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any subdivision, or lot therein, recorded or unrecorded, which subdivision was in e)astence prior
to the passage of this ordinance."
{Ordinance No. 2027 of August 26,1993)
SECTION 5: VARIANCES
55=A The Commission may authorize a variance from the regulation when, in their opinion, undue
hardship will result from requiring strict compliance. In granting a variance, the Commission shall
prescribe only conditions that it deems not prejudicial to the public interest. In making the
findings hereinbefore required, the Commission shall take into account the nature of the proposed
use of the land involved, the eXlsting use of land in the vicinity, the number of persons who will
reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the
probable effect of such variance upon traffic conditions and upon public health, convenience, and
welfare of the vicinity. No variance shall be granted unless the Commission finds:
5-A.1 That there are special circumstances or conditions affecting the land involved such that
strict application of the provisions of this chapter will deprive the applicant of the
reasonable use of his land;
5-A.2 That the variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant;
5-A.3 That the granting of the variance will not be detrimental to the public health, safety, or
welfare, or injurious to other property in the area, or to the City in administering this
chapter; and
5-A.4 That the granting of the variance will not have the effect of preventing the ordedy
subdivision of other land in the area in accordance with the provisions of this chapter.
5`13 Such findings of the Commission, together with the specific fads upon which such findings are
based, shall be incorporated into the official minutes of the meetings at which such variance is
granted. Variances may be granted only when in harmony with the general purpose and intent of
this chapter so that public health, safety, and welfare may be secured and substantial justice
done.
(Ordinance No. 2179 of May 9, 1996)
5-C. Variance from Water Flow Requirements
It is specifically intended and hereby provided that the various provisions of Section 5,
Variances", shall not apply to fire flow provisions set out in Paragraphs 8-0, 12-P.4 and 13-D.
(Ordinance No. 2736 of July 22, 2004)
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Rev. 8104
primarily to spillover parking for public uses or events, but parking for non-
public uses may also be considered.
(Ordinance No. 2320 of April 9, 1998)
(iii) Bike Paths
Bike paths are facilities used exclusively for bike traffic with minimal cross flow by motor
vehicles. They should be located primarily in greenbelt areas or park-type areas. If a bike
path is to be located in the right-of-way of an adjacent roadway there should be a
minimum of five feet (5) separating the bike path from the roadway.
The paved width and the operating width required for a bicycle path are primary design
considerations. Figure 5 depicts a bicycle path on a separated right-of-way. Under most
conditions, a recommended all-paved width for a two-directional bicycle path Is ten feet
(10). In some instances, however, a minimum of eight feet (8) can be adequate. This
minimum should be used only where the following conditions prevail: (1) bicycle traffic is
expected to be low, even on peak days or during peak hours (2) pedestrian use of the
facility is not expected to be more than occasional, (3) there will be good horizontal and
vertical alignment providing safe and frequent passing opportunities, (4) the path will not
be subjected to maintenance vehicle loading conditions that would cause pavement edge
damage. Under certain conditions it may be necessary or desirable to increase the width
of a bicycle path to twelve feet (12); for example, because of substantial bicycle volume,
probable shared use with joggers and other pedestrians, use by large maintenance
vehicles, steep grades and where bicyclists will be likely to ride two abreast.
The minimum width of a one-directional bicycle path is five feet (5It should be
recognized, however, that one-way bicycle paths often will be used as two-way facilities
unless effective measures are taken to assure one-way operation. Without such
enforcement, it should be assumed that bicycle paths will be used as two-way facilities
and designed accordingly.
A minimum of two-foot width graded area should be maintained adjacent to both sides of
the pavement; however, three feet (3) or more is desirable to provide clearance from
trees, poles, walls, fences, guard rails, or other lateral obstructions. A wider graded area
on either side of the bicycle path can serve as a separate jogging path.
The vertical clearance to obstructions should be a minimum of eight feet (8). However,
vertical clearance may need to be greater to permit passage of maintenance vehicles
and, in under crossings and tunnels, a clearance of ten feet (10) is desirable.
(Ordinance No. 1971 of August 27,19921
8=0 Water Supply
All subdivisions shall be provided with water supply and distribution systems for fire
protection and domestic use.
All water mains, distribution and service lines shall be constructed as provided by the
Bryan/College Station Und Design Guidelines and the Bryan/Co/lege Station Unified
Technical Specifications and all applicable state and federal requirements. Where there is a
conflict of standards, the more stringent standard as determined by the City Manager, or his
designee, shall apply. The City shall accept for public use only water mains, distribution and
service lines that comply with these standards for construction."
(Ordinance No. 2736 of July 22, 2004)
88-P Sanitary Sewers
8-P.1 All subdivisions shall be provided with an approved sanitary sewerage system meeting
the standards of the City Engineering department. Curved sewers of not less than one
hundred foot (100) radius are accepted, as are manholes of not over five hundred foot
(500) spacing.
9-23
Rev. 08/04
FIGURE S
BICYCLE PATH
x -
- ~ ~ ! - t~ a •ir~ ~ .r i + +
2• s• or a' r.,lo a/d1h•-
(min) PAVED (mh)
CRAOEO CRAOEO
T.•o-.rte': a' m(.~/mum ..IQIh
9-23-A
Oversize participation, at the City's request, will be granted pursuant to Section 9 herein.
(Ordinance No. 2563 of June 13, 2002)
8-P.2 If the sewerage system includes treatment facilities, the plan must be approved by the
Texas State Department of Health, and subdivider must have a permit for the discharge
of effluent from the Texas Water Quality Board, before the approval by the commission.
(Ordinance No. 1971 of August 27,1992)
8-P.3 On-site waste water disposal systems, including private septic systems, may be used in
areas where topography, density of development and/or other factors make sewer
collection facilities impractical. Such systems, when allowed, must meet the
requirements of Brazos County.
(Ordinance No. 2131 of June 21, 1995)
8- Drainage
Drainage shall be provided to handle runoff as calculated, street inlets for a five (5) year rain,
storm sewers for a five (5) year rain, and bridges for a twenty-five (25) year rain, all as approved
by the City Engineer. Water shall not be carried on the street for a distance greater than a five
(5) year rain will overflow the curb. Drainage shall be handled in natural stream channels insofar
as practical. No construction shall impede, constrict, or block the flow of water in any natural or
improved watercourse.
8;R Utility Lines
All utility lines that pass under streets or alleys shall be installed before the street or alley is
paved, with embedment, backfili, and depths as approved by the City Engineer, or the crossing
shall be bored.
8-S Gas or.Oil Lines
High pressure flammable gas or fuel lines are defined as those which are operated or may be
expected in the future to operate at a pressure of over sixty (60) pounds per square inch. High
pressure flammable gas or fuel lines, installed on public property, shall be buried with a minimum
cover of thirty inches (30'), and shall be marked by an ail-weather typed sign, installed at each
crossing and at intervals of not more that three hundred feet (300). The signs shall be installed
by the utility company, state that the line is high pressure, and shall name the product or prod-
ucts transported therein.
(Ordinance No. 1971 of August 27,1992)
8-T Street Lights
8-T.1 Basic Policv
It shall be the policy of the City of College Station that adequate street lighting for the protection
of the public and property be installed in all new subdivisions. Installation procedures and
acceptable standards for street lights shall be governed by the utility standards of the Public Utili-
ties Department in effect at the time of subdivision construction or addition thereto.
8-T.2 General Standards
(1) The actual number of street lights to be required, as well as the type and size of lumi-
naire, and the installation, location and size of street light services, shall be
determined by the Electrical Engineer for the City's Public Utilities Department. Pole
type for mountin'9 of street lights shall be selected by the Developer, subject to the
approved street light pole standards of the Public Utilities Department.
(2) Street lights shall normally be required at all street intersections and access ways, in
cul-de-sacs, and at generally three hundred feet (300) intervals or less on tangent
streets.
(3) The developer shall furnish satisfactory easements for the installation of services to
street lights, with said easements to normally be five feet (5) in width.
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Rev. 08104
(4) The installation of subdivision lighting shall be performed by either of the following:
(a) By City, subject to cost reimbursement as provided in Section 9-G herein.
(b) By the developer or his authorized construction representative, subject to
compliance with the utility street light installation standards of the Public
Utilities Department.
(Ordinance No. 1985 of November 12,1992)
8_U Electric Service Installation
8-U.1. All electric utility service shall be installed underground in residential, multi-family
residential, commercial and industrial subdivisions. All lateral electric lines and
service lines supplying electric utility service shall be placed underground.
8-U21 Overhead feeder lines may be placed within the above-listed subdivisions in the
following locations:
8.U.2.a. Along the perimeter of the platted subdivision.
8.U.2.b. Adjacent to or within the right-of-way of thoroughfares identified on
the current thoroughfare plan of the City of College Station and
approved for the location of overhead utilities.
8.U.2.c. Within alleys or dedicated easements identified for the location of
aerial utility service on the approved subdivision plat.
8-U.3. The Subdivider shall dedicate easements upon forms approved by City for the
installation of utilities, including electric. All liens and other ownership interests shall
be subordinated to the easement use.
8-U.4. Where the electric service is placed underground, all street lighting and site lighting
equipment shall be placed underground except for the poles on which the lights are
to be affixed.
8-U.5. The Subdivider shall be responsible for fumishing and installing, and the expenses
related thereto, of conduit for the installation of all on-site underground development
feeder, lateral and service lines utilized to provide electric utility service to the
subdivision. The specifications for the conduit shall be approved by the Electrical
Department prior to installation.
Where electric service is placed underground, all auxiliary equipment for such
service, including but not limited to transformers, junction enclosures and switching
devices, shall be pad-mounted on grade or shall be placed underground.
8-U.7. Temporary utility service may be provided via overhead line extension.
(Ordinance No. 2020 of July 8, 1993)
88V Monuments and Comer Markers
8-V.1 All block comers, angle points and points of curves, and all comers of boundary lines of
subdivisions shall be marked with a one-half inch (1/2") steel rod, two feet (2) in length,
set in the center of a concrete monument six inches (6') in diameter and thirty inches
(30") deep, with the top flush with the finished ground surface.
8-V.2 Where, due to topographic conditions, permanent structures or other conditions, the view
is obstructed between any two (2) adjacent monuments, intermediate monuments shall
be set as to assure a clear view between adjacent monuments.
8-V.3 Comer markers, consisting of a one-half inch (1/2") steel rod or three-fourths inch (3/4")
pipe, two feet (2) in length, shall be driven flush with the ground surface to mark the
comers of all lots.
(Ordinance No. 1971 of August 27,1992)
9-25
Rev. 08/04
8._W Gating of Roadways
PURPOSE: To achieve orderly development of a secured (GATED) community. To protect
and promote the health, safety, and general welfare of the City.
DEFINITION: Gated Community: A residential area requiring mandatory membership in a
Homeowners Association (HOA) and having its primary means of access controlled by an
electric or manual gate administered by the HOA.
8-W.1 General Requirements
(a) Gating of a public roadway is prohibited.
(b) Driveways are considered roadways for the purpose of these gating
requirements.
(c) The gate shall not block area-wide through routes or block access for
roadways to serve future development.
(d) Access shall be provided at all times for police, fire, city inspection, mail
delivery, garbage pickup, dial-a-rides, utility, school buses, and other
health and safety related vehicles. Access must not require drivers to
exit their vehicle.
(e) A private street subdivision will not cross an existing or proposed
thoroughfare as shown on the City's most recent Thoroughfare Plan. A
private street subdivision will not disrupt or cross an existing or proposed
City of College Station public pedestrian pathway, hike and bike trial or
park as shown on the City's most recent Parks and Open Space Plan.
(f) The gate design and implementation shall be such that it does not pose
a threat to public health, safety and welfare.
(g) The infrastructure main lines (electrical, water, and sewer) shall be
maintained by the City of College Station.
8-W.2 Homeowners Association (HOA)
(a) A Homeowners Association shall be established with direct responsibility
to, and controlled by, the property owners involved to provide for
operation, repair and maintenance of all common areas, fences, walls,
gate equipment, landscaping, and all other common facilities, including
private streets and sidewalks, which are part of the subdivision (the
`Common Facilities').
(b) All property owners within an existing residential area that is proposed to
be gated shall agree to become members of an operative Homeowners
Association (HOA),
(c) The HOA shall prepare and file for record a legal instrument establishing
a plan for the use and permanent repair and maintenance of the
Common Facilities and demonstrating that the association is self-
perpetuating and adequately funded to accomplish its purpose.
(d) The budget for the HOA shall include a fund reserved for the repair and
maintenance of Common Facilities in the amount approved by the city
staff.
(e) The legal instrument establishing the Homeowners Association, street
maintenance agreement, the approval of the reserve fund by the City
Engineer or Director of Public Works, and written permission for the
City's access to the subdivision will be submitted for approval by the City
Attorney prior to the submission of the final plat.
