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HomeMy WebLinkAbout025455 ORD - 08/26/2003AN ORDINANCE AMENDING THE PLATTING PUBLISHED FEES; PRDVIDING FOR PUBLICATION. ORDINANCE BY DELETING THE FOR SEVERANCE; AND PROVIDING WHEREAS, the Planning Comrpission has forwarded to the City Council its reports and recommendations concerning tl~e amendment of the Platting Ordinance of the City of Corpus Christi; WHEREAS, with proper notice August 13, 2003, during a meel August 19, 2003, during a meel Hall, in the City of Corpus Chri., appear and be heard; and WHEREAS, the City Council h; public health, necessity, and cc Christi and its citizens. NOW, THEREFORE, BE IT OF CORPUS CHRISTI, TEXAS: SECTION 1. Section II1.C.1 of Texas, is revised to read as foil "111.C.1. Application fees shall t applications fees, as published Chapter 14, Code of Ordinance review. :o the public, public hearings were held on Wednesday, lng of the Planning Commission, and on Tuesday, lng of the City Council, in the Council Chambers, at City ti, during which all interested persons were allowed to s determined that this amendment would best serve nvenience and the general welfare of the City of Corpus DAINED BY THE CITY COUNCIL OF THE CITY OF :he Platting Ordinance of the City of Corpus Christi, )WS: ,e based upon the following schedule. The .......... ~ plat in the Development Services fee schedule, Article XII, s, must be paid before an application is acceptable for ~ ~ T,,,~ III ~r Ilia ~4e-~-neres $3'4.! nn ~ ¢,~ nn Mere4ham~ $55'!..00 $898-¢~ $48.00 SECTION 2. Section III.H.6 of lhe Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follbws: "III.H.6. If improvements are net in place or construction initiated on said improvements within six (6) months of such plat approval, the final plat will expire. A final plat shall not expire if construction has been initiated and substantial progress continues toward completion of the improvements. Initiation of construction and substantial progress R32837B1.doc 025455 2 shall be determined within the discretion of the Director of Engineering Services/City Engineer. A determination that a plat has expired as a result of insufficient progress may be appealed to the Planning Commission within thirty (30) days of notification that the plat has expired. An expire~t plat must be resubmitted to the Planning Department for processing as a new plat. The applicant may submit a written request for a time extension of six (6) months. Such request shall be submitted no later than five (5) working days prior to the last sc immediately prior to the date of request is fee schedule, Article XII, Chapt~ SECTION 3. Section V.B.5.b) ( Texas, is amended by revising~, "V.B.5.b) Definitions: "V.B.$.b)(1) Lot Fee: The fee r number of lots in the developm~ Services fee schedule, Article "V.B.5.b)(2) Acreage Fee: Th~ acreage in the development, i~ current acrea.qe fee is publishe Chapter 14, Code of Ordinance heduled meeting of the Planning Commission 9xpiration of said plat. The fee for processing such dc!!~rs ($30.00) published in the Development Services ~r 14, Code of Ordinances." ,f the Platting Ordinance of the City of Corpus Christi, ;ubdivisions (1), (2), (4), and (5) to read as follows: .~quired to be paid by the developer based on the ;nt. The current lot fee is published in the Development II, Chapter 14, Code of Ordinances. fee required to be paid by the developer based on the lcluding parks, streets, and drainage dedications. The in the Development Services fee schedule, Article Xll, S. "V.B.$.b)(4) Surcharge: A $~)O-fee to be charged in addition to tap fees for single- family or duplex utility connectiqns to be paid when the tap fee is paid. The current surcharge is published in the Dffvelopment Services fee schedule, Article XII, Chapter 14, Code of Ordinances. "V.B.$.b)(5) Pro-rata: A fee required to be paid by the developer as a front foot charge for the portion of water main frqnting the property that is required for the development, but installed by others. The currrent pro-rata fee is published in the Development Services fee schedule, Article ~:11, Chapter 14, Code of Ordinances." SECTION 4. Section V.B.5.c) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.5.c) Before any unit of a subdivision, or single lot, or tract for which the zoning is other than single-family or duplex use is completed and the final plat signed, the developer will be required to pay to the City of Corpus Christi a lot fee cf $!83.00 or $73! .90 acreage fee-per-ac~e, whichever is greater. If the subdivision is zoned for single-family or duplex use, the developer fee-shall pay the applicable lot or acreage fee fro sinqle-family or duplex use Lc $9! 