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HomeMy WebLinkAbout04168 ORD - 03/23/1955AN ORDINANCE (No, 4168) AN ORDINANCE ADOPTING AND PROMULGATING RULES AND REGULATIONS GOVERNING THE PLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF CORPUS CHRISTI AND WITHIN A DISTANCE OF FIVE (5) MILES OF THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, AND REQUIRING PLATS TO CONFORM TO SUCH RULES AND REGULATIONS IN ORDER TO PROCURE THE APPROVAL OF THE CITY ZONING AND PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI; DEFINING TERMS; FOR- BIDDING TRANSFERS OF LAND WITHOUT COMPLYING WITH THE 'TERMS OF THIS ORDINANCE; REPEALING ORDINANCE NO. 1032 AND ORDINANCE NO, 1157 OF THE CITY OF CORPUS CHRISTI; PROVIDING PENALTIES FOR THE VIO- LATION OF ANY OF THE PROVISIONS THEREOF; PROVID- ING FOR THE PARTIAL VALIDITY OF SAID ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE AND PUBLICA- TION OF SAID ORDINANCE; AND DECLARING AN EMERGENCY, WHEREAS, it is necessary for the purpose of promoting health, safety, and general welfare of the citizens of the City of Corpus Christi and promoting the safe, orderly and healthful development of the City of Corpus Christi and the area within five (5) miles of the corporate limits of the City of Corpus Christi and to lessen congestion in proposed streets, and to provide adequate light and air, and to prevent over — crowding of land, and to avoid undue concentration of population, and to facilitate the ade- quate provision of water, sewerage, and other utilities, parks and other public requirements that a platting ordinance be promulgated for the City of Corpus Christi; and WHEREAS, the rules and regulations as herein set forth gov- erning the platting of land into subdivisions in the City of Corpus Christi and the land within a distance of five (5) miles of the corporate limits of the City of Corpus Christi are herein promulgated and adopted in accordance with Acts 1927, 40th Leg,, p, 342, ch, 231; as amended, Acts 1949, 51st, Leg,, p, 321, ch. 154; as clarified Acts 1951, 52nd Leg,, po 745, ch. 403; same being codified as Article 974a, and Article 66269 Vernon's Texas Civil Statutes;. and, WHEREAS, the City of Corpus Christi herewith and hereby adopts, ratifies, and promulgates all the intent, purposes, and power of said Articles, as amended, and expressly vests such powers not otherwise prohibited in the Zoning and Planning Commission as the City Planning Commission, ar, further herewith and hereby adopts as the general plan, as contemplated by Section 4 of said Article 974a, for the growth and exten- sion of the City, the Comprehensive Plan for the Corpus Christi Area of October 1952, subject however to any future modifications and changes there- of that may be adopted by official action of the Commission or the City Council necessitated by future growth, progress, and unforeseen exigencies: NOW, THEREFOR, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION I - GENERAL Before any plan, plat or re -plat of a subdivision or addition of land inside the City of Corpus Christi or within five (5) miles of the City lim- its thereof shall be recorded with the County Clerk of Nueces County, it shall first be approved by the Planning Commission of the City of Corpus Christi in conformity with Art. 974a, V.A.C.S. and the provisions of this ordinance. No transfer of land in the nature of a subdivision as defined herein shall be exempt from the provisions of this ordinance even though the instrument or document of transfer may describe land so subdivided by metes and bounds. The filing of any plan, plat or replat without complying with the requirements of this Ordinance, or the transfer of land by the filing of any instrument in the nature of a conveyance without having first complied with the requirements of this Ordinance, shall be deemed a viola- tion of the provisions of this Ordinance. There is, however, excepted from the provisions of this ordinance any conveyance transferring any land or interest in land to or from the State of Texas, County of Nueces, City of Corpus Christi, Corpus Christi Independent School District, Corpus Christi Junior College District and Nueces County Navigation District No. I. SECTION II - DEFINITIONS A. COMMISSION. The Zoning and Planning Commission of the City of Corpus Christi. B. STREETS AND ALLEYS. The term "street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, thoroughway, road, avenue, boulevard, lane, place or however otherwise des- ignated. - 2 - to MAJOR THOROUGHFARES OR ARTERIAL STREETS are principal traffic arteries more ar less continuous across the city which are intended to con- nect remote parts of the city and which are used primarily for fast or heavy volume traffic and shall include but not be limited to each street desig- nated as a major street on the Major Street Plan. 2. COLLECTOR STREETS are those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for cir- culation within such a development. 3. MINOR STREETS are those which are used primarily for access to the abutting residential properties and which are intended to serve traffic within a limited residential district. 4. MARGINAL ACCESS STREETS are minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic. 5. ALLEYS are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. C. SUBDIVISION. A subdivision is the division of any lot, tract or parcel of land into two or more parts, lots or sites, for the purpose, whether immediate or future, of sale or division of ownership. This defi- nition also includes the resubdivision of land or lots which are a part of a previously recorded subdivision. Divisions of land for agricultural pur- poses, and where no building construction is involved, in parcels of five acres or more shall not be included within this definition of subdivision, unless any such subdivision of five acres or more includes the planning or development of a new street or access easement. An addition is a subdi- vision as is defined herein. D. SUBDIVIDER AND /OR DEVELOPER. The terms "subdivider" and "devel- oper" are synonymous and used interchangeably, and shall include any per- son, partnership, firm, association, corporation, and /or any officer, agent, employee, servant, and trustee thereof, who does, or participates in the doing of, any act toward the subdivision of land within the intent, scope, and purview of this ordinance. The singular shall include the plural, and - 3 - the plural shall include the singular. E. SHALL AND MAY. As used herein, the word "shall" is mandatory, the word "may10 permissive. F. DEFINITIONS not expressly prescribed herein are