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HomeMy WebLinkAbout033317 ORD - 03/19/2024Ordinance amending the Unified Development Code (UDC) §3.1.6 to adopt required application materials for plat applications and designating the Development Service Director to oversee the platting process and §3.1.7 to require notification to owners of nonconforming uses created by rezoning; and providing for publication 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, a public hearing was held during a meeting of the Planning Commission when said Commission recommended approval of the proposed UDC amendments, and with proper notice to the public, an additional public hearing was conducted during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, amendments are to comply with the latest statutes passed by the State Legislature; 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, THAT: SECTION 1. The recitals contained in the preamble of this Ordinance are determined to true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. UDC Article 3 "Development Review Procedures", Section 3.1.6 "Application Requirements", is amended by adding table 3.1.6.B.2.A and by adding the following language that is underlined (added) and deleting the language that is stricken {d-e4e#-eci) as delineated below: 3.1.6. Application Requirements 3.1.6.B Forms Development applications required under this Unified Development Code shall be submitted on forms and in such numbers as required by the Director Manager of Development Services and in compliance with Local Government Code 212.0081. 2 This subsection shall establish the required list of documents to determine land subdivision application completeness per plat type. A. Items Plat Type the the aoulW laster relim PI (I)swoo . limit! t �' Lnding Lcating W submitted with yrot (Using submittal portal Ro following for Plat Type items are required a complete submittal) x x x x x 1. APPLICATION- https://dsforms.cctexas.com/ Form 4010 or Form 4010A A form be x x x x x a) completed and signed application must submitted. Plats, Storm Water Management Plans Utility Plans be Quality format. See template and for shall submitted in pdf plat scale. 03 3 I 'It SCANN x x x x b) For OCL in to hard plats, addition a) above, provide copies of Plat, Utility Storm Plan, Water Quality Management Plan delivered to Development Services for Nueces County Public Works review through Plats to be along with submittal 18" 24", portal 1 ":100' are one original reproducible x scale minimum, complete with all required certificates, volume and page information. x Pre is to OCL x x x c) -application If meeting has required prior for submission the of be plat. owner based plans or petitioned annexation, plat will reviewed on city street standards. x x x x x II. OWNER AUTHORIZATION x All items the be filled x x x x a) by on application Authorization must Application). out and application A letter signed form owners. for (See on is for or acceptable owner's signature required corporations and partnerships. x b) Provide legal description, x x x x owner name, acreage, and tax account number. x All the be listed the x x x x c) ownership Deed. of property must on application x and matching x x x x x III. DEED- Provide the latest Deed(s) to the recorded property. The the x x x x x a) owner's name must match application and plat b) The Deed's description be included the x x x x description. property shall plat's x x x x x x IV. ADDITIONAL ITEMS Tax Certificate(s) taxes to the tax x x x a) for showing all are paid up current year all jurisdictions. x x x x b) Peak Hour Traffic Form x 100% Public/private improvement c) through Development Services plans Portal and specifications Infor submitted noting Number improvements deemed (if public or private are necessary). For OCL, hard improvement delivered to Development copy Services of private/public for Nueces County Public plans Works review through 18 24 inches ANSID along with submittal portal. x size. x d) For OCL title title insurance the plats, certificate of or on be furnished subdivision liens must showing ownership or property and all against sale. Letter from to x x x e) water than utility Corpus provider Christi affirming Water). ability provide x service (if other f) Utility Plan x x showing street addresses or assigning street addresses. x Copy to be Tots to be g) Vacatin• of Plats plat vacated or plat with vacated (For only) V. PLAT- Submittals shall conform to the prescribed Plat x x x x templates and Signature Blocks and shall adhere to "File Standards and Naming Conventions" (See Development Services when printed website). on sheets Plat shall measuring be drawn 18 x to 24 scale inches. that (See is legible I b) for x OCL Plats.) Plats shall identify/depict the following items: Page 2 of 8 Outline boundary denoted by bold line x x x x x a) dimensions of with principle with templates), proposed date subdivision direction name, acreage, breeze. north point, scale (see and of prevailing Boundary bearings distances; beginning survey with and point of labeled described in field Field tie to on plat and tie notes. notes to corner of original survey; survey across adjacent streets determine description right-of-way width. Location Monumentation. Benchmark than 800 feet to the and elevation. map with scale not more inch with street names. x b) Proposed boundary Phased Zoning of subdivision, showing and Zoning boundaries proposed with streets, parks, open space, etc., dimensions Legend description for with principle with a providing the development for Phase the time frame to be Show each location with approximate land completed. table general land of proposed uses and provide a showing proposed uses and corresponding acreage. Location, description, x x x x x c) width, lines, and names of existing or recorded drainage streets, right-of-way dimensions easements, water 200 courses, ft. or boundary. structures with principle within of plat Items Plat Type the the �' liminary t mil8et. ° submitted with (Using submittal portal, Id :a 90 following for Plat Type items