HomeMy WebLinkAbout031281 ORD - 10/31/2017 Ordinance amending the Unified Development Code ("UDC"), upon
application by Luxury Spec Homes, Inc. ("Owner"), by changing the
UDC Zoning Map in reference to Blanche Moore School Subdivision,
Lot 2, from the "FR" Farm Rural District to the "RS 4.5/PUD" Single-
Family 4.5 District with a Planned Unit Development Overlay;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application of Luxury Spec Homes, Inc.
("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code
("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held on
Wednesday, September 20, 2017, during a meeting of the Planning Commission. The
Planning Commission recommended approval of the change of zoning from the "FR"
Farm Rural District to the "RS 4.5/PUD" Single-Family 4.5 District with a Planned Unit
Development Overlay, and on Tuesday, October 24, 2017, during a meeting of the City
Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus
Christi and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Upon application made by Luxury Spec Homes, Inc. ("Owner"), the Unified
Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by
changing the zoning on a property described as Blanche Moore School Subdivision, Lot
2, located on the south side of Durant Drive, south of Wooldridge Road, and west of
Cimarron Boulevard (the "Property"), from the "FR" Farm Rural District to the "RS
4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay (Zoning
Map No. 043033), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the
Property, and Exhibit B, which is the Luxury Estates Planned Unit Development (PUD)
Guidelines and Master Site Plan for the Property, are attached to and incorporated in this
ordinance by reference as if fully set out herein in their entireties.
SECTION 2. The Planned Unit Development(PUD)granted in Section 1 of this ordinance
is subject to the Owner meeting the requirements of Exhibit B and the following conditions:
1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall
develop the Property in accordance with The Luxury Estates Planned Unit
Development(PUD) Guidelines and Master Site Plan. The development of the
Property is to consist of 17 single-family lots.
2. Dwelling Units per Acre: The density of dwelling units shall not exceed 6.30
dwelling units per acre.
031281
INDEXED
3. Lot Size: The minimum size of any lot within the development is 4,500 square feet.
4.. Lot Development Standards: All development within the Property shall comply
with the minimum requirements of the "RS-4.5" Single-family 4.5 District with the
exception that the lots that side on Durant Drive shall have a street side yard of not
less than ten (10')feet.
5. Public Right-of-Way: The public right-of-way shall be constructed as identified on
the master site plan. The public right-of-way shall be a minimum of 40 feet in width
and the street cross-section of not less than 28 feet back of curb to back of curb. A
5-foot wide sidewalk shall be constructed along one side of the roadway as shown
on the master site plan.
6. Other Requirements: The Special Permit conditions listed herein do not preclude
compliance with other applicable UDC, Building, and Fire Code Requirements.
7. Time Limit: Construction of the development shall commence within 24 months
from the date this modified Planned Unit Development ordinance is approved by the
City Council.
SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes
made to the UDC by Section 1 of this ordinance.
SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1, 2011, and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect.
SECTION 5. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the
UDC, as it is amended by this ordinance.
SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of
the Property and that are in conflict with this ordinance are hereby expressly repealed.
SECTION 7. Publication shall be made in the City's official publication as required by the
City's Charter.
K:\DevelopmentSvcs\SHARED\ZONING CASES 12017\0917-01 Luxury Spec Homes-PUD\Council Documents\Ordinance 0917-
01_Luxury Spec Homes,Inc..docx
Page 2 of 3
That the foregoing or inI 9cwas r ad for the first time and passed to its second
reading on this the 6(9-day of , 2017, by the following vote:
Joe McComb /W 1 Ben Molina 1 if
Rudy Garza i e Lucy Rubio al,/
Paulette Guajardo it , /1 Greg Smith •'p P
Michael Hunterlii!
ItoCarolyn Vaughn
/
Debbie Lindsey-Opel IN
Thatt fogoing orcin nce was read for the second time and passed finally on this
the day of E W l , 2017, by the following vote:
Joe McComb Ben Molina I,
i 0 i
Rudy Garza ' - Lucy Rubio !./A
Paulette Guajardo tit
Greg Smith
Michael Hunter , i; Carolyn Vaughn I, !
Debbie Lindsey-OpelAtlit,_ I
PASSED AND APPROVED on this the I day y of OND beit___,
, 2017.
ATTEST:
LL-0--,,,,—
la
, 4' /
Rebecca Huerta .z- McComb
or
EFFECTIVE D ' i 0 NG CASES\2017\0917-01 Luxury Spec Homes-PUD\Council Documents\Ordinance_0917-
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CASE: 0917-01 4'4z, W\ 1 1111111.1.
