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HomeMy WebLinkAbout022354 ORD - 09/19/1995AN ORDINANCE AMENDING THE PLATTING ORDINANCE, SECTION IV, DESIGN STANDARDS, PARAGRAPH A, STREETS, SUBPARAGRAPH 19, PRIVATE STREETS, BY ELIMINATING THE REQUIREMENT FOR A 24 HOUR SECURITY GUARD OR A SELF -ACTIVATED GATE AT THE ENTRANCE TO THE PRIVATE STREET AREA AND CLARIFYING THE PROPERTY OWNERS OBLIGATION FOR MAINTENANCE OF PRIVATE STEETS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE AND PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning an amendment to the Platting Ordinance of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, August 9, 1995, during a meeting of the Planning Commission and on Tuesday, August 29, 1995, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that the hereinafter set forth amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Platting Ordinance of the City of Corpus Christi, Texas, is amended by making the changes hereinafter set out. SECTION 2. That the Platting Ordinance, Section IV - Design Standards, Paragraph A, Streets, Subparagraph 19, Private Streets, is amended to read as follows: SECTION IV. DESIGN STANDARDS A. Streets 19. Private Streets. Private streets not included in a Planned Unit Development (PUD) shall be allowed in a residential subdivision subject to meeting all subdivision regulations and other conditions set forth below: (a) General: Private street(s) shall be the principal access easement between a public 95N1-12840.204 / PvtStreet Amendment 9-12-95 MICROFILMED 2 street and a platted lot which does not abut a public street. Such private street(s) are not dedicated to the public and are not publicly maintained. The term "private street" shall include both the pavement and easement areas of streets, alleys, or service roads within such development. (b) Access: A private street shall be labeled on the plat as an access easement and be assigned a lot and block number from its subdivision. Private streets will be reserved for use by owners and residents, served by such private streets and all governmental entities, providing services and regulatory enforcement, as well as private service entities. Access to subdivisions containing private streets may shall be controlled by 24 hour security guard or a self -activated gate at the entrance. The gate shall be of a breakaway model which will not damage emergency vehicles responding to a call. All entries to private streets from public streets shall be clearly signed by the owners or their association as a "Private Street". (c) Lots: A private street shall be designated as a non -buildable lot. All buildable lots within the subdivision shall have access only to a private street and double frontage lots shall be prohibited. (d) Private Street Names: Private streets shall be named so as not to conflict with other street names, whether public or private. (e) Design Standards: The design standards for private streets, including construction standards, widths, all geometric standards, grades and alignments, shall be the same as required for public streets as set out in Platting Ordinance No. 4168, as amended, and the Driveway Ordinance No. 19105 as amended. The width of the easement for a private street shall be the same as required for the right-of-way of a public street of a similar projected carrying capacity. Any residential subdivision incorporating private streets shall have secondary entrances accessible from public right-of-way for emergency vehicle access, with the design and location subject to approval of the Planning Commission. (0 Construction: Prior to recording of the final plat with the County Clerk, the subdivider shall submit, for the Director of Engineering Services/City Engineer's approval, construction plans of the proposed private street(s) which meet the Platting Ordinance standards. Additionally, the construction of private streets shall be inspected and approved by the Director of Engineering Services/City Engineer in the same manner prescribed by the Platting Ordinance for public streets and any fees required for inspection shall be paid prior to and are not refundable. Utility Connections: Utilities to any part of the subdivision shall not be connected until the Director of Engineering Services/City Engineer has issued a certificate of compliance of proper construction for water, drainage, wastewater, and private streets. (g) 95NH2840.204 / PvtStreet Amendment 9-12-95 3 (h) Easements: Easements for extension of utilities, along or across private streets, shall be shown on the plat as requested by Staff. (i) Maintenance: The plat shall make reference to recorded restrictive covenants which shall provide for the perpetual maintenance of private streets by a homeowners' association to the same standards as connecting city streets for the safe use of persons using the streets, and state that the City has absolutely no obligation or intention to ever accept such streets as public right-of-way. Such covenants contained in this subsection (i) as approved by the City, shall not be altered without the City's approval through action by its City Council. The restrictive covenants shall be recorded prior to the recording of the plat. (j) Setback and Frontages: All private street access easements shall be treated as public street rights-of-way for purposes of determining building setback requirements and lot frontages. (k) Future Dedication: Should the lot owners abutting private streets or the homeowner's association request the City to accept dedication of the private street as a public right- of-way for purposes of maintenances, a condition of such dedication, if approved by City Council, shall require that the private street meet all City standards and be in satisfactory condition for the safe use of such street by the general public. Any such dedication shall require a replat showing the same. (1) Parks: Residential subdivision, served by private streets, shall meet the park dedication ordinance requirement of 5 percent of land area should the Staff determine the subdivision of sufficient size to merit such park, and that park will be owned and maintained as a private park in perpetuity. (m) If Staff determines that the subdivision would not require a park dedication, then a cash donation of 5 percent of the land market value will be made to the City in lieu of the dedication and such monies will be expended in accordance with the park requirements further described in the Platting Ordinance. Street Lighting: Street lighting shall be in compliance with City design requirements and installed on all private streets. Should public dedication of the private streets occur, the City will only assume maintenance and operation responsibilities for street lights conforming with City standards (i.e., style, spacing, and illumination intensity). (n) Traffic Control Devices: Traffic on all private streets shall be controlled, guided, and warned by traffic control devices (signs, markings, signals, etc.) In conformance with City and State standards. (0) Hold Harmless: The plat shall contain language whereby the homeowners association agrees to release, indemnify, defend, and hold harmless any governmental entity for damages to private streets occasioned by 95NH2840.204 / PvtStreet Amendment 9-12-95 4 the reasonable use of government services vehicles; and/or damages to other persons' properties and/or vehicles claimed as a result in street design or construction. SECTION 4. That a violation of any provision of this Ordinance by any subdivider shall constitute a misdemeanor in accordance with Section XI - Penalties, of the Platting Ordinance. SECTION 5. 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 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 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective for all plats recorded after September 1, 1995. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the 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 two regular meetings so that thi7,ordinance is passed and shall take effect upon first reading as an emergency measure this the j 4 day of jC 24- YYt iat , 1995. ATTEST: ity Secretary THE CITY OF CORPUS CHRISTI MAYOR t� THE CITY OF CORPUS CHRISTI APPROVED THIS THE 8TH DAY OF SEPTEMBER, 1995: JAMES R. BRAY, CITY ATTORNEY ert J. Hart, Assist. SQj y ttorney 95NH2840.204 / PvtStreet Amendment 9-12-95 T" if 5 Corpus Christi, Texas 6i day of , 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR THE CIT' 0 CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Mary Rhodes 0,t,y o (A)9. 1,: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 95NH2840.204 / PvtStreet Amendment 9-12-95 --9r- ^Irr %vr PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 136724 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022354 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 25TH day(s) of SEPTEMBER. 1995. ONE (11 Time(s) -� 01111 I e '. O t. *Ire ova • : '\14, 0. Vice -President and Chief Financial Officer Subscribed and sworn to before me this 3RD day of OCTOBER. 1995. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.