are required a complete submittal) -o ID '- d) Proposed x x x lines, plan blocks, of subdivision, Tots, showing streets building with lines, names, right- of-way alleys, easements, and dimensions Lots Blocks to be water courses with principle and Show footage individual lots. Show numbered. dimensions front acreage/square lot line. Angular dimensions of by bearing. Lot to of City County shown sizes comply with or regulations. Location in x e) and size of existing and proposed infrastructure latest Master Plans adherence with the applicable f) Proposed drainage indicating x location, direction general plan flow, of storm water of and receiving waters. x x x x x Location FEMA Floodway Boundaries FEMA Flood Zone g) of and Boundaries that the encroach on site (using current classifications). x x x x h) Contours 5-foot intervals less in identified FEMA Flood at or Zones. x x x x x i) Any Air Installation Compatible Use Zones (AICUZ) x x x Future Park dedication, j) greenbelts, or other open spaces. k) Any landfill, x x x x x existing or previous sanitary shooting range, or other environmentally sensitive areas. I) Location body including intermittent x x x x x of of water an or perennial stream. x x x x x Endangered/Protected Species m) Any area identified as providing Habitat. Preliminary description the that be x x n) of any area of site may Contact US Army Corps of Engineers District jurisdictional wetland. Regulatory Office for assistance. Limits x x x o) of any current jurisdictional wetland. Preliminary determination the location Dune x x p) of of any critical Areas. Page 3 of 8 Preliminary boundary line lands belonging x x q) the State Texas. of any submerged to of Boundary line lands belonging to the State x x x r) of any submerged of Texas that the tract, based State-owned determination the boundary adjoins between the State-owned on a lands of and privately- owned property. 's) Location Critical Dune Areas determined by the Land x x x of any as Commissioner Texas Natural Resources Code 63.121. under t) All land the x x contiguous under same ownership. x x x x x u) Receiving Waters with a plat note. Name x x x x x v) of property owner and engineer or surveyor, and proof of current registration. Typical Mobility Plan x x w) facilities cross section latest of proposed UDC streets Infrastructure and/or Design consistent with and Manual Preliminary Plat Final if Preliminary (On and not provided on a previous plat). All "Most Common x x x x x x) appropriate standard plat notes (See Technical Review Committee Comments" on Development Services For OCL final for website). preliminary and plats, plat building note existing and proposed covenants, and plat note stating setback will be in Platting accordance Requirements. with the Nueces County Subdivision Regulations and Certification bearing the date x x x x x y) name, signature, seal, and of in signature the State of a Texas public surveyor that or engineer with active items registration of attesting the all survey related or engineering related items on plat/plan are correct x x x OSSF block is If located z) notes and signature (if septic planned). in by tanks an area not served a sanitary sewer system and septic to be from the City Health are Dept. is used, a certificate of approval -County required. x x x x VI. SWQMP (Storm Water Quality Management Planj- For Greater 1 Acre Property. Plan be than of contiguous shall sealed the following and identify/depict items: Acknowledgment/note that increase in impervious x x x x a) in land development surface or change further drainage condition makeup at site buildable will require in review and mitigation may affect area Storm Water site Management development Plan" OR is Titled Preliminary Quality if impervious if public/private land improvements needed, be or cover and/or condition makeup may modified. b) Titled "Storm Water Management Plan" if x x improvement Quality for public/private by plans are approved and released construction the City Corpus Christi DS Engineer. of Legend x x x x c) with applicable symbols used. d) Acreage, location, drainage. x x x x nearby x x x x e) Identify any FEMA Flood Zones (using current classifications). x x x x f) Existing and proposed drainage appurtenances. Maps the to x x x x g) showing route of area covered ultimate outfall(s). Page 4 of 8 Items submitted with Plat Type the thean iste r ?lim Plat Iimii following items for (Using Plat submittal Type portal, 41 2 Id are required a complete submittal) h) Ultimate listed. x x x x outfall(s) x x x x i) Existing land type for use, soil and conditions (shading pervious impervious and areas). Land topography, land to x x x x j) survey, drainage contours direction of clearly delineating shown exhibit current direction). and proposed (arrows k) Pre determination for x x x x including -developed runoff determination entire platted area, intensity, appropriate and reference land of rainfall type runoff degree, coefficient(s) (per existing conditions, from soil to and slope development), showing drainage contours if time slopes change pre post area(s), location of concentration in drainage (based on visual exit pathway of most remote area/basin). I) Proposed layout development functioning x x x x for of impervious with hydraulics (shading pervious and areas). Post determination, including x x x x determination m) -developed runoff intensity, appropriate and land reference of rainfall type runoff coefficient (per proposed if conditions, If soil and slope, showing contours necessary. unknown, appropriate proposed zoning be to determine drainage time may used runoff coefficient), area, location of concentration (based on visual exit pathway of most remote in drainage area/basin). Proposed flow x x x x n) and existing comparison of and runoff rates for required storm events. If developed flows to x x x x o) estimated flows post appear exceed in predeveloped to be (via calculation to final or increase impervious development. area), mitigation addressed prior plat or site Confirm Drainage Master Plan the x x x x p) for Master compliance Plan