HomeMy WebLinkAbout19835 ORD - 07/07/1987AN ORDINANCE
AMENDING THE PLATTING ORDINANCE, SECTION IV, DESIGN
STANDARDS, SUBSECTION G, PARKS AND PLAYGROUNDS; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the Platting Ordinance, Section IV, Design Standards,
Subsection G, Parks and Playgrounds, is hereby amended to read as follows:
Subsection G, Parks and Playgrounds.
05P.168.01
1. Dedication of Required Parkland
All residential subdivisions located within the City or
within the area of extraterritorial jurisdiction of the
City, shall be required to provide for the parkland
needs of future residents through the fee simple
dedication of suitable land for park and recreational
purposes. The dedication shall be shown on both the
preliminary and final plat and included in the
dedication statement of the plat. Within any
residential subdivision, the subdivider shall dedicate
five (5) percent of the total land area of the
subdivision for park purposes. The City may, with just
cause, allow deviations from the requirement of
dedication of land, as follows:
(a) The City may accept cash payment of monies in lieu
of land equivalent to the fair market value at the
time of construction start of five (5) percent of
the tract being finaled, said payment to be
deposited into the City's Park Trust Fund; or
(b) The City may accept any combination of land and
monies, or credits approved in substitution
therefor.
(c) Provided, however, the City may accept full
satisfaction of park dedication requirements for
all land in an approved preliminary plat, even
though only a percentage of the land is approved
in a final plat.
2. Standards for Dedicated Parkland
(a) Land dedicated for park and recreational purposes
shall be of a size, character and location
consistent with the standards outlined in the
Parkland Dedication Guidelines.
19835 MICROFILMED
(b) Should the City accept any monies in lieu of land,
such fees shall be placed in the City's Park Trust
Fund and shall be used for the acquisition and/or
improvement of a neighborhood park(s) which is the
most likely to serve the residents of said
subdivision. The park most likely to serve a
subdivision shall in no case be located more than
1-1/2 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. Any fees
paid in lieu of dedication must be expended by the
City within four years from the date received by
the City for acquisition, development, or any
combination thereof, for neighborhood parks 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.
(c) The subdivider shall have the option of
developing any required parkland dedication or
park used for parkland credit prior to acceptance
of the required subdivision improvements. Such
park improvements shall be in compliance with an
improvement plan approved by the City. Should
this option be exercised, the City and the
subdivider shall, prior to initiation of work on
such improvements, enter into an agreement for
credit of subdivider expenses for authorized park
improvements upon final acceptance of improvements
in the subdivision immediately adjacent to the
park. If the fair market value of 5 percent of
the tract is in excess of the value of the
approved improvements placed in the park, then the
excess shall be paid to the City before recording
of the plat. In no case shall the City be
required to reimburse the subdivider if the
subdivider chooses to improve parklands at a
greater amount than required.
(d) Should the subdivider choose not to develop the
required dedicated parkland the City shall improve
the dedicated parkland coincidentally with the
development of the subdivision. For the purposes
of this section, coincidentally means the City
shall provide minimum improvements to said park
when the subdivider has completed all required
subdivision improvements adjacent to the dedicated
05P.168.01
park area and upon acceptance of the required
improvements for maintenance by the City. Minimum
improvements under this section of the ordinance
shall include the establishment of permanent grass
and trees.
(e) Fees in lieu of land dedication shall be paid to
the City before recording of any final or portion
of the plat. Provided, if a plat is recorded for
only a portion of the subdivision said payment
shall be calculated only as to the acreage then
being platted, with the remainder calculated when
subsequently finaled, unless payment is on the
basis of all land in the preliminary plat as
permitted under 1(c) herein.
(f) The following shall be excluded from the
calculation for parkland dedication requirements:
1) Land developed for commercial, industrial,
and nonresidential church uses, or
2) Replats of existing platted areas which have
previously satisfied the park requirement, or
3) Plats of one -family residential subdivisions
containing lots of five (5) acres or larger,
provided a note is placed on the plat
indicating that the area encompassed within
the plat has not satisfied the park
requirements of the Platting Ordinance, and
the park requirement must be satisfied upon
the subdivision of the property or
development of the property for other than
one single-family dwelling, or
4) Private land devoted to recreational uses
owned and maintained by a homeowners'
association, country club, or the like, such
as golf courses, equestrian trails, hike and
bike trails, lakes and other bodies of water,
or
5) Wetlands which would require a permit from
the U.S. Army Corps of Engineers for the
discharge of fill or dredge material.
a) Those wetlands will not be accepted as
satisfaction of the park requirement.
b) Determination of those wetlands shall be
made by a representative of the U.S.