(1) The City will be given written permission for practical access at any time
without liability when on official business. The City will also be given
written permission to remove obstructions including any gate and guard
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Rev. 08/04
(house) upon non-compliance by the HOA of any terms of this ordinance
or if necessary for the emergency vehicle access. In the event the City
must remove obstructions to access the development, the HOA will be
assessed all costs of removal.
(g) In the event the City deems that repairs to private street(s) within a gated
community are necessary in order to insure safe access and passage for
emergency service vehicles, the City will notify the HOA and a public
hearing will be set for input on the protected repairs. Should the HOA fail
to provide the satisfactory repairs deemed necessary in a time frame set
by the City at the public hearing, then the City will make the necessary
repairs and assess the HOA all costs bome by the City in repair of the
private street(s). Should the HOA fail to reimburse the City within 90
days, the HOA shall be subject to lien and possibly foreclosure of all
assets including but not limited to the maintenance reserve fund address
in Subsection 2(d) of this ordinance..
8-W.3 Geometric Design Guidelines
(a) All streets in the development shall be constructed in accordance with
city standards.
(b) The gate(s) location shall not be placed on a public right-of-way or
easement.
(c) All gate mechanical or manual operating functions shall meet fire
department requirements and provide passage with unobstructed vertical
clearance.
(d) Gated entry way throat length designs taking access from residential,
major and minor collector roadways shall meet the following require-
ments (Ref. Figures 1 & 2):
(1) A minimum of 20 feet for one residential single family lot.
(2) A minimum of 60 feet for up to twenty-five (25) single family lots.
(3). A minimum of 100 feet for twenty-six (26) single family lots or greater
(e) The gated entry way lengths taking access from major and minor
arterials shall be determined and approved on a case by case basis by
the City Planning Department.
(f) Gated entry ways shall provide adequate access for pedestrians and
bicycles.
(g) Gated entry ways to subdivisions shall provide adequate turnaround
areas for vehicles that are denied access in order to prevent backing into
a public street. (Ref. Figures 1 & 2)
(h) The gated entry way driveway pavement widths to subdivisions, for both
egress and ingress, shall be a minimum of 20 feet per driveway and are
required to provide a minimum 4 feet center median. (Ref. Figures 1 & 2)
(1) The gated area shall provide a minimum unobstructed vertical clearance
of 14 feet 6 inches from finished roadway surface over the entire width of
the entry roadway.
Public safety elements and signing shall be included in the gate entry
way design.
9-27
Rev. 08/04
Sliding Gates
-1541
30'
MIN.
'~,~Key Pad Box
Max. 4' - 6' Abova Roadway
Finished Crads and r
e of
Box Flush with Boek of Curb
Z 4t
MINIMUM .
DISTANCE FROM ROW.
20, zo' SINGLE FAMILY RESIDENTIAL
MIN. MIN. * 20' One SF Lot
99
* 60' 25 or Less SF Lots
NOTE: *100' 26 or More SF Lots
All Dimensions a- Face to
Face unless otherwise noted.
4' MEDIAN Throat
Minimum Length
2s' Mm. 8.8.
Radi~~ i_ _y
2e' 41n.
RodNa
ROWA
Public Street
FIGURE 1
Hinged Gates
Key Pad a..
Max. 4' - e' Above Roadway
Finish •d Grad• and Fac• 01
MIN. Box Flush with Back of Curb
MINIMUM DISTANCE FROM ROW:
SINGLE FAMILY RESIDENTIAL
20' One SF Lot
* 60' 25 or Less SF Lots
NOTE: SF Lots
All Dimensions re F.- to 4' MEDIAN *1 00' 26 or More
Fac• unless otharw is• noted. Minimum
B.B.
L-~ Throat
epo Length
aadw~.' MIN. MIN.
2s• u
Public Street
FIGURE 2
Rev. 08104 9-28
8-W.4 Converting Private Streets to Public Streets
(a) Counciil of he request Oollege Stat o~ dediccationno submitted treets theo City
public may be accomplished providing the private streets are brought up
to the standards for the public streets in the city and the City Council has
agreed to accept the streets.
(b) The written request by the HOA officers will be accompanied by a
petition containing the signatures of the owners of 100% of the existing
lots in the subdivision, except when in the public interest.
(c) All repairs or reconstruction of private streets must be accepted by the
City prior to conversion. All conversion dedication costs will be paid by
the HOA.
8-W.5 Indemnity
The Association hereby unconstitutionally and irrevocably agrees to
indemnify, defend and hold the city and the city's officials, agents, employees
and contractors harmless, from and against any loss, liability, demand
damage, judgment, suite, claim deficiency, interests, fee, charge, cost or
expense (including, without limitation, interest, court cost and penalties,
attorney's fees and disbursement and amounts paid in settlement, or
liabilities resulting from any charge in federal, state or local law or regulation
or interpretation hereof) of whatever nature, even when caused in whole or in
part by the city's negligence or the joint or concurring negligence. of the city
and any other person or entity, which may result or to which the city and/or
any of the city's officials, agents, employees and contractors may sustain,
suffer, incur or become subject to in connection with or arising in any way
whatsoever out of the maintenance, repair use or occupation of the common
facilities, or any other activity of whatever nature in connection therewith, or
arising out of or by reason of any investigation, litigation or other proceedings
brought or threatened, arising out of or based upon the operation,
management, maintenance, repair and use of the common facilities, or any
other activity in the subdivision.
8-W.6 Existing Gates
Any gate as defined by this ordinance existing at the time of adoption of this
ordinance which has received an approval from either the City or the County is
deemed exempt from the requirements of this ordinance.
(Ordinance No. 2280 of November 13, 1997)
9-29
Rev. 08104
12-P. Water Supply
12-P.1 Goal
All rural residential subdivisions shall be provided with a safe, reliable publiclprivate water
supply to each platted lot, without compromising the City Of College Station's future water
distribution system.
12-13.2 Determination of Water Supplier
All subdividers of rural residential subdivisions shall ascertain which local water supplier is
certificated to serve the proposed subdivision. If the supplier is not the City of College
Station, a predevelopment meeting is mandatory and shall be held between the subdivider,
proposed water supplier and the City Engineer, in order to assure that adequate water supply
will be available to all lots within the subdivision.
12-P.3 City of College Station as Water Supplier
If the water supplier is the City of College Station, waterlines shall be sized to accommodate
both domestic use and fire protection to the subdivision. The design of the waterlines shall
be in accordance with all applicable city, state and federal regulations, City of College Station
design standards and construction specifications and acceptable engineering standards. The
design shall be approved by the City Engineer. Adequately sized waterlines shall be
provided by the subdivider such that they conform to the City's Utility Master Plan.
(Ordinance No. 2188 of June 27,1996)
12-P.4 Rural Water Supplier
Water for all rural subdivisions shall be as provided by the City Standards. The requirements
will include the fire flow requirements as provided by the International Fire Code and the
Bryan/College Station Unified Design Guidelines and the Bryan/CoffeVe Station Unified
Technical Specifications and all applicable state and federal requirements.
(Ordinance No. 2736 of July 22, 2004)
12-P.5 Water Wells
Water wells may be allowed in cases where supply by the City of College Station system or a
rural water supplier is not possible. If water wells will be used, all locations shall be approved
by the City Engineer to assure adequate clearances from sanitary sewers, septic systems
and compliance with all applicable city, state and federal regulations. These locations must
be shown at the time of platting.
(Ordinance No. 2188 of June 27,1986)
12-0, Fire Protection
(Note: This section was deleted in its entirety by Ordinance No. 2736 of July 22, 2004)
12-R. Sanitary Sewers
12-R.1 Goal
To provide adequate sanitary sewer service to all lots within rural residential subdivisions,
that does not compromise public health or the future of the City of College Station gravity
sewer collection system.
12-R.2 Gravity Sanitary Sewer System Reauired
At the time of zoning, a determination shall be made as to whether the subdivision must
connect to the existing sanitary sewer system or if an on-site sewage disposal system
(private septic system) will be allowed. If It is determined at the time of zoning that a gravity
sewer system is required, the design of such shall meet all applicable city, state and federal
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Rev. 08/04
regulations, City design standards and acceptable engineering standards. Adequately sized
sewerlines shall be provided by the subdivider such that they conform to the needs of the
sewer service area and the City's Utility Master Plan.
12-R.3 Sanitary Sewer Master, Plan
If it is determined at the time of zoning that on-site sewage disposal systems (private septic
systems) will be allowed, a gravity sanitary sewer master plan shall be designed for the
subdivision. This master plan is required to assure that all lots, at some future date, can be
connected by gravity service line to the future sewer collection system. Adequately sized
seweriines shall be provided within the subdivision's sewer master plan such that they
conform to the City's Utility Master Plan All lines designed within this master plan shall meet
all applicable city, state and federal regulations, City design standards and acceptable
engineering standards. This master plan shall consist of verbiage explaining all design
assumptions, plan and profile layouts of all future gravity tines to be constructed within the
subdivision, and a minimum finished floor elevation established for each lot to assure a
connection to the future gravity sewer collection system. All minimum finished floors
established by this master plan shall be placed on the respective lots on the final plat. Said
master plan shall be adopted by ordinance by Council prior to final plat approval by the
Planning & Zoning Commission.
12-R.4 Private Septic System Licenses
On-site sewage disposal systems (private septic systems) shall be designed to meet all
requirements of the Brazos County Health Department. The system shall be licensed
through the same agency and the license shall be kept current.
12-S. Drainage
12-S.1 Goal
To provide adequate drainage facilities within rural residential subdivisions, that do not
compound flooding and provide roadway facilities with adequate drainage to allow safe
ingresstegress.
12-S.2 Drainage Design
Drainage shall be provided to handle runoff from the subdivision in accordance with the City
of College Station Drainage Policy and Design Standards. No construction shall impede,
constrict, or block the flow of water in any natural or improved watercourse.
12-S.3 Roadside Ditches
Roadside ditches shall be designed in accordance with the City of College Station Drainage
Policy and Design Standards. They shall be a minimum of eighteen inches (18') deep,
except in areas where the topography deems it inappropriate.
12-S.4 Culverts
Culverts shall be designed in accordance with the City of College Station Drainage Policy and
Design Standards. The minimum size of any culvert shall be eighteen inches (187). Safety
end treatments, headwalls or wingwalls are required as appropriate.
12-T. Utility Lines
All utility lines that pass under streets shall be installed before the street is paved, with
embedment, backfill, and depths in accordance with City engineering design standards and
specifications, or the crossing shall be bored.
12-U. Gas or Oil Lines
High pressure flammable gas or fuel lines are defined as those which are operated or may be
expected in the future to operate at a pressure of over sixty (60) pounds per square inch.
High pressure flammable gas or fuel lines, installed on public property, shall be buried with a
minimum cover of thirty inches (30'), and shall be marked by an all-weather typed sign,
installed at each crossing and at intervals of not or than three hundred feet (300). The signs
9-45
Rev. 08/04
shall be installed by the utility company, Mate that the line is high pressure, shalt name the
product or products transported therein, the utility company name and an emergency phone
number.
124. Street lights
12-V.1 Goal
To provide adequate street lighting for the protection of property and the public, while in
keeping with a rural setting subdivision.
124.2 Standards
Installation procedures and acceptable standards for street lights shall be governed by the
utility standards of the Public Utilities Department in effect at the time of subdivision
construction or addition thereto.
1. The type and size of luminaire, and the installation and size of street light
services, shall be determined by the Electrical Engineer for the City's Public
Utilities Department. Pole type for mounting of street lights shall be selected by
the Developer, subject to the approved street light pole standards of the Public
Utilities Department.
2. The developer shall furnish satisfactory easements for the installation of services
to street lights, with said easements to normally be five feet (5) in width.
3. The installation of subdivision lighting shall be performed by either of the
following:
(a) By City, subject to cost reimbursement as -provided in Section 9-G herein.
(b) By the developer or his authorized construction representative, subject to
compliance with the utility street light installation standards of the Public
Utilities Department.
12-V.3 Locations
Street lights shall be required at the following locations within rural residential subdivisions:
1. At all street intersections, and
2. At the end of all cul-de-sacs greater than 300' in length.
The subdivider may request street lights at other locations within the subdivision, given that
the locations do not exceed the current standard for street light provision as outlined in
Section 8-T, Street Lights, contained herein.
12-W. Electric Service
12-W.1 Goal
To provide adequate electrical service to all lots within a rural residential subdivision, that is in
keeping with a rural setting and does not compromise the integrity of the City of College
Station electrical distribution system.
12-W.2 Determination of Supplier
All subdividers of rural residential subdivisions shall ascertain which local electric supplier is
certificated to serve the proposed subdivision. Where the supplier of electric service is other
than the City of College Station, the supplier must meet all the applicable City ordinances and
have construction specifications approved by the City's electrical engineer.
12-W.3 Installation
At the developers discretion, lateral electric lines and service lines supplying electric utility
service shall be placed either overhead or underground.
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12-W.4 Easements
The subdivider shall dedicate easements upon forms approved by City for the installation of
utilities, including electric. All liens and other ownership interests shall be subordinated to the
easement use.