to be determined in accordance with customary usage in Municipal Planning and Engineering practices. SECTION III - PROCEDURE AND PLAT REQUIREMENTS A. PRE- SUBMISSION CONFERENCE. Prior to the submission of the prelim- inary plat the subdivider shall confer with the staff on an informal basis to discuss the proposed plat and its conformity to the comprehensive plan and its relationship to surrounding property, streets, etc.. B. PRELIMINARY PLAT. Following the pre - submission conference all per- sons desiring to subdivide a tract of land within the area above described shall first prepare and submit to the Zoning and Planning Commission of the City of Corpus Christi, not less than four (4) days prior to any meeting at which such plat is to be considered, the following information which shall be certified by a state registered professional engineer or by a state li- censed or registered land surveyor: 1. Nine (9) copies of a preliminary plat showing the general features of the proposed development This preliminary plat shall be drawn on a scale of two hundred (200) feet to the inch or larger (one hundred (100) feet to the inch preferred) and shall show the follow- ing: (a) The outline of the tract the plat is proposed to subdivide with principal dimensions. (b) The proposed plan of subdivision, showing streets, blocks, lots, alleys, easements, building Ilines, parks, etc., with princi- pal dimensions. The preliminary plat shall cover all of the tract Intended to be developed, at any time, even though it is intended by the developers or developer to file plats and install improve- ments for parts of said tract by sections or units. (c) The location width and name of existing streets and any blocks, lots, alleys, easements, building lines and water courses or other - 4 natural features in area affected, with principal dimensions, and any other significant information on all sides for a distance of n,ot less than two hundred feet (200 ft.). (d) The names of proposed streets. Such names shall conform to the names of existing streets of which they may be or become ex- tensions or otherwise shall not duplicate or-conflict with the rec- ognized name of any other street located in the area subject to these regulations. (e) The location of existing sewers, water and gas mains and other public utilities, if any. (f) Proposed general plan for storm water drainage sufficiently detailed to indicate the location of drainage ditches or structures and the direction of flow. (g) Any zoning district affecting the area being platted or any proposed changes in zoning for which application will be made. (h) The name of the proposed subdivision, north point, direction of prevailing breeze, scale and date. (i) The name of the owner or owners and the engineer or surveyor. (j) Vicinity sketch or key map at a scale of not more than eight hundred (800) feet to the inch which shall show all existing sub- divisions, streets and tracts of acreage in the area and the gen- eral drainage plan, ultimate destination of water and possible storm sewer connections by arrows. (k) Typical cross section of proposed street improvements. (1) Contours of not more than five (5) foot interval and profiles of proposed streets and alleys may be required by the Commission. 2. In conjunction with this plat, the applicant shall submit two completed copies of a form furnished by the Commission giving statistics on the subdivision and an outline of the proposed street improvements, pub- lic utilities, etc.. 3. On receipt of the preliminary plat and other information the Commission shall render a decision thereon within twenty -one (21) days. Such decision may consist of approval, disapproval or conditional approval. Conditional approval shall be considered to be the approval of a plat or - 5 - replat subject to conformity with prescribed conditions, but shall be deemed to be a disapproval of such plat or replat until such conditions are com- plied with. All objections made to the preliminary plat, or conditions im- posed, shall be furnished to the subdivider in writing, 4. When a preliminary plat has been approved, the subdivider may thereafter file a final plat or plats of sections of the subdivision upon which approval of the preliminary plat has been obtained, and upon the fil- ing of a final plat or plats covering a portion of such subdivision, the re- mainder of the preliminary plat shall be deemed as considered approved or conditionally approved as in Item 3 above; provided, however, that such ap- proval or conditional approval of the remainder of the preliminary plat shall be limited to a two year period; provided further, however, that the Commission may at its discretion extend such period of validity. When a preliminary plat has been approved and thereafter the subdivider fails to file a plat of the subdivision or a section thereof within a period of six months, the approval of the preliminary plat shall be void except, however, the Commission may, in its discretion, extend such period of validity. C. FINAL PLAT. After the foregoing procedure has been complied with, and a preliminary plat approved by the Commissions the subdivider shall prepare and file with the Commission the following information: 1. The original and nine (9) copies of the final plat. This plat shall be drawn to a scale of one inch equals one hundred feet (1' 1001) or larger in ink on linen with all figures and letters legible and the whole proper for filing for record in the office of the County Clerk with the following information given: (a) The title or name by which the subdivision is to be identified, North point, the scale of the map, and the name of the state reg- istered professional engineer or state licensed or registered land surveyor responsible, (b) A definite legal description and identification of the tract being subdivided — this description shall be sufficient for the re- quirements of title examination. The plat shall be a descriptive diagram drawn to scale, and shall show by reference that the sub- division is a particular portion or part of a previously filed — 6 — plat or recognized grant or partition, which diagram and descrip- tion shall show as being included in the subdivision, at least all of the smallest unit of the last filed subdivision, plat, or grant, out of which the instant subdivision is divided, or so much there- of as is owned by the subdivider. (c) The boundaries of the subdivided property, the location or designation of all streets, alleys, parks and other areas intended to be dedicated or deeded to the public use, with proper dimen- sions-. The boundaries