HomeMy WebLinkAbout029765 ORD - 03/19/2013Ordinance amending Articles 1 and 8 of the Unified Development Code
relating to design standards, criteria, and requirements for street design;
requiring compliance with design standards issued by the City Engineer;
requiring street design for a 30 -year life level of service; and 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 1, General Provisions, Subsections 1.11.2 - "Abbreviations "; and
Subsection 1.11.3 - "Defined Terms" of the UDC are amended by adding an abbreviation and
term for "AASHTO" and "MUTCD "; and by adding definitions for " AASHTO," " AASHTO Design
Guide," "City Engineer," "Design Standards," and "Manual of Uniform Traffic Control Devices
(MUTCD)," as shown:
Article 1. General Provisions
1.11.2 Abbreviations
Abbreviation Term
AASHTO
American Association of State Highway Transportation
Officials
ANSI
American National Standards Institute
BP
Business Park District
CBD
Downtown Commercial District
Abbreviation Term
Min.
Minimum
MUTCD
Manual of Uniform Traffic Control Devices, latest edition
ON
Neighborhood Office District
P Use Permitted By Right
Pagel of 8
029765
,INDEXED
"1.11.3 Defined Terms
AASHTO: The American Association of State Highway Transportation
Officials.
AASHTO Design Guide: The American Association of State Highway
Transportation Officials (AASHTO) Guide for Design of Pavement
Structures.
Abutting: Having a common border with, or being separated from such a
common border by a right -of -way or easement."
* * *
"City: The City of Corpus Christi, Texas.
City Engineer: The person who holds the position of Director of
Engineering Services for the City of Corpus Christi.
Cladding: The building materials covering the exterior of a structure."
"Demolition or Demolish: The razing or destruction, whether entirely or
partially, of a structure, including the removal or destruction of the facade,
surface, or interior of a Landmark classified as "HC".
Design Standards: The required standards for the design and installation
of infrastructure and public improvements as determined and issued by
the City Engineer.
Detention Facility: Publicly or privately operated facilities housing
persons awaiting trial or persons serving a sentence after being found
guilty of a criminal offense."
"Lowest Floor: The lowest floor of the lowest enclosed area, including a
basement; provided... Section 60.3 of the National Flood Insurance
Program regulations.
Manual on Uniform Traffic Control Devices (MUTCD }: The Manual on
Uniform Traffic Control Devices or MUTCD, latest edition defines the
required standards to install and maintain traffic control devices on all
streets highways, bikeways, and roads, published by the Federal
Highway Administration (FHWA) under 23 Code of Federal Regulations
(CFR), Part 655, Subpart F.
Page 2 of 8
Manufactured Home: A structure, constructed on or after June 15, 1976,
according to the rules of the United States Department of Housing and
Urban Development ... recreational vehicles."
SECTION 2. Article 8 - "Subdivision Design and Improvements," Section 8.1, "General
Provisions," Subsections 8.1.3(A) — "Requirements for Improvements "; 8.1.4 — "Type of
Improvements Required "; 8.1.9 — "Alternative Compliance"; and 8.1.10 — "Requirements for Plat
Recordation Prior to Final Acceptance of Infrastructure improvements Based on Financial
Security" of the UDC are amended as shown:
Article 8. Subdivision Design and Improvements
8.1 General Provisions
"8.1.3 Requirements for Improvements
A. All infrastructure and public improvements shall be
designed and installed in accordance with the
Comprehensive Plan and applicable area development
and master plans. In the event of any conflicts between the
master plan for particular infrastructure and an area
development plan, the master plan for the infrastructure
will prevail. Design and installation shall ,at a the-minimum,
meet the requirements established by this Unified
Development Code, the Design Standards, the City's
standards for roads, streets, structures and utilities, and
any other esign or technical criteria issued
by the City Engineer. In the event of any conflicts between
this Unified Development Code, the City's standards for
roads, streets, structures and utilities, the Design
Standards, and any other design standards, requirements
or criteria, the Design Standards prevail."
"8.1.4 Type of Improvements Required
in the absence of any provision to the contrary, the developer
shall provide the following improvements, as approved in the
construction plans, in conformity with the standards,
specifications and requirements of this Unified Development
Code, the Design Standards, utility master plans and any state
or federal requirements. Improvements eligible for participation
shall be in compliance with Section 8.4:"
*
"8.1.9 Alternative Compliance
Page 3 of 8
A. The subdivision improvement requirements, including
exceptions to existing utility master plans, may be modified
by the Technical Review Committee upon a finding that a
modification would will meet the requirements of the
Design Standards; that such modification will be consistent
with the purpose of this Unified Development Code, this
Article and the Comprehensive Plan; that such modification
would not adversely affect the land use compatibility or
public interest, and that the subject parcel complies with
one or more of the following criteria:
1. The assumptions upon which the existing utility
master plan are based do not match existing
conditions or current engineering best practices; or
2. The adopted standards of another regulatory
agency cannot be met while complying with the
standards of this Article."
B. Financial hardship due to meeting the requirements
of this Article shall not be sufficient justification for
alternative compliance.
C. Any modification must meet the requirements of the
Design Standards. This Article does not authorize the
Technical Review Committee to modify a requirement,
standard or criteria that will not comply with the Design
Standards.
CD. The requirement of improvements and payment of fees not
specifically contained in this Unified Development Code
shall be subject to appeal and review by the Planning
Commission in accordance with Subsection 3.8.3."
