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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, 4- 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. 2 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." 3 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." 4 (> 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. 5 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,' •_,