of the subdivision shall be indicated by a heavy line equivalent to a No. 5 Payzant pen and shall be tied by. dimension to the established center -line of all existing boundary streets. (d) The location of all adjacent streets and alleys, with their names, and the names of adjoining subdivisions with exact loca- tion and designation by number of lots and blocks. (e) All lot, block, and street boundary lines, with blocks and lots numbered or lettered consecutively. Building lines and ease- ments shall be shown And shall be defined by dimension. The actual width of all streets shall be shown, measured at right an- files or radially, where curved. All principal lines shall have the bearing given and any deviations from the norm shall be indi- cated. (f) Accurate dimensions, both linear and angular, of all items on the plat; the boundary survey on the site shall close within one in ten thousand (1: 10,000). Linear dimensions shall be ex- pressed in feet and decimals of a foot; angular dimensions may be shown-by bearings. Curved boundaries shall be fully described and all essential information given;- circular curves shall be defined by actual length of radius and not by degree of curve. Complete dimensional data shall be given on fractional lots. (g) iThe location and description of all lot and block corners and permanent survey reference monuments. Such corners and monu- ments shall be of three - quarter (3/4) inch iron pipe or five - eighths (518) inch iron rod and shall meet the following standardss - 7 - (I) Lot corners shall be twenty -four to thirty (24 - 30) inches long with the top set flush with the ground. (II) Block corners shall be twenty -four to thirty (24 - 30) inches long with the top set flush with ground and shall include the beginning and end of all curves within each block. (III) Reference points shall be twenty -four to thirty (24 - 30) inches long placed one (1) foot below the surface of the fin- ished ground elevation at suitable locations throughout.the_subdi- vision. There shall be at least as many reference points as there are blocks in the subdivision but not less than two and the dis- tance between successive monuments along any street or reference line .shall not be greater than one thousand (1,000) feet. Refer- ence points shall be other than and in addition to markers set for block or lot corners. (h) A certificate of ownership in fee of all land embraced in the subdivision, and of the authenticity of the plat and dedication, signed and acknowledged by all owners of any interest in said land. The acknowledgment shall be in the form required in the conveyance of real estate. Approval and acceptance of all lien holders shall be included. (i) A certificate by the responsible surveyor or engineer in charge, duly authenticated, that the plat is true and correct and in accordance with the determination of surveys actually made.on the ground. If the surveyor or engineer who prepared the plat did not make the boundary survey, this fact should be noted in the cer- tificate. Also, the certificate should show whether or not the tract is within five miles of the city limits of the City of Corpus Christi, measured in a straight line from the nearest points in the City limits, unless the information is shown in suitable manner elsewhere on the face of the plat. (j) In addition to other required certificates the following forms shall be entered on the plat following the certificates of owner, engineer, etc. and preceding the certificate of the County Clerk: - 8 - ( I ) STATE OF TEXAS COUNTY OF NUECES This plat of Subdivision (Addition) approved (date) by the Director of Public Works of the City of Corpus Christi, Texas. This the day of 195 Director of Public Works (II) STATE OF TEXAS COUNTY OF NUECES This plat of Subdivision (Addition) approved (date) by the City Zoning and Planning Commission of the City of Corpus Christi, Texas. This the day of 195__; provided however, this approval shall be invalid, and null and void, unless this plat is filed with the County Clerk within six (6) months hereafter. Chairman Secretary (k) If a subdivision is located in an area not served by a sani- tary sewer system and septic tanks are to be used the following form shall be included on the plat° STATE OF TEXAS COUNTY OF NUECES Approved by the Corpus Christi- Nueces County Health Unit. This the day of 195,_ Sanitary Engineer (1) The final plat submitted to the Commission and to be filed for record with the County Clerk shall not show construction features such as curb lines or public utility lines or other structures not involved in the title covenant. 2. A copy of the final restrictive covenants to govern the nature of the use of the property in said subdivision shall be submitted if said - 9 - subdivision is planned for the use of individual septic tanks in lieu of a sanitary sewer system and /or falls under the Large Tract Division category as defined in Section IV, G of this ordinance. Such restrictions shall pro- vide that the ten thousand (10,000) square foot minimum lot areas shall not be reduced unless and until sanitary sewer service is available to each lot; in the case of a Large Tract Division such restrictions shall provide that these lot areas shall not be reduced until a satisfactory replat of such subdivision or portion thereof is approved by the Zoning and Planning Commis- sion. The Commission may, in the public interest, require that these be filed simultaneous with the plat. 3. Upon the filing of said final plat previously signed by the Director of Public Works along with other information, the Commission shall render a decision thereon within thirty (30) days of receipt thereof. Said decision may consist of approval, disapproval or conditional approval as defined in Sec. III, B, 3, hereof. Reasons for disapproval or conditional approval shall be stated by the Commission in writing. When a plat is con- ditionally approved the subdivider may subsequently refile the final plat meeting the objections or imposed conditions and the Commission shall with- in five (5) days thereafter sign said final plat, provided it meets the ob- jections or imposed conditions. If such plat is filed with the Commission without the signature of the Director of Public Works and otherwise meets all requirements it shall be conditionally approved by the Commission sub- ject to such signature and the failure of the Director of Public Works to sign shall not run against the thirty (30) day limit as defined above. 