ZONING & NOTICE AREA "',c4,
X 404,
RM-1 Multifamily 1 IL Light Industrial
RM-2 Multifamily 2 IH Heavy Industrial SUBJEC
RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay
ON Professional Office RS-10 Single-Family 10 PROPERT
RM-AT Multifamily AT RS-6 Single-Family 6 1
CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5
CN-2 Neighborhood Commercial RS-TF Two-Family /
CR-1 Resort Commercial RS-16 Single-Family 15 '7
4
CR-2 Resort Commercial vR' Y
CG-1 General Commercial RE Teidenuial Estate
RS-TH Townhouse 1P
CG-2 General Commercial Sp Special Permit ,' HO<‘�
Cl Intensive Commercial RV Recreational Vehicle Park Aon
CBD Downtown Commercial RMH Manufactured Home h'oo /
CR-3 Resort Commercial <-o 04-01 c
FR Farm Rural
H Historic Overlay ct
BP Business Park �,2P p _
Subject Property Owners P. fir• PSO
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with 200'buffer O v in favor S yb
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4 Owners within 200'fisted on X ,vnersnn LOCATION MAP 4 Christi
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MASTER PLAN
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BLANCHE MOORE SCHOOL SUBDIVISION
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LUXURY ESTATES
PLANNED UNIT DEVELOPMENT
Development Description:
Luxury Estates Planned Unit Development is a proposed single-family development. The
developer proposes to construct 17 single-family residential units on a 2.70-acre tract of
land that was previously a public park. The developer intends to develop the property in
a single phase. The requested zoning is from the current "F-R" Farm-Rural District to a
"RS-4.5" Single-family Residential 4.5 District with a Planned Unit Development overlay.
Deviations from the standard regulations are a 5-foot wide sidewalk along one side of the
public roadway, 40-foot wide right-of-way, 10-foot side yard. This development will be an
extension of the single-family residential area to the north.
Location Map:
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Deviation Table:
LUXURY ESTATES SUBDIVISION
"RS-4.5" District Planned Unit
Development Deviation
Minimum 4,500 sq. ft. 4,500 sq. ft. No
Lot Area Lots ave. —5,670 sq. ft.
Density
9.68 units per 6.30 units per acre No
acre
Minimum 45 ft. 45 ft. No
Lot Width
Minimum
Street 20 ft. 20 ft. No
Yard
Minimum
Street 20 ft. 10ft. Yes
Yard
(Corner)
Minimum 5 ft. 5 ft. No
Side Yard
Minimum 5 ft. 5 ft. No
Rear Yard
Minimum
Open 30% 30% No
Space
Maximum 35 ft. 35ft. No
Height
Required
Off-Street 2 spaces/unit 2 space/unit No
Parking
Right-Of-
Way 50 ft. 40 ft. Yes
Width
Pavement 28 ft. 28 ft. No
Width
•
Curb and 6 in. 6 in. No
Gutter
Sidewalks 4 ft. on each side 5 ft. on one side Yes
Drainage 20 ft. with RCP 20 ft. with HDPE pipe Yes
Easement pipe
Luxury Estates Page 2
Amenities Provided:
Speed Hump
5-foot wide sidewalk
Landscaped entrance
Lower speed limit—25 mph
Deviation Requests:
Right-of-Way: Due to the narrowness of the tract of land, providing the typical 50-
foot right-of-way would impact the typical floor plan created by the developer. This
would in turn raise the cost of the homes for sale. The reduced right-of-way will
not impact the actual roadway since it will be the standard 28-foot back-of-curb to
back-of-curb, nor will it impact the placement of the public utilities.
Sidewalk: The ordinance requires a 4-foot wide sidewalk on each side of the
roadway. The developer is requesting a 5-foot wide sidewalk along one side of
the roadway. The 5-foot width provides ample room for people using the sidewalk
to easily pass one another without having to step onto the grass or roadway. Since
the road is slightly longer than a football field (466 feet) and there is no through
traffic, the sidewalk on one side of the roadway will have minimal impact on the
quality of life in this subdivision.
Drainage Easement: The developer will be providing a 20-foot wide drainage
easement as required by the ordinance, but is requesting that an HDPE pipe be
used in lieu of the typical RCP. Staff has allowed the use of HDPE pipe provided
it is not under paved streets and limit the diameter of the pipe. The proposed
HDPE drainage pipe will be located within a 20-foot wide drainage easement within
Lot 8 (see attached Master Plan).