12M.5 Underground Service
Where underground electric service is selected, all street lighting and site lighting equipment
shall be placed underground except for the poles on which the lights are to be affixed.
12-W.6 Underground Conduit
The subdivider shall be responsible for furnishing and installing, and the expenses related
thereto, conduit for the installation of all on-site underground development feeder, lateral and
service lines utilized to provide electric utility service to the subdivision. The specifications for
the conduit shall be approved by the electrical department prior to installation.
12-W.7 Auxiliary Equipment
Where electric service is placed underground, all auxiliary equipment for such service,
including but not limited to transformers, junction enclosures and switching devices, shall be
pad-mounted on grade or shall be placed underground.
12-X. Monuments and Corner Markers
All monumentation for a rural residential subdivision shall be in accordance with Section 8-V
contained herein."
(Ordinance No. 2188 of June 27,1996)
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Rev. 08/04
SECTION 13: SPECIAL CONDITIONS IN AREA OF
EXTRATERRITORIAL JURISDICTION
13-A. General
The requirements of Section 12, Rural Residential Subdivision Regulations, shall apply to
subdivisions in the area of extraterritorial jurisdiction, with the following modifications:
(Ordinance No. 2404 of August 12,1999)
13-13. Streets
Streets shall be in conformity with the requirements of Section 8-G, except that the urban-
rural section, as defined in the City engineering standards may be used. This section does
not require curb and gutter, but requires all-weather, gravel or crushed stone base, road
surface with not less than a two (2) course inverted penetration asphalt surface, and shall be
not less than twenty-four feet (24) in width, with a ten foot (10) shoulder on each side. If this
section is used, the minimum right-of-way width shall be seventy feet (70), and if a major
street, as shown on the master plan of streets, crosses or forms a undary of the
subdivision, the right-of-way width shall be as required in the street section.
13-C. Lot Width
If the subdivider constructs streets under the urban rural section, as authorized in 12-B.
above, the minimum lot width shall be one hundred feet (100).
(Ordinance No. 690 of July 15, as amended by Ordinance Nos. 729, 899, 983, 984, 985, 997, and 1066)
13-D. Water Suvoly
Water for all ETJ subdivisions shall be as provided by the City Standards. The requirements
will include the fire flow requirements as provided y the International Fire Code and the
Bryan/Coliege Station Unified Design Guidelines and the BryanlCollege Station Unified
Technical Specifications and all applicable state and federal requirements.
(Ordinance No. 2736 of July 22, 2004)
13_-EE. Sanitary Sewers
The sanitary sewer system shall comply with requirements of the texas Natural Resource
Conservation Commission.
(Ordinance No. 2404 of August 12,1999)
13-F. Drainaoe
Drainage may be by surface channels.
13-G. Street Lights
Street lights are not required.
13-H. Electric Service
Electric service will not be supplied by the City.
13-1. City Participation
The City will not participate in the cost of the subdivision or utilities outside the City limits,
including garbage collection and street maintenance.
9-48
Rev. 08104
MEMORANDUM
DATE: August 10, 2004
TO: Parks and Recreation Advisory Board
FROM: Jane R. Kee, City Planner
RE: Proposed Revisions to Chapter 9, "Subdivision Regulations", Section 10, "Parkland
Dedication Ordinance"
The parkland ordinance is part of the City of College Station Subdivision Regulations. It is required
that it be reviewed every three years. The next review is due in January, 2005, however, this
amendment is being brought forward to address some current issues. Staff is not requesting that the
Board take action tonight, but rather this is an opportunity to discuss the proposed changes as well as
any part of the current ordinance. Once a final draft has been fully reviewed internally, the Board will
have an item for consideration placed on a future agenda. Below is a summary of the proposed
changes.
1. Developers have expressed interest from time to time in installing park improvements themselves
rather than waiting for the City to do so. Current regulations do not provide for this to occur when
parkland has already been dedicated to the City. This amendment addresses that.
2. Current regulations require the dedication of the entire parkland with the first phase of any
development. This amendment will provide for the dedication to occur no later than the second
phase.
3. This amendment reorganizes Section 10.17 "Guidelines and Requirements".
4. Changes to the process for "Fee in Lieu" considerations:
Currently all parkland dedications go to the Board, even ones where very small amounts of
land are required. This amendment allows for the Board to consider anything 3 acres or
greater OR any development with floodplain or greenway and make recommendation to the
Planning & Zoning Commission.
The amendment further allows for the PARD staff to decide on required dedications of less
than 3 acres where there is no floodplain or greenway involved in accordance with the Parks
Master Plan.
4. Requirements for park development are in a Manual of Neighborhood Park Improvements:
v Staff & developer work to prepare concept plan
Within 12 months developer submits detailed construction plans
Value of improvements must meet or exceed the development fee
v Improvements shall be guaranteed prior to any final platting
Improvements shall be complete within 2 years
Board may allow up to one 12-month extension
One-year warranty period with a bond is required
SECTION 10: REQUIREMENTS FOR PARK LAND DEDICATION
10-A. Purpose
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
(Vernon 1999; Vernon Supp. 2004). It is hereby declared by the City Council that
recreational areas in the form of neighborhood parks are necessary and in the public wel-
fare, and that the only adequate procedure to provide for same is by integrating such a
requirement into the procedure for planning and developing property or subdivisions in
the city, whether such development consists of new construction on vacant land or
rebuilding and remodeling of structures on existing residential property.
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 served thereby. The park zones established by the Parks and Recreation Department
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 such facilities.
Therefore, the following requirements are adopted to affect the purposes stated above and
shall apply to any land to be used for residential purposes:
10-13 General Requirements
The City Manager or his designee shall administer this SECTION 10, REQUIREMENTS FOR
PARKLAND DEDICATION.
Dedications shall cover both land acquisition and development costs for neighborhood
parkland for all types of residential development. Dedications shall be based on actual
dwelling units for the entire development. Increases or decreases in final unit count will
require an adjustment in feespaid or land dedicated. If the actual number of dwelling
units exceeds the original estimate additional parkland shall be dedicated in accordance
with the requirements in Section 10 with the filing of a final plat.
The methodology used to calculate fees and land dedications is attached hereto as
Appendix 1 and incorporated and made a part of this ordinance for all purposes.
1. Land Dedication
For single family developments the area of land to be dedicated for parkland purposes
shall be equal to one (1) acre for each one hundred and one (101) dwelling units. For
duplex and other multi-family development this area shall be equal to one (1) acre for
each one hundred and twenty-five (125) dwelling units.
The total amount of land dedicated for the development shall be dedicated in fee simple
by plat:
• prior to the issuance of any building permits for multi-family development, or where
a plat is not required under the Unified Development Ordinance or Chapter 9 of the
Code of Ordinances, or
• prior to the filing of any final plats for single family, duplex or townhouse
development, except for a phased development, where the park shall be platted at the
time that the first phase of the development is platted. Access to the parkland shall
be available no later than the second phase of the development..
2. Fee in Lieu of Land
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
A landowner 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, for any required dedication of three
(3) acres or more, or for any development containing floodplain or greenway, the land
owner must obtain a recommendation from the Parks and Recreation Advisory Board and
approval from the Planning & Zoning Commission pursuant to the plat approval
procedures set out in ARTICLE 3.3 OF THE UNIFIED DEVELOPMENT ORDINANCE AND
CHAPTER 9. The payment in-lieu-of land shall be calculated as required below.
The amount of the fee-in-lieu of land is a fee that shall be sufficient to acquire
neighborhood parkland. The price shall be computed on the basis of one hundred ninety-
eight dollars ($198.00) per dwelling unit for single family development and one hundred
sixty dollars ($160.00) per dwelling unit for duplex and multi-family development.
The total amount of parkland dedication fee calculated for the development shall be
remitted:
• prior to the issuance of any building permits for multi-family development, or where
a plat is not required under the Unified Development Ordinance or Chapter 9 of the
Code of Ordinances, or
• upon submission of each final plat for single family, duplex or townhouse
development.
Fees may be used only for acquisition or development of a neighborhood park located
within the same zone as the development.
The City Manager or his designee is authorized to accept a fee-in-lieu of land for
dedications of less than three (3) acres where there is no floodplain or greenway if there
is a sufficient amount of parkland existing in the park zone of the proposed development
or the dedication is not sufficient for a Neighborhood Park site. This determination shall
be made based on the Recreation, Park & Open Space Master Plan, as amended from
time to time.
3. Park Development Fee
In addition to the land dedication, there shall also be a fee established that is sufficient to
develop the land to meet the Manual of Neighborhood Park Improvements Standards to
serve the zone in which such development is located. This fee shall be computed on the
basis of three hundred fifty-eight dollars ($358) per dwelling unit for single family
developments and two hundred ninety-two ($292) for duplex and multi-family
development. The total fee shall be paid upon submission of each final plat or upon
application for a building permit, whichever is applicable.
Fees paid under this Section may be used only for development or acquisition of a
neighborhood park located within the same zone as the development.
4. Park Development Option in Lieu of Fee
A developer may elect to construct the neighborhood park improvements in lieu of
paying the park development fee required under Section 10.B.3 under the following terms
and conditions:
a. PARD staff will work with the developer to devise a concept plan for the
neighborhood park development. Within twelve (12) months, the developer shall
submit detailed plans and specifications in compliance with the concept plan to The
City Manager or his designee for review.
b. All plans and specifications shall meet or exceed the Manual of Neighborhood Park
Improvement Standards in effect at the time of the submission.
c. Cost estimates shall be determined by the PARD staff and this estimate must meet or
exceed the fee required in 10.13.3.
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
d. If the improvements are constructed on land owned by the Developer, the process of
financial guarantee shall be the same as that found in Section 7 of the Subdivision
Regulations.
e. If the improvements are constructed on land that has already been dedicated and/or is
owned by the City, then the Developer must post payment and performance bonds to
guarantee the payment of all subcontractors and suppliers and to guarantee Developer
completes the work in accordance with the plans, specifications and ordinances and
improvements are accepted by the City.
f The construction of all improvements must be completed within 2 years from the date
of the approval of the plans and specifications by the Parks and recreation Advisory
Board or upon completion of the development whichever occurs first. One extension
of up to twelve (12) months may be granted upon written request to the City Manager
or his designee.
g. Financial Guaranty - The Developer shall post a financial guarantee for 100% of the
estimated cost of the improvements. This guarantee shall be filed with Development
Services upon submission of the first final plat or building permit, whichever is
applicable. The financial guarantee on land owned by developer will be released after
the following requirements are met:
• Improvements must have been constructed in accordance with the approved
plans and specifications
• All parkland upon which the improvements have been constructed has been
dedicated as required under this ordinance
• All manufacturer's warranties have been provided for any equipment
• A certificate of final completion has been issued by the City Manager or his
designee
h. Upon issuance of a certificate of Final Completion, Developer warrants for a period
of one (1) year as per the requirements in the Manual of Neighborhood Park
Improvements Standards. The City Manager or his designee shall release the financial
guarantee provided all warranty work has been completed and accepted by the City.
i. The City may draw down on the financial guarantee if-
• Developer fails to complete the improvements
• Developer fails to complete any warranty work
• Developer fails to dedicate the land on which the improvements are
constructed
j. Developer shall be liable for any deficiency between the amount of the guarantee and
the cost of completion of the installation of improvements or the amount of any
warranty work.
5. Reimbursement for City Acquired Parkland
The City may from time to time acquire land for parks in or near the area of actual or
potential development. If the City does acquire park land in a park zone, the City may
require subsequent parkland dedications for that zone to be in cash only. This will be to
reimburse the City for the cost of acquisition. Once the City has 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
Credit shall be given for land and/or money dedicated pursuant to Ordinance 690 or 983.
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 structures
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
constructed upon property is greater than the former assumed density. Additional dedica-
tion shall be required only for the increase in density and shall be based upon the ratio set
forth in 10-B. of this section.
At the discretion of the Planning & Zoning Commission, any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund, Right to Refund
There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as
the park land dedication fund.
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 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 prorated refund 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
The Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its
recommendations. 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 parks 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 acquired by the City or received as donations.
Park Zones are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are established that follow key topographic features such as major
thoroughfares, streams, and city limit lines.
10-F Parkland Guidelines and Requirements
Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines and requirements shall be used in designing
parks and adjacent development.
1. Any land dedicated to the city under this section must be suitable for park and
recreation uses. The dedication shall be free and clear of any and all liens and
encumbrances that interfere with its use for park purposes. The City Manager or his
designee shall determine whether any encumbrances interfere with park use.
Minerals may be reserved from the conveyance provided that there is a complete
waiver of the surface use by all mineral owners and lessees. A current title report
must be provided with the land dedication. The property owner shall pay all ad
valorum tax or assessments owed on the property up to the date of acceptance of the
dedication by the City. A tax certificate from the Brazos County Tax Assessor shall
be submitted with the dedication.
2. 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. Sites should not be severely sloping
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
or have unusual topography which would render the land unusable for organized
recreational activities.