4. On approval of the plat, said plat being otherwise fully and properly endorsed, the Chairman and the Secretary of the Commission shall sign in the spaces provided which shall allow said plat to be filed with the County Clerk of Nueces County, Texas. 5. Approval of a Final Plat shall be valid for a period of six (6) months provided, however, that this period may be extended by the Com- mission upon written request by the subdivider. SECTION IV - DESIGN STANDARDS A. STREETS. - 10 - 1. The arrangement, character, extent, width, grade and location of all streets shall conform to the general plan for the City and shall be considered in their relation to existing and planned streets, to topographi- cal conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets... 2. Where such is not shown in the general plan for the City, the arrangement of streets in a subdivision shall either: (a). Provide for the continuation or appropriate projection of ex- isting principal streets in surrounding areas; or (b) Conform to a plan for the neighborhood approved or adopted by the Commission to meet a particular situation.where topographical or other conditions make continuance or conformance to existing streets impracticable. 3. Minor streets shall be so laid out that their use by through traffic will be discouraged. 4. Where a subdivision abuts or contains an existing or proposed arterial street, the Commission may require marginal access streets, re- verse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. 5. Where a subdivision borders on or contains a railroad right- of-way or limited access highway right -of -way, the Commission may require a street approximately parallel to and on each side of such right -of -way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be deter- mined with due regard for the requirements of approach grades and future grade separations. 6. Reserve strips controlling access to streets shall be pro- hibited except where their control is definitely placed in the city under conditions approved by the Commission. 7. Street jogs with centerline offsets of less than one hundred and twenty -five (125) feet shall be avoided. - 11 - 8. A tangent at least one hundred (100) feet long shall be intro- duced between reverse curves on arterial and collector streets. 9. Streets shall be laid out so as to intersect as nearly as pos- sible at right angles. 10. Property lines at street intersections shall be rounded with a radius of ten (10) feet or of a greater radius where the Commission may deem it necessary. 11. Street right- of-way widths shall be as shown in the general plan for the City and where not shown therein shall be not less than as fol- lows: Street Right -of -way Type Width Major Thoroughfares 80 feet Collector 60 feet Minor, for apartments 60 feet Minor, for other residences 50 feet Marginal Access 38 feet 12. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the Commission finds it will be practicable to require the dedication of the other half when the adjoin- ing property is subdivided, Wherever a half street has already been pro- vided adjacent to a tract to be subdivided, the other remaining half of the street shall be platted within such subdivision, in accordance with Section VI, A, of this ordinance. 13. Dead -end streets, designed to be so permanently, shall not be longer than five hundred (500) feet and shall be provided at the closed and with a turn - around having an outside roadway diameter of at least eighty (80) feet, and a street property line diameter of at least one hun- dred (100) feet. 14. Street grades shall be established with due regard being had for topography, contemplated land use, and the existing City Drainage Plan and facilities in the area surrounding the land to be subdivided, provided that the minimum street grade shall be two - tenths of one per cent (0.2 %). No land shall be rejected for subdivision purposes for failure to provide for greater street grade than that contained in this ordinance. 15. The flood design section for roadways shall be taken from back - 12 - of walk to back of walk, provided that in no case shall the height of curbs for subdivision be more than six inches. The run -off factor used in design p, of storm sewers shall be a minimum of one and three - tenths (1.3) cubic feet per second per acre for a minimum time of concentration of ten (10) minutes; provided, however, that the run -off factor may be one cubic foot per second as aforesaid in that area south of Agnes and west of Port Avenue. B. ALLEYS, 1. Alleys shall be provided in commercial and industrial districts, except that the Commission may waive this requirement where other definite and assured provision is made for service access, such as off - street load- ing, unloading, and parking consistent with and adequate for the uses pro- posed. 2. The minimum width of an alley shall be twenty (20) feet. 3. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to per- mit safe vehicular movement. 4. Dead -end alleys shall be avoided where possible, but if un- avoidable, shall be provided with adequate turn - around facilities at the dead -end, as determined by the Commission. C. EASEMENTS, 1. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least ten (10) feet wide. 2. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right -of -way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. D. BLOCKS, 1. The lengths, widths and shapes of blocks shall be determined with due regard to: (a) Provision of adequate building sites suitable to the special needs of the type of use contemplated. (b) Zoning requirements as to lot sizes and dimensions. - 13 - (c) Needs for convenient access, circulation, control and safety of street traffic, (d) Limitations and opportunities of topography, 20 Block lengths shall not exceed sixteen hundred (1,600) feet, E, LOTS. 1, The lot size, width, depth, shape, and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. 2. Lot dimensions shall be as follows: (a) Residential lots where served by public sewer shall be not less than fifty (50) feet wide at the building line nor less than six thousand (6,000) square feet in area; except, however, that in the area south of Agnes Street and west of Port Avenue the lot area may be reduced to five thousand (5,000) square feet, (b) Residential lots where not served by public sewer shall be not less than fifty (50) feet wide at the building line nor have an area less than that prescribed for health and sanitation purposes under Section y, B, 6, bo Such lots shall be laid out keeping in mind the possibility of resubdivision at such time as sanitary sewer service might become available. (c) Depth and width of properties reserved or laid out for church, club or other semi - public use or for business or industrial pur- poses shall be adequate to provide for the off - street service and parking facilities required by the type of use and development con- templated, 3. Corner lots for residential use shall have extra width to per- mit appropriate building setback from and orientation to both streets. When such lots side upon a major thoroughfare or collector street,'�no drive- way or garage entrance shall enter on said thoroughfare or collector street: a note to this effect shall be properly entered on the plat to be recorded. 