Apartment - Tourist District on Tracts 1.1 and 2. A metes and bounds description of Area C, Tract 1.1 is attached as Exhibit A. A metes and bounds description of Area C, Tract 1.2 is attached as Exhibit B. A metes and bounds description of Area C, Tract 2 is attached as Exhibit C. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for a mixed use development on Tracts 1.1 and 1.2, (Tract 1.1 zoned "AT" Apartment -Tourist District and Tract 1.2 zoned "R -1B" One - family Dwelling District by Section 1 of this Ordinance). H:1LEG-DIRIDOYLEDCURTISIMYDOCS120011P&ZORD011ZONEANNX.oRD\DDCIZC100102AA.DOC Page 2 of 4 SECTION 3. That the Special Permit granted in Section 2 of this Ordinance is subject to the conceptual development plan, attached as Exhibit D, the intensity table, attached as Exhibit E, and the following two (2) conditions: 1. ALLOWED USES: The only development authorized by this Special Permit, other than the uses permitted by right in the "R -1B" One -family Dwelling District on Tract 1.2 and "AT" Apartment -Tourist District on Tract 1.1, is a mixed use developed as shown on the attached conceptual development plan. Actual development pattern will be established during development stages provided the density and intensity of uses do not exceed those indicated in the conceptual plan. 2. TIME LIMIT: This Special Permit expires ten (10) years from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. SECTION 4. 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 5. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, 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 6. 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 7. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 this ordinance shall take effect at 12:01 a.m., December 31, 2001, the same time that the ordinance annexing this tract of land takes effect. SECTION 10. 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 11th day of December, 2001. H:1LEG-D I RIDOYLE DCURTISIMYDOCS120011P&ZORD011ZONEANNX.ORD\DDC\ZC100102AA.DOC ATTEST. Armarfilo Chapa City Secretary Page 3 of 4 THE CITY OF CORPUS CHRISTI amuel L. Ike Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM November 30, 2001 James R. Bray, Jr. Doyle D f urtis Senior A sistant City Attorney N:1LEG-Df RIDOYLEDCURTISIMYDOCS120011P&ZORD011ZO NEANNX.ORDIDDCIZC 100102AA.IDOC Corpus Chri ti, Texas \ 1 day of 01 Page4of4 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, Council Members Respectfully, Samuel L. Nea , r. Mayor, The City of Corpus ChriO, The above ordinance was pass -d by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett 1tVilliam Kelly Rex A_ Kinnison John Longoria Jesse Noyola Mark Scott U H;1LEG-DI RIDOYLEDC URTI SIMYDOCS120011P&ZORD01IZoN EAN NX,ORDIDDCIZC100102AA.DOC METES AND BOUNDS AREA C TRACT 1.1 476 acres, more or less, out of a 1,260.57 acre tract, more or less, located south of and adjacent to the Nueces-Kleberg county line and being a part of the Jose Maria Tovar Subdivision of record in Volume 2, Pages 82 and 83, Kleberg County, Texas map records, said 476 acre tract, now or formerly owned by Lawrence R. Jones, Jr. et al, is located south of an adjacent to the Nueces-KIeberg county line and east of and adjacent to Park Road 22 and more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the Nueces-Kleberg county line and the centerline of Park Road 22, for the north corner of this tract; THENCE, south 4sterly along the Nueces-Kleberg county line, 1,850 feet, more or less, to a point on the vegetation line that extends along the Gulf of Mexico side of Padre Island, for the east comer of this tract; THENCE, southwesterly along said vegetation line which is approximately 200 feet west of and generally parallel to the shoreline of the Gulf of Mexico side of Padre Island, 7,843 feet, more or less, to a point on the southwest boundary line of said 1,260.57 acres, for the south comer of this tract; THENCE, northwesterly along the southwest boundary line of said 1,260.57 acre tract, 4,320 feet, more or less, to a point on the centerline of Park Road 22, for the west comer of this tract; THENCE, northeasterly