90 '-"- ~'-* c- ¢~A nn · ,. ............. p=r ocr=, whichever is R32837Bl.doc 3 greater, plus a surcharge..~. *~' t3p ~ ~ ...... ;~,., .... ~. ~,,, .... ,4 ~, ,.;,,.,~,. ~...-.a .... ,4, ,.,~ ...... cn!y This surcharge will apply to all property, new or existing, when a service tap is applied for. All lot and/or acreage fees and i~ro-rata fees will be paid to the Department of Public Utilities prior to the subdivision plat being released for filing by the City. Surcharges and tap fees will be paid to the Department of Public Utilities concurrently with the tap application for water service on applicable regardless of whethe limits, except as provided in (k) properties, will only be provided in City Code, Sections 55-110 SECTION 6. Section V.B.5.e)(; Texas, is revised to read as foil, "V.B.$.e)(2) Pro-rata fees for fees will be deposited into the E distribution mains, constructing oversizing and constructing dist ndividually platted 1ors/properties. These fees shall be ' the properties are located inside or outside the city below. Water service for outside the city limits in accordance with present City water policy as set forth ~rough 55-119." ~)w(~f: the Platting Ordinance of the City of Corpus Christi, ;tribution mains and twenty-five percent of the surcharge istribution Mains Trust Fund for use in oversizing distribution mains, and reimbursing developers for 'ibution mains off-site. "Prior to the adoption of the Cit'~'s annual budget, all A,-fees and charges will be indexed to the .~.ugust Construclion Index published in the Engineering News Record- and .~, ....... ~. ............. ,, .... "The Tap Fee Ordinance (City Code, Section 55-70) separately establishes the applicable tap fee rates for installation of meters on service lines." SECTION 7. Section V.B.5.f)(2~(ii)(ii.2) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.$.f)(2)(ii)(ii.2) Such application for reimbursement is approved by the City Council. "Such reimbursement shall onlybe made when monies are fully available in and appropriated from the DistributiOn Mains Trust Fund. The order of reimbursement will be determined according to the date the plat is filed for record with the County Clerk. In instances where properties are adjacent to a distribution main installed by others, a front foot pro-rata fee eha~per foot will be charged for that portion of the main fronting the property, to be paid when the property is developed." SECTION 8. Section V.B.5.i)(Si)(i) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.5.i)(5)(i) Subdivider records an election to pay an additional water tap fee ef- ?.~0.00 published in the Develppment Services fee schedule1 Article XII, Chapter 14, Code of Ordinances with respect to each lot which has an area in excess of one acre or less and with respect to each 10t which has an area in excess of one acre, subdivider R32837Bl.doc 4 shall pay an amount equal to the sum cf $~.SO.OO the PIIC lot fee published in the Development Services fee scheCule, Article XlI, Chapter 14, Code of Ordinances, plus an additional amount for each a~;re, or fraction thereof, that such lot exceeds one acre, calculated at the rate cf $! ,200.00 per acre published in the Development Services fee schedule, Article XlI, Chapter lz~, Code of Ordinances, in lieu of lot/acreage fees, such sums being deposited into the Grid and Arterial Transmission Mains Trust Fund (75%) and the Distribution Mains Trustl Fund (25%) for use as provided for in Subparagraph 5.e);" SECTION 9. Section V.B.5.k) c Texas, is revised to read as folk "V.B.5.k) No lot or acreage fee within an area exempted by the exempted areas shall be those. City water services within the n~ of the Planning Department an¢ determination whenever neces.