4. The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street, 5. Double frontage, and reverse frontage lots, should be avoided except where essential to provide separation of residential development - 14 - from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet, across which there shall be no right of access9 shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. V 6e Side lot lines shall be substantially at right angles or ra- dial to street lines, Fa PARKS AND PLAYGROUNDS, to Due consideration shall be given to the dedication of suitable sites for parks and playgrounds. T'ns actual provision of such areas shall be governed by the following standards and regulations; (a) On a subdivision of less than ten (10) acres no park require- ment shall be made. (b) On a subdivision of ten (10) acres or more but less than twenty (20) acres no park requirement shall be made unless at the time of the filing of the preliminary plat the City has developed, or co- incidentally with the development of said subdivision will develop, a park within a distance of one -half (1/2) mile of the closest lot line of the most distant lot in the tract proposed to be subdivided, in which event the subdivider shall be required to deposit in the City's Park Development Fund money equivalent to the raw land value of five percent (5 %) of the area within the subdivision for the development of the al^sest park to the subdivision. For the purposes of this section "coincidentally" shall mean "at the same time00 , (c) On a subdivision of twenty (20) acres or more the subdivider shall be required to dedicate five percent (5 %) of the total area of the subdivision for park purposes at a location to be designated by the Zoning and Planning Commission and under the following pro- visions and conditions, 1. The area of the park to be dedicated shall be measured and calculated to the center line of any street within the subdi- vision bounding said park. II, When a subdivision is to be developed in stages or by Units so that the actual platting of the park area to be dedi- cated in connection with sold subdivision will be deferred - 15 until the second or a later unity the subdivider shall complete and deliver to the Commission with the final plat of the first unit of said subdivision an agreement form furnished by the Commission which shall provide for the future dedication of such park. III, The City shall bear its portion of the cost of curb and gutter and paving on any streets within the subdivision bound- ing the park being dedicated and shall also pay the costs of any utility extensions required to serve the park, IV. The City shall improve the dedicated park area coinci- dentally with the development of the subdivision. For the pur- pose of this section "coincidentally" means that the City shall improve said park when the subdivider has completed all per- manent improvements required of him by this ordinance adjacent to the dedicated park area or upon acceptance of the subdi- vision by the City, whichever time is later. By the term "improve" as used in this portion of the ordinance is meant such filling and grading as may be necessary for the practical use of said park together with the installation of an irriga- tion system, sodding and planting of basic trees and shrubs. V. In the event the City should not be able to provide the de- velopment as outlined above it shall have the option of causing the subdivider to improve the dedicated park area, as the word improve is defined in this portion of the ordinance, under a contract between the City and the subdivider providing for re- payment by the City to the subdivider for the cost of such im- provements within the following eighteen (18) months from the date of completion thereof and at an interest rate on the un- paid balance of five percent (5 %) per annum; provided that such development shall be done by or under the supervision of the City Park and Recreation Board and according to City plans. VI. Should the City fail or for any reason refuse to develop the park, or to avail itself of the option of causing the sub- divider to develop said park, or to reimburse the developer the contracted development of said park, then said park area shall — 16 — revert to the subdivider, his heirs, successors and assigns. (d) The foregoing sub — sections a, b, and c, shall not apply in the case of a replat of a plat, subdivision, or addition that has pre- viously met park dedication requirements, or the redivision of ex- isting single lots. G. LARGE TRACT DIVISION. Where a parcel is divided into larger tracts than standard building lots, such parcels shall be so divided as to allow for the opening of major thoroughfares and the ultimate extension of adja- cent minor streets. The Commission may vary the other requirements of this Platting Ordinance in such manner as.the general welfare of such area may re- quire to permit such large tracts. Where such division is on the basis of lots two and one half (2.5) acres or iargei, curbs, gutters and sidewalks are not required, provided a sixty (60) foot street right —of —way is pro- vided. Deed restrictions shall be filed as provided in Section III, C, 2. SECTION V — REQUIRED 'IMPROVEMENTS A. GENERAL 1. When a preliminary plat of a subdivision has been approved by the Commission the developer may submit to the Director of Public Works, or his duly authorized agent, plans and specifications for all improvements pertinent to said subdivision. Tha Dlrectar of Public. Works shall within thirty (30) days of receipt of said plans and apecifications approve same if they conform to the requirements of this ordinance, or disapprove same giving his reasons therefore in writing ter the subdivider. Thereafter when the subdivider has met the objectionsq if any, the Director of Public Works shall sign the plans and specifications and forth —with deliver same to the subdivider, his agent or his engineer, Anv puns and specifications sub- mitted in connection with a preliminary plat which may have been