HomeMy WebLinkAbout027527 ORD - 12/11/2007Page l of 14
AN ORDINANCE 027527
AMENDING THE CITY OF CORPUS CHRISTI PLATTING ORDINANCE BY
REPEALING SECTION IV. G. "PARKS AND PLAYGROUNDS," AND
ADOPTING A NEW SECTION IV. G. "PUBLIC OPEN SPACE," TO
PROVIDE FOR THE DEDICATION oFPARK AND PUBLIC OPEN SPACE
ON THE PLATTING OF PROPERTY, THE CREATION OF A COMMUNITY
ENRICHMENT FUND AND PAYMENTS THERETO, PAYMENT of FEES IN
LIEU OF LAND DEDICATION, PAYMENT OF A PARK DEVELOPMENT
FEE, PROVIDING FOR PARK DEVELOPMENT IMPROVEMENTS,
PROVIDING FOR DEDICATION OF LAND OR PAYMENT OF FEES AFTER
FILING OF THE PLAT FOR THE PROPERTY AND UPON THE REPLAT
OF PROPERTY, AND PROVIDING FOR REVIEW OF DEDICATION
REQUIREMENTS; PROVIDING FOR SEVERANCE; PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Unified Development Code Parks focus group has reviewed the
proposed provisions of the Unified Development Code relating to parks and public open
spaces and has recommended revisions to the relevant provisions of the Platting
Ordinance;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
October 3, 2007, during a meeting of the Planning Commission, and on Tuesday,
November 13, 200 7, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this ordinance would best serge
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. The Platting Ordinance, Section IV "Design Standards," subsection G.
"Parks and Playgrounds" is hereby repealed.
"SECTION IV. DESIGN STANDARDS
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027527
:\ U E' 1\ Ind \LOCALS-1\Temp\ rd -Platting Ord -Open Spaces-- oun iL.do
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parkland needs of future residents through the fee simple
final plat and included in the dedication statement of the plat.
purposes. The City may, with just cause, allow deviation&frm
i * i •
�:- G. 1. a)
The City may accept cash payment of monies-in-l-ieu-of
construction start of five (5) percent of the tract being
Park Trust Fund;
monies, or credits approved in substitution therefore; or
IV. G. 1. c) Provided, however, the City may accept full satisfaction
approved preliminary plat, even though only a
IV, - G. 2. Standards for Dedicated Parkland.
be of a size, character, and location consistentwith the
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Guidelines.
IV. G. 2. b)Should the City accept any monies in lieu -of land, the fees
f
e
NO
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freeways, navigable streams, and bodies of water. Any
City for acquisition, development, or any combination
thereof, for
to be expended on a first -in first -out basis. If not s
ii
:\D ME 11 I nda \L lL ^"1\T rnp\ rd -Platting Ord—Open pa es— oun il.do
last day of the period, shall
Page 3 of1
refund within one year of enti lenient in writing, or the
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imp-r-evements. Such park improvements shall be i
i
su-bdivider's
expenses for --authorized-park
the fair market value of -
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e the subdivider if--th-e
completed - all
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acceptance -
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Fees in lieu f -
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"
"
nonresidential church uses;
N-- - G. 2. f) R pi t -of-- existing- platted areas which have
previously satisfied the park requirement;
- 2. f) 3) Plats of one -family residential subdivisions
that the area n or pass d within the plat has
Platting Ordinance, and the park requirement
property or development of the property for other
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e
r
equestrian trails, hike and bike trails, lakes and
other-bedies-Gf-waterer
.
a
U. S. Army Corps of Engineers for the discharge
of -fill -of -elfeclge-materia
IV. G. 2. f) 5) (a) Those wetlands will not be accepted as
made by a representative of the U. S.
�
e
possibly be donated as a gift to the City
space. All said donations are to e
approved by the City Council.
