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HomeMy WebLinkAbout15517 ORD - 05/07/19801p:4-23-8Q;lst s AN ORDINANCE AMENDING THE PLATTING ORDINANCE, ADOPTED BY GRDINANCE NO. 4168, AS AMENDED, BY AMENDING SUBSECTION F. PARKS AND PLAYGROUNDS, OF SECTION IV - DESIGN STANDARDS, AS HEREINAFTER MORE FULLY SET FORTH; PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY'COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Platting Ordinance, adopted by the City Council by Ordinance No. 4168, as amended, be amended by amending Subsection F. Parks and Playgrounds, of Section IV - Design Standards, to hereafter read as follows: "F. PARKS AND PLAYGROUNDS 1. Due consideration shall be given to the dedication of suit- able sites for parks and playgrounds. The actual provision of such areas shall be governed by the following standards and regulations: (a) Within any residential subdivision of less than 20 acres, located within the city or within the area of extraterritorial jurisdiction of the city, the subdivider of such subdivision shall be required to satisfy the park dedication requirements as follows: (1) Dedicate 5% of the total land area of the sub- division for park purposes at a location designated by the Planning Commission, or (2) Deposit at the time each final plat is approved monies equivalent to the raw land value of 5% of the tract being finaled, said deposit to be made into the City's Park Development Fund. The plat shall be submitted to the Park Board for review and recommendation as to whether the developer shall be required to dedicate land for park purposes or to deposit monies in lieu of park land dedication. To be considered by the commission, such recommendation shall be submitted to the Department of Planning and Urban Development by the Monday prior to the Planning Commission meeting at which the plat is scheduled to be considered. Monies deposited in lieu of land dedication within residential subdivisions of 15517 16:^14 -kb 1,4 101 less than 20 acres shall be used for the purchase or improve- ment of the nearest park or park most likely to serve future residents of the subdivision. (b) Within any residential subdivision of 20 acres or more, located within the city or within the area of extraterritorial juris- diction of the city, the subdivider shall be required to dedicate 5% of the total area of the subdivision for park purposes at a location to be designated by the Planning Commission. The plat shall be sub- mitted to the Park Board for review and recommendation as to the designation of land for park purposes. To be considered by the Commis- sion, such recommendation shall be submitted to the Department of Plan- ning and Urban Development by the Monday prior to the Planning Commission meeting at which the plat is scheduled to be considered. (c) Within any nonresidential subdivision located within the city or within the area of extraterritorial jurisdiction of the city, the subdivider of such subdivision shall be required to satisfy the park requirements as follows: (1) Dedicate 5%. of the total land area of the subdivision for park purposes at a location designated by the Planning Commission Or (2) Deposit at the time each final plat is approved monies equivalent to the raw land value of 5% of the area within the tract being finaled. Said deposit to be made into the City's Park Development Fund. The plat shall be submitted to the Park Board for review and recommendation as to which of the two alternatives would best serve the needs of the area and the city's residents. To be considered by the com- mission -,-such recommendation shall be submitted to the Department of Planning and Urban Development by the Monday prior to the Planning Commis- sion Meeting at which the plat is scheduled to be considered. -2- • Monies deposited in•lieu of land dedication for nonresiden- tial uses shall be used to purchase and/or develop park sites in the general area of the nonresidential activity. (d) The above subsections a, b, andc shall not apply in the case of a replat of an existing plat, subdivision or addition that has previously set aside park requirements, or for land utilized for uses allowed only within the "I-2" Light Industrial or "I-3" Heavy Industrial Zoning Districts and zoned "I-2" or "I-3" if inside the City of Corpus Christi. The owners of such "I-2" or "I-3" property shall execute a contract with the city which shall be a covenant running with the land and be filed in the county deed records. Such contract shall stipulate theperacre value to be used to meet park dedication requirements if such land is ever developed with a use not listed in the "I-2" or "I-3" Zoning District regulations, said owner of any lot so restricted shall be required to pay into the City's Park Development Fund monies equivalent to the raw land value of five percent (5%) of