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HomeMy WebLinkAbout029727 ORD - 01/22/2013Ordinance amending the Unified Development Code ( "UDC ") by revising subsections 8.3.6 relating to fee in lieu of land and 8.3.8 relating to park development improvements; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding this amendment of the Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 5, 2012, during a meeting of the Planning Commission, and on Tuesday, January 8, 2013, 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 to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 8, Section 8.3, subsection 8.3.6 of the Unified Development Code ( "UDC "), entitled "Fee in Lieu of Land," is amended by revising the text to read as follows: "Article 8. Subdivision Design and Improvements "8.3. Public Open Space "8.3.6. Fee in Lieu of Land "A. The City may require a fee in lieu of land dedication. Such payment in lieu of land shall be made at or prior to the time of filing the final plat or prior to the issuance of a building permit where a plat is not required. "B. * * * "C. If the City accepts the fee in lieu of land, the fees shall be placed in the City's Community Enrichment Fund and shall be used for the acquisition or improvement of UDC Proposed Text Amdmt Park Land Dedication vFinal 029727 INDEXED neighborhood, community, and/or regional parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than one and A1e half five miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility, including freeways, navigable streams and bodies of water. "D. *„ SECTION 2. Article 8, Section 8.3, subsection 8.3.8 of the UDC, entitled "Park Development Improvements," is amended by revising the text to read as follows: "Article 8. Subdivision Design and Improvements "8.3. Public Open Space "8.3.8. Park Development Improvements "A developer may propose to construct the public park improvements in lieu of the park development fees described in Subsection 8.3.6 or 8.3.7. Before the City can approve the developer's proposal, a recommendation is required from the Parks and Recreation nrtvicory Committee Department. All improvements either shall be financially guaranteed or accepted by the City prior to the filing of a final plat in the case of platted developments or prior to issuance of certificates of occupancy in the event that plat approval is not required. The process of financial guarantee shall be the same as that found in Subsection 8.1.10 and shall be used whether a plat approval is required or not. Once improvements are accepted by the City, the developer shall deed the property and improvements to the City." SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. UDC Proposed Text Amdmt Park Land Dedication vFinal Page 2 of 3 SECTION 4. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 5. 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. The forego] this the ordinance was read for the first time and - passed to its second reading on day of , 20 13, by the following vote: LsJ / Chad Magill Nelda Martinez Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal ,�' Mark Scott David Loeb The foregoin i ance was ead fo the second tim nd passed finally on this the c9-d- da�y of A , 20 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the day of ATTEST: Armando Chapa City Secretary UDC Proposed Text Amdmt Park Land Dedication vFinal j,eutAal , 20 L3 Nelda Martinez Mayor 029727 Page 3 of 3 CORPUS CHRISTI Qattri I tits Sales Rep: Felicia Lewis (C91) callercom Phone: (361) 886 -3714 Account Information Date: 01/24/13 Account Number: 172983 (CC18438) Company Name: CITY OF CORPUS CHRISTI Contact Name: Email: lawsong @caller.com Address: PO BOX 9277, CORPUS CHRISTI, TX, 784699277 Phone: (361) 826 -3636 Fax: (000) 000 -0000 Email: LewisF @caller.com This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account rep at Ad Id: 147745 P.D. No.: Total Cost: $144.15 Tag Line: NOTICE OF PASSAGE OF ORDINANCE(S) NO Start Date: 01/28/13 Stop Date; 01/28/13 Number of Xs: 1 Class: 16130 - Legals Publications: CC-Corpus Christi Caller- Times, CC- Internet - caller.com I agree this ad is accurate and as ordered. NOTICE OF PASSAGE OF ORDINANCE(S) NO. 029726, Ordinance amending the Code of Ordi- nances, Chapter 14, "Devel- opment Services," Article 11, "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Tech- nical Construction Codes," Section 14 206 "Technical construction boards" by adding language to modify the authority of each board and revising the frequency of meetings; NO 029727, Ordinance amending the Unified Development Code ( "UDC ") by revising subsec- tions 8.3.6 relating to fee in lieu of land and 8.3.8 relat- ing to park development improvements; and provid- ing for severance, penal- ties, and publication. These ordinances were passed and approved an January 22, 2013. /s/ Armando Chapa City Secretary ,to jakAk_ Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, E. W. Scripps reserves the right to categorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 361- 883 -1111. Allowance may not be made for errors reported past the second print date. The Corpus Christi Caller -Times may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for which the ad did not run.