HomeMy WebLinkAbout17199 ORD - 08/11/1982AN ORDINANCE
AMENDING THE PLATTING ORDINANCE NO. 4168 TO 'REFLECT
AMENDMENTS THAT HAVE BEEN MADE TO ARTICLE 974(a) OF
VERNON'S TEXAS CIVIL STATUTES AND A FEE STRUCTURE TO
COVER ADMINISTRATIVE AND REVIEW COSTS OF THIS PROCESS.
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the title of Section III of the Platting Ordinance
No. 4168 is, hereby deleted and a new title substituted to read as follows:
"Section III. Procedure"
SECTION 2. That Section III, Subsection A is deleted and a new
Subsection A is hereby substituted to read as follows:
A. PRE -SUBMISSION CONFERENCE. Prior to submission of any plat
the developer is encouraged to confer with the staff on an informal basis to
discuss the proposed plat and any modification of existing covenants or deed
restrictions, the conformity of the proposed plat with the Comprehensive Plan
and its relationship to surrounding property, streets, drainage ways,
existing and proposed utilities, etc."
SECTION 3. That Section III, Subsection B is hereby renumbered to
Subsection G and a new Subsection B is hereby added to read as follows:
"B. GENERAL PROCEDURE. Each plat submitted for consideration by
the Planning Commission shall be processed according to the following
procedures, but no plat shall be accepted or processed for Planning
Commission consideration in which alterations, amendments or deletions to
original covenants or deed restrictions are proposed until such original plat
or portion of such original plat has been vacated.
1. Upon submission of a plat to the Planning Department a
determination shall be made as to whether the plat is classified as
a Type I; -Type_II, or Type III submission.
A Type I plat submission is a subdivision of land that has not
previously been platted or is a resubdivision or replat oil a
previously platted area which within the immediate preceding f4
years has not been limited by an interim or permanent zoning
classification, covenant or deed restriction to a residential use
of not more than two residential units per lot.
171D9
SEP 2 8 1984
miRLEMmirt,
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A Type II plat submission is a replat or resubdivision of land
which within the immediately preceding five years has been limited
by an interim or permanent zoning classification, covenant or deed
restriction to a residential use of not more than two residential
units per lot. A Type II plat submission shall require public
notice as mandated by Article 974a Vernon's Texas Civil Statutes.
A Type III plat submission is a replat designed to amend a
previous plat for any of the following purposes:
a. To correct an error in any course or distance shown on the
prior plat.
b. To add any course or distance which was omitted on the
prior plat.
c. To correct an error in the description of the real property
shown on the prior plat.
d. To indicate monuments set after death disability or
retirement from practice of the engineer or surveyor charged with
responsibilities setting monuments.
e. To show the proper location or character of any monument
which has been changed in location or character or which originally
was shown at the wrong location or incorrectly as to its character
on the prior plat.
f. To correct any other type of scrivener or clerical error or
omission as previously approved by the City Planning Commission;
such errors and omissions may include but are not limited to lot
numbers, acreage, street names, identification of adjacent recorded
plats.
g. To correct an error in courses and distances of lot lines
between adjacent lots where both owners join in the application for
plat amendment and neither lot is abolished provided that such
amendment does not attempt to remove recorded covenants or
restrictions and does not have a material adverse effect on the
property rights of other owners in the plat.
h. To relocate a lot line in order to cure an inadvertent
encroachment of a building or improvement on a lot line or on an
easement.
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2. Plats shall be considered by the Planning Commission only at a
regularly scheduled meeting.
3. Type I and III plats shall be submitted to the Planning
Department no later than 18 days prior to the date at which formal
consideration of the plat is to be made by the Planning Commission.
4. Type II plats shall be submitted to the Planning Department no
later than 32 days prior to the date at which formal consideration
of the plat is to be made by the Planning Commission.
5. The Planning Department shall transmit on Thursday following
the submission date copies of the proposed plat or replat along
with initial comments for review to appropriate officals or
agencies of the City, all franchised utilities operating within the
City and others as determined necessary.
6. The Staff Plats Committee, as designated by the Director of
Planning, shall meet at 8:30 a.m. Tuesday 8 work days from the
submission date.
7. On Monday prior to the Planning Commission meeting, corrected
plats shall be submitted no later than 12:00 noon. Failure to meet
this deadline shall require a resubmittal of the plat as if it were
a new submission."
SECTION 4. That Section III, Subsection C be renumbered to
Subsection H and that a new Subsection C be added to read as follows;
"C. FILING FEES. Filing fees shall be based upon the following
schedule. No action at the Planning Commission shall be valid until all
appropriate fees have been paid.
Less than 1 acre
1 to 5 acres
More than 5 acres
Type I Type II Type III
$100.00
200.00
325.00
$300.00
400.00
525.00
$ 25.00
25.00
25.00"
SECTION 5. That Article III, be amended by adding new Subsections
D through F to read as follows:
"D. RECORDING FEE. Fees to record approved final plats with the
clerk of the appropriate county shall be assessed with the final plat filing
fee. No action by the Planning Commission shall be valid until recording
fees have been paid."