Corner Lot Side Setback: The ordinance requires that when a lot(Lot A) backs up
to lot(Lot B)that has a front yard setback, the side yard of Lot A must equal to the
required front yard of the zoning district. The developer is requesting a deviation
from that requirement. Proposed Lot 1 backs up to the school property which
fronts on Durant Drive and has a 25-foot front yard setback. Therefore by
ordinance, Lot 1 would be required to provide 20-foot setback along both Durant
Drive and Katie Court. The setback is required to reduce any adverse impact the
corner lot may have on the rear lot. Allowing the reduction of the side yard setback
to 10 feet will not affect the school since the building is set back approximately 160
feet. Proposed Lot 17 backs up to a vacant tract of land. If the property develops
with single-family residential, there is a high probability that the lot behind Lot 17
will side on Durant Drive and require only a 10-foot side yard setback. If the
property develops with apartments, as the current owner wishes, the apartment
buildings will be set back at least 60 feet.
Luxury Estates Page 3
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PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 1775613
PO#
Before me,the undersigned, a Notary Public, this day personally came i":11,7. ( a 4-),1O0 , who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE 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 PUBLIC HEARING TO CONSIDER which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 10/08/17 Sun
CC-Internet - caller.com 10/08/17 Sun
•
7�T�,, LEGAL S'ES REPRESENTATIVE
On this I Ur day of CO , 20 (1 I certify that the attached document is a true
and exact copy made by publisher. '
Notar
Lk Q`"�,`'''''�/
b ate ofT xass
fY" f'*v, SYLVIA P PEREZ
.4.is My Notary ID#126819013
'.;tir ;?F Expires February 27,2021
Caller-Times Sunday,October 8,2017 5E
Legals
NOTICE OF PUBLIC HEARING
TO CONSIDER RE-ZONING
APPLICATION(S)IN THE CITY
OF CORPUS CHRISTI
Notice is hereby given that
the Corpus Christi City
Council will conduct a public
hearing on October 24, 2017
during a regular Council
meeting which commences
at 11:30 a.m. in the Council
Chambers, City Hall, 1201
Leopard Street, to con-
sider the following zoning
applications which is/are
on file in the Department
of Development Services.At
said time&place of hearing,
persons&parties interested
may appear before the City
Council:
Case No. 0917-03 Mostagha-
si Investment Trust: From
"RS-6" Single-Family 6 Dis-
trict to the"CN-1"Neighbor-
hood Commercial District.
The property is described
as being Kings Point Unit 6,
Block 1,Lot 1,located on the
north side of Yorktown Bou-
levard, east of Gingerberry
Drive and west of Lorie Bou-
levard.
Case No.0917-01 Luxury Spec
Homes, Inc.: From the "FR"
Farm Rural District to the
"RS-4.5/PUD" Single-Family
4.5 District with a Planned
Unit Development Overlay.
The property is described
as Blanche Moore School
Subdivision, Lot 2, located
on the south side of Durant
Drive, south of Wooldridge
Road,and west of Cimarron
Boulevard.
/s/Rebecca Huerta
City Secretary
r `
.. i
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 1813011
PO#
Before me, the undersigned, a Notary Public,this day personally came Z9-VafiLe, (1 , who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE 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 ORDINANCE(S) NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 11/06/17 Mon
CC-Internet - caller.com 11/06/17 Mon
/c4vth ,
LEGAL SALES REPRESENT IVE
On this I l • day of IAL L" , 20 I/ I certify that the attached document is a true
and exact copy made by publisher.
t
P. P Pi2Azzi
to of Texas
Nory Public,
;:"Y' 'r, SYLVIA P PEREZ f_
W
••i_ My Notary IDM 126819013 --'
*f.... ., Expires February 27,2021
11
0
I
I
8B I MONDAY, NOVEMBER 6, 2017 I CALLER-TIMES
Legals
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 031281, Ordinance
amending the Unified Devel-
opment Code("UDC"), upon
application by Luxury Spec
Homes, Inc. ("Owner"), by
changing the UDC Zoning
Map in reference to Blanche
Moore School Subdivision,
Lot 2, from the "FR" Farm
Rural District to the "RS
4.5/PUD" Single-Family 4.5
District with a Planned Unit
Development Overlay;
NO. 031284, Ordinance
amending the Unified Devel-
opment Code ("UDC"),upon
application by Mostaghasi
Investment Trust("Owner"),
by changing the UDC Zoning
Map in reference to Kings
Point Unit 6, Block 1, Lot 1,
from the"RS-6"Single-Fam-
ily 6 District to the "RS-6/
SP" Single-Family 6 Dis-
trict with a Special Permit;
amending the Comprehen-
sive Plan to account for any
deviations;and providing for
a repealer clause and pub-
lication. These ordinances
were passed and approved
on second reading by the
Corpus Christi City Council
on October 31,2017.
/s/Rebecca Huerta
City Secretary