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Provided, however, should it be desired to
permit shall be issued for residence
.e.
construction shall commence until the
owner satisfies -- the- then ----
i
1V.- -- G f) Property previously owned by Padre Island
ee
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10169 f September 17, 1971, which
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the provision f water to P I I C property dated
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provisions of this section as having satisfied -the
area contained in Cape Summer Unit I, Cape
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Unit 11 shall remain a total of 45.95 acres for the
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uplands
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and flats
contained in —the
(Ordinance 22848, 02/11197)
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requirement -r y, at the discretion of the City, be
recreation facilities. -
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meet the ---standards - f the Parkland Dedication
Guidelines concerning adequate size,character, and
i
requirement subject to the follol
Ie1ton
eee
;pee
Dedication Guidelines.
IV. G. 2. j) The area ofthe park to be dedicated shall be measuced
i i i i i e i
e s e
construction begins.
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the subdivid :r shall complete and deliver, to the
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future -dedication o
such park. The form o
uch
Department.
CADOCUME-1\GlendaG\LOCALS—lgemplOrd-Platting Ord—Open Spaces-- oun il.doc
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ordnance.
(Ordinance No. 19035, 07/07/8-7)"
SECTION 2. The Platting Ordinance, Section IV "Design Standards," subsection G. is
adopted and shall read as follows:
"SECTION IV. DESIGN STANDARDS
IV. G. PUBLIC OPEN SPACE
111. G. 1. Purpose
IV. G. 1. a The • ur • ose of this Section is to . ro ride recreational areas in the
form of public parks as a function of the subdivision of land for
residential uses and_ie vinnt in the City.
IV. G. 1. b Public parks are those public open spaces providing for a variety of
outdoor recreational opportunities and located within convenient
distances from a majority__of_the residences to be served. The
primary cost of public parks should be borne by the ultimate
residential property owners rho_reason _of the proximity of their
prprty to such parks, shall_be the primary beneficiaries of such
facilities.
IV. G. 2. Ap_plicability
IV. G.__2._ Public park dedications __hall apply to both land and development
costs for _such Larks for residential subdivisions of any housing
type.
IV. G. 3. Exemptions
IV. G. 3. a) The following shall be excluded from the requirements of this Section:
Land developed forr tial uses;
(2) of exisin _plat _ r s or amending
plats which have previous[y_satisfied the requirements of this
Section;
(3) Plats of simple -family residential subdivisions containing lots of
five acres or larger, provided _a_n e_ is_ placed on the plat
indicating that the area encompassed within the plat has not
satisfied the re. uirements of this Section and that such
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requirements shall be artifid upon the subdivision of the
ro • rt or d vlo. mnt of the • ro ert for other than one
ftgI-farniIy dwelling; or
(4) Wetlands that would require a permit from the U. S. Army
Cors of En • ineers for the dis h r.e of fill or dred •e
material.
(a) Those wetlands shall not be accepted as satisfaction of
the requirements of this Section.
(b) Dete) Determj_nation of those wetlands shall be made by
representative of the U. S. Army Corps of Engineers
or certified wetlands delineator and shall be the
responsibility of the applicant.
IV. G. 3. b) Should it be desired to make residential use of the land listed in
• ara • ra • h a above no bu ildin • • rmit shall be issued for
residential construction and no residential construction shall
commence until the owner satisfies the reuirements of this
Section.
IV. G. 3. Property previously owned by Padre Island Investment Corporation
(PLIC) as covered by the Water Agreement _authorized by
Ordinance No. 10169 of September 17, 1971, which incorporated
by reference Agfeements related to the provi i n_of water t PI_I_Q
property dated September 30, 1970 and January 5. 1968, other
than Cape Summer Unit 1, Cape 5umm r Unit II, _and
Commodore's Cove Unit 11 subdivisions is exempt from the
parkland dedication provisions of this_ Section as havin satisfied
the rovisions of that a.r ement a ce•tthatthe area contained in
- __Sumrn r Unit 1, Cape Summer Unit 11 and Commodore's
Cove__ Unit_ lj subdivisions shall not be exempt fron _ parkland
dedication provided that the park dedication shall be in accordance
with this section The7park dedication requirement_ for ___Cape
Summer Unit 1, Cape Summer Unit 11 and Commodore's Cove Unit
11 shall remain a total of 45.95 acres for the three units; and that not
more than 50 percent credit may be given upon the dedication of
not more than 50 acres of habitat area corarised of u .lands and
flats contained in the Commodore's Cove Unit 11 area.