Army Crops of Engineers and shall be the
responsibility of the subdivider.
05P.168.01
c) Wetlands which may not be accepted as
satisfaction of the park requirement may
possibly be donated as a gift to the
City for use as passive recreational
open space. All said donations are to
be approved by the City Council.
Provided, however, should it be desired to make
residential use of the above 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.
(g) A subdivision for which a preliminary plat was
approved on or before the effective date of this
Ordinance, may comply with the requirements of the
previous ordinance or this Ordinance upon the
election of the subdivider.
(h) Up to fifty (50) percent of the park dedication
requirement may, at the discretion of the City, be
fulfilled by privately owned and maintained park
and recreation facilities. Credit for private
parkland must meet the standards of the Parkland
Dedication Guidelines concerning adequate size,
character, and location.
(i) Areas within any FEMA designated floodway or
velocity zone may be dedicated in fulfillment of
the dedication requirement subject to the
following additional restrictions:
1) Areas in any floodway or velocity zone may be
given up to a 50 percent credit against the
requirement of park dedication provided that
additional lands outside of floodway and
velocity zones or equivalent monies are
dedicated to fulfill the remaining dedication
requirement.
2) The area shall meet any standards for
floodways and velocity zones specified in the
Parkland Dedication Guidelines.
(j) 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.
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 pay the cost of any
utility extensions required to serve the park.
05P.168.01
(3)
However, park trust fund and park bond fund monies
shall not be used for these improvements.
(k) When the subdivision is to be developed in stages
or by units, and the final platting of the park
areas 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.
Submittal Requirements
The City shall have the option of requiring information
relating to the proposed dedication site(s) and
improvements in order to assess that the provisions of
the Ordinance are achieved.
(4) Interpretation and Guidelines
The City Manager and his staff shall promulgate
guidelines not inconsistent with this Ordinance.
SECTION 2. 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 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.
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 for
efficient and effective administration of City affairs, such finding of an
emergency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at three regular meetings so that this
ordinance is passed and shall take effect upon first reading as an emergency
measure this the day of , 19
ATTEST:
City Secretary
7�K t
APPROVED: 91 DAY OF , 191? -1
05P.168.01
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi,•Texas
A14day of /)
, 198/7
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, Respectfully,
Council Members
YOR U
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
99.045.01
19835
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, Iss: AD #25851
County of Nueces. CITY OF C .0 .
Before me, the undersigned, a Notary Public, this day personally came
IR -IS YAP
ACCOUNTING CLERK
.., who being first duly sworn, according to law, says that he is the
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 OF ORDINANCE # 19835 AMENDING THE PLATTING ORDINANCE1 SECTION
of which the annexed is a true copy, was published in CALLER TIMES PUBLISHING COMPANY
on the._..13tflay of _ _ JULY 19.....87and once each. day thereafter for each
consecutive aAY
_...-aria Times.
__.20.70
IRIS YAP
Subscribed and sworn to before me this.1.4.th of JULY 19 87—
Notary Public, Nueces County; Texas
EUGENIA S. CORTEZ 6.30.89
NOTICE OF PASSAGE OF
ORDINANCE # 19835 1 ,
AMENDING THE PLATTINGI-
ORDINANCE, SECTION IV,I
DESIGN STANDARDS, SUB-! 0
SECTION G,,PARKS AND..... +'
PLAYGROUNDS;, AND DEN '',,, 0
CLARING AN EMERGENCY. , ,
Wak passed and approved°-,�.
by the City Council of the Cnyt2 ,tis J
of Corpus Christi. Texas on
the 7th day of July, 19871
The full text of said ordinance .
is available to the public to Mei Lf 1.,
Office of the City Secretary .
is
/s/ Armando Chapa,
City Secretary,
Cay of Corpus Chnse,
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