3. Where feasible, park sites should be located adjacent to greenways and/or schools in
order to encourage both shared facilities and the potential co-development of new
sites.
4. Neighborhood park sites should be adjacent to residential areas in a manner that
serves the greatest number of users and should be located so that users are not
required to cross arterial roadways to access them.
5. Sites should have existing trees or other scenic elements.
6. Detention / retention areas will not be accepted as part of the required dedication, but
may be accepted in addition to the required dedication. If accepted as part of the
park, the detention / retention area design must be approved by the City Manager or
his designee and must meet specific parks specifications in the Manual of
Neighborhood Park Improvements Standards.
7. A proposed subdivision adjacent to a park may not be designed to restrict reasonable
access to the park from other area subdivisions. Street and greenways connections to
existing or future adjoining subdivisions may be required to provide reasonable
access to parks.
8. Where a non-residential use must directly abut a park, the use must be separated by a
screening wall or fence and landscaping. One access point may be required by the
City Manager or his designee.
9. 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.
10. 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. The Developer may request oversize participation in such
instance.
10-G. Consideration and Approval
Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board or the City
Manager or his designee as provided herein, and a recommendation given to the
Commission. The Commission may make a decision contrary to such recommendations
only by a concurring vote of at least five (5) members.
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 acquisition and park development costs
as well as the City's targeted level of service for parkland per one thousand population.
Fees shall be set by resolution of the City Council.
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
APPENDIX I
PARK LAND DEDICATION FEE
METHODOLOGY
1. 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
2000 CENSUS Figures - Total Population - 67,890
2.80 Persons per Household (PPH) for Single Family and 2.28 Persons per Household for Multi-
Family based on census information for owner and renter occupied units. The overall average
from the Census is 2.52 persons per household (dwelling unit).
SINGLE FAMIL Y MUL TI-FAMIL Y
285 people / 2.80 PPH = 101 DUs 285 people / 2.28 PPH= 125 DUs
1 Acre per 101 DUs I Acre per 125 DUs
III. Neighborhood Park Acquisition Costs (Determines Fee in Lieu of Land)
(Assumption) I acre costs $ 20, 000 to purchase
SINGLE FAMILY MULTI-FAMILY
$20,000 / 101 DUs = $198 per DU $20,000 / 125 DUs = $160 per DU
IV. Neighborhood Park Development Costs (Determines Fee for Development)
• Cost of Average Neighborhood Park in College Station is $300,000.
• One Neighborhood parks serves 2,341 people based on a Census population of 67,890 being
served by 29 parks (count includes neighborhood parks and 6 mini parks).
• It costs $128 per person to develop an average intergenerational neighborhood park.
Single Family Multi-Family
$128.00 X 2.80 PPH = $358 per DU $128.00 X 2.28 PPH = $292 per DU
V. Total Fee
Single Family Multi-Family
$198 +$358 =$556 $160 +$292 =$452
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
Jon~ ~j' Draft
` Park Development in Lieu of Fee
I. Site Plan Development
a. Neighborhood park site plans will be provided by the developer with
input from the Parks and Recreation Department staff.
b. Site plan development may require public hearings before the Parks
and Recreation Advisory Board. This will be at the discretion of the
Parks and Recreation Advisory Board.
c. All site plans will require Parks and Recreation Advisory Board
approval. City Council approval may be required as needed.
d. The park development budget is required to be equal to or greater
than the required development fee of the development. Budget
estimates will be approved by the Parks and Recreation Department
staff. Excess amounts over the required development fee are not
transferable to other projects.
II. Park Furnishings
a. In order to maintain consistency with other parks, park site
furnishings will require approval from the Parks and Recreation
Department staff. A list of approved items will be provided.
Alternate substitutions must be approved by the Parks and
Recreation Department staff in advance of construction (see
attached). Specifications of all park furnishings will be provided for
approval by Parks and Recreation Department staff.
b. All items will require a one (1) year warranty from the day of
acceptance by the Parks and Recreation Department.
c. All park construction will be reviewed by the Parks and Recreation
Department staff and other City inspectors for quality control.
III. Construction Documents
a. All construction documents must be sealed by a design
professional.
b. All construction documents must be approved by the Parks and
Recreation Department staff before construction.
O/Board/Park Land Dedication/PL Dedication Policy.doc
Page 1 of 4
C. All projects over the amount of $50,000 will require approval
from the Texas Department of Licensing and Regulations.
Approval is the responsibility of the developer.
d. All built plans of all site items, utilities, and landscaping will be
provided following construction.
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Page 2 of 4
Acceptable Neighborhood Park
Site Furnishings
BENCHES
- Powder coated steel, as manufactured by Victor Stanley # CR-196, 6'long
with vertical steel slats or equal.
DRINKING FOUNTAINS
- Concrete fountains, with dual ht. bubblers, exposed aggregate finish as
manufactured by Haws # 3150 or Stern Williams ADF-3700-C.
BASKETBALL GOALS/BACKBOARDS
- Aluminum backboards, painted white, fan shaped Gametime #854 or
equal.
- Goal, Gametime breakaway type ,#874 or equal.
- Galvanized post, cantilevered, Gametime #459,32" extension, 3-1/2"
diam. post (or equal).
PLAYGROUNDS
- Playgrounds to be manufactured of steel and plastic with powder coating
paint system for steel parts.
- Playgrounds to be a commercial type versus residential use.
- Acceptable manufacturers include:
- Gametime.
- Little Tykes.
- Landscape Structures.
- Playworld Systems.
- Burke.
- Columbia Cascade.
- Recreation Creations.
PLAYGROUND SURFACING
- Poured in place rubber cushioning for playground units.
- Installed at 1-1/2"-2" thick for a 6'ht. fall (foror play units).
- 3/8" pea gravel with 3/8" rubber granule mix, 12"total thickness of gravel
and rubber granules (for swing sets).
- Rubber cushioning installers:
- Surface America.
- Playtop.
- Robertson Industries.
- Gametime.
- Rubber granules available from4-D Corporation, Duncan Oklahoma.
AREA LIGHTS
- Light poles to be direct burial concrete poles 12-16' height above grade.
- Manufactured by Ameron or Traditional Concrete, Inc.
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Page 3 of 4
Light fixtures to be an acorn-shape or antique style, 175 watt minimum
metal halide lamp.
BASKETBALL OR TENNIS COURTS
- To have Plexipave or equal acrylic paint surfacing system or equal on top
of concrete.
SHELTERS
- Shelters to be constructed with galvanized steel columns and framing,
painted.
- Roof to have composition shingles, (25-year) with wood decking under
shingles.
SIGNAGE
- Park signs to be constructed of Cylex (concrete/plastic composite
material) with etched letters.
BRIDGES
- Park bridges to be constructed of Corten self-weathering steel with
treated pine decking.
- Manufacturers:
- Continental.
- Steadfast Bridges.
- Canyon Creek Iron Works.
PICNIC TABLES
- Picnic tables to be aluminum, 6 or 8' long, heavy duty frame (can be
aluminum color or painted) Gametime #796 or 798 or equal.
BIKE RACKS
- Bike racks to be Loop design, painted steel in ground mount Gametime
#7702 or equal.
BBQ GRILLS
- Grills to be galvanized steel, in ground installation, 24" square, 360-
degree rotation, Gametime #51 or equal. Black color.
SHADE COVERS FOR PLAYGROUNDS
- Shade covers to be constructed with galvanized, painted posts and
framing with polypropolene mesh.
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Page 4 of 4
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9, "SUBDIVISIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 9, "Subdivisions", of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibits "A" and "B", 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
unconstitutional, 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 this
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 Five Hundred Dollars ($500.00). 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 ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this 25th day of March, 2004.
APPROVED:
RON SILVIA, Mayor
ATTEST:
Connie Hooks, City Secretary
APPROVED:
City Attorney
O/group/legal/ordinance/amendmentform. doc
ORDINANCE NO. Page 2
EXHIBIT "A"
That Chapter 9, "Subdivisions", Section 10, "Requirements for Park Land Dedication", of the
Code of Ordinances of the City of College Station, Texas, is hereby replaced as set out hereafter
to read as follows:
SECTION 10: REQUIREMENTS 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 (Vernon 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 integratm~ such a requirement into the procedure for planning and developing property or
subdivisions in the city, whether such development consists of new construction on vacant land
or rebuilding 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
served thereby. The park zones established by the Parks and Recreation Department 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 such facilities.
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes:
10-B General Requirement
The City Manager or his designee shall administer this Section 10, Requirements for Parkland
Dedication.
Dedications shall cover both land and development costs for neighborhood parkland for all types
of residential development. Dedications shall be based on dwelling unit numbers as proposed for
the entire development. Increases in unit count will require appropriate increases in fees paid. 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 shall be made payment
of the cash in lieu of land as per 10.13.1, or by the conveyance of an entire numbered lot to the
City. For multi-family development or development where parkland was neither previously
dedicated nor payment made with the filing of a plat, the additional dedication or payment in lieu
of land required by this section shall be made at the time of the building permit application.
10-13-1 Land Dedication
Any and all parkland required to meet the dedication under this section shall be dedicated in fee
simple by a final plat. For single family developments the area of land to be dedicated for
parkland purposes shall be equal to one (1) acre for each one hundred and one (101) proposed
dwelling units. For duplex and other multi-family development this area shall be equal to one (1)
acre for each one hundred and twenty-five (125) proposed dwelling units. For methodology
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refer to Appendix I attached herein and incorporated and made a part of this ordinance for all
purposes.
The required land dedication of this subsection may be met by a payment of money in lieu of
land when permitted or required by the other provisions of this section.
In the event a plat is not required this dedication shall be met prior to the issuance of a building
permit.
Timing/Phasing
The full parkland dedication shall be made prior to the filing of any final plats for single family,
duplex or townhouse development or prior to the issuance of any building permits for multi-
family development, unless approval has been previously granted for phasing of this dedication.
The Parks Board may recommend phasing of a residential development such that the parkland
may be dedicated in pieces with each final plat. This phasing shall be so indicated on a
preliminary plat and approved by the Planning & Zoning Commission. In the event that phasing
of the required parkland is approved, there shall be a guarantee posted to cover the land
dedication fee for those portions not yet dedicated. This guarantee shall be posted prior to the
filing of any final plat for single family, duplex or townhouse development or prior to issuance of
any building permits for multi-family development. In the event that a development is
discontinued before all phases are complete, the Parks Board shall decide how to spend any
guaranteed funds in that particular park zone, if these funds are not requested back as per Section
10-D-2 below. This does not relieve any future developer of the obligation for parkland
dedication on any remainder of the property.
10-13.2 Fee in Lieu of Land
A landowner 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, for any required dedication of three (3) acres or more, or for any
development containing floodplain or greenway, the land owner must obtain a recommendation
from the Parks and Recreation Advisory Board and approval for the cash payment in lieu of land
from the Planning & Zoning Commission pursuant to the plat approval procedures set out in
Article 3.3 of the Unified Development Ordnance. Such payment in 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 is not required. For required dedications of less than three (3)
acres in proposed developments containing no floodplain or greenway, the fee in lieu request will
be approved by the City Manager or his designee. This determination shall be based on whether
there is sufficient park area already in the public domain in the park zone of the proposed
development. If the Director determines the recreation potential for that zone would be better
served by expanding or improving existing parks, then rather than approving the fee in lieu, he
shall refer the matter to the Board for determination.
The fee in lieu of land dedication requirement shall be met by a payment of a fee set from time to
time by resolution by the City Council, sufficient to acquire neighborhood parkland. Unless
changed by the City Council, such per-acre price shall be computed on the basis of one hundred
and ninety-eight dollars ($198) per dwelling unit for single family development and one hundred
and sixty dollars ($160) per dwelling unit for 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.
10-13.3 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 meet 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 fifty-eight
dollars ($358) per dwelling unit for single family developments and two hundred and ninety-two
($292) for duplex and multi-family developments. This fee shall be paid with each final plat
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submitted for single family, duplex or townhouse development or with the building permit for
multi-family development. Refer to Appendix 1. Cash payments may be used only for
development or acquisition of a neighiorhood park located within the same zone as the
development.
10-B.4 Park Development Option 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 and Recreation Advisory Board as per criteria established in the Manual of
Neighborhood Park Improvement Standards as adopted and amended from time to time.. In all
cases the value of the improvements shall meet or exceed the amount of the required park
development fee. All improvements shall be financially guaranteed in an amount equal to the
required development fee This guarantee shall be filed prior to the filing of any final plats for
single family, duplex or townhouse development or prior to any building permits for multi-family
development. 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, Deleted:.
Improvements must be complete within 2 years from the date of the guarantee or upon
completion of the development whichever occurs first. One extension of up to twelve (12)
months may be granted upon formal request to the Parks and Recreation Advisory Board.
Prior to release of any financial guarantee, the following must occur:
• Improvements must have been accepted by the City,
• All park roperty shall have been dedicated to the City,
• The subdivider shall provide a written guarantee of warranty as per Section 7-F., and
• The subdivider shall post another financial guarantee in the amount equal to 25% of the
original bond for a period of one year to cover the warranty period.
