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HomeMy WebLinkAboutOrdinance~~ft~'~~61~' ORDINANCE NO. 2368 AN ORDINANCE REPLACING "CHAPTER 9 SUBDIVISIONS, SECTION 10, REQUIREMENTS FOR PARK .LAND DEDICATION' OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, WITH THAT SET OUT BELOW IN EXHIBIT "A"; PROVIDING A SEVERABIL- ITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That "Chapter 9 Subclivisions, Section 10, Requirements for Park Land Dedication", of the Code of Ordinances of the City of College Station, Texas, be replaced with that set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or uncc-n- stitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of tl-is chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed.a separate offense. Said Ordinance, being a penal ordinance; becomes effective six (6) months after its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 14th day of January, 1999. ATTEST: R CON'rlIE HOOKS, City Secretary APPROVED: L cILHANEY, Mayor - ~ ~, ~... ~„ HARVEY C L, City ~ .- jslc: iwindowslwinwordlordinanlparklanddoc [/15/99 ORDINANCE NO. 2 3 68 Page 2 EXHIBIT "A" That "Chapter 9, Subdivisions, Section 10, Requirements for Park Land Dedication" is hereby amended in its entirety to read as follows: "SECTION 10: REQUIREMEbI'TS FOR PARK LAND DEDICATION 10-A. Purpose 10-A.1 This section is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision and site development in the City of College Station. This section is enacted in accordance with the home rule powers of the City of College Station, granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Texas Local Gov't Code Chapter 212 (Version 1988; Vernon Supp. 1999). It is hereby declared by the City Council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and. .that the only adequate procedure to provide for same is by integrating such a requi:re- ment into the procedure for planning and developing property or subdivisions in the city, whether such. development consists of new construction on vacant land or rebuild- ing and.remodeling of structures on existing residential property. 10-A.2 Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and located within convenient distances from a majority of the residences to be sewed thereby. .The park zones established by the Parks and Recreation Depart- ment and shown on the official Parks. and Recreation map for the City of College Station shall be prima facie proof that any park located therein is within such a convenient distance from any. residence located therein. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of Stich facilities. Therefore,. the following requirements are adopted to effect the. purposes stated above and shall apply to anyland to be used for residential purposes: 10-B General Requirement Dedications shall cover both land and development costs for neighborhood parkland for all types of residential development. 10-B-1 Land Dedication Whenever a final plat is filed of record with the County Clerk of Brazos County for development of a residential area in accordance with the planning and zoning regida- tions of the City, such plat shall contain a clear fee simple dedication of an area of land to the City for park purposes. For single family developments this area shall be equal to one (1) acre for each one hundred and one (101) propoaed dwelling units. For duplex and other multi-family development this area shall be equal to one (1) acre for each one hundred ai-d thirty-four (134) proposed dwelling units. For methodology refer to Appendix 1 attached herein and incorporated and made a part of this ordinance for all purposes. Any proposed plat submitted to the City for approval shall show the area proposed to be dedicated under this section. The requured land dedication of this subsection may be met by a payment of money in lieu of land when. permitted or required by the other provi- sions of this section. In the event a plat is not required this dedication shall be met prior to the issuance of a building permit. jslc: I windowslwinwordbrdinanlparkland.doc 1/15/99 ORDINANCE NO. 2368 Page; 3 10-B.2 Fee in Lieu of Land A land owner responsible for dedication under this section may elect to meet the requirements of 10-B.1. in whole or in part by a cash payment in lieu of land, in the amount set. forth below. Before making this election, the land owner must obtaun approval for the cash payment in lieu of land from the Planning & Zoning Commission pursuant to the plat approval procedures set out in Chapter 9, Section 6. Such payment m lieu. of land shall be made at or prior to the time of filing the final plat for record at the Courthouse or prior to the issuance of a building. permit where a plat rs not required3. The fee in lieu of land dedication requirement shall be met by a payment of a fee .yet from time to time by resolution by the City Council, sufficient to acquire neighborhaod parkland. Unless changed by the City Council, such per-acre price shall be computed on the basis of one hundred and forty~tght dollars ($148.00) per dwelling unit. for sinl;le family development and one hundred and twelve dollars ($112.00) per dwelling unit l:or duplex and multi-family development: Refer to Appendix 1. Cash payments may be used only for acquisition or development of a neighborhood park located within the same zone as the development. 