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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 The Platting Ordinance, Section IV "Design Standards," subsection G. "Parks and Playgrounds" is hereby repealed.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 ■ 027527 :\ U E' 1\ Ind \LOCALS-1\Temp\ rd -Platting Ord -Open Spaces-- oun iL.do Page 2 of 14 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 ■_z Guidelines. IV. G. 2. b)Should the City accept any monies in lieu -of land, the fees f e NO #L A 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 a,_46a14 0.0 + i i imp-r-evements. Such park improvements shall be i i su-bdivider's expenses for --authorized-park the fair market value of - i i z e the subdivider if--th-e completed - all i acceptance - ii i Fees in lieu f - i ;1D UME 11 I nda \LOCALS-1Vr mp\ rd -Platting Ord—Open Spaces—Council.doc Page 4 of 14 " " 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 i 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. CADOCUME-11GlendaG1LOCALS-1\TempkOrd-Platting Ord—Open Spaces— oun il.do Page 5 of 14 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 O. # we 10169 f September 17, 1971, which # i # # MA # i the provision f water to P I I C property dated M0 i< ii ii i i e i i i it r. 1 provisions of this section as having satisfied -the area contained in Cape Summer Unit I, Cape e" MIA • ii ii � #w � Unit 11 shall remain a total of 45.95 acres for the AA uplands i " ii i i # 1 and flats contained in —the (Ordinance 22848, 02/11197) i ■f requirement -r y, at the discretion of the City, be recreation facilities. - :I ME. -1\ I nda \L L -11T nip\ rd-Pla in Ord—Open Spaces- oun il.do Page 6 of 14 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. . 0 A. i wee iR # i the subdivid :r shall complete and deliver, to the —e"" iiii wee future -dedication o such park. The form o uch Department. CADOCUME-1\GlendaG\LOCALS—lgemplOrd-Platting Ord—Open Spaces-- oun il.doc Page 7 of 14 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 :ID UME 1\ I nda \L ALS '1\Temp\Ord-Platting Ord --Open Spaces— oun il.do Page 8 of 14 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". \D UME' 1\ Ind 1L L—1\Temp\ rd -Platting Ord -Open Spaces-- oun il,do Page 9 of 14 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. CADOCUME-11GlendaGNLOCALS-1\Ternp\Ord-Platting Ord—Open spaces-- un il,dee Page 10 of 14 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. :1DOCS.IME-11 l nda \LOCALS-11Templ rd -Platting Ord --Open Spaces- oun il.do Page I of 14 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. CADOCUME-1\GlendaGLOCALS-1\Ternp\Ord-Platting Ord—Open Spaces-- oun il,do Page 12 of 1 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." CADOCUME-1\GlendaGLOCALS-1\TernplOrd-Platting Ord—Open Spaces— uncil.da Page 13 of 14 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. CADOCUIVIE-1\GlendaG\LOCALS-1\Temp\Ord-Platting Ord—Open Spaces— oun il.do 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