Once improvements are accepted by the City, the City shall take over ownership and
maintenance of said improvements. At the end of one year, the Director of PARD shall give
written approval that the financial guarantee may be released if any and all warranty work has
been completed..
10-B.7 The City may from time to time decide to purchase land for parks in or near the area of
actual or potential development. If the City does purchase park 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 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 structures 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements imposed
on the donor of such lands. The Planning and Zoning Commission shall consider the
recommendation of the Parks and Recreation Advisory Board in exercising its discretion under
this subsection.
10-D Special Fund; Right to Refund
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10-13.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as the park
land dedication fund.
10-13.2 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 ( years from the date received by the City for acquisition and/or
development of a neighbor ood park as defined herein. 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 prorata refund 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 enti-
tlement, in writing, or such right shall be barred.
10-E Comprehensive Plan Considerations
10-E.1 The Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its 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 parks 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 are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are 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 recreation
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.
(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 would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required
dedication, but may be accepted in addition to the required dedication. If
accepted as part of the park, the detention / retention area design must be
approved by the City staff and must meet specific parks specifications.
10-F.2 Parks should be easy to access and open to public view so as to benefit area
development, enhance the visual character of the city, protect public safety and minimize conflict
with adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where feasible, park sites should be located adjacent to greenways and/or
schools in order to encourage both shared facilities and the potential co-
development of new sites.
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(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-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
Any proposal considered by the Planning and Zoning Commission under this section shall have
been reviewed by the Parks and Recreation Advisory Board or as provided above in Section
10.13.2, and a recommendation given to the Commission. The Commission may make a decision
contrary to such recommendations only by a concurring vote of at least five (5) members.
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 one thousand population. Fees shall be set by resolution of the
City Council.
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EXHIBIT "B"
That Chapter 9, "Subdivisions", Sections IA, "Function of Planning and Zoning Commission",
and 8-M.6, "Sidewalks' of the Code of Ordinances of the City of College Station, Texas, are
hereby amended, as set out hereafter to read as follows:
SECTION IA: FUNCTION OF PLANNING AND ZONING COMMISSION
In accordance with the authority granted by applicable statutes, ordinances, and regulations, the
commission shall approve or disapprove plats, subdivisions, and repplats of land within the
corporate limits and extraterritorial urisdiction of the City. If a plat conTorms to this article, state
law, and all other rules and regulations pertaining to the platting of land, the commission shall
endorse its approval upon the plat.
(Ordinance No. 2179 of May 9, 1996)
Deleted: If the
SECTION 8-M Sidewalks subject property has
been rezoned to PDD
Planned Development
8-M.6 Exceptions to or partial waiver of the requirements of 8-M.1. may be granted by they District, the City
Planning and Zoning Commission when it has been determined that Satisfactory Council may approve
alternative pedestrian ways or pedestrian/bikeways have been or will be provided general modifications
outside the normal right-of-way; or that unique circumstances or unusual topographic, to the subdivision
vegetative, or other natural conditions prevail to the extent that strict adherence to standards. The
said requirements would be unreasonable and not consistent with the purposes and general modifications
goals of this chapter or the comprehensive development plan. shall be mace in
the ordinance tha that
rezones the property.
The City Planning
Staff shall determine
the specific standards
that comply with the
general modifications
of the subdivision
standards at the time a
site plan is approved.
The applicant or the
City Planning Staff
may have the
Planning and Zoning
Commission
determine the specific
standards that comply
with the general
modifications
approved by the City
Council.¶
Deleted: City
Council upon
recommendation of
the
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MEMORANDUM
DATE: January 7, 2004
TO: Parks and Recreation Advisory Board
FROM: Jane R. Kee, City Planner
RE: Proposed Revisions to Chapter 9, "Subdivision Regulations", Section 10,
"Parkland Dedication Ordinance"
Although the 3-year review of the parkland ordinance is not due until January 2005, this
amendment is being brought forward to address some current issues. Below is a summary of the
proposed changes.
1. Developers have expressed interest from time to time in installing park improvements
themselves rather than waiting for the City to do so. Current regulations do not provide for
this to occur when parkland has already been dedicated to the City. This amendment
addresses that.
2. Current regulations do not allow for phasing of parkland dedications. Typically staff requires
the dedication with the first phase of any development. This amendment will provide for the
phasing of the required land dedication to be considered by the Board and the Commission.
In this event provisions are made for providing monetary guarantees for future phased
dedications.
3. Changes to the process for "Fee in Lieu" considerations:
Currently all parkland dedications go to the Board, even ones where very small amounts
of land are required. This amendment allows for the Board to consider anything 5 acres
or more OR any development with floodplain or greenway and make recommendation to
the Commission.
The amendment further allows for the Director or his designee to decide on required
dedications of less than 5 acres where there is no floodplain or greenway involved. The
Director may forward the case to the Board.
4. Developer improved parkland requirements:
Plans must be approved by the Board
Value of improvements must meet or exceed the development fee
v Improvements shall be guaranteed prior to any final platting
Improvements shall be complete within 2 years
Board may allow up to one 12-month extension
One-year warranty period with a bond is required
[Jane Kee - February 9, 2004.doc T _ _-_.__~_-a_ Page 1
4
AGENDA
Parks and Recreation Advisory Board
Regular Meeting
Tuesday, February 10, 2004, 7:00 p.m.
The EXIT Teen Center
1520 Rock Prairie Road
College Station, Texas
1. Call to order.
2. Pardon - possible action concerning requests for absences of members from
meeting.
3. Hear visitors.
4. Discussion, consideration, and possible approval of minutes from the Regular
Meeting of January 13, 2004.
1
5. Report, discussion, and possible action co nin u t to the Park Land
Dedication Ordinance (Board Goal #3).
0N`
6. Report, discussion, and possible action regarding intergeneratlonal park projects,
neighborhood parks, athletic field equity, and Veterans Park & Athletic Complex.
7. Report, discussion, and possible action regarding the Arboretum (Board Goal #6)
Report by Curtis Bingham.
8. Draft Guidelines for the Naming of Public Facilities.
9. Report, discussion, and possible action concerning the Capital Improvement
Program:
■ Park Land Dedication Project List
• Current Capital Improvement Project List
■ November 2003 Bond Election Projects
10. Review, discussion, and possible action concerning Board and Departmental Goals
and Objectives, and City Council Strategic Plan.
11. Discussion of calendar, future meeting dates and possible agenda items:
■ March 9, 2004 regular meeting
■ Calendar Year 2005 Fees Subcommittee Meeting
■ Woodway Park Public Hearing
• TMPA Regional Park tour
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made 48 hours before the meeting. To make arrangements call
(979) 764-3517 or (TDD) 1-800-735-2989.
Jane Kee -February 9, 2004.doc Page 2
12. Adjourn
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made 48 hours before the meeting. To make arrangements call
(979) 764-3517 or (TDD) 1-800-735-2989.
Jane Kee - January 13, 2004.doc
Parks and Recreation Advisor Board
Tuesday, January 13, 2004, at 7:00 .m.
P. David Romei Arts Center
2275 Dartmouth
College Station, Texas
Staff Present: Steve Beachy, Director of Parks and Recreation;
Eric Ploeger, Assistant Director; Peter Vanecek, Senior Park Planner; Peter
Lamont, Recreation Superintendent; Curtis Bingham, Parks Operations
Superintendent; Marci Rodgers, Senior Services Coordinator; Ann Marie
Hazlett, Secretary.
Board Members Present: John Nichols, Chairman; Glen Davis; Larry
Farnsworth; Ken Livingston; Don Allison; Jodi Warner; Gary Erwin, Alternate.
Board Member Absent: Glenn Schroeder.
Guests: Jane Kee, City Planner, Development Services
i
i
Visitors:
Joe Schultz, 3208 Innsbruck
Marcus Hamilton, 3602 Dorchester Ct.
Raymond Reed, 1601 Wolf Pen Creek Ct.
Robert Meyer, 308A Pershing
Joanna Yeager, 100 Mortier #1004
Suzanne & Brian Reynolds, 339 Landsburg
1. Call to order: John Nichols called the meeting to order at 6:58 p.m.
2. Pardon N possible action concerning requests for absences of
members from meeting: There were no absentee requests submitted.
3. Hear visitors: Hearing none, this item was closed.
4. Discussion, consideration, and possible approval of minutes from
the Regular Meeting of December 9, 2003: Ken L. moved to approve
the minutes from December 9, 2003. Don A. seconded the motion. All
were in favor and the motion passed unanimously.
Parks and Recreation Advisory Board
Regular Meeting
Tuesday, January 13, 2004
Page 1 of 7
- - -
Jane Kee January 13, 2004.doc Page 2
5. Discussion, reconsideration, and possible action regarding a park
land dedication request for the Villas of Harvey (Park Zone 4):
This proposed multi-family, 576 dwelling-unit development is located
north of Highway 30, east of Veterans Park and Athletic Complex. The
total land dedication requirement would be 4.6 acres. The total cash
dedication requirement would be $92,160 for fee in lieu of land. The
Park Development fee would be $168,192 for the 576 dwelling units.
Glen D. made a motion to accept the park land dedication of 5.54 acres
plus the additional 1.25 acres (see attachment #1). Don A. seconded the
motion. John N. expressed his concerns regarding accepting the proposal
with most of the parkland in the floodplain. After some discussion, all
were in favor of the motion and the motion passed unanimously.
6. Discussion, consideration, and possible action on a report from
the Senior Advisory Committee concerning future usage of the
Central Park Office Building: Dr. Raymond Reed, member of the
Senior Advisory Committee, made a presentation regarding transforming
the Central Park Office Building into a Senior Center. He asked that, on
behalf of the Senior Advisory Committee, the Parks Board recommend to
the City Council when the Parks and Recreation Department headquarters
becomes available, that it be renovated and be dedicated for use as a
Senior Center. He expressed the importance of having a Senior Center in
this community and believes that the existing Central Park Office would
be a great place to have one:
a. It has close parking with handicapped access to all facilities;
b. Options for easy and economic conversions for meeting rooms
and activity rooms;
c. Nearby pathways, picnic tables, benches, fishing ponds;
d. It is in a park setting, which will encourage interaction between
all ages, races, and cultures; and
e. The presence of seniors in children's play areas increases the
security of those areas.
The building has roughly 6,500 gross square feet. Some of the
renovations discussed included adding a small elevator for upstairs
access, installing an upstairs restroom facility, removing some non-load
bearing walls to make bigger meeting/activity rooms, repainting, having a
full service kitchen, and doing some minor electrical work. These
renovations are estimated to cost around $150,000.
Glen D. asked what discussions had been held about what would happen
Parks and Recreation Advisory Board
Regular Meeting
Tuesday, January 13, 2004
Page 2 of 7
Jane Kee - January 13, 2004.doc Page 3
to the Central Park Office once it was vacated and what the other options
would be. Steve B. replied that there has not been any discussion
regarding the future of the building. Other alternatives could include
some kind of retreat center, but he stressed that it would be important to
keep the building for some type of park use. Dr. Reed added that
although this is being proposed as a Senior Center, rooms would be
available for other uses as well.
Don A. made a motion to recommend to the City Council, that when it
becomes available, the Central Park Office be renovated and be dedicated
for use as a Senior Center. Ken L. seconded the motion. All were in
favor and the motion passed unanimously.
7. Report, discussion, and possible action concerning updates to the
Park Land Dedication Ordinance: Jane Kee, City Planner, explained
that this discussion was generated by requests from developers that want
to do their own park improvements. The language in the current
regulations implies that the land has to be improved before it is dedicated
to the city. The way Development Services administers the regulations in
another section is that the park land has to be dedicated before the first
plat. The purpose of this discussion was to try and remedy this confusion
with the attached amendments (see attachment #2),
One of the things Development Services was trying to do was to correct
the Ordinance so that developers could install park improvements
regardless of whether the park land had been dedicated yet or not. Also,
the Ordinance currently stated that parkland must be dedicated before
the first plat is filed. Some provisions had been written in Section 10-B-1,
which would allow parkland phasing to be considered by the Parks Board
and recommended to the Planning and Zoning Board when they consider
a plat. Furthermore, a section had been added that states that the Parks
Board would consider all dedications of five acres or more, and/or if there
was any floodplain or greenway as part of the development. If the
dedication is less than five acres and there is no greenway or floodplain,
then the Parks Director or designee could approve only the fee in lieu of
land. It was stated that five acres might be too large for the Director to
accept the fee in lieu of land and that two or three acres might be
preferable.
