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HomeMy WebLinkAbout023017 ORD - 07/29/1997AN ORDINANCE AMENDING THE PLATTING ORDINANCE, SECTION HI, PROCEDURE, SECTION V, REQUIRED IMPROVEMENTS, SECTION VII, VARIANCES, AND SECTION XIII, APPEAL, BY ADDING PROCESSING FEES FOR PLAT TIME EXTENSIONS, VARIANCES AND APPEALS AND BY INCREASING APPLICATION FEES, AND WATER AND SEWER LINES DETERMINATION OF EXEMPTION FEES; AND PROVIDING FOR SEVERANCE. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning an amendment to the Platting Ordinance of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, July 9, 1997, during a meeting of the Planning Commission and on Tuesday, July 22, 1997, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that the hereinafter set forth 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 Platting Ordinance of the City of Corpus Christi, Texas, is amended by making the changes hereinafter set out. SECTION 2. That the Platting Ordinance, Section III -Procedure, Subparagraph C is amended to read as follows: C. APPLICATION FEES Application fees shall be based upon the following schedule. The following fees must be paid before an application is accepted for review. Less than 1 acre 1 to 5 acres More than 5 acres Type I or IA $171.00 341.00 554.00 97N112840.214 / 7-3-97 Platting Fees Type II or IIA $512.00 792.00 896.00 Type III or IIIA $48.00 48.00 48.00 Lcss-thair-1 aerc $163.00 $488.00 $4&00 1 to 5 acres 325,00 754.00 46.00 More than 5 acres 528.00 853.00 46.00 SECTION 3. That the Platting Ordinance, Section III -Procedure, Subparagraph H.6. is amended to read as follows: H. FINAL PLAT: 1. - 5. Omitted. 6. If improvements are not in place or construction initiated on said improvements within six (6) months of such plat approval, the final plat will expire. A final plat shall not expire if construction has been initiated and substantial progress continues toward completion of the improvements. Initiation of construction and substantial progress shall be determined within the discretion of the Director of Engineering Services/City Engineer. A determination that a plat has expired as a result of insufficient progress may be appealed to the Planning Commission within thirty (30) days of notification that the plat has expired. An expired plat must be resubmitted to the Planning Department for processing as a new plat. The applicant may submit a written request for a time extension of six (6) months. Such request shall be submitted no later than five (5) working days prior to the last scheduled meeting of the Planning Commission immediately prior to the date of expiration of said plat. The fee for processing such request is Thirty and No/100ths dollars ($30.00). SECTION 4. That the Platting Ordinance, Section V - Required Improvements, Subsection B - Minimum Standards, Subparagraph 5.k) is amended to read as follows: B. MINIMUM STANDARDS 1. - 4. Omitted. 5. WATER LINES a) - j) Omitted. k) No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those 97NH2840.214 / 7-3-97 Platting Fees determined by the City Council to not likely be served by City water services within the next fifteen (15) years. The City Council, with the advice of the Planning Department and the Planning Commission, may make such determination whenever necessary. Any request for a determination of exemption, other than from the Planning Department, Planning Commission, or the City Council, must be submitted in writing to the Planning Department, along with a Sixty and No/100ths dollars ($60.00) $50700 filing fee. The Planning Department shall make its recommendation to the Planning Commission and such request will be scheduled for Planning Commission hearing within sixty (60) days after the filing of such request. Thereafter, the Planning Commission shall make its recommendation to the City Council, which shall make the final determination. The City Council may, at any time, cease to exempt any area previously exempted, and thereafter such fees shall apply. Owners of property for which a water lot or acreage fee has been paid under conditions of Section V, Subsection B, Item 5, of the Platting Ordinance, may receive a refund of their pro -rata portions (based on the total lot acreage) of the lot or acreage fee paid if, after ten (10) years, but not more than twenty (20) years from the date of the filing of the plat, the owners of 50 percent of the property within said final plat petition the City Council for a hearing to determine whether the fees should be refunded. A refund may be made if the City Council finds: (1) - (3) Omitted. SECTION 5. That the Platting Ordinance, Section V - Required Improvements, Subsection B - Minimum Standards, Subparagraph 6.1) is amended to read as follows: B. MINIMUM STANDARDS 1. - 5. Omitted. 6. SEWER LINES a) - k) Omitted. 