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HomeMy WebLinkAbout031539 ORD - 09/18/2018 Ordinance amending the Unified Development Code regarding defined terms, exceptions from platting requirements, minor, amending or vacating plat review applicability, commercial districts permitted uses, commercial use categories, specific standards, water trust fund, and wastewater trust fund. 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 25, 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, 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 3 "Development Review Procedures", Section 3.8 Subdivision Plat Review, Subsection 3.8.2 Exceptions From Platting Requirements are amended by adding the following language that is underlined (added) as delineated below: 3.8.2. Exceptions From Platting Requirements J. Land, including submerged lands, owned by the State of Texas and administered by the Texas General Land Office. SECTION 2. UDC Article 3 "Development Review Procedures", Section 3.10. Minor, Amending or Vacating Plat Review, Subsection 3.10.1 Applicability, Subsection 3.10.1.A. Minor Plat are amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted)as delineated below: 3.10.1. Applicability Minor, amending or vacating plats may be approved by the Assistant City Manager of Development Services in accordance with this Section. A. Minor Plat 1. A minor plat is any-plata replat for the combining or consolidating of any number of existing, platted lots, if the replat results in four or fewer lots fronting on an existing street= does not increase the number of lots, and does not requireing the creation of any new street or the creation or extension of municipal facilities or improvements. (Ordinance 030832, 05/02/2016) (Ordinance XXXXXX / /201_) 2. Any plat that requires a waiver from subdivision design and improvement standards of this UDC shall not be processed as a minor plat. (Ordinance 030832, 05/02/2016) SECTION 3. UDC Article 8 "Subdivision Design and Improvements, Section 8.5 Trust Fund Policy, Subsection 8.5.1 Water Trust Fund, Sub ection 8.5.1.D Main Not Within One Mile of 03 ( 539 SCANNED Property, and Subsection 8.5.1.D.2, is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: c. The property is not likely to be served with such water lines within five years. Any refunds shall only be made when monies are fully available in, and appropriated from the Water Arterial Transmission and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. Refunds final plat.... ii. Governmental entities, water control districts, or authorities, other than the City, which have provided for the furnishing of an approved water supply to a tract of land for which a lot or acreage fee has been paid to the City may apply to the City for a reimbursement of the lot or acreage fee paid on such tract if such fee has not already been refunded to the lotowners. -..• - _•_ •- _ __ . °. • - - _ _ _•• .•• •- SECTION 4. UDC Article 8 "Subdivision Design and Improvements, Section 8.5 Trust Fund Policy, Subsection 8.5.2. Wastewater Trust Fund, Subsection 8.5.2.G Exemptions, Subsection 8.5.2.G.1.c is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted}as delineated below: c. The property is not likely to be served with such wastewater lines within five years. i. Any refunds shall only be made when monies are fully available in, and appropriated from the Wastewater Trunk Line Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. '- _•. •_ - _ ._° ii. Governmental entities, wastewater control districts, or authorities, other than the City which have provided for the collection or treatment of sanitary sewage to a tract of land for which a lot or acreage fee has been paid to the City may apply to the City for a reimbursement of the lot or acreage fee paid on such tract if such fee has not already been refunded to the lot owners. -.-• - -•_ _ •- -_ ._°. • - - _ _ _•• _ 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. Page 2 of 3 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. That the foregoing ordi ance was r ad for th9 first time and passed to its second reading on this the (III— day of Aqt27618, by the following vote: Joe McComb (-1(1,12_ Ben Molina Rudy Garza 0,( _ Everett Roy Paulette Guajardo 01Lucy Rubio Michael Hunter Greg Smith _41 Debbie Lindsey-Opel That the foregoing occlinanpe was read for the second time and passed finally on this the I - "day ofQ Q -}(4 ,(,( ,2018, by the following vote: Joe McComb 0A- Ben Molina __* Rudy Garza Everett Roy Paulette Guajardo OW Lucy Rubio _____4. Michael Hunter Greg Smith .__01,7,f Debbie Lindsey-Opel liet PASSED AND APPROVED on this the 1 day of _LP ' IA 1 018. ATTEST: c6e Ce..12"—tww&. Re ecca Huerta Jo cComb City Secretary M EFFECTIVE DATE 2L-\ S u31539 Page3of3