IV. G. 4 Community Enrichment Fund
IV. G. 4_. There is hereby established a special fund for the deposit of all sums
maid in lieu of land dedication in_ accordance with this Section or
any preceding regulations. The fund shall be known as the
`#Co n n pity_ Enrichment Fund".
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IV. G. 4. b The City shall account for all sums___paid in lieu of land dedication
under this Section with reference to the individual plats involved.
Any funds paid for such purposes shall_be expended by the City
within seven ears from _the _ date received _by__the___City for
ac. isition or deelo . rent of a • ublic • ark. Such funds shall be
considered to be spent on a first in, first out basis. If not so
expended, the owners of the property on the last day of such
period shall be entitled_to a pro rata refund _s ch s m,_ coa p ted
on a square footag_ area basis. The owners of such prC
shall request such refund within 12 months prior to the last day of
the _seven years of entitlement, in writing or such entitlement shall
be terminated.
IV. G. 5 Land Dedication
IV. G. 5. a) Whenever a final plat is _filed of record within the City's jurisdiction
cit limits ET',J for develomeat of a residential subdivision such
plat shall contain a clear fee simple dedication of an area of land
within the subdivision to_ thCity for park purposes.
Ill. G. 5. b) For subdivisions where all Tots are for single-family housing types,
the dedication requirement shall be determined by the ratio of
one acre for each 100 proposed dwelling units. (Example: 1
dwelling unit d = 0.01 acres; 25 du's = 0.25 acres; 75 du's =
0.75 acres; 200 du = 2 acres.)
IV. G. 5. c) For subdivisions where all lots are for multifamily housing types the
dedication requirement shall be determined by the ratio of one
acre for each 200 proposed dwelling units. (Example: 1
dwelling unit d u = 0.005 acres; 25 du's = 0.125 acres; 75 du's =
0.375 acres: 300 du = 1.5 acres.)
N. G. 5. d) For subdivisions with both single-family and multifamily housing types,
the appropriate dedicationfequirement in SectionJV._ Q_.
Section IV. G. 5. c) shall apply.
r .__G. 5. ____A preliminary plat shall show the area proposed to be dedicated
under this Section. The required land dedication of this subsection
may be met bya payment of mpney_in lieu of land when permitted
or required by the other provisions of this Section.
Ill. G. 5. f) In the event that parkland dedication is required, however a
preliminary or finl_p-jt is not regird,this dedication shall be met
prior to the issuance of_ building permit.
IV. G. 5. 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.
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IV. G. 6 Fee in Lieu of Land
IV. G. 6. a The Cit ma r • uire a fee in lieu of land dedication. Before makin
this decision the City shall obtain a recommendation for the cash
rent in lieu of land from the Parks and _Recreation Advisory
Committee. Such • a rent in lieu of land shall be made at or . rior
to the time of filing the - final plat_ or prior to the issuance of
buildinermit where a plat is not required.
Ill. G. 6. b) The fee in lieu of land dedication requirement shall be met b a
- !payment pro rkional to_ _the_ amount of land required to be
dedicated and usin the fair market value of the land at the time of
construction start. The value shall be determined b a valid closin •
statement dated within the last twelve month_ or_ greed upon by
the developer and the City.
IV. G. 6. c Should the the_City accept the fee ire-iieu of land, the fees shall be placed
in the City's Community Enrichment_Fund and shall_be used for the
ac• uisition or im •rovement of •arks most like) to serve the
residents of the subdivision. The park_ most_ likely to serve a
subdivision shall in no case be located more than one and one-half
miles from the subdivision, taking into consideration factors such
as the • roxi it of ma -or barriers to accessibilit in lud in •
freeways, navigable streams and bodies of water.
