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
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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)
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(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
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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
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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
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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)
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01111 I
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:
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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.