1) No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those 97NH2840.214 / 7-3-97 Platting Fees determined by the City Council to not likely be served by City wastewater services within the next fifteen (15) years. The City Council, with the advice of the Planning Department and the Planning Commission, may make such determination whenever necessary. Any request for a determination of exemption, other than from the Planning Department, Planning Commission, or the City Council, must be submitted in writing to the Planning Department, along with a Sixty and No/100ths dollars ($60.00) $50.0O filing fee. The Planning Department shall make its recommendation to the Planning Commission and such request will be scheduled for a Planning Commission hearing within sixty (60) days after the filing of such request. Thereafter, the Planning Commission shall make its recommendation to the City Council, which shall make the final determination. The City Council, may at any time, cease to exempt any area previously exempted, and thereafter such fees shall apply. Owners of property for which a sanitary sewer lot or acreage fee has been paid under conditions of Section V, Subsection B, Item 5 of the Platting Ordinance, may receive a refund of their pro -rata portions (based on the total lot acreage) of the lot or acreage fee paid if, after ten (10) years, but not more than twenty (20) years from the date of the filing of the plat, the owners of 50 percent of the property within said final plat petition the City Council for a hearing to determine whether the fees should be refunded. A refund may be made if the City Council finds: (1) - (3) Omitted. SECTION 6. That the Platting Ordinance, Section VII - Variances, Subsection A - Hardship is amended to read as follows: A. HARDSHIP. Where the Planning Commission finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variation will not have the effect of nullifying the intent and purpose of the General Community Plan or these regulations. Such variances and modifications, as may be granted under this section, shall be by at least a three- fourths (3/4) majority of the Planning Commission present. A request for a variance must be submitted in writing to the Department of Planning and Development. The fee for processing such request is Fifty and No/100ths ($50.001. 97NH2840.214 / 7-3-97 Platting Fees SECTION 7. That the Platting Ordinance, Section XIII - Appeal is amended to read as follows: SECTION XIII - APPEAL. Any subdivider contesting any disapproval and/or the interpretation and/or application of any rule, standard, regulation, determination, requirement, or necessity set forth in this Ordinance directly, or by delegation of authority, shall have the right, after filing a written request with the Secretary of the Planning Commission, to have a hearing thereon before the Planning Commission within twenty-one (21) days after the date of filing of such request. Any subdivider not satisfied with the ruling of the Planning Commission, shall have the right to appeal such rulings or decisions to the City Council of the City of Corpus Christi by giving written notice to the City Secretary within fifteen (15) days after the final hearing before the Planning Commission. The fee for nrocessing an appeal is Fifty and No/100ths dollars ($50.00). The City Manager may also appeal such rulings or decisions to the City Council in accordance with the same provisions, if the Planning Commission is not in compliance with the Ordinance. SECTION 8. This ordinance to become effective August 1, 1997. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of 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 hereof be given full force and effect for its purpose. 97N1-12840.214 / 7-3-97 Platting Fees That,e foregoing rdinance was read for the first time and passed to its second reading , 1997, by the following vote: on this the j qday of Loyd Neal L Betty Jean Longoria Jaime Capelo(�� }( John Longoria Melody Cooper . Edward A. Martin Alex L. Garcia, Jr. Dr. David McNichols Arnold Gonzales q(' That OiN fh day of e foregoing ordinance was read for the second time and passed finally on this the , 1997, by the following vote: Loyd Neal Jaime Capelo Melody Cooper Alex L. Garcia, Jr. Arnold Gonzales PASSED AND APPROVED, this the ATTEST: Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols ando Chapa, C'Secretary day of , 1997. AYOR THE CITY OF CORPUS C STI APPROVED THIS THE 3RD DAY OF JULY, 1997: JAMES R. BRAY, JR., CITY ATTORNEY By: brbert J. Hart, Ass' 97NH2840.2I4 / 7-3-97 Platting Fees ity Attorney 1S/ State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1490742 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 023017 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on 4TH day(s) of AUGUST. 1997. ONE 1 Time(s) $40.74 g:.\.0 , HARI/ Vice -President and Chief Financial Officer Subscribed and sworn to before me this 5TH lay(s) of AUGUST. 1997. , Send 4 1997 t NOTICE OF ASSAGE Of ORDINANCE 11140. NO. 029017 Amending the Platting Ordi- nance, Section III, Procedure, Section V, Required Impose. menla, Section VII, Varianss. and Section XIII, Appeal, by adding Processing fees for plat time extensions, variation and appeals and by Increasing application fees, and S and sewer lines determination of exemption fees; and provid- ing for severance. TMs ordinance was passed and tip paved by the City Council of tir City of Co s ChrW as 29th day July, 1987_ Ng opus Cbt Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.