IV. G. 6. d Community Enrichment Fund monies shall be used only for parkland
acquisition and park development including utility extensions
required to serve -recreational areas.
IV. G. 7 Park Development Fee
IV. G. 7. a In addition to the land dedication or fee in lieu set forth in Sections I.
G. 5 and IV. G. 6 above;_ her h ll__ I _ _ fkPeveIopment Fee
of $200 per dwelling unit._ The fee_ shall_be reviewed by City Council
only once every two year__nd may be revised as necessary _Iv an
ordinance of the City Council._ Any increases to the_fee_should
sufficient to provide for development of the land to meet the
standards for a public park to serve-th _ subdivision__
IV. G. 7. b The fee shall b__H.Ited prior to recordation of the final plat. When -
nonresidential subdivision is developed later as single family,
multifamil assisted livinor nursinhome dev to s rent the fee will
be collected
rior to issuance of the building permit.
Ill. G. 7. Cash payments may be used my for deyeropment_ f_ pu_blic
recreational area that will serve the subdivision consistent with the
Prk_q,__Frtin and Open Space Master Plan.
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IV. G. 8 Park evel p en Improvements
IV. G. 8. a) An applicant may propose to construct the public park improvements
in lieu of the ark development fee described _i _ Section_ !YG6 or
IV.G.7 the City can approve the applicant's proposal, a
recommendation is re • uired from the Parks and Recreation Ad iso
Committee. Alt im
rovements shall either be financially guaranteed or
accepted by the City prior to the filing of a final plat in the case of
platted developments or prior to issuance of certificates of occupancy
in the event that plat approval is not required. T he pr cess of financial
• uarantee shall be the same as that found in Section V.A.3 and shall
be used whether a plat - appr y l -__is_ required or not. Once
improvements are accepted b _tl e City the applicant shall deed the
property and improvements to the City.
IV. G. 9 Additional Dedication
IV. G. 9. a) The dedication required_ by this Septior __ h ll be made by filing of the
final _plat or concurrently by separate instrument unless additional
dedication is required _subsequent to the filing f_t ► _finl_plt.__If the
actual number of completed dwelling units exceeds the fiure upon
which the origjnal_dedication was based, additional dedication shall
be rewired and shall be made by the subdivider by payment of the
cash in lieu of lnd_mount provided above, or_b_y the onreyne_ of
additional land_rcired the City.
IV. G. 9. b For residential_ development where parkland_ vias neither previously
dedicated nor payment was made with the filing_ of a plat, the
additional dedication or payment in lieu of lard _rird_y _lis
Section shall _b_ made at the time of the building permit application.
IV. G. 10. Prior Dedication
IV._G. 10. Credit shall be Oven _for land or monpy dedicated in accordance with
this Section.
IV. G. 10. - _ _If a dedication_ requirement arose prior to the effective date of this
Ordinance that dedication requirement shall_be controlled _b the
public open space dedication requirements in effect at the time such
Qbliqation_arose, except_that additional dedication shall be required if
the actual densityof structures constructed upon the property is
greater than the former assumed density. Additional dedication shall
be required nlr_frthe increase in density and shall be based upper
the ratio set forth in section IV.G.5 of this section. Properties within
the Renewal Community boundaries that have not previously satisfied
public open_wace pacededication requirement (previously__ r
dedication requirement) will be required to pay fifty percent ° f
the -_park dedication fee.
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IV. G. 11. Additional Requirements
IV. .G. 11 a Anted dedicated to the Cit ,r ander this Section shall be suitable for
park and recreation_uses_as determined the City.,
IV. G. 11. b) Detention or retention areas maybe acce•ted in addition to the
required dedication. If accepted as part of the park, the detention or
retention area d si h ll be as recommended by the Parks and
Recreation Department and shall meet -- II park requirements
consistent with the Parks, Recreationand Open Space Master Plan.