10-B.3 Park Development Fee In addition to the land dedication, there shall also be a fee set from time to time by resolution of the City Council sufficient to provide for development of the land to m~~t the standards for a neighborhood park to serve the zone in which such: development is located. Unless changed by City Council this. per-acre fee shall be computed on the basis of three hundred- and nine dollars. {$309.00) per dwelling unit for single family developments .and' two hundred and thirty-three dollars ($233) for duplex and multi- family developments. Refer to Appendix 1. 10-B.4 Park Development in Lieu of Fee A developer has the option to construct the neighborhood park improvements in lieu of the park development fee. Development plans and specifications shall be reviewed. and approved by the Parks Board. All improvements shall either be financially guaranteed or accepted by the City prior to the filing. of a plat in the case of platted developments or prior to issuance of certificates of occupancy in the event that platting is not required. The process of financial guarantee shall be the same as that found in section 7 of the Subdivision Regulations and shall be used whether a plat is required or not. Once improvements are accepted by the City the developer shall deed the property and improvements to the City. 10-B.5 In instances where an area of less than five (5) acres is required to be dedicated, the City shall have the right to accept the dedication for approval on the final plat, or to refiise same, after consideration of the recommendation of the Planning and Zoning Commis- Sion and the Parks and Recreation Board. The City shad have the right to require payment of cash in lieu of land in the amount provided above, if it determines thhat sufficient .park area is already in the public domain in the azea of the proposed develop- ment,. or if the recreation, otential for that zone would be better served by expanding or improving existing parks; 10-B.6 The dedication required tiby .this section shall be made by filing of the final plat or contemporaneously by separate instrument unless additional dedication is required subsequent to the filing of the final plat. If the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, such additional dedication shall be required,' and shalt be made by payment of the cash in lieu of lauid amount provided above, or by the conveyance of an entire numbered lot to the City. 10-B.7 The City may fromtime to time decide to purchase land for parks in or near the area of actual or potential development. If the City does purchase pazk land in a park zone, the City shall have the right to require subsequent park land dedications for that zone to be in cash only. This will be to reimburse the City. its purchase cost. Once the City has jslc: lwindowsl winwordlordinanlparkland. doc !/15/99 ORDINANCE NO. 2368 Page 4 been reimbursed entirely for all. such park land within a park zone, this subsection shall cease to apply, and the other subsections of this section shall again be applicable. 10-C Prior Dedication; Absence of Prior Dedication 10-C.1 Credit shall be given for land and/or money dedicated pursuant to Ordinance. 690 or 983. 10-C.2 If a dedication requirement arose prior to passage of this section, that dedication requirement shall be controlled by the ordinance in effect at the. time such obligation arose, .except that additional dedication shall be required if the actual density of struc- t~res constructed upon property is greater than the former assumed density. Additional dedication shall be required only, for the increase in density and. shall be based upon the ratio set forth in 10-B. of this section. 10-C.3 At the discretion of the City, any former gift of land to the City may be credited on a per acre basis 4owazd eventual land dedication requirements imposed. on the donor of s~ich lands. The City Council shall consider the recommendation of the Planning and Zoning Commission and the Parks and Recreation Board in exercising its discretion under this subsection. 10-D Special Fund; Riaht to Refund 10-D.1 There is hereby established a special fund for the deposit of all sums paid in lieu of l~md dedication under this section or any preceding ordinance, which fund shall be known: as the park land dedication fund. 10-D.2 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 must be expended by the' City within five (5) years from the date received by the City for acquisition and/or development of a neighborhood park as defined herein. Such fwids 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 prorata refimd of such sum, computed on a square footage of area basis. The owners of such property must request such refund within one (1) year of entitlement, in writing, or such right shall be barred. 10-E Comprehensive Plan Considerations 10-E.1 The Pazk and Open .Space Plan is intended to provide the College Station Pazks 2md Recreation Advisory Board with a guide upon which to base future decisions. Because of the need to consider specific characteristics in the site selection process, the park locations indicated' on the Plan are general. The actual locations, sizes, and number of pazks will be determined when development occurs. The Plan will also be used to locate desirable park sites before development occurs, and those sites may be purchased by the City or received as'donations. 