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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