IV. G. 11. c) Parks should be easy to cess and open to public view so as to
benefit area develo•ment enhance the visual character of the City,
protect _public safety and minimize conflict with adjacent _land uses.
The followin • • uidelines should be used in desl • nin. •arks and
adjacent development.
LV:_11]j1) _Where - physically feasible ark sites should be located
adjacent to leen re s or schools in order to encourage both
shared facilities and the potentialco-development of new sites_
I1._G. 11. pi2 A proposed subdivision adjacent to a park shall not be
designed to restrict reasonable access to the park from other
area subdivisions. Street and greenways connections to
e istin• or future ad+oinin• subdivisions ma be required to
provide reasnbl_aess to parks.
IV. G. 11. e 3 Streets abutting a public park shall be built in accordance with
the Corpus Christi Urban Transportation Plan and the
standards of this Ordinance- however the City may rewire any
local access street built adjacent to a park to be constructed to
collector width shall onlbe required at park frontage to ensure
access and prevent traffic congestion. The applicant may
request oversize partipipation in such instance.
IV. G. 12. Review of Dedication Re uirernents
IV. G. 12. a The City Council shall review the fees set forth in this Section only
once every two years. The Cit Council shall take into account
inflation as it affects land and . ark d evel o • rent costs as well as
the City's tar. eted level of service for • arkland • er 1 000
population.
IV. G. 13. Submittal Requirements
IV. G. 13. a) The City shall have the option of requiring information relating to the
proposed dedication site(s) and inn • rovements in order to assess that
the provisions of the ordinance are achieved."
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SECTION 3. 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 . That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 5. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 6. Publication shalt 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 take effect upon and after publication of this
ordinance.
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Page 14 of 14
That the foregoing ord ante wa reap s for the first time and passed to its second
reading on this the -day of
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
2007 by the following vote:
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cut hon
That thJp foregoing ordinance was read for the second time and passed finally on this
the , I Im-day of biemtha , 2007, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
PASSED AND APPROVED this the Jday of btu. vJQA_ , 2007.
ATTEST:
Armando Ch pa, City Secretary
Approved: November 7, 2007
B
i60
Ga ' W. Smith
Assistant City Attorney
For City Attorney
CI F CORPUS CHRISTI
027527
41 4 4 'Ali AJ
ry Garr
t, Mayor
CADOCUME-1‘GlendaMLOCALS-11Ternp‘Ord-Platting Ord -Open Spaces— oun il.do
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF' CORPUS CHRISTI
Ad # 5830327
PO #
Before me, the undersigned, a Notary Public, this day personally came CRIS
HURTADO, who being first duly sworn, according to law, says that she is
LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, 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. 027527which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
12/17/2007,12/17/2007.
$172.41
1Time(s)
On this HI' day o
is a true
LEGAL SALES REPRESENTIVE
I certify that the attached document
ublisher.
GWENN J. MEDINA
MY COMMISSION
2,2038 IRE
otary Public, State of Texas
December 172007
CE OF : PASSAGE OF
ORDINANCE
NO.027527,.
rreppnnuding the City of -
latting
rdinancee bstiyreg
peal
gSection-IV.G.
arks and Play-
ands;" and
opting a new Sec-
n IV: G. "Public
en Space," to pro-
e for the dedication.:.:
park and public =_
en space on the
tting ofproperty,
e creation of a com-
unity enrichment
nd andpayments
ereto, payment of
ees in lieu of land
edication, payment of
park development
ee, providing for park
evelopment.improve-
ents, providing for
edicationotland or
ayment of tees after,..
Ong of the plat for the
rope rty and upon the
plat of property, and
roviding for review of
edication require-
ants; providing a
peeler clause; pro-
iding a penalty
lause; providing for
ubllcation; and pro-
iding for an effective
ate. This ordinance
as passed and ap-
roved on its second
ading by the City
ouncll of the City of
orpus Christi on De-
mber 11, 2007.
is/ Armando Chapt
City Secretar
City of Corpus Chris