the area of the lot which is measured and cal- culated to the centerline of any street. bounding said lot plus 6% interest from the time of filing of the plat of the subdivision. Said deposit to be made at the time building and/or.occupancy permit fees are paid. (e) The area of the park to be dedicated shall be measured and calculated to the centerline of any street bounding said park within the subdivision. When the subdivision is to be developed in stages or by units and the final platting of the park area to be dedicated is to be included in the second or later unit, the subdivider shall complete and deliver to the Planning Commission with the final plat of the first unit of said subdivision a contract, subject to City Council approval, executed by the subdivider providing for the future dedi- cation of such park. The form of such contract shall be provided by the City Legal Department. (f) The city shall bear its portion of the cost of curbs, gutters, sidewalks, and paving on any streets bounding the park in -3- the subdivision being dedicated and shall also pay the cost of any utility extensions required to serve the park. (g) The city shall improve the dedicated parkareacoin- cidentally with the development of the subdivision. For the pur- poses of this section, coincidentally means that -the city -shall improve said park when the subdivider has completed all permanent . improvements adjacent to the dedicated park area and upon accept- ance of the subdivision improvements for maintenance by the city. The term improve as used in this portion of the ordinance means such filling and grading as may be necessary to make the park usable as an active or passive recreational area together with the planting of grass and trees. - . The subdivider shall have the option of developing the park prior to acceptance of the subdivision improvements for maintenance by the city. Such park improvements shall be in compliance with an improvement plan approved by the Park and Recreation Board. Should this option be exercised, the city and the subdivider shall,' prior to initiation of work on such improvements, enter into a contract for reimbursement of subdivider expenses for authorized park improve- ments upon final acceptance of improvements in the subdivision immediately adjacent to the park. Such contract, if all parties agree, -may provide for reimbursement over an extended time period with interest on the unpaid balance." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of, this ordinance shall beheld invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any.other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance,.for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose.' That the foregoing ordinance w s read for t second reading on this the :°,f day of following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky irst time an , 19 • assed to its , by the That the foregoing ordinanc was read for second timed passed to its third reading on this the day of bjay_ , 1910 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foreging ordinance, as read for the third time and passed finally on this the / day of 1�_4 Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky , 19 0 , by the following vote: PASSED AND APPROVED, this the 7 day of 190 ATTEST: it y'Secry � APPROVED: 2 -1.... -BAY OF , 19.'O : J. BRUCE AYCOCK, CITY ATTORNEY MAY THE 1551_7 Y OF CORPUS CHRISTI, TEXAS Jr 'k STATE OF TEXAS, County of Nueces. SS: PUBLISHER'S AFFIDAVIT Before me, the undersigned a Notary Public, this day personally came ,..___... ELMA RODELA _, who being first duly sworn, according to law, says that he is the Vccounting Clerk of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication di _jQINL.pF ZWAGE 4F 4 mmag.g,M__0. 1 5 2 AMENDING THE PLATTING ORDINANCE ADOPTED......: of which the annexed is a true copy, was published in _ _ _ Corpus Christi Caller -Times on the 2� th day of....Ma.Y...__._.._ _ 19 80 , and once each.. consecutive.._......_-.__. _...._._ 7. Times. Elms Rodel Accounting Cle Subscribed and sworn to before me this.- i _..._:day of Na3 ....__...._.__.._...._...... 19 80 AcqQa Lois Winn Notary tt.lic, Nueces County, • OFT ORDNANCE NO. 19517 AMENDING THE PLATT- ING ORLl,INANCE,. ADOPTED BY erool- NANCE NV. 4145, AS AMENDED. BY AMEND- ING SUBSECTION F. PARKS AND PLAW- GROUNDS:OF$ CTION IV"_ - DESIGN STAIWAARDS, AS HEREINAFTER MORE FULLY SET FORTH; PRO- VIDING FOR SEVER ANCE. WAS PASSED AND AP- PROVED by the City CouncR of the City o1 Corpus Chris*, Texas during the Regular' Council Meeting held 000 the - 7th day of May, 1950, at 2:0Q- .m. and providing publico -Bon one time in the official— publication of the City o Cor pus Christi, Texas. ISSUED UNDER MY HAND Corpus Christi, he AND SEAL oftTexast thIS _.,l the Bth day ofBayI 198G. g. , City Secretory City of Corpus Christi,