~ other than from the Planning DE must be submitted in writing to t .Nc/!OOth~ '~"""'~/~n nm filinc schedule, Article Xll, Chapter 1, make its recommendation to th{ scheduled for Planning Commi., such request. Thereafter, the F the City Council, which shall mE the Platting Ordinance of the City of Corpus Christi, ~WS: nust be paid if such land for which the fees are paid lies City Council from the payment of such fees. Such ~etermined by the City Council to not likely be served by ~xt fifteen (15) years. The City Council, with the advice the Planning Commission, may make such ary. Any request for a determination of exemption, partment, Planning Commission, or the City Council, he Planning Department, along with the c Si~y fee published in the Development Services fee ~, Code of Ordinances. The Planning Department shall ~ Planning Commission and such request will be sion hearing within sixty (60) days after the filing of lanning Commission shall make its recommendation to ke the final determination. The City Council may, at any time, cease to exempt any are~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., Subse~.tion B, Item 5, of the Platting Ordinance, may receive a refund of their pro-rata port ons!(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:" SECTION 10. Section V.B.6.b) of the Platting Ordinance of the City of Corpus Christi, Texas, is amended by revising Subdivisions (1), (2), (4), and (10) to read as follows: "V.B.6.b) Definitions: "V.B.6.b)(1) Lot Fee: The fee required to be paid by the developer based on the number of lots in the development. The current lot fee is published in the Development Services fee schedule, Article XII, Chapter 14, Code of Ordinances. "V.B.6.b)(2) Acreage Fee: The fee required to be paid by the developer based on the acreage in the development, including parks, streets, and drainage dedications. The R32837B1.doc 5 current acreage fee is published in the Development Services fee schedule, Article XII, Chapter 14, Code of Ordinances. "V.B.6.b)(4) Surcharge: A $123!.00 charge to be added to sanitary sewer tap fees to be paid when the sanitary sewer tap fee is paid. The current surcharge is published in the Development Services fee sche~lule, Article Xll, Chapter 14, Code of Ordinances. "V.B.6.b)(10) Pro-Rata Fee: A' charge for the use of a sanitary developed, but which was instal the Development Services fee., SECTION 1~. Section V.B.6.c) Texas, is revised to read as folh "V.B.6.c) Before any unit of a s~ final plat signed, the developer' fee ~o r~-3-1~ surcharge of $123.00 per lot wil lot. This surcharge will apply to service tap is applied for. All Io' the Department of Public Utilitie the City. Surcharges and tap fE concurrently with the tap applic; lots/properties. These fees sha inside or outside the city limits, ee required to be paid by the developer as a front foot sewer which serves property being platted or ed by others. The current pro-rata fee is published in chedule, Article XII, Chapter 14, Code of Ordinances." of the Platting Ordinance of the City of Corpus Christi, )WS: ~bdivision, single lot, or tract which is completed and the viii be required to pay to the City of Corpus Christi a Io._Lt ~ acreage fee, whichever is greater. A be charged in addition to the tap fee for service to each all property, new or existing, when a sanitary sewer and/or acreage fees and pro-rata fees will be paid to s prior to the subdivision plat being released for filing by es will be paid to the Department of Public Utilities ~tion for sanitary sewer service on individually platted [I apply regardless of whether the properties are located except as provided in e)(1) below." SECTION 12. Section V.B.6.e)[2) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.6.e)(2) Pro-rata fees for collection lines and twenty-five percent of the surcharge fees will be deposited into the Collection Line Trust Fund for use in oversizing collection lines, constructing collection lines, and reimbursing developers for oversizing and constructing collection lines off~site. "Prior to the adoption of the City's annual budget, all All fees and charges will be indexed to the ^ ...... , r. - · ...