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E. FEE REFUND AND EXCEPTIONS. Filing fees shall not be refunded
for any plat that is withdrawn or disapproved. Recording fees shall be
refunded if the final plat is withdrawn or disapproved by the Planning
Commission. These fees shall not apply to any plat prepared under Section
VI, Subsection B of this Ordinance."
"F. 1. Vacation of Plat. Any plat or any part of any plat may be
vacated by the owner of the land covered by the plat at any time before the
sale of any lot upon application and processing by the Department of
Planning.
2. Such application for vacation shall be approved by the
Planning Commission in the same manner as is described within this ordinance
for the approval of plats. The Planning Commission may reject any such
instrument which abridges or destroys any public rights or public uses of
improvements, streets, alleys, or park areas.
3. Such instrument shall be approved and filed in the same
manner as plats and when filed shall operate to destroy the force and effect
of the recording of the plat so vacated and to divest all public rights to
the streets, areas and public grounds and dedications laid out and described
in such plat.
4. When lots have been sold, the plat may be vacated in the
manner herein provided when all owners of the lots in such plat join in the
execution of the vacation in writing."
SECTION 6. That Section III, new Subsection G (formerly Subsection
B) Paragraph 1 in reference to Subsection A-2 (Filing Procedure) be amended
to read "Subsection B (General Procedure)" and that Subparagraph 1 under
Paragraph 1 in reference to eleven (11) copies be amended to read "Eighteen
(18) copies."
SECTION 7. That Section III, new Subsection H (formerly Subsection
C) Paragraph 1 in reference to Subsection A-2 (Filing Procedure) be amended
to read "Subsection 8 (General Procedure)"; that Subparagraph 1 under
Paragraph 1 in reference to eleven (11) copies be amended to read "Eighteen
(18) copies"; and that the second sentence of Item (e) under Subparagraph 1
of Paragraph 1 be amended to read as follows: The area of each lot in square
feet or acreage, building lines and easements shall be shown and shall be
defined by dimension."
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SECTION 8. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction it
shall not effect 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, word, phrase
or provision hereof be given full force and effect for its purpose.
SECTION 9. This ordinance shall be effective upon publication one
time in the official publication of the City of Corpus Christi, by publishing
the caption of this ordinance stating in substance the purpose, intent, and
effect of the aforesaid ordinance.
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That the foregoing ordinance was ead for t first time nd passed to its
second reading on this the / day of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance was read for th
third reading on this the 447"/ day of eco d time an passed to its
, 1 , by the
following vote:
Luther Jones
Betty N. Turner
, 19 5, 2 by the
Jack E-6-umphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles -W. Kennedy
Cliff Zarsky
That the foregoin zedinance wa 'ead for
on this the TIL= day of ime and passed finally
by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the //) day of 9 PI
ATTEST:
, 1
J. BRUC YCOCK, CIT ATTORNEY
By
As istant City 4rt nay
MA
THE C Y OF CORPUS CHRISTI, TEXAS
r71%
iiv394178
PUBLISHER'S AFFIDAVIT _ PIT Y OF C.C.
STAT g OF TEXAS, Lis,
'aunty of Nueces. )
/779s?
Before me, the undersigned, a Notary Public, this day personally came.
LORRAINE C„, MARTINEa ., who being first duly sworn, according to law, says that he is the
ACCOUNTING 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 of
NOTICE OF PASSAGE,...
THE CORPUS CHRISTI CALLER -TIMES
of which the annexed is a true copy, was published in
on the .16th any j AUGUST 19 8 2_, and once each . dR_q. .thereafter for_ one
consecutive du_
Times.
21.60
LORRAINE C. MARTINEZ .g_2241/Alf
ACCOUNTING CLERK
Subscyibed am1sworn to before me this.. 9th ...day of ..612TEMBER 19 82
EUGENIA 5. CORTEZ
N tary tthlic, Nueces County, Tex
PASSAGE
AMENDING THE PLAT ,
ORDINANCE NO, 17199'
107:42".7
ING ORDINANCE NO. 4 68
TO REFLECT AMEN)
MENTI 1 HAT HAVE BEEN
MADE -TO ARTICLE 974(fr)
OF VERNON'S TEXAS CIVI
IL STATUTES AND A FEP
STRUCTURE TO COVER
ADMINISTRATIVE ANp
REVIEW COSTS OF THIS
rROCESS,--
th:cspassed and approved bl
u'Ity Council of the City el
Corpus Christi, Texas on the
111,h day of August, 1982. Tba
full text of said ordinance is
available to the public In thsi
Office of the City Secretarfl
Bill G. Reaii
City Secretary,
c°0105,Chrlsti„Te001,'
•_,