condition- ally approved as provided in Section III, B? :3 are subject to the final de- termination of the conditions of such a.pprovaia 2. Before beginning any construction of the improvements outlined in this section on proposed roadways or public utilities pertaining to any subdivision coming under the provisions of this ordinance, five (5) com- plete sets of plans and specifications of such construction, in the form of plats, sketches, or other satisfactorily written descriptions shall be 17 — filed with the Director of Public Works of the City of Corpus Christi. These shall show such features as roadways, cross — sections and longitudinal slope for drainage, full description of proposed pavement or street improve- ment, its grade and slope, dimensions and specifications concerning public utilities to be installed showing proposed position on the ground, speci- fications of materials and construction, and profile maps of all sanitary and storm sewers showing both ground surface and flow line, and any other pertinent information of similar nature, 3. Improvements shall be installed within all of the area of any subdivision or portion thereof given final approval and filed or to be filed for record. 4. All improvements shall be designed and constructed in conformity with the provisions of this ordinance and no construction shall be commenced until this ordinance is so complied with. 5. The following standards will not apply where the land to be subdivided is served by a water district other than the one furnishing ser- vice to the City of Corpus Christi. B. MINIMUM STANDARDS. The following minimum standards for improvements shall be agreed to and complied with in each subdivision or addition before final approval of a plat by the Commission: 1. ROADWAY PAVEMENT. (a) All roadways shall be paved with a base of caliche having a minimum compacted thickness of six (6) inches. Prior to placing the base materials, the sub —base and at least one foot beyond the back of the curb shall be tested for compaction by a commercial laboratory and shall have a minimum of ninety —five percent (95 %) of the standard proctor maximum density as determined at the opti- mum moisture content. The base material shall be constructed in layers, each layer shall be compacted to a minimum of ninety per- cent (90 %) of the maximum modified proctor density. (b) The base shall be surfaced with either a Floc' Mix Asphaltic Concrete Pavement (Item 317), or a Cold Mix — Cold Laid Asphaltic Concrete Pavement (Item 319), or a Cold Mix Limestone Rock Asphalt Pavement (Item 314), each one (1) inch in thickness minimum, or — 1B — the equivalent, or a Three (3) Course Surface Treatment using gravel or crushed rock for all three courses (Item 306)8 or a Two (2) Course Surface Treatment (Item 305) using precoated aggregate for the top course (Item 352)9 specifications of all of the above to meet current State Highway Department specifications, said cited item numbers appearing in Division IV of the Texas Highway Depart- ment Standard Specifications for Road and Bridge Construction, 19510 (c) Widths of paving for the various types of streets including standard two (2) foot curb and gutter shall not be less than the following: Street Type Major Thoroughfares Collector Minor, for apartments Minor, for other residences Marginal Access Pavement Width 60 feet 40 feet 40 feet 28 feet 28 feet (d) Pavement widths for business or industrial developments shall be established by the Commission on the basis of the extent and character of the proposed development. 20 CURB AND GUTTER. Combined curb and gutters shall be constructed on each side of each street within the boundaries of each subdivision with- in the City Limits and within the five (5) mile radius thereof, excepting, however, that any subdivision, the greater portion of which is one (1) mile or more beyond the City Limit line,may have ditches with side slopes not steeper than one on five (1 on 5), when such curb and gutter elimination and specified side slopes will improve the drainage of such subdivision. (a) For residential development the curb and gutters shall be the City of Corpus Christi Standard four (4) inch rolled curb of con- crete and shall have a minimum section ten (10) inches in depth at the back of the curbs six (6) inches in depth at the flow line of the gutter and seven (7) inches in depth in the outer edge of the gutter and to be twenty -four (24) inches in width and may be varied in section to fit particular conditions involved, and it shall not be prohibited to use a roll -type curb and gutter con- forming to the minimum section set out above on residential streets designed for elimination of 9Ocut out" driveways for - 19 - individual lots; provided, that in the area south of Agnes and west of Port Avenue one and one -half (12) inch valley gutter twenty -four (24) inches wide with a minimum thickness of six (6) inches may be permitted. (b) Along the side of any street abutting business, park or school property it shall be mandatory on the business, park or school side of the street that the curb and gutter be of L -type City of Corpus Christi Standard, with a minimum height of six (6) inches and that driveways be designed as a "lay -down" curb and gutter or a straight driveway section and that the driveway width in the curb shall not be greater than is approved by the Director of Public Works, 3. SIDEWALK. Concrete sidewalks having a width of not less than four (4) feet and thickness of not less than four (4) inches shall be con- structed on each side of each street within the subdivision. Said sidewalks shall be one (1) foot from the property line within the street right -of -way and shall extend along all street frontage including the side of corner lots and block ends; provided, however, that where it is impractical for the subdivider to provide such sidewalks on the side lot lines abutting ma- jor thoroughfares or drainage ditches then in those instances sidewalks shall not be required. 4. STREET MARKERa Two concrete posts five inches (5 ") square and eight feet (8 °) tall with two and one -half inch (2V) lettering shall be erected at all street intersections in such subdivisions for street markers. 