Finally, if a developer chose to make improvements to a park, the plans
would have to come to the Parks Board. A manual of neighborhood park
development standards, which would be adopted by the Parks Board,
would serve as a guide for developers to use. Improvements would have
to be guaranteed by a bond or a Letter of Guarantee. The improvements
Parks and Recreation Advisory Board
Regular Meeting
Tuesday, January 13, 2004
Page 3 of 7
Jane Kee - January 13, 2004.doc Page 4
would have to be completed within two years from the time that the
guarantee was filed. Additionally, there would be a one-year warranty
period by bond, which would be in the amount of 25% of the original
bond for any type of warranty work that may need to be done. Glen D.
asked if there had been any thought regarding the time of completion of
the park, to the completion of the development. Jane K. answered that
language could be added to say that the park must be completed within
two years or upon completion of the development, whichever came first.
This was a discussion item only and no motion was made.
8. Discussion, consideration, and possible action concerning a policy
for Soccer Field Use: Various soccer groups have been requesting the
use of soccer game fields for practices due to their growing needs for
more practice fields. Currently, the Soccer Field Rental and Use Policy
states that there will be no practices on game fields.
Suggested changes to the policy would allow for limited use of game
fields for practices. However, the number of practices that would be
allowed on the game fields would not be determined until a game
schedule from each of the soccer organizations (BCS Soccer League,
Aggieland Soccer Club, Brazos Valley Youth Soccer Association, College
Station Soccer Club) was submitted to the Parks Department. Once
schedules have been submitted, Parks staff would determine how much
additional use the fields could handle before they start to deteriorate.
The policy does allow for the Parks Department to close soccer fields at
their discretion due to weather and/or turf conditions.
The Parks Department is requesting schedules from each of these groups
as soon as possible after their registration time because the Parks
Department reserves the right to rent these fields to others at times when
they are not in use. Each group will have a league authorized
representative which will coordinate all field usage with the Parks
Department.
Each organization was asked to keep their website current with rainout
information. Additionally, the Parks Department would supply a list of
locations that have goals and are available for practices. Also,
maintenance schedules will be distributed which will show approximate
dates that fields will be closed for routine maintenance. Furthermore, any
soccer clinic that will be held at College Station facilities must be
approved by the Parks Department no less than 10 days prior to the start
of that clinic.
Also, league advancement tournaments that are to be held at College
Parks and Recreation Advisory Board
Regular Meeting
Tuesday, January 13, 2004
Page 4 of 7
Jane Kee - January 13, 2004.doc Page 5
Station facilities will be covered under the User Agreement Policy instead
of applying for and paying for a separate tournament agreement.
However, a fundraiser tournament, invitational, or any other outside
tournament, would require a regular Tournament Agreement as well as
payment for all tournament fees.
Don A. asked if the competitive soccer teams pay for use of the fields.
Peter L. answered that they do not. Don A. brought up that the
competitive girls softball teams have to pay to practice on the softball
fields and expressed his dislike of having some groups paying and some
not. Glen D. agreed that there needs to be discussion regarding equity
among how all user groups are charged. This issue will be discussed when
fees are talked about in the spring.
Glen D. made a motion to adopt the Soccer Policy as written. Gary E.
seconded the motion. John N. had a few comments regarding language
use, and added that with those changes he was in support of the policy.
All were in favor, and the motion passed unanimously.
9. Discussion, consideration, and possible action concerning park
issues in Park Zones 10 and 13: The Board asked that this issue be
discussed as a result of the school district locating a new elementary
school in Park Zone 13 instead of Park Zone 10. Prior to this school
district decision, most discussion had been dedicated to park issues in
park zone 10. Steve B. did state that the land in Park Zone 10 which the
school district owns could still be used as a park site even though the
elementary school would not be located there. One of the Department's
goals is to try and locate parks near schools where possible. However in
this case, it does not seem like a logical conclusion. The new elementary
school will be close to the Castlegate Subdivision which already has a
neighborhood park. Also, if a park were to be next to the school, it would
not be accessible due to its location to Highway 40. This was a discussion
item only, and no motion was made.
10. Discussion, consideration, and possible action concerning a report
from the Park Naming Subcommittee: Jodi W. reported that City
Council was reviewing a naming policy that could possibly affect how the
Parks Board names facilities. One of the concerns in this potential naming
policy is that a facility could only be named after a person that had been
deceased for one year or more. The draft policy would be presented in a
Council workshop on February 12, 2004.
I
The Subcommittee identified several parks that were to be named and
prioritized those parks. They tried to identify names of people that might
Parks and Recreation Advisory Board
Regular Meeting
Tuesday, January 13, 2004
Page 5 of 7
Jane Kee - January 13, 2004.doc Page 6
have a particular relation to the area that the parks are located in. The
four parks discussed were as follows, along with the potential person the
park could be named after:
a. Zone 10 Park (Shenandoah Park) - North Bardell former City Manager.
b. Zone 7 Park (Woodway Park) - Lowell Denton who was the attorney
who took the park land dedication ordinance to the Supreme Court.
c. Zone 6 Park (Southwest Park) - O.D. Butler
d. Zone 2 Park (Eastgate Park) - O.C. Cooper
This was a discussion item only and no motion was made.
11. Discussion, consideration, and possible action concerning the
design process for Woodway Park: Woodway Park is the only park
located in Park Zone 7, which is undeveloped. The city was working to
acquire additional property for this park, which was contingent on the City
being able to extend Jones-Butler Road. City staff was ready to move
forward with the design of this park and was recommending holding at
least one public hearing in February regarding this park.
Pete V. showed the board a couple of potential concepts for this park (see
attachments #3 & #4). This was a discussion item only and no motion
was made.
12. Report, discussion, and possible action concerning the Capital
Improvement Program:
a. Park Land Dedication Project List
b. Current Capital Improvement Project List - Glen D. asked for an
update regarding the Bee Creek lighting project. Eric P. replied that
the big problem is the ability to get the poles delivered. The poles
have been cast, and they need a ten-day curing process, and should
be shipped around January 20th. Pete V. reported that hopefully the
project would be completed by February 1St
c. November 2003 Bond Election Project - John N. asked if the
$310,000 dedicated to park facility upgrades would be done in the first
year. Steve replied that in the first year, approximately $150,000 is to
be used. John N. wanted to see a priority list of what items would be
done with the first $150,000.
Don A. asked if anything was being done about placing lights in the
Jack and Dorothy Miller Park behind Rock Prairie School. Glen D.
asked that this be an agenda item in the future.
i
Parks and Recreation Advisory Board
Regular Meeting
Tuesday, January 13, 2004
Page 6 of 7
Jane Kee January 13, 2004.doc Page 7
13. Review, discussion, and possible action concerning Board and
Departmental Goals and Objectives, and City Council Strategic
Plan: John N. would like for Parks goal #7 (Develop recommendations for
botanical gardens in existing or proposed parks) to be addressed in the
next couple of meetings. He also reported that goal #6 (Restore the
Arboretum at Bee Creek Park to its former value) would be discussed in
February.
14. Discussion of calendar, future meeting dates and possible agenda
items: The next meeting will be on Tuesday, February 10, 2004 at 7:00
PM at the Exit Teen Center. A public hearing will also be scheduled in
February regarding Woodway Park. Additionally, a joint tour with the
Bryan Parks & Recreation Board of the Regional Park (TMPA) site will be
on April 15, 2004.
15. Adjourn: The meeting adjourned at 10:00 p.m.
Parks and Recreation Advisory Board
Regular Meeting
Tuesday, January 13, 2004
Page 7 of 7
SECTION 10: REQUIREMENTS 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
(Vernon 1999; Vernon Supp. 2004). It is hereby declared by the City Council that
recreational areas in the form of neighborhood parks are necessary and in the public wel-
fare, and that the only adequate procedure to provide for same is by integrating such a
requirement into the procedure for planning and developing property or subdivisions in
the city, whether such development consists of new construction on vacant land or
rebuilding 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 served thereby. The park zones established by the Parks and Recreation Department
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 such facilities.
Therefore, the following requirements are adopted to affect the purposes stated above and shall
apply to any land to be used for residential purposes:
10-B General Requirements
The City Manager or his designee shall administer this SECTION 10, REQUIREMENTS FOR
PARKLAND DEDICATION.
Dedications shall cover both land acquisition and development costs for neighborhood parkland
for all types of residential development. Dedications shall be based on actual dwelling units for the
entire development. Increases or decreases in final unit count will require an adjustment in fees
paid or land dedicated. If the actual number of dwelling units exceeds the original estimate
additional parkland shall be dedicated in accordance with the requirements in Section 10 with the
filing of a final plat.
The methodology used to calculate fees and land dedications is attached heret as A pendix'1"~d
incorporated and made a part of this ordinance for all purposes.
The total amount of parkland dedication or fees calculated for the development shall be remitted:
1. prior to the filing of any final plats for single family, duplex or townhouse
development; OR
2. prior to the issuance of any building permits for multi-family development, or
where a plat is not required under the Unified Development Ordinance or
Chapter 9 of the Code of Ordinances.
A payment of money in-lieu-of land may be used to satisfy the land dedication
requirement when permitted by Section 10.B.2 or as otherwise required herein.
10-13-1 Land Dedication
Any and all parkland required to meet the dedication requirement under this section shall
be dedicated in fee simple upon the submission of a final plat.
For single family developments the area of land to be dedicated for parkland purposes
shall be equal to one (1) acre for each one hundred one (101) dwelling units. For duplex
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
and other multi-family development this area shall be equal to one (1) acre for each one
hundred twenty-five (125) dwelling units.
10-13.2 Fee in Lieu of Land
A landowner 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, for any required dedication of
three (3) acres or more, or for any development containing floodplain or greenway, the
land owner must obtain a recommendation from the Parks and Recreation Advisory
Board and approval from the Planning & Zoning Commission pursuant to the plat
approval procedures set out in ARTICLE 3.3 OF THE UNIFIED DEVELOPMENT ORDINANCE
AND CHAPTER 9. The payment in-lieu-of land shall be calculated as required below.
The amount of the fee-in-lieu of land is a fee that shall be sufficient to acquire
neighborhood parkland. The per-acre price shall be computed on the basis of one
hundred ninety-eight dollars ($198.00) per dwelling unit for single family development
and one hundred sixty dollars ($160.00) per dwelling unit for duplex and multi-family
development.
Fees may be used only for acquisition or development of a neighborhood park, loca 'dam
within the same zone as the development. ~QQ~
Dedications of less than three (3) acres C C , 1~
The City Manager or his designee is authorized to accept a ee-in-lieu of land for k
dedications of less than three (3) acres where there is no floo lain or greenway if there .
is a sufficient amount of parkland existing in the park zone f the proposed development Co-
n or
n
onsi era ion. a annm an Lonin
na
O 10-13.3 Park Development Fee
In addition to the land dedication, there shall also be a fee established that is sufficient to
develop the land to meet the Manual of Neighborhood Park Improvements Standards to
serve the zone in which such development is located. This fee shall be computed on the
basis of three hundred fifty-eight dollars ($358) per dwelling unit for single family
developments and two hundred ninety-two ($292) for duplex and multi-family
development. The total fee shall be paid upon submission of each final plat or upon
application for a building permit whichever is applicable.
Fees paid under this Section may be used only for development or acquisition of a
neighborhood park located within the same zone as the development.
10-13.4 Park Development Option in Lieu of Fee
A developer may elect to construct the neighborhood park improvements in lieu of
paying the park development fee required under Section 10.B.3 under the following terms
and conditions:
1. The D velope shall submit plans and specifications to
for review and approval by the Parks and Recreation Advisory
Board. (The Parks Board does not have any approval authority in their by laws.
If you want to give them approval authority you must amend the by-laws and
delegate it under specific criteria in the ordinance). Question: When does the
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
developer have to submit these plans? Prior to submission of final plat, with his
application for final plat....?
2. All plans and specifications shall meet or exceed the Manual of Neighborhood Park
Improvement Standards in effect at the time of the submission
3. The actual cost of the improvements shall meet or exceed the park development fee
in 10.13.3.
4. Developer shall post a financial guarantee for 125% of the estimated actual cost of
the improvements
5. This guarantee shall be filed with upon submission of the first final plat
or building permits, whichever is applicable.
6. ' If the improvements are constructed on land owned by the Developer, the process of
financial guarantee shall be the same as that found in Section 7 of the Subdivision
Regulations
7. If the improvements are constructed on land that has already been dedicated and/or is
owned by the City, then the Developer must post payment and performance bonds to
guarantee the payment of all subcontractors and suppliers and to guarantee
Developer completes the work in accordance with the plans, specifications and
ordinances and improvements are accepted by the City.
The construction of all improvements must be completed ~v'thin 2 ,year om the date ~f
the approval of the plans and specifications by the, or upon completion 11 of the development whichever occurs first. One extension of up to twelve (12) months
may be granted upon written request to the City Manager or his designee.
The financial guarantee on land owned by developer will be released after the following
requirements are met:
1. Improvements must have been constructed in accordance with the approved
plans and specifications
2. All parkland upon which the improvements have been constructed has been
dedicated as required under this ordinance
3. All manufacturer's warranties have been provided for any equipment
4. A certificate of final completion has been issued by the City Manager or his
designee
Upon issuance of a certificate of Final Completion, Developer warrants for a
period of one (1) year as follows:
All materials and equipment provided to the City shall be new unless otherwise
approved in advance by the City Manager or his designee and that all work will be
of good quality, free from faults and defects, and in conformance with the designs,
plans, specifications, and drawings, and recognized industry standards. This
warranty, any other warranties express or implied, and any other consumer rights,
shall inure to the benefit of the City only and are not made for the benefit of any
party other than the City.