along the centerline of said Park Road 22, its curves and its angles, a total linear distance of 6,798 feet, more or less, to a point on the Nueces- Kleberg county line, for the POINT OF BEGINNING_ H:1PLN-D1R\ERMA1WORDVM&BIAREAC'TRACTI.1. DOC EXHIBIT A METES AND BOUNDS AREA C TRACT 1.2 754 acres, more or less, out of a 1,260.57 acre that, more or less, located south of and adjacent to the Nueces-Kleberg county line, and being a part of the Jose Maria Tovar Subdivision of record in Volume 2, Pages 82 and 83, Kleberg County, Texas, map records, said 754 acre tract, now or formerly owned by Lawrence R. Jones, et al, is Iocated south of and adjacent to the Nueces-Kleberg county line and between Park Road 22 and the Laguna Madre and more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the Nueces-Kleberg county Iine and the centerline of Park Road 22, for the east comer of the tract here -in described; THENCE, southwesterly along the centerline of said Park Road 22, its curves and its angles, a total linear distance of 6,798 feet, more or less, to a point on the southwest boundary line of said 1,260.57, for the south comer of this tract; THENCE, northwesterly along the southwest boundary line of said 1,260.57 acre tract, as follows; N 46° 12' 57" W, A distance of 487.05 feet, more or less; N 390 59' 21" W, A distance of 811.42 feet, more or less; N 87° 51' 25" W, A distance 551.75 feet, more or less N 610 15' 12" W, A distance of 2,937.08 feet, more or less; THENCE, North 61° 14' 42" West continuing along the southwest boundary line of said 1,260.57 acre tract, 974.38 feet, more or less, to a point on the shoreline of the Laguna Madre, the present city limit line established by Ordinance No. 10007, dated November 18, 1970, for the west comer of this tract; THENCE, Northeasterly along said shoreline and the present city limit line as follows; N 48° 17' 33" E, A distance of 721.82 feet, more or less; N 33° 16' 49" E, a distance of 614.94 feet, more or less; N 38° 06' 16" E, A distance of 671.21 feet, more or less; N 45047' 20" E, A distance of 206.28 feet, more or less; N 64° 57' 01" E, A distance of 344.90 feet, more or less; 5 810 08' 24" E, A distance of 139.73 feet, more or less; THENCE, North 25° 34' 09" East continuing along said present city limit line, 899.61 feet, more or less, to a point on the Nueces-Kleberg county line, for a corner in the present city limit line, and an outside comer of this tract; EXHIBIT B Metes and Bounds Area C, Tract 1.2 Page 2 THENCE, North 72° 19' 32" East along the Nueces-Kleberg county line, the present city limit line, 1,106.23 feet, more or less, to a point, for an inside comer of this tract; THENCE, North 73° 48' 14" East continuing along the Nueces-Kleberg county line, the present city limit line, 1,890.78 feet, more or less, to a point, for a corner in the Nueces- Kleberg county line and the north corner of this tract; THENCE, South 69° 56' 35" East continuing along the Nueces-Kleberg county line, the present city limit line 4,638 feet, more or less, to a point on the centerline of Park Road 22, for the POINT OF BEGINNING. H:1PL.N-DIRIERMA\WORDIM &$1A REACTRACTI.2.DOC EXHIBIT B METES AND BOUNDS AREA C TRACT 2 52 acres, more or less, out of an 18.07 acre tract located east and adjacent to Park Road 22 and north of and adjacent to the Nueces-Kleberg county line, described in Document No- 840580, Nueces County, Texas plat records and out of a 37 acre tract, more or less, locatedeast of and adjacent to Park Road 22 and north of and adjacent to said 18.07 acre tract, described in Document No 1998050703, Nueces County, Texas, plat records, said 52 acres, more or less, more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the east right-of-way line of Park Road 22 (South Padre Island Drive) and the Nueces-Kleberg county line, for a corner in the present city limit line established by Ordinance No. 016752, dated November 18, 1981, and the west comer of the tract here -in described; THENCE, northeasterly along the east right-of-way of Park Road 22, the present city limit line, its curves and its angles, a linear distance