5. WATER LINES, (a) Where an approved public water supply is reasonably accessible or procurable, each lot within the subdivided area shall be pro- vided with access to such water supply. The layout shall be de- signed to form a loop system, No main shall be smaller than six (6) inches and the minimum size for service lines shall be four (4) inches, except that two (2) inch stubs may be extended to serve a maximum of three (3) lots, (b) In areas where a public water supply is not available, the sub- divider shall construct wells in such a manner that an adequate sup- ply of potable water shall be available to every lot in the subdi- vision. Such water supply system shall be constructed under the - 20 - supervision of the City — County Health Unit of Nueces County and shall comply with all regulations of the State Board of Health in regard to such systems. 6, SANITARY SEWERS, (a) All subdivisions coming under the provisions of this ordinance and reasonably accessible to a public sanitary sewer shall provide each lot within said subdivision with access to such sanitary sewer. The design of such sanitary sewer layouts shall be coordi- nated with the City's Master Plan for Sanitary Sewers, which plan shall be the plan prepared by the Department of Public Works. The minimum size for mains shall be eight (8) inches, (b) When any subdivision is planned that is not reasonably acces- sible to a public sanitary sewer it shall provide either for the use of septic tanks or an individual sewage treatment plant as fol- lows: I, Septic Tanks: In all subdivisions planned for septic tank use the minimum lot area shall be ten thousand (10,000) square feet per single family dwelling, Septic tanks shall be installed on each lot concurrent with any development thereon and the design of such system and the method of installation shall conform in all respects to the requirements of the City — County Health Unit of Nueces County, The City — County Health Unit shall have the authority to vary the lot area require- ment where satisfactory evidence is presented indicating that soil conditions are such as to warrant a modification, II, Individual Sewage Treatment Plant: In all subdivisions planned to be serviced by an individual sewage treatment plant lots may be of standard area and sewers shall be installed to P serve each lot. The plant providing such sewage disposal fa- cilities shall be constructed in accordance with the regula- tions and requirements of the State Board of Health and with the approval and under the supervision of the City— County Health Unit of Nueces County and the Director of Public Works, 7, In order to properly protect the health, safety, and general welfare of the citizens of Corpus Christi, all connections with existing 21 — public utility lines of the City roust be made and installed under the super- vision and direction of the Director of Public Workso B. Where it shall be determined by the Director of Public Works that larger or deeper mains or lines are required in order to provide for the future extension of the sewer and /or water utility system beyond the lim- its of the subdivision in question, the City shall assume the responsibility for any additional costs involved. In the event City funds are not cur- rently available to pay for such larger or deeper mains or lines as may be required, arrangements shall be made for the developer to install these im- provements and be reimbursed by the City. 9e Whenever a final plat of a subdivision within the City Limits is approved, for which no City -owned water, sewer, and /or gas facility (ex- cepting gas facilities in areas served by private companies) is available at a boundary of such subdivision, the City shall provide such extension, or contract for the extension thereof, upon written request therefor by the subdivider, as follows: (a) The City shall secure any necessary easement right -of -way there- for, (b) The subdivider shall installs or have installed, or contract with the City for the installation thereof by City forces, such facility or facilities from the most practicable existing source satisfactory to the City to the boundary of said subdivision in accordance with standard City requirements for comparable lines and extensions, and in conformity with the master plan for the ex- pansion of such utility, and subject to the approval of the speci- fications, supervisions and costs thereof by the City Manager. (c) The City shall reimburse the subdivider for such extension in- stallation upon the completion and connection of fifty percent (50 %) of the residences and /or structures provided for in such fi- nal plat; provided, however, that such reimbursement per facility shall never exceed the cost for ten (10) linear feet of extension for each lot in said final plat. Co FINAL PLANS. Upon the completion of construction of any such utility or improvement, one set of-r-®-producible tracings of complete final plans, dated, signed and certified by the engineer in charge shall be filed - 22 - with the Director of Public Works of the City of Corpus Christi, showing all features as actually installed, including materials, size, location, depth or elevation, numbers, ends of lines, connections, wyes, valves, storm sewer drains, inlets and any other pertinent items. The Utility Department of the City of Corpus Christi shall make no connections to such utilities until the foregoing has been complied with. SECTION VI - EXCEPTIONS A. OFF SITE IMPROVEMENTS. Where any street forms any part of the boundary of a subdivision and some part of the width of said street has been dedicated or committed to dedication and improved or committed to improve- ment then the subdivider shall be required to dedicate and /or improve the balance of the width of any such street, but otherwise no improvements shall be required as a prerequisite to the approval of the plat for any existing dedicated street forming a boundary of a subdivision. B. GAS UTILITIES. The installation and dedication of gas distribu- tion mains within the subdivision shall not be required. C. PLATTED LOTS. 1. When any lot and a portion of a lot, or portions of lots, ag- gregating a larger tract in width and /or size than the average lot in the block in which same is situated are conveyed, as a single unit for a single use purpose, from a previously legally platted .subdivision, no re -plat there- of shall be required. 