All work not conforming to these requirements, including but not limited to unapproved
substitutions, may be considered defective.
This warranty is in addition to any rights or warranties expressed or implied by law.
Where more than a one (1) year warranty is specified in the applicable plans,
specifications, or submittals for individual products, work, or materials, the longer
warranty shall govern.
This warranty obligation shall be covered by any performance or payment bonds tendered
in compliance with this Ordinance.
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
Defective Work Discovered During Warranty Period. If any of the work is found or
determined to be either defective, including obvious defects, or otherwise not in
accordance with this ordinance, the designs, plans, drawings or specifications within one
(1) year after the date of the issuance of a certificate of Final Completion of the work or a
designated portion thereof, whichever is longer, or within one (1) year after acceptance by
the City of designated equipment, or within such longer period of time as may be
prescribed by law or by the terms of any applicable special warranty required by this
ordinance, Developer shall promptly correct the defective work at no cost to the City.
During the applicable warranty period and after receipt of written notice from the City to
begin corrective work, Developer shall promptly begin the corrective work. The
obligation to correct any defective work shall be enforceable under this code of
ordinances. The guarantee to correct the defective work shall not constitute the exclusive
remedy of the City, nor shall other remedies be limited to the terms of either the warranty
or the guarantee.
If within twenty (20) calendar days after the City has notified Developer of a defect,
failure, or abnormality in the work, Developer has not started to make the necessary
corrections or adjustments, the City is hereby authorized to make the corrections or
adjustments, or to order the work to be done by a third party. The cost of the work shall
be paid by Developer.
The cost of all materials, parts, labor, transportation, supervision, special instruments, and
supplies required for the replacement or repair of parts and for correction of defects shall
be paid by Developer, its contractors, or subcontractors or by the surety.
The guarantee shall be extended to cover all repairs and replacements furnished, and the
term of the guarantee for each repair or replacement shall be one (1) year after the
installation or completion. The one (1) year warranty shall cover all work, equipment,
and materials that are part of the improvements made under this section of the ordinance.
The City Manager or his designee shall release the financial guarantee provided all
warranty work has been completed and accepted by the City.
The City may draw down on the financial guarantee provided under Chapter 9, Section 7
if..
1, Developer fails to complete the improvements
2. Developer fails to complete any warranty work
3. Developer fails to dedicate the land on which the improvements are constructed
Developer shall be liable for any deficiency between the amount of the guarantee and the
cost of completion of the installation of improvements or the amount of any warranty
work.
10-13.7 The City may from time to time acquire land for parks in or near the area of actual or
potential development. If the City does acquire park land in a park zone, the City may
require subsequent parkland dedications for that zone to be in cash only. This will be to
reimburse the City for the cost of acquisition. Once the City has 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
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
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 structures
constructed upon property is greater than the former assumed density. Additional dedica-
tion 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund, Right to Refund
10-D.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as
the park land dedication fund.
10-13.2 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 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 prorata refund 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 Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its
recommendations. 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 parks 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 acquired by the City or received as donations.
10-E.2 Park Zones are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are established that follow key topographic features such ajor "
thoroughfares, streams, and city limit lines. (J °
07~
10-FA Any land dedicated to the city under this section must be suitable for park and recreation
uses. All land dedicated must be dedicated in fee simple by general warranty deed and
also be depicted on any preliminary and final plat. The dedication shall be free and clear
of any and all liens and encumbrances that interfere with its use for park purposes. The
City Manager or his designee shall determine whether any encumbrances interfere with
park use. Minerals may be reserved from the conveyance provided that there is a
complete waiver of the surface use by all mineral owners and lessees. A current title
report must be provided with the land dedication. The property owner shall pay all ad
valorum tax or assessments owed on the property up to the date of acceptance of the
dedication by the City. A tax certificate from the Brazos County Tax Assessor shall be
` submitted with the dedication.
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.
t Y v
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
/ (a) Neighborhood park sites should be adjacent to residential areas in a manner that
serves the greatest number of users.
(b) Neighborhood park sites should be located so that users are not required to cross
n arterial roadways to access them.
,tom ~(c) Sites should not be severely sloping or have unusual topography which would
render the land unusable for organized recreational activities.
/ (d) Sites should have existing trees or other scenic elements.
_(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City
Manager or his designee and must meet specific parks specifications.
10-F.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where feasible, park sites should be located adjacent to greenways and/or
schools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-residential use must directly abut a park, the use must be separated
by a screening wall or fence and landscaping. kvAifts 'i
(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
Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board or the City
Manager or his designee as provided herein, and a recommendation given to the
Commission. The Commission may make a decision contrary to such recommendations
only by a concurring vote of at least five (5) members.
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 acquisition and park development costs
as well as the City's targeted level of service for parkland per one thousand population.
Fees shall be set by resolution of the City Council.
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
SECTION 10: REQUIREMENTS FOR PARK LAND DEDICATION
10-A. Purpose
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
(Vernon 1999; Vernon Supp. 2004). It is hereby declared by the City Council that
recreational areas in the form of neighborhood parks are necessary and in the public wel-
fare, and that the only adequate procedure to provide for same is by integrating such a
requirement into the procedure for planning and developing property or subdivisions in
the city, whether such development consists of new construction on vacant land or
rebuilding and remodeling of structures on existing residential property.
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 served thereby. The park zones established by the Parks and Recreation Department
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 such facilities.
Therefore, the following requirements are adopted to affect the purposes stated above and
shall apply to any land to be used for residential purposes:
10-B General Requirements
The City Manager or his designee shall administer this SECTION 10, REQUIREMENTS FOR
PARKLAND DEDICATION.
Dedications shall cover both land acquisition and development costs for neighborhood
parkland for all types of residential development. Dedications shall be based on actual
dwelling units for the entire development. Increases or decreases in final unit count will
require an adjustment in fees paid or land dedicated. If the actual number of dwelling
units exceeds the original estimate additional parkland shall be dedicated in accordance
with the requirements in Section 10 with the filing of a final plat.
The methodology used to calculate fees and land dedications is attached hereto as
Appendix 1 and incorporated and made a part of this ordinance for all purposes.
1. Land Dedication
For single family developments the area of land to be dedicated for parkland purposes
shall be equal to one (1) acre for each one hundred and one (101) dwelling units. For
duplex and other multi-family development this area shall be equal to one (1) acre for
each one hundred and twenty-five (125) dwelling units.
The total amount of land dedicated for the development shall be dedicated in fee simple
by plat:
• prior to the issuance of any building permits for multi-family development, or where
a plat is not required under the Unified Development Ordinance or Chapter 9 of the
Code of Ordinances, or
• prior to the filing of any final plats for single family, duplex or townhouse
development, except for a phased development, where the park shall be platted at the
time that the first phase of the development is platted. The development shall be
phased in such a way that there is access to the parkland with the second phase of the
development.
2. Fee in Lieu of Land
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
A landowner 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, for any required dedication of three
(3) acres or more, or for any development containing floodplain or greenway, the land
owner must obtain a recommendation from the Parks and Recreation Advisory Board and
approval from the Planning & Zoning Commission pursuant to the plat approval
procedures set out in ARTICLE 3.3 OF THE UNIFIED DEVELOPMENT ORDINANCE AND
CHAPTER 9. The payment in-lieu-of land shall be calculated as required below.
The amount of the fee-in-lieu of land is a fee that shall be sufficient to acquire
neighborhood parkland. The price shall be computed on the basis of one hundred ninety-
eight dollars ($198.00) per dwelling unit for single family development and one hundred
sixty dollars ($160.00) per dwelling unit for duplex and multi-family development.
The total amount of parkland dedication fee calculated for the development shall be
remitted:
• prior to the issuance of any building permits for multi-family development, or where
a plat is not required under the Unified Development Ordinance or Chapter 9 of the
Code of Ordinances, or
• upon submission of each final plat for single family, duplex or townhouse
development.
Fees may be used only for acquisition or development of a neighborhood park located
within the same zone as the development.
The City Manager or his designee is authorized to accept a fee-in-lieu of land for
dedications of less than three (3) acres where there is no floodplain or greenway if there
is a sufficient amount of parkland existing in the park zone of the proposed development
or the dedication is not sufficient for a Neighborhood Park site. This determination shall
be made based on the Recreation, Park & Open Space Master Plan, as amended from
time to time.
3. Park Development Fee
In addition to the land dedication, there shall also be a fee established that is sufficient to
develop the land to meet the Manual of Neighborhood Park Improvements Standards to
serve the zone in which such development is located. This fee shall be computed on the
basis of three hundred fifty-eight dollars ($358) per dwelling unit for single family
developments and two hundred ninety-two ($292) for duplex and multi-family
development. The total fee shall be paid upon submission of each final plat or upon
application for a building permit, whichever is applicable.
Fees paid under this Section may be used only for development or acquisition of a
neighborhood park located within the same zone as the development.
4. Park Development Option in Lieu of Fee
A developer may elect to construct the neighborhood park improvements in lieu of
paying the park development fee required under Section 10.B.3 under the following terms
and conditions:
a. PARD staff will work with the developer to devise a concept plan for the
neighborhood park development. Within twelve (12) months, the developer shall
submit detailed plans and specifications in compliance with the concept plan to The
City Manager or his designee for review.
b. All plans and specifications shall meet or exceed the Manual of Neighborhood Park
Improvement Standards in effect at the time of the submission.
c. Cost estimates shall be determined by the PARD staff and this estimate must meet or
exceed the fee required in 10.B.3.
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
d. If the improvements are constructed on land owned by the Developer, the process of
financial guarantee shall be the same as that found in Section 7 of the Subdivision
Regulations.
e. If the improvements are constructed on land that has already been dedicated and/or is
owned by the City, then the Developer must post payment and performance bonds to
guarantee the payment of all subcontractors and suppliers and to guarantee Developer
completes the work in accordance with the plans, specifications and ordinances and
improvements are accepted by the City.
f. The construction of all improvements must be completed within 2 years from the date
of the approval of the plans and specifications by the Parks and recreation Advisory
Board or upon completion of the development whichever occurs first. One extension
of up to twelve (12) months may be granted upon written request to the City Manager
or his designee.
g. Financial Guaranty - The Developer shall post a financial guarantee for 125% of the
estimated cost of the improvements. This guarantee shall be filed with Development
Services upon submission of the first final plat or building permit, whichever is
applicable. The financial guarantee on land owned by developer will be released after
the following requirements are met:
• Improvements must have been constructed in accordance with the approved
plans and specifications
• All parkland upon which the improvements have been constructed has been
dedicated as required under this ordinance
• All manufacturer's warranties have been provided for any equipment
• A certificate of final completion has been issued by the City Manager or his
designee
h. Upon issuance of a certificate of Final Completion, Developer warrants for a period
of one (1) year as per the requirements in the Manual of Neighborhood Park
Improvements Standards. The City Manager or his designee shall release the financial
guarantee provided all warranty work has been completed and accepted by the City.
i. The City may draw down on the financial guarantee if:
• Developer fails to complete the improvements
• Developer fails to complete any warranty work
• Developer fails to dedicate the land on which the improvements are
constructed
j. Developer shall be liable for any deficiency between the amount of the guarantee and
the cost of completion of the installation of improvements or the amount of any
warranty work.
5. Reimbursement for City Acquired Parkland
The City may from time to time acquire land for parks in or near the area of actual or
potential development. If the City does acquire park land in a park zone, the City may
require subsequent parkland dedications for that zone to be in cash only. This will be to
reimburse the City for the cost of acquisition. Once the City has 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
Credit shall be given for land and/or money dedicated pursuant to Ordinance 690 or 983.
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 structures
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
constructed upon property is greater than the former assumed density. Additional dedica-
tion shall be required only for the increase in density and shall be based upon the ratio set
forth in 10-B. of this section.
At the discretion of the Planning & Zoning Commission, any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund; Right to Refund
There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as
the park land dedication fund.
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 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 prorated refund 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
The Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its
recommendations. 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 parks 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 acquired by the City or received as donations.
Park Zones are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are established that follow key topographic features such as major
thoroughfares, streams, and city limit lines.
10-F Parkland Guidelines and Requirements
Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines and requirements shall be used in designing
parks and adjacent development.
1. Any land dedicated to the city under this section must be suitable for park and
recreation uses. The dedication shall be free and clear of any and all liens and
encumbrances that interfere with its use for park purposes. The City Manager or his
designee shall determine whether any encumbrances interfere with park use.
Minerals may be reserved from the conveyance provided that there is a complete
waiver of the surface use by all mineral owners and lessees. A current title report
must be provided with the land dedication. The property owner shall pay all ad
valorum tax or assessments owed on the property up to the date of acceptance of the
dedication by the City. A tax certificate from the Brazos County Tax Assessor shall
be submitted with the dedication.