of 1,121 feet, more or less, to a. point on the south boundary line of Nueces County Park No. 1, for the north comer of said 37 acres and the north corner of this tract; THENCE, southeasterly along the south boundary line of Nueces County Park No. 1 the northeast boundary line of said 37 acre tract, 2,048 feet, more or less, to a point on the vegetation line that extends along the Gulf of Mexico side of Padre Island, for the east comer of this tract; THENCE, southwesterly along said vegetation line, approximately 150 feet west of and generally parallel to the shoreline of the Gulf of Mexico side of Padre Island, a linear distance of 1,121 feet, mor or less, to a point on the Nueces-Kleberg county line for the south corner oft his tract; THENCE, northwesterly along said Nueces-Kleberg county line, 2,048 feet, more or less, to a point on the east right-of-way line of Park Road 22, for the point of beginning. H:1I' LN-DIRIERMA\WORD\M&BIAREACTRACT2. DOC EXHIBIT C z w w xecutrve ' ousin • _c2 AL+ W E io LL U D U C C U 0 .a o E O �_ O O .0 O N N r: ti U a n C V3 N Q3 co 0 .0 0 0 ca 5 U r Q Z© (J n -ice 1 EXHIBIT D " anned Parkwa -. INTENSITY TABLE Proposed Development Land Use Total Acres Residential Non -Residential Residential Density* Dwellings/ Hotel Rooms F.A.R.** Square Footage (1,000s Executive Housing' 130 1.5 195 d.u.s Village Residences2 70 14 980 d.u.s Condominiums 40 40 480 d.u.s Research/Office/Commercial 80 0.22 767 Resort/Conference 45 1,500 rooms 1 150 Neighborhood Com 6 0.1 26 Village Commercial/Services3 30 3 90 d.u.s 0.7 523 2, 18 -hole Goff Courses 300 Other Open Space/Recreation *** 559 Total 1,260 1,745 d.u.s 1,500 rooms 1,46• * Residential density measured in dwelling units (d.u.$) per acre. * * F.A.R. — Floor Area Ratio (square foot of floor area per square foot of site area). * * * Includes marina / open and enclosed amusements 11CITYHALLO2 USERSWLN-DI RIGRMAIWORDIM&BIAREACINTENSITYTAB LE.DOC ' Executive Housing — single-family detached 2 Village Residences — single-family, attached and/or detached, and multiple -family 3 Village Commercial/Services — may include single-family, attached and/or detached, and multiple -family EXHIBIT E State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5991813 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES NO. 0293 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 3/26/2012, 3/26/2012. $ 233.52 1Time(s) On this `"I' day of is a true and an exact copy GWENN 3. MEDINA MY COMMISSION EXPIRES August 2, 2012 LEGA SALES REPRESENTIVE ade by p certify that the attached document blisher. Not Pu 'lic, State of Texas -4E. 1Vlarch 26 2012 » CALLER TIMES Callerc( A Legal Notices 1110 --.....-.----- NOTICE O PASSAGE OF -ORDINANCES. NO. 029392; Amend- lrig the Unified Devel oprnent Code (UDC) upon application by. Owner,, Bettie L. Barr,. by; changing the, UDC' toning map In refer ence to Don Patridio ubdivision, Pock S, Jrots 23-30 from the "CG -2 General Com- rliercial Liistrict to the ''CG-2/SP" General ,Commercial District :Wit1114 Special Rermit- ariil .i, sect to fIVe. 5)' cf}ir1'dltjons, N 19.393, Amending;: th'e Ut7C, upon apply cation. by Owner, Yorktown• Oso Joint Venture, by changing the UDC zoning map inreference .to 7 566; acres out .of' Section', 25, Lot 29 Flour Bluff aritl Bnolnal Farm and ;,Garden Tracts; from the: "F`R Farm Rural District to:the `.Siri9le-fami- !y 4'5 District; NO. • Q29394, Amending the UDC, upon apply cation by "Owner, Vishal Hotel; LP; by ohanging the UDC zoning map in refer- erica to Byron. Willis Subdrvrsion,. Block ? A, ,Lot J, from the, I i,ght<IrHk S:0,1411 DJstrict to the "CG 2" .xeneral Commercial D strict 'an'd "f'$0 029395, Amending:; Zoning ©rdrnance:: if 4699 upon"app l Gation by Vista el: Mar Irrigation: Com=. any;; by ed.cJing a . No (2-} year ii,rrre efr� terlsigp to the Speal° l ,err jt to m previous y apsrWv ci, :alrJend; lFtg°th'e Comprdh`en, sive ,Plan tg account; for any deviations from :,the exjstrng ; Comprefienslve PIan These ord ' was.; :passed& ap6.roved y the Corpus'Christi MaCity.; rch 20, 'Cou201rt.c2.il on Is/ Armando Chapa Gity Secretary