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
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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
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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.