8.1.10 Requirements for Plat Recordation Prior to Final
Acceptance of Infrastructure Improvements Based on
Financial Security
"8.1.10. B. 3. The developer has executed an
agreement with the City that provides at a
minimum the following:
a. The developer shall construct the
improvements in accordance with
the erg-i-nee+ing standards Design
Standards in effect at the time of
construction;
Page 4 of 8
b. All other subdivision requirements,
park dedications, park deferment
agreements, maintenance
agreements, or special covenants
have been completed; .. .
SECTION 3. Article 8 - "Subdivision Design and Improvements," Section 8.2, Design
Standards, Subsections 8.2.1 - "Streets "; and 8.2.1.J - "Private Streets" of the UDC are
amended as shown:
Article 8. Subdivision Design and Improvements
"8.2 Design Standards
If another regulatory agency has authority within the City limits or ETJ, the
more stringent design standards shall apply.
A. City Engineer Authority. The City Engineer is authorized to
determine and issue the required design standards and design
and installation criteria for public infrastructure and improvements,
referred to herein as the "Design Standards."
B. Incorporation by Reference. The most current version of the
Design Standards is incorporated by reference into this Article.
Copies of the Design Standards will be kept on file at the
Department of Engineering Services, on file at the Department of
Development Services, and online on the City's website."
8.2.1 Streets
All streets shall, at a minimum, be designed and installed in
accordance with the Comprehensive Plan, applicable area
development and master plans, the approved Mobility Plan,
and the Design Standards.
1. Streets shall be designed for a 30 -near life in
accordance with the American Association of State
Highway Transportation Officials ( AASHTO) Guide
for Design of Pavement Structures ( "the AASHTO
Design Guide ") 1993 Edition and supplements,
unless a later edition of the AASHTO Design Guide
is required under the latest edition of the Design
Standards.
2. Streets shall be designed and installed in
accordance with the approved Mobility Plan.
3. Streets shall be designed and installed to meet the
requirements of the Design Standards.
Page 5 of 8
4. In the event of any conflicts between the Design
Standards and any edition or supplement to the
AASHTO Design Guide, the Design Standards
prevail."
*
"8.2.1.J Private Streets
Private streets not included in a planned unit development shall
be allowed in a residential subdivision subject to meeting the
requirements of this Unified Development Code, the Urban
Transportation Plan and the following conditions:
* * *
"5. Design Standards
a. The design standards for private streets, including
construction standards, widths, geometric
standards, grades and alignments shall be the
same as required for public streets as set out in this
Articles and the Urban Transportation Plan, the
approved Mobility Plan, and the Design Standards.
The width of the easement for a private street can
be less than the right -of -way of a public street of a
similar projected carrying capacity so long as
sufficient easement area is provided for the
required pavement and sidewalk. Concrete street
sections are permissible for private streets."
* * *
"10. Future Dedication
If the lot owners abutting private streets or the home
owners association request the City to accept dedication of
the private street as a public right -of -way for purposes of
maintenance, a condition of such dedication shall require
that the design and installation of the private street meet all
of the same City standards and requirements for streets
set out in this Unified Development Code, Section 8.2.1
above, the Desiqn Standards, and the approved Mobility
Plan: and that the private street be in satisfactory condition
for the safe use of such street by the general public upon
acceptance by the City."
* * *
"12. Street Lighting
Street lighting shall be in compliance with City design
reguirementc the Design Standards and the MUTCD, and .
shall be installed on all private streets. The City shall not
Page 6of8
accept operation and maintenance of any street lighting
not conforming to the Design Standards and the MUTCD
(i.e., style, spacing, and illumination intensity). Restrictive
Covenants must indicate that the developer or electrical
provider is responsible for the maintenance and operation
of street lights.
13. Traffic Control Devices
Traffic on all private streets shall be controlled, guided and
warned by traffic control devices (signs, markings, signals,
etc.) in conformity with City the Design Standards, the
MUTCD, and with any other of the City's and State
standards; provided that, the developer may include
subdivision logos on such signs and alternative displays as
approved by the Assistant City Manager of Development
Services.
*
*
*
SECTION 4. Article 8 of the UDC is amended by deleting, in its entirety, "Appendix 8," titled
"Corpus Christi Urban Transportation Plan Design Criteria Manual."
SECTION 5. 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 6. 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 7. 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.
Page 7 of 8
The foregoing ordinance was read for the first time and passed to its second reading on this
the Ci-U `day of
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
The forrg�i
the CC��
, 2013, by the following votes:
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
ordinance was read for the second time and passed finally on this
day of
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
a•-) , 2013, by the following votes:
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
PASSED AND APPROVED this the Ig day of M , 2013.
ATTEST:
Armando Chapa
City Secretary
Nelda Martinez
Mayor
029765
Page 8 of 8
o rut5
FINANCE Q;E. P R r r PUBLISHER'S AFFIDAVIT
13 APR 23 AM8 :EI
State of Texas } CITY OF CORPUS CHRISTI
CounCt 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 !I day of
copy made by publisher.
SYLVW P. P;REZ
MY COMMISSION EXPIRES
Febnteti Z1,2017
03/25/13 Mon
03/25/13 Mon
LEGAL SALES ''' RESENTATIVE
, 2013 I certify that the attached document is a true and exact
N t
Public, c, State of Texas
4E I March 25, 2013 I 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 -
n ei V Ienoufid opmtCode
relating to design standards,
criteria, and requirements
for. street .'design;: requir-
ing compliance with design
standards issued by the City
Engineer; :requiring street
design for. a 30 -year life
level of service; and provid-
ing for severance, Aenalties,
and publication; NO. 029770,
Ordinance: amending the
Unified Development : Code
by revising subsections
3.1.7.C.1 and 3.1.7.C.4
lic notice requirements, sub-
section 3.3.3.C- City Council
final action on rezonings,
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..I 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