~ .... onstrucbon Index published in the Engineering News Record- "The Tap Fee Ordinance (City Code, Section 55-70, et seq.) separately established the applicable tap fee rates." R32837B1.doc SECTION 12. Section V.B.6.f)(2)(ii)(ii.2) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.6.f~(2)(ii)(ii.2) Such applica~tion for reimbursement is approved by the City Council. "Such reimbursement shall onl~ appropriated from the Collectior determined according to the da1 instances where properties are foot pro-rata fee charge cf $~.2! fronting the property, to be paid funds from the Collection Line 'I subsequent final plats filed with to the boundaries of the prelimi~ will be served by the sanitary sE given, but will not be served by the outstanding amounts owne( the total amount owed has bee~ ' be made when monies are fully available in and Line Trust Fund. The order of reimbursement will be e the plat is filed for record with the County Clerk. In adjacent to a collection line installed by others, a front ) per foot will be charged for that portion of the line when the property is platted. If a developer is owed rust Fund, subsequent lot/acreage fee credits from the County Clerk, which lands are within or contiguous ~ary plat of the originally developed property and which wer collection line for which the original credit was any trunk or collection line extension, may be credited to to the developer by the Collection Line Trust Fund until paid regardless of the order of reimbursement." SECTION 13. Section V.B.6.1) ~f the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as foll?ws: "V.B.6.1) 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 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 the ~_._.~;"* .... ~.,~'~ .................. , ...... , flhng fee pubhshed in the Development Services fee schedule, Article XII, Chapter 1~, Code of Ordinances. 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:" SECTION 14. Section VI.D of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: R32837B1.doc 7 "VI.D. PROCEDURE FOR PLATTING OF SINGLE LOTS IN DEVELOPED AREAS BY THE DEPARTMENT OF ENGINEERING SERVICES. "The Director of Engineering SerVices/City Engineer of the City shall have the power and may declare and grant an e~xception to the formal platting provisions of this ordinance when an owner of property has no recorded plat, approving the area as a lot, upon which it is proposed to cor qualifying under the provisions hereinafter set forth. "No permit(s) shall be issued by Department of Inspections and signed by the Chairman of the F of Nueces County, Texas. Aph the owner presents the recorde, Building Official from which a re Engineering Services/City Engi~ pays a-the fee cf $50.00 publist XII, Chapter 14, Code of Ordin~ struct additional improvements provided such owner ,f this section, complies with all of the requirements the Building Official or the Building Division of the :)perations until a plat of the property, to be improved, is 'lanning Commission and recorded by the County Clerk ~t shall be prepared upon request of the owner only after ~ deed or field notes of a survey of said property to the ;]istered engineer or surveyor of the Department of ~eer will prepare the required plat for such owner, and ed in the Development Services fee schedule, Article nces." SECTION 15. Section VI.D.7 olthe Platting Ordinance of the City of Corpus Christi, Texas is revised to read as follows: "VI.D.7. That the applicant sigr~ a request for such platting and pay a-the fee cf dc!lore ($50.00) published in th~ Development Services fee schedule, Article XII, Chapter 14, Code of Ordinance~s to the Building Official to defray the cost of preparation and filing of such plat;" SECTION 16. Section VI.D.8 olthe Platting Ordinance of the City of Corpus Christi, Texas is revised to read as follows: "VI.D.8. The fifty dc!!=rc ($59.99) sh=!! fee may be refunded if it is determined by an engineer or surveyor of the Del~rtment of Engineering Services/City Engineer that such property will not close according to information submitted by the applicant. "The applicant shall be required to ask for a variance from the Board of Adjustment if it is found the lot does not meet the minimum requirements of the Zoning Ordinance and such variance shall be granted before such plat can be considered by the Planning Commission. If, for any reason, the applicant refuses to sign such plat after being prepared by the Department of Engineering Services/City Engineer such unapproved ~;~,, ~.-,H.-.,,- /~n nn~ fee plat shall be returned to the applicant, but, in no case shall the ...., ....... ~ ......, be refunded. Permits sought by the applicant will not be issued unless, or until, said plat signed by the applicant is approved by the Planning Commission, signed by the Chairman and the Secretary, and recorded in the records of the County Clerk of Nueces County, Texas." SECTION 17. Section VII.A of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: R32837B1.doc 8 "VII.