10-E.2 Park Zones. aze established by the City's Comprehensive Plan and aze configured to indicate service areas for neighborhood parks. Zone boundaries aze established that follow key topographic features such as major thoroughfares, streams, and city limit lines. 10-F Additional Requirements; Definitions 10-F.1 Any land dedicated to the city under this section must be suitable for park and recreatiion uses. Consideration will be given to land that is in the floodplain or may be considered "floodable" even though .not in a federally regulated floodplain as long as, due to its elevation, it is suitable for park improvements. (a) Neighborhood park sites should be adjacent to residential areas in a manner that serves the greatest number of users. jslc: Iwindowsl winword~ordinanlparkland.doc !/1 S/99 ORDINANCE NO. 2 3 6 8 Page 5 (b) Neighborhood park sites should be located so that users. are not required to cross arterial roadways to access them. (c) Sites should not be severely sloping or have unusual topography which. woiuld render the land unusable for orgamzed recreational activities. (d) Sites should. have existing trees or other scenic elements. 10-F.2 Parks should be easy to access and open to public view so as to benefit area develop- ment, enhance the. visual character of the city, protect_ public safety and minimize conflict with adjacent land uses. The following gwdelines should be used in designiing parks and adjacent development. (a) Where physically feasible, park; sites should be located adjacent to schools in order to encourage both shared'. facilities and the potential co~ievelopment of new sites. (b) A proposed subdivision adjacent to a park. may not be designed to resdrict reasonable access to the park from other area subdivisions. Street connections to existing or future adjoining .subdivisions may be required to .provide reason.- able access to parks. (c) Where anon-residential, use must directly abut a park, the use must be separated by a screening wall or fence and landscaping. Access points to the park may be allowed by the Planning and. Zoning Commission if public benefit is established. , (d) It is desirable that a minimum of fifty percent (50%) of the perimeter of a park should abut a public street. In all cases, the City shall approve the .proposed street alignment fronting on city parks. (e) Streets abutting a 'park shall be built in accordance with the thoroughfare plan and the standards of this ordinance;. however, the City may require any residential street built: adjacent to a park to be constructed to collector width to ensure access and prevent traffic congestion. Developer may request oversize participation in such instance: 10-G. Consideration and Approval Unless provided otherwise herein,.. an action.. by the City shall be by the City Council, after consideration of the recommendations of the: Planning and Zoning Commission and the Parks and Recreation Board. Anyproposal considered by the Planning and Zoning Commission under this section shall have been reviewed by the Parks and Recreation Board and its .recommendation given to the'Commission. The Commission may .make a decision .contrary to such recom- mendations only by a concurring: vote of at least five. (5) members. Should the Commissions be unable to get. this vote, the matter: shall then be referred to the City' Council for its decision. 10-H. Review of Dedication Requirements The City shall review the fees set forth in this section every three (3) years. The City shall take into account inflation as it affects land and .park development costs as well as the City's targeted level of service for parkland per onethousand population. Fees shall be set by resolution of the City Council jsic: iwindowslwinwordlordinanlparkland.doc 1/15/99 ORDINANCE NO, 2 3 6 8 Page 6 APPENDIX 1 PARK LAND DEDICATION FEE METHODOL®GY I. Current Level of Service 7 Acres: Neighborhood & Community Park Land per 1,000 Population 3.5 Acres per 1,000 (Neighborhood Parks) 3.5 Acres per 1,000 (Community Parks) II. Land Requirements Neighborhood Parks 3.5 Acres/1;000 1 Acre per 285 people 2.81 Persons per Household (PPH) for Single Family and 2.13 Persons per Household for Multi- Family based on census information for owner and renter occupied units. The overall. avenge from -the Census is 2.31 persons per household (dwelling unit). SINGLE FAMILY MULTI-FAlV1ILY 285 people / 2.81 PPH = 101 DUs 285 people / 2.13 PPH= 134 DUs 1 Acre per 101 DUs 1 Acre per 134 DUs III. Neighborhood Park Acquisition Costs (Determines Fee inLieu of Land) (Assumption) 1 acre costs SIS,000 to purchase SINGLE FAMILY MULTI-FAMILY 15,000 / 101 DUs = S 148 per DU $15,000 / 134 DUs = $112 per DU IV. Neighborhood Park Development Costs (Determines Fee for Development) Average Neighborhood P ark in College Station ~ 8 Acres Development Cost for Neighborhood Park ~ $250,000 Cost Per Acre for Development -r $3)..,250 SINGLE FAMILY MULTI-FAMILY $31 250 / 101 DUs = $309 per DU $31,250 / T34 DUs = $233 per DU V. Total Dedication Fee SINGLE FAMILY MULTI-FAMILY $148 + $309 = $457 $112 + $233 = $345 jslc:I windowsl winwordlordinanlparktanddoc 1/I S/99