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Home My WebLink About031540 ORD - 09/18/2018 Ordinance amending the Unified Development Code to remove the floodplain administration regulations; and providing for penalties WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday July 11, 2018, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, September 11, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, these regulations also exist in the Corpus Christi Code of Ordinances Chapter 14, Development Services, Article V, Flood Hazard Prevention Code; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity. 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. UDC Article 1 "General Provisions", section 1.11 "Definitions" subsections 1.11.2 "Abbreviations" and 1.11.3 "Defined Term" are amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 1.11.2. Abbreviations Abbreviation Term FEMA --- ' - -- - —...e:—:. ' e:,.- FIBM --- -- - - :e..e. "-- FIRM to-Map 1.11.3. Defined Terms Areas Of Shallow Flooding: A designated AO, AH, or VO zone on the City's flood - - • -- • - 0. - - - - - -- ------ - --- - - - - -- - - • V/0 or greater chance of flooding in any given year. Tho area may-be-designated as zone A _• -- --- •- - - --- -- • • - - - _ '' . A - -- - - - -• - - - e--- -- - - - in preparation for publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, Al 99, VO, V1 30, VE or V. 031540 • . . - _ • - a _ . . . • _ : . tett - -- subdivision for which the construction of facilities for servicing the lots on which the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management plan. Existing Structure: For the purposes of determining rates, structures for which the start of or before January 1, 1975, for FIRMs effective before that date. Existing—construction-also may be referred to as existing structures. teethe community. tete • - - - - - • • • .. .e - - - .-e • - 2-••• - - - adjacent land ar as that must be preserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Highest Adjacent Grade: The highest natural elevation of the ground surface prior to Lowest Floor: The lowest floor of the lowest enclosed area, including a basement; provided that, an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access, or storage in an area other than a basement is not considered a regulations- • • - • - - - _ ' _ . _ .• • • • - ' . -•- -- - - - -- - --- • •- • for which the construction of facilities for servicing the lots on which the manufactured Page 2 of 6 Mean Sea Level: For purposes of the National Flood Insurance Program, the National -- - -...- a- -•• , — • - • • - - -- - • - - - -- _ --- - • - •- - • ' - - • - ' - A -- -.e. - •--S. -- •.e. ' -- - - -- - - - • storms. The inland limit of the primary frontal dune occurs at the point where there is a of a structure, the cost of which equals or exceeds 50% of the market value of the structure before start of construction of the improvement. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state conditions; or 2. Any alteration of an historic structure if the alteration will not preclude the SECTION 2. UDC Article 2 "General", is amended by repealing section 2.11 "Floodplain Administrator" in its entirety. SECTION 3. UDC Article 2 "General", Section 2.12 "Summary of Review Authority," is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below. § 2.12. Summary of Review Authority The following table summarizes the powers and duties established in this Article. N To 5 To i3 U y fiOU D O Q C al O V ,:_i:3 +-+ Y �Vl N 'jp C +• U 1= E -O -O in c E V N U C V1 IC . y U C N C {' C 1= .D tC c .2, >, Procedure 5 0 '-• (13 u, co a) m o z o o IF � o �. < m Qoa quo � o mm m < EL) o F or Action Ficedi3lain-permit D !_22! Building Official Action Page 3 of 6 Building Permit I D 3.18 Certificate of Occupancy D Sign Permit for Construction Only D 3.20 Temporary Use Permit D 3.21 Assistant Director for Planning Annually Renewable Sign Permit D Assistant City Manager of Development Services Action Beachfront Construction D*/R 3.14 Certificate Site Plan D 3.17 Written Interpretation D 3.23 Administrative Adjustment D 3.24 Landmark Commission Action Certificate of Appropriateness R D 3.15 Certificate of Appropriateness for R DIP 3.16 Demolition Floodplain-Variance R DiP 3.26 Board of Adjustment Action Special Use Exception D/P 3.12 Variance R D/P 3.25 Appeal of Administrative Decision D/P 3.27 Planning Commission Action Preliminary Plat D 3.8 Final Plat D 3.8 Replat Without Vacation D 3.11 Dune Protection Permit** R D 3.13 Beachfront Construction D D 3.14 Certificate** City Council Action Unified Development Code Text R 3.2 R/P D/P Amendment Zoning Map Amendment R/P 3 3 (Rezoning) R **, H R/P D/P Historic Overlay District or R R/P RIP D/P 3.4 Landmark Designation Planned Unit Development R/P D/P 3.5 Special Permit R/P D/P 3.6 R = Review or Recommendation D = Decision P = Public Hearing Required D*= Provided standards in 3.14.3 are met **= Planning Commission acts as Beach/Dune Committee for Kleberg County beach areas *** H For property with a current or proposed Historic Overlay zoning district or Landmark designation Note: Nueces County has authority to approve Dune Permits in Nueces County. Corpus Christi has the authority to approve Dune Permits in Kleberg County. SECTION 4. UDC Article 3 "Development Review Procedures", is amended by repealing section 3.22 "Floodplain Permit" and section 3.26 "Floodplain Variance" in its entirety. SECTION 5. UDC Article 7 "General Development Standards", is amended by repealing section 7.8 "Floodplain Hazard Reduction" in its entirety. Page 4 of 6 SECTION 6. Corpus Christi Code of Ordinance, Chapter 14, Article V. FLOOD HAZARD PREVENTION CODE as adopted by Ordinance No. 25467 is readopted in its entirety. SECTION 7. 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 8. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 9. 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 10. Effective date. This ordinance takes effect on upon publication. Page 5 of 6 That the foregoing ordinance was read for th first time and passed to its second reading on this the I I'h'` day of �18, by the following vote: Joe McComb Ben Molina ____4___ Rudy Garza L, Everett Roy ____01,g— Paulette Guajardo Lucy Rubio I, . • i e Michael Hunter Greg Smith I Debbie Lindsey-Opel _4___ That th forreg egoing ordin nce was read for the second time and passed finally on this the 1 day of (, 2018, by the following vote: Joe McComb a Ben Molina --4— Rudy Garza Everett Roy _( Paulette Guajardo t.., ' Lucy Rubio Michael Hunter l / Greg Smith _alit_ , _4_ Debbie Lindsey-Opel PASSED AND APPROVED on this the la day •of 1° i ` , !18. ATTEST: Xelg_deo( 1-1-,,,,, . , kaa..„,....e,--- Rebecca Huerta Jo - cComb City Secretary , . or EFFECTIVE DATE Page 6 of 6 + 31 I _'