Amendment. with and/or need a On facility, x x x x q) -site storm water management if applicable. Submit TxDOT letter SWQMP if x x x x r) copy of approval of adjacent to state designated ROW. Permanent to from x x x x s) drainage. measures reduce pollution runoff that relate to x x x x t) Wetlands, AICUZ, to drainage flooding. or other areas sensitive or x x x x VII. UTILITY PLAN- A labeled Utility Plan Plans separate required. the following items: shall identify/depict Titled "Preliminary Plan" if improvements x x x x a) Utility public/private needed. b) Titled "Utility Plan" if improvement x x x x public/private for by the City plans Corpus are Christi approved and released construction of DS Engineer. Legend x x x x c) with applicable symbols used. Page 5of8 d) Location infrastructure in x x x x and size of existing and proposed the latest Master Plans. but limited adherence with (including not to Urban Transportation Plan, Water, Wastewater, Stormwater, ADA, Parks, etc.) Confirm that lot has billed x x x x e) and provide to note each separately utilities and access utilities. f) Proposed design x x x x lines looped. properly connects property to utilities, and water are x x x x Estimated in g) water and waste water usage gpd. x x x x h) Fire hydrant (existing and proposed) spacing. i) Service lines that to x x x x are not connected manholes. x x x x Easements j) match plat and are appropriately placed. k) Show Addressing Policy x x x x proposed DSD street addresses as per available on website. I) Proposed lighting x x x plan per requirements set forth in the IDM. x x m) Deviations to include Waiver Request application. x x VIII. WAIVER APPLICATION - The the DSD x x a) completed waiver application, available on website, documentation be for Plats for along with requested deviation to the shall improvement submitted is which a variance or public standard proposed. B fhe required list of documents in this subsection shall be published on the Citv's website in compliance with Section 212.0081 of the Texas Local Government Code. 3.1.6.E Application Completeness Review 1. A determination of whether a development application is complete shall be made by the Director Assistant— (Ay—Mana-ger of Development Services no more than five business days after submittal of the application. 2. An application that contains all of the information necessary to decide whether or not the development as proposed will comply with all of the requirements of this Unified Development Code shall be deemed complete. 3. If an application is determined not to be complete, the Director Assis#a ty Manager of Development Services shall notify the applicant in writing within ten business days of the initial application. The notification shall list all missing or incomplete items and provide at least ten business days for the applicant to resubmit the material. The applicant may request an additional meeting for explanation of the missing or incomplete items. If the application is not resubmitted within the period specified, the application shall be deemed rejected and shall not be accepted for filing. After an application has been rejected, a new application and fee shall be required. 4. A determination of completeness does not preclude any negative final action and does not include any implied determination that the application successfully meets any review criteria or that during review additional clarification or information will not be needed. Page 6 of 8 5. Any time an incomplete application is erroneously deemed complete and later determined to be incomplete, the application shall be rejected and subparagraph 3.1.6.E.3 above shall apply. SECTION 3. UDC Article 3 "Development Review Procedures", Section 3.1.7 "Public Notice Requirements", is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 3.1.7 Public Notice Requirements 3. Mailed Notice For review procedures requiring mailed notice, a notice of public hearing shall be sent by United States mail to owners of record of property within 200 feet of the property under consideration, as determined by the most recent tax roll information from the appropriate Appraisal District. The notice shall be deposited in the mail before the 10th day before the public hearing date. For Zoning Map Amendments (Rezoning), a notice of Public Hearing shall be provided in compliance with Local Government Code 211.007. B. For Zoning Map Amendments (Rezoning) where the adoption of or change to a zoning regulation or boundary creates a nonconforming use, a notice of public hearing shall be mailed by United States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the 10th day before the hearing date. A notice of Public Hearing shall be provided in compliance with Local Government Code 211.006. 4. Content of Notice a. Published or Mailed Notice Published or mailed notices shall contain at least the following information: i. The general location of land that is the subject of the application. A location map shall be included in the mailed notice but not in the published notice. (Ordinance 029770, 03/19/2013) ii. The legal description or street address; iii. A description of the action requested including, where applicable, a general description of the proposed development including the size of each element of the proposed development; iv. The time, date and location of the public hearing; v. A phone number to contact the Development Services office; and vi. A statement that interested parties may appear at the public hearing. vii. Mailed notices for the purpose of notifying a nonconforming use must be done in compliance with Section 211.006 of the Texas Local Government Code. Page 7 of 8 SECTION 4. 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 5. 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. SECTION 6. This Ordinance shall become effective upon publication. Introduced and voted on the 21 day of FRAn(u,c), PASS and and APPROVED on the rtak day of iNt\ cLi ha\ (}L , 2024. , 2024. ATTE T: Paulette Guajardo, Mayors J Re •ecca Huerta, Ci y Secretary EFFECTIVE DATE 3-as 24- 355 IP Mtieid: Page 8of8