HomeMy WebLinkAbout18802 ORD - 04/23/1985TEXAS:
AN ORDINANCE
AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED,
SECTION IV, DESIGN STANDARDS, SUBSECTION G, PARKS AND
PLAYGROUNDS AND ADDING A NEW PARAGRAPH K TO SECTION II,
DEFINITIONS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the Platting Ordinance No. 4168, Section IV, Design
Standards, Subsection G, Parks and Playgrounds, is hereby amended to read as
follows:
G. PARKS AND PLAYGROUNDS
1. Due consideration shall be given to the dedication
of suitable sites for residential neighborhood
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 percent 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 percent 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
18802 MICROFILMED
meeting at which the plat is scheduled
to be considered.
(3) Monies deposited in lieu of land
dedication within residential
subdivision of less than 20 acres shall
be used for the purchase or improvement
of the park most likely to serve future
residents of these subdivisions. The
park most likely to serve a subdivision
shall in no case be located more than 11
miles from the subdivision, taking into
consideration such factors as the
proximity of major barriers to
accessibility, such as freeways,
navigable streams and bodies of water.
(4) For each platted subdivision for which
the City receives monies in lieu of land
dedication, the City shall deposit such
monies into a trust fund and shall
separately credit such monies to the
account of the park determined by the
City to most likely serve that
subdivision. Any funds paid for such
purposes must be expended by the City
within two years from the date received
by the City for acquisition,
development, or any combination thereof,
of a neighborhood park as defined
herein. Such funds shall be considered
to be expended on a first -in first -out
basis. If not so expended, the owners
of the respective property, on the last
day of such period shall be entitled to
a pro rata refund of such sum computed
on a square footage area basis. The
owners of such property must request
such refund within one year of
entitlement in writing, or such
entitlement shall terminate.
(b) Within any residential subdivision of 20
acres or more, located within the city or
within the area of extraterritorial
jurisdiction of the city, the subdivider
shall be required to dedicate 5 percent of
the total area of the subdivision for park
purposes at a location to be designated by
the Planning Commission. However, within any
residential subdivision of 20 acres or more
02.016.02 2
containing lots of one (1) acre or larger,
the subdivider shall have the right to
request that the park dedication be satisfied
by depositing monies in accordance with
paragraph (a) (2) above. The subdivider
shall also be required to file restrictive
covenants to provide that these lot areas
shall not be reduced until a satisfactory
replat of such subdivision or portion thereof
is approved by the Planning Commission. The
plat shall be submitted to the Park Board for
review and recommendation as to the
designation of land for park purposes or
monies in lieu of park land dedication. To
be considered by the Commission, such
recommendation shall be submitted to the
Department of Planning by the Monday prior to
the Planning Commission meeting at which the
plat is scheduled to be considered.
(c) Within any commercial or industrial
subdivision or property to be used solely for
nonresidential church purposes including
monasteries, cloisters, and convents, located
within the city or within the area of
extraterritorial jurisdiction of the City,
the subdivider shall not be required to
dedicate parkland or monies in lieu thereof.
Provided, however, that if it should be
desired to make residential use of the
property at some future time, no building
permit shall be issued for residential
construction and no residential construction
shall commence until the owner satisfies the
then existing requirements in the platting
ordinance for park dedication or park
payments. (Ordinance No. 17317; passed
10/20/82).
(d) Within any residential subdivision that
includes wetlands which would require an
individual permit from the U.S. Army Corps of
Engineers for the discharge of fill or dredge
material, those wetlands shall be excluded
from the calculation of land area which must
satisfy the park requirement as described
herein. Additionally, those wetlands will
not be accepted as satisfaction of the park
requirement. Determination of those wetlands
02.016.02 3
shall be made by a representative of the U.S.
Army Corps of Engineers and shall be the
responsibility of the developer.
Wetlands which may not be accepted as
satisfaction of the park requirement may be
donated as a gift to the City for use as
passive recreational open space.
(e) The above subsections (a), (b), and (c) shall
not apply in the following cases: (i) A
replat of an existing platted area which has
previously satisfied the park requirement, or
(ii) For plats of one -family residential
areas of five (f) acres or more, in which not
more than one (1) lot is created, provided a
note is placed on the plat indicating that
the area encompassed within the plat has not
satisfied the park requirements of the Corpus
Christi Platting Ordinance Number 4168 as
amended, and the park requirement will be
satisfied upon the subdivision of the
property or development of the property for
other than one single-family dwelling, or
(iii) For any property which was improved for
purposes other than agricultural uses prior
to March 15, 1963, and not being subdivided.
(Ordinance No. 16942; passed 3/17/82)
(f) 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.
(9)
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 dedication of such park. The form of
such contract shall be provided by the City
Legal Department.
The city shall bear its portion of the cost
of curbs, gutters, sidewalks, and paving on
any streets bounding the park in the
subdivision being dedicated and shall also
02.016.02 4
pay the cost of any utility extensions
required to serve the park.
(h) The city shall improve the dedicated park
area coincidentally with the development of
the subdivision. For the purposes 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
acceptance 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 useable as
an active or passive recreational area
together with the establishment 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 improvements
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. (Ordinance No. 15517; passed
5/7/80)
2. Any final plat approved by the Commission within
six months from May 7, 1980, located in the area
north of Highway #37 and west of the present city
limits of the City of Corpus Christi and developed
for industrial purposes is exempt from any park
and recreation requirements. (Ordinance No.
15933; passed 12/17/80)
SECTION 2. That the Platting Ordinance, Section II, Definitions, be
amended by adding a new paragraph K to read as follows:
02.016.02 5
K. NEIGHBORHOOD PARKS. Those parks providing for a
variety of outdoor recreation opportunities and within
convenient distances from a majority of the residents
to be served thereby.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
amending the Platting Ordinance at the earliest practicable date, such finding
of an emergency is made and declared requiring suspension of the Charter rule as
to consideration and voting upon ordinances or resolutions at three regular
meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure this the 23rd day of April, 1985.
ATTEST:
Cit ecretary
APPROVED: 23 J DAY OF APRIL, 1985
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assist C y At 4 ne
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
02.016.02 6
Corpus Christi, Texas
e2.27?1, day of
, 198r
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed y the following vote:
Luther Jones 1
Dr. Jack Best
David Berianga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
18802
STATE OF TEXAS,
County of Nueces.
}BS:
PUBLISHER'S AFFIDAVIT
Before me, the undersigned, a Notary Public, th day y
MARGARET RAMAGEY
who being first duly swo { rding to larw,ays that he is the
COMMUNITY RELATIONS SUPERVISOR
of the Corpus Christi C
Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE #18802 AMENDING THE PLATTING
of which the annexed is a true copy, was published in Caller -Times Publishing Co.
{
on the...-29thday of April -- --.. 19 85 and once each._..... y-.._. therraftFr for
da one.
consecutive
:day
ONE Times.
17.25 MARGARET RAMAGE
712
Subscribed and sworn to before me this 30th
EDNA KOSTER 11-30-88
Agrl
19 85
otary Public, Ndeces Canty, Texas