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 jqstice may be done and the public interest secured, provided that such variation will Inot 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 C submitted in writing to the Depa processing such request is F!~.' Development Services fee sche SECTION 18. Section Xlll of th Texas, is revised to read as foll~ "SECTION XlII - APPEAL. An~ interpretation and/or application requirement, or necessity set fo authority, shall have the right, a Planning Commission, to have; within twenty-one (21) days aft. satisfied with the ruling of the P rulings or decisions to the City ( notice to the City Secretary with Planning Commission. The fee ($50.00) published in the Devel Code of Ordinances. The City I the City Council in accordance' not in compliance with the Ordi~ SECTION 19. That the Platting approved on the 23rd day of Ma time to time, except as change( this date, remains in full force a ~mmission present. A request for a variance must be .tment of Planning and Development. The fee for ....~ ~.,..~ nn*~.~ .~,,...o/~n nn~ published in the :tule, Article XII, Chapter 14, Code of Ordinances." Platting Ordinance of the City of Corpus Christi, )WS ~ subdivider contesting any disapproval and/or the of any rule, standard, regulation, determination, -th in this Ordinance directly, or by delegation of ter filing a written request with the Secretary of the i hearing thereon before the Planning Commission ;r the date of filing of such request. Any subdivider not anning Commission, shall have the right to appeal such ;ouncil of the City of Corpus Christi by giving written in fifteen (15) days after the final hearing before the for processing an appeal is Fifty cr.d Nc/!OOths dc!!crs )pment Services fee schedule, Article XII, Chapter 14, /lanager may also appeal such rulings or decisions to vith the same provisions, if the Planning Commission is lance." Ordinance of the City of Corpus Christi, Texas, 'ch, 1955, as Ordinance 4168, and as amended from by this ordinance and any other ordinances adopted on 3d effect. SECTION 20. That to the exter~t that this amendment to the Platting Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Platting Ordinance, as amended by this ordinance. SECTION 21. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 22. 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 a court of competent jurisdiction, it shall 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 hereof be given full force and effect for its purpose. R32837Bl.doc 9 SECTION 23. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Ciharter of the City of Corpus Christi. R32837Bl.doc That the foregoing ord. i~ce was read f~r the first time, and passed to its second reading on this theI ~' day of '~j~ ~_~-{ 2003, by the following vote: Samuel L. Neal, Jr. ~ Bill Kelly Brent Chesney ~'~ Rex A. Kinnison Javier D. Colmenero ~-'~ Jesse Noyola Melody Cooper ~ Mark Scott Henry Garrett s~-~ That~l~.gregoing or~an(~e w~ ad for the second time and passed finally on this the'Z~_ day of -~ b~. ~.~.\ , 2003 by the following vote: Samuel L. Neal, Jr. L.~L~2~ Bill Kelly (~-~ J~_ I ' Brent Chesney i~ Rex A. Kinnison (~ ~,~ Javier D. Colmenero iC~ Melody Cooper i0~ Henry Garrett ~2.~ '~ PASSED AND APPROVED, thi~s the '~ day of ATTEST: Armando Chapa City Secretary Jesse Noyola Mark Scott ,2003. Mayor APPROVED: 14th day of AugUst, 2003: By: R. ~J~y~ining Acting' City Attorney R32837B1 .doc 025455 State of Texas } County of Nueces } SS; PUBLISHER'S AFFIDAVIT 03SEP 15 CITY OF CORPUS CHR~ST~ Ad ¢ 4655993 PO fl Before me, the undersigned, Hinoiosa, who being first dui' Manager of the Corpus Ch~ Corpus Christi in said City Brooks, Duval, Jim Hogg, Nueces, Refugio, San Patri, publication of, NOTICE OF is a true copy, was inserted Wide Web on the Caller-Ti~ 2003. $42.85 TWO (2) Time(s) a Notary Public, this day personally came Diana sworn, according to law, says that she is Credit ~ti Caller-Times, a daily newspaper published at and State, generally circulated in Aransas, Bee, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, :io, Victoria and Webb Counties, and that the 'ASSAGE OF ORDINANCE NO. which the annexed the Corpus Christi Caller-Times and on the World s Interactive on the 1ST day(s) of SEPTEMBER, Credit Manager Subscribed and sworn to me on the date of SEPTEMBER 02, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05.