2. This exception shall not apply to any extension across an easement or public way, nor permit changing the facing of the original lots. 3. This exception is not to be construed as a waiver of any re- quirement of the Zoning Ordinance, as amended, or other applicable ordi- nance, or recorded restriction, and for such interpretations said integrated tract shall thereafter be considered as a single lot. SECTION VII - VARIANCES A. HARDSHIP. Where the Planning Commission finds that extra - ordinary 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 - 23 - 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 Commis- sion present. B. CONDITIONS. In granting variances and modifications, the Planning Commission may require such conditions as will, in its judgment, secure sub - stantially the objectives of the standards or requirements so varied or modi- fied. SECTION VIII - DISAPPROVAL RESTRICTED No plat shall be disapproved nor the processing thereof delayed for non- compliance with any requirement or condition not set forth in this ordinance, or otherwise required by law. SECTION IX - REPEAL A. Ordinance No. 10329 passed and approved by the City Council of the City of Corpus Christi on the 12th day of December, 1939, and recorded in Vol. 119 page 99 of the Ordinance - Resolution Records of the City of Corpus Christi, Texas, is hereby repealed and declared of no further force and effect. B. Ordinance No. 11579 passed and approved by the City Council of the City of Corpus Christi on the 24th day of September, 19409 and recorded in Vol. 11, page 342, of the Ordinance- Resolution Records of the City of Corpus Christi, Texas, is hereby repealed and declared of no further force and ef- fect. SECTION X - VALIDITY AND SEVERABILITY If for any reason any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be held invalid, it shall not effect the remaining provisions of this or any other ordinance of the City of Corpus Christi to which these rules and regulations relate. SECTION XI - PENALTIES Violation of any provision or provisions of this Ordinance by any sub- divider shall constitute a misdemeanor and upon conviction of such violation - 24 - in the Corporation Court of the City of Corpus Christi a fine not exceeding One Hundred Dollars ($100.00) shall be imposed, and each day that such viola- tion continues shall be a separate offense. In case a corporation is the violator of any provisions of this ordinance, each officer, agent and /or em- ployee in any wise responsible for such violation thereof shall be individu- ally and severally liable for the penalties herein prescribed; provided, how- ever, the penal provision and application of this ordinance shall not apply to a duly qualified County Clerk and /or Deputy County Clerk acting in their official capacity, or in any wise be construed to conflict with Article 427b, Penal Code of the State of Texas. SECTION XII - PENAL CONVICTION NO BAR TO OTHER LEGAL ACTION. No conviction or convictions under the penal provisions of this Ordi- nance, or Article 427b, Penal Code of Texas, shall ever be considered as any bar to any injunctive or other legal remedy, relief, right or power ex- isting in the City of Corpus Christi, Texas, to enforce the application and provisions of this Ordinance by virtue of the Constitution and Laws of the State of Texas and the Charter of said City. SECTION XIII - APPEAL. Any subdivider contesting any disapproval and /or the interpretation and /or application of any rule, standard, regulation, determination, re- quirement or necessity set forth in this ordinance directly or by delega- tion of authority shall have the right, after filing a written request with the Secretary of the Commission, to have a hearing thereon before the Com- mission within twenty -one (21) days after the date of filing of such request. Any subdivider not satisfied with the ruling of the 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 with- in fifteen (15) days after the final hearing before the Commission. SECTION XIV - ENABLING ACT This Ordinance shall take effect from and after its publication one time in the official publication of the City of Corpus Christi which publi- cation shall contain the caption stating in summary the purpose of the - 25 - Ordinance and penalty for violation thereof, SECTION XV The fact that it is of greatest public importance to immediately put in force the rules and regulations herein adopted so as to provide for the orderly and progressive growth of the City and the necessary protection of the lives, health, property and welfare of the citizens of the City of Corpus Christi; and the further fact that as a result of public hearings, duly held in accordance with law, and as a result of the first two readings hereof by the City Council in regular meeting, numerous changes and amendments have been made to this ordinance, it is now found desirable by the City Council that this ordinance be passed on a third and final reading as finally amended and in addition thereto that said ordinance be adopted and promul- gated in its entirety as the general rules and regulations governing plats and subdivisions of land within the jurisdiction of the City of Corpus Christi, creates a public emergency and a public imperative necessity, re- quiring the suspension of the charter rule, providing that no ordinance or resolution shall be passed finally on the day it is introduced, and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exists, requests that said charter rule be suspended and that this ordinance take effect and be in full force and effect from and after its passage and after its publication one time as is provided herein, —25@ That the foregoing ordinance was read for the first time and passed try its second reading on this the _day of ,195a� by the following vow Po C. Callaway Ellxoy icing e� James So Naismith W. James Brace F, P. Peterson,, Jr, That the foregoing ordinance was read for the second'time and.passed to its third reading on this the day of C 01954 by the following vote-. P. C. Callaway C E11goy King James So Naasmith _ A / W, James Brace F, P. Peterson, Jr That the foregoing ordinance w read for t e third time and passed ? �d by the follow- finally on this the day of e , 195930 ing vote- P, C. Callaway Ellroy King James So Naasmith W. James Brace F. P. Peterson, Jr, PASSED AND APPROVED, This the day of ATTES_ ° City Secree tarr y APPR,gVID AS TO EGAL FORM < City Attor ey Cl MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 19k4—, CORPUS CHRISTI, T EXAS i' y?fi /, 6, Z j_, 1955 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: r FOR THE REASONS SET FORTH IN THE EMERGEN � SSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESS kVST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY-ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 11 THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. REESPEECC]TFULLY /,� /} " L (� MAYOR CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY KING , JAMES S. NAISMITH �� {II /Z'� W. JAMES BRACE F. P. PETERSON, JR. n THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ' P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH f W. JAMES BRACE NCB F. P. PETERSON, JR, C'