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Home My WebLink About029761 ORD - 03/19/2013Ordinance amending the Unified Development Code ( "UDC ") by revising subsections 8.1.10. and 8.1.11. relating to the designation of authority under Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Financial Security and Technical Compliance; providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding this amendment of the Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 13, 2013, during a meeting of the Planning Commission, and on Tuesday, February 26, 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 8.1, subsection 8.1.10. of the Unified Development Code ( "UDC "), entitled "Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Financial Security" and subsection 8.1.11. of the UDC, entitled "Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Technical Compliance," are amended by revising the text of both sections to read as follows: "Article 8. Subdivision Design and Improvements "8.1. General Provisions "8.1.1. Authority "8.1.10. Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Financial Security The Assistant City Manager shall have discretionary authority to approve subdivision plats for recordation prior to completion of improvements required by this Article under the following conditions: "8.1.1.0.A. * 029761 Page 1 of 5 INDEXED "8.1.10.B. Upon written application by the developer, and- , the City Council Assistant City Manager may determine reasonable cause exists to delay the required improvements for plat recordation provided that the following conditions are met: • • - - . 1. The developer has posted a developer guarantee . as described in Section 3.30 for the construction of the improvements to ensure completion of the project. The financial security shall be in the amount of 110% of the cost of the delayed public improvements as estimated by developer's engineer and accepted by the Assistant City Manager of Development Services; shall be in a form and pursuant to an agreement approved by the City Attorney and the Finance Director; and shall be posted prior to the recording of the plat. 2. Water and sewer service are available to serve the subdivision. 3. The developer has executed a-n-a standard form agreement with the City that provides at a minimum the following: a. The developer shall construct the improvements in accordance with the engineering standards in effect at the time of construction; b. All other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, or special covenants have been completed; c. The financial security shall be applied to construction of the required improvements and that any remaining funds shall be returned to the developer upon completion of the improvements d. If the financial security proves inadequate to complete the improvements, the developer shall reimburse the City for the additional cost of the improvements; Page 2of5 e. The improvements must be fully completed within a maximum of five years or a lesser time as determined by the City Council Assistant City Manager; f. An increase in security may be required -on an annual basis if the developer's engineer /or the City determines that the financial security does not provide for 110% of the estimated constructions costs; g. The City may accelerate payment or performance or require additional financial security when the City deems itself insecure as to the prospect of payment or performance on a demonstrated reasonable basis; h. The developer shall construct the required improvements and such covenant shall be included in the agreement as a covenant running with the land; and i. The City, at developer's expense, shall file for record such agreement in the records of the county in which the property is located 4. Any deviations from the approved standard form agreement will require a recommendation from the Planning Commission and approval by the City Council. "8.1.10.C. Upon application by a governmental entity or political subdivision to the Assistant City Manager —of 1!3evelopmeat ea verifying that a construction contract has been awarded which provides for construction of the required public improvements for water, sewer, streets and drainage as set forth on plans previously approved by the City, an–a standard form agreement may be approved by the City Council Assistant City Manager for such governmental entity or political subdivision on the same basis as provided above without requiring a cash bond or financial security. "8.1.11. Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Technical Compliance Page 3 of 5 A plat may be recorded prior to completion of all required infrastructure if the following improvements are completed as determined by the Assistant City Manager Service,: SECTION 2. 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. SECTION 3. 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 4. 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 foregoing Qrdinance ws rd for the first time and passed to its second reading on this the p ay of 1 , , 20.13, by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 4 of 5 The foregoinp, r inance was. �r �dn for the sepond time and passed finally on this the 1 day of IV( ar , 2013, by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 197-Iday of i/KaVC/k) , 2013. Nelda Martinez Mayor 029761 Page 5 of 5 .0g M NANCE. DEPART Mf`,l-r' PUBLISHER'S AFFIDAVIT 13 APR 23 AM 8: t 1 State of Texas . CITY OF CORPUS CHRISTI Count of Nueces } Ad # 171815 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 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 pub- lication 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 CC- Internet - caller.com On this � day of copy made by publisher. SYLVIA P. t EBEZ MY COMMISSION EXPIRES FeblVaty 27,2017 03/25/13 Mon 03/25/13 Mon LEGAL SALES RESENTATIVE 20 3 I certify that the attached document is a true and exact N tart' Public, State of Texas 4E 1 March 25, 2013) CALLER -TIMES Legals NOTICE: OF PASSAGE OF ORDINANCE(S) NO. 029761, Ordinance amending the Unified Devel- opment Code (UDC ") by revising subsections 8.1.10. and 8.1.11. relating to the . designation of authority under. Requirements for Plat Recordation Prior to Final Acceptance of Infrastruc- ture improvements Based on Financial Security and. Technical Compliance; Pro- viding for severance, pen- alties, -and °publication NO. 029765, , Ordinance amend -. ing Articles 1 and 8 of the unified Development Code relating to design standards, criteria, and requirements for street .:design, requir- ing'.comppliance with design standards issued by the City Engineer; requiring street design for a 30 -year life level of service; and provid- ing for severance, penalties, and publication; NO. 029770. Ordinance amending the Unified Development Code by revising subsections 3.1.7.C.1 and 3.1,7.C.4 - pub- lic notice requirements, sub- section 3.3.3.0 City Council final, action on rezonmgs, section 3.6 -special permits, subsection 3.18.4 - building permit expiration, subsec- tion 3.24.1- applicability of . administrative adjustments, table 4.4.3.A - setbacks in two-family and townhouse zoning districts, table 4.4.3.8 -- setbacks in mul- tifamily zoning districts, table 4.5.2 - permitted uses in : commercial zoning dis- tricts, table 5.1.4.1- Vehicles sales and services :.uses, subsection 5.3.1.1 - acces- sory uses and structures, subsection 5.4.3.G - banners for temporary promotional events, subsection 7.5.13.E - institutional signs, and sub - section 7.5.20.D - temporary and portable signs allowed in nonresidential districts; and providing for sever- ance, penalties, and publi- cation. These ordinances were passed and approved on March 19, 2013. /s/ Armando Chapa City Secretary