2. 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. Sites should not be severely sloping
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
or have unusual topography which would render the land unusable for organized
recreational activities.
3. Where feasible, park sites should be located adjacent to greenways and/or schools in
order to encourage both shared facilities and the potential co-development of new
sites.
4. Neighborhood park sites should be adjacent to residential areas in a manner that
serves the greatest number of users and should be located so that users are not
required to cross arterial roadways to access them.
5. Sites should have existing trees or other scenic elements.
6. Detention / retention areas will not be accepted as part of the required dedication, but
may be accepted in addition to the required dedication. If accepted as part of the
park, the detention / retention area design must be approved by the City Manager or
his designee and must meet specific parks specifications in the Manual of
Neighborhood Park Improvements Standards.
7. A proposed subdivision adjacent to a park may not be designed to restrict reasonable
access to the park from other area subdivisions. Street and greenways connections to
existing or future adjoining subdivisions may be required to provide reasonable
access to parks.
8. Where a non-residential use must directly abut a park, the use must be separated by a
screening wall or fence and landscaping. One access point may be required by the
City Manager or his designee.
9. 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.
10. 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. The Developer may request oversize participation in such
instance.
10-G. Consideration and Approval
Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board or the City
Manager or his designee as provided herein, and a recommendation given to the
Commission. The Commission may make a decision contrary to such recommendations
only by a concurring vote of at least five (5) members.
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 acquisition and park development costs
as well as the City's targeted level of service for parkland per one thousand population.
Fees shall be set by resolution of the City Council.
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
PROPOSED PARK LAND DEDICATION FEE
METHODOLOGY FOR 2001 REVIEW (a)
(uses new Census data and intergenerational costs)
1. 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
2000 CENSUS Figures - Total Population - 67,890.
2.80 Persons per Household (PPH) for Single Family and 2.28 PPH for Multi-Family
based on Census information for owner and renter occupied units. The overall average
from the Census is 2.52 persons per household (dwelling unit).
Single Family Multi-Family
285 people / 2.80 PPH = 101 DUs 285 people / 2.28 PPH= 125 DUs
1 Acre per 101 DUs I Acre per 125 Dus
Ill. Neighborhood Park Acquisition Costs (Determines Fee in Lieu of Land)
(Assumption) 1 acre costs $15,000 to purchase
Single Family Multi-Family
$15,000 / 101 DUs = $148 per DU $15,000 / 125 DUs = $120 per DU
IV. Neighborhood Park Development Costs (Determines Fee for Development)
• Cost of Average Neighborhood Park in College Station is $300,000.
• One Neighborhood parks serves 2,341 people based on a Census population of 67,890
being served by 29 parks (count includes neighborhood parks and 6 mini parks).
• It costs $128 per person to develop an average intergenerational neighborhood park.
Single Family Multi-Family
$128.00 X 2.80 PPH = $358 per DU $128.00 X 2.28 PPH = $292 per DU
V. Total Fee
Single Family Multi-Family
$148 +$358= $506 $120 +$292 =$412
o:\deve-seftubd iv\ded imeth. doc\20-J u1-04
Ric - add this to the manual if Rox feels this is a
good move.
Warranty Required:
All materials and equipment provided to the City shall be new unless otherwise
approved in advance by the City Manager or his designee and that all work will be
of good quality, free from faults and defects, and in conformance with the designs,
plans, specifications, and drawings, and recognized industry standards. This
warranty, any other warranties express or implied, and any other consumer rights,
shall inure to the benefit of the City only and are not made for the benefit of any
party other than the City.
All work not conforming to these requirements, including but not limited to unapproved
substitutions, may be considered defective.
This warranty is in addition to any rights or warranties expressed or implied by law.
Where more than a one (1) year warranty is specified in the applicable plans,
specifications, or submittals for individual products, work, or materials, the longer
warranty shall govern.
This warranty obligation shall be covered by any performance or payment bonds tendered
in compliance with this Ordinance.
Defective Work Discovered During Warranty Period. If any of the work is found or
determined to be either defective, including obvious defects, or otherwise not in
accordance with this ordinance, the designs, plans, drawings or specifications within one
(1) year after the date of the issuance of a certificate of Final Completion of the work or a
designated portion thereof, whichever is longer, or within one (1) year after acceptance by
the City of designated equipment, or within such longer period of time as may be
prescribed by law or by the terms of any applicable special warranty required by this
ordinance, Developer shall promptly correct the defective work at no cost to the City.
During the applicable warranty period and after receipt of written notice from the City to
begin corrective work, Developer shall promptly begin the corrective work. The
obligation to correct any defective work shall be enforceable under this code of
ordinances. The guarantee to correct the defective work shall not constitute the exclusive
remedy of the City, nor shall other remedies be limited to the terms of either the warranty
or the guarantee.
If within twenty (20) calendar days after the City has notified Developer of a defect,
failure, or abnormality in the work, Developer has not started to make the necessary
corrections or adjustments, the City is hereby authorized to make the corrections or
adjustments, or to order the work to be done by a third party. The cost of the work shall
be paid by Developer.
The cost of all materials, parts, labor, transportation, supervision, special instruments, and
supplies required for the replacement or repair of parts and for correction of defects shall
be paid by Developer, its contractors, or subcontractors or by the surety.
The guarantee shall be extended to cover all repairs and replacements furnished, and the
term of the guarantee for each repair or replacement shall be one (1) year after the
installation or completion. The one (1) year warranty shall cover all work, equipment,
and materials that are part of the improvements made under this section of the ordinance.
July. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
_ J
t
Formatted j 1~
Deleted: nu. er{2] I
Inserted: n lm eMfl
Formatted i !41
SECTION 10: REQUIREMENTS FOR PARK LAND DEDICATION a Deleted: appl ~5~
10-A. Purpose Inserted. app%p
Deleted: nmletTyl
10-A.1 This section is adopted to provide recreational areas in the form of neighborhood parks as Inserted: de
a function of subdivision and site development in the City of College Station. This Q
section is enacted in accordance with the home rule powers of the City of College :Deleted: ded(caUgaj--
,
Station, granted under the Texas Constitution, and the statutes of the State of Texas,
including, but not by way of limi tion, TExAs LOCAL. Gov'T CODE CHAPTER 212 Inserted: dt-X10]
(Vernon 1999; Vernon Supp . . It is hereby declared by the City Council that ;1 Deleted-.
recreational areas in the form of neighborhood parks are necessary and in the public wel-
fare, and that the only adequate procedure to provide for same is by integrating such a t Deleted: require 111
requirement into the procedure for planning and developing property or subdivisions in Inserted: r qwr 2]
the city, whether such development consists of new construction on vacant land or
rebuilding and remodeling of structures on existing residential property. Formatted
Deleted: .
10-A.2 Neighborhood parks are those parks providing for a variety of outdoor recreational - -......_-J
opportunities and located within convenient distances from a majority of the residences to Formatted 14
be served thereby. The park zones established by the Parks and Recreation Department c' Deleted: fuu
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 Formatted Ed'
51
from any residence located therein. The primary cost of neighborhood parks should be Deleted: made
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 such facilities. Inserted: made
t Del
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes: Inserted: Il (161
10-13 General Requirements Formatted: Bullets
and Numbering: ij
IThe Citv Manager or his designee fall administer this tjECTION 10, REQUIREMENTS FOR ~ Formatted ; -1181
PARKLAND DEDICATION. ? Deleted: or
Dedications shall cover both land acquisition and development costs for neighborhood parkland Deleted: is
for all types of residential development. Dedications shall be based on actual dwelling unitkfor the ; Inserted: i1
[igl
entire development. Increases or decreases in final unit count will require an=ad*ustment in fees
aid or land dedicated. If the actual number of wellin units exceeds the ri final estimate Deleted: orFhe.tEgo1 I
;additional parkland :hall be dedicated in accordance with the requirements in Section 1Qwith the Deleted: is
filing of-a final plat. y 21
Deleted: A
qY-,.. 22
The methodology used to calculate fees and land dedications i attached hereto as Appendix I and Deleted: T e
incorporated and made a part of this ordinance tar all purposes. K [23]
Deleted: <aP, [24]
Thejotal amount of parkland dedication or fees calculated for the development shall be remitte `Inserted: 1
25] I
1. prior to the filing of any final plats for single family, duplex or townhouse- ,'„1 Formatted 26
development: OR
2. prior to the issuance of any building permits for multi-family development, or where a . `Deleted: For m
plat is not required under the t nified Development Ordinance or Chapter 9 of the Code ;i;'1/ Inserted: Form
of Ordinances. ! 1~ .
- - - 1,
- - Formatted ; 27
,,k payment of money injieu,5of land may be used to satisfy the land dedication r 41 Deleted: De ic7 --1
ree ul t•Cmentwhen permitted by Section_10.13 2 or as otherwise required herein,
i Inserted: D"ed-iC0
Inserted: uJ6- X30
10-13-1 Land Dedication
1 Formatted [31]
:
required to mee t under this section shall `Deleted: the
caU a in ee simple u n the submission o L32]
be e i
Deleted: shall b 33
]
For single family developments the area of land to be dedicated for parkland purposes Deleted: WheneFggl
shall be equal to one (1) acre for each one hundred one (101),dwelling units. For duplex
Deleted: by i
Inserted: by
Deleted:
.Ian. 04 revisions "O".IAN-:" PARKLAND"2004 Parkland Ord" Deleted: is area
Deleted: and -pr98]
" Formatted 37
Deleted: _ x381
% Deleted: T
and other multi-family development this area shall be equal to one (1) acre for each one t (Deleted: residential
hundred, twenty-five (125),lwelling units. Inserted: T
`Deleted: thr~ai]
c - - - - r
Deleted: phasing
10-13.2 10-6.2 Fee in Lieu of Land Inserted: h a
I Deleted: arf... d--- 411
i_ 1
A landowner responsible for dedication under this section may elect to meet the Inserted: r co
requirements of 10-B.I. in whole or in part by a cash yment in ieu- f land in the . _ -•tr'f4gl '
amount set forth below. Before making this election, Deleted: ofa
r 1
210,"E M Deleted: 43 I
annt Dorn ommission urSUSilf to e a 1 Deletefm
i
gp C1CLE 3.3 OF THE UNIFIED DEVELOPMENT ORDINANCE " ~t4L~
AND CHAPTER The a ment in- ieu- of land shall be remitted as required in Section Inserted: fi a
1 O.B.1. Deleted: phasing J
• Deleted: shall be
The amount of the fee-in- ieu of land •s a fee hat shall he sufficient to acquire Inserted: a y4~
neighborhood parkland. The per-acre rice shall be computed on the basis of one -
hundred ninety-eight dollars $198.00 per dwelling unit for single famil develo ment Deleted: so =47
and one hundred ixt dollars $160.00 per dwelling unit for duplex and multi-famil Deleted: depicted on
development.
e.'i Dele~etted:a
s
Pees may be used only for acquisition or development of a neighborhood park located Deleted: th lggj
within the same zone as the development.
Deleted: posted-- I
Dedications of less than three Q acres t Deletf- ed: in n ---1
(49L
The Cit a fee-i -Ii orlt Inserted: the
i Deleted: add•. h50]
j s a stiictentamount n parkland existing to the in the e r6 ose
on 51
r~ c evelo me (how does one determine whether there is sufficient land in the zone. Is Deleted: .U
chart or standard) The City Manager or his designee may recommend the (inserted: n
p°. 52
t•~a_nsion_ or im rc„r;:ni of existing narks with the fee rather than the purchase of
additional land in a zone to the Parks Board for consideration. 1 fie Planninti and lonin{> Inserted: , tfiF!ff
;c»nn sli > shall f_ir~a,llv_apprm,csr distl.pt rov_e_the_ q
rks_E3oard.re,pmmendation_. Deleted: th
re s
4S
D f e ~'c,tc . r s ko S f o~ a l
10-B.3 Park Developmen(Feoe ,r ` ) f/~~ t Deleted: th 55 I
NOTE: This provision states 2t the fee is a per acre fee but further into the paragraph Delete led: a -
<--you discuss the fee as a pet dvaellinb unit fee. Please review and revise is neces•arv. In Deleted: guarantee j
~tcte"'n~t to
addition to the land dedication, there shall also be a fee e,tablisl)t d th IE
j~ ,7
evelo the land to meet the Manual of'Nei hborhood 'ark Im provenit3t `.standards to 1. ~k Deleted: to cover J
serve the zone in which such development is located. I is ee shall be Deleted: thp_a 6
computed on the basis of three hundred fifty-eight dollars ($358) per dwelling unit for'---
sinl e famil developments and two hundred inet -two $292 for duplex and multi- Deleted: ose
family developmen Th atal fee shall be aid a on subnussion o each final sat or Inserted: ose
upon application for <Lbuilding permit whichever is applicable.- - _ _ _ l
~ Deleted: re~atn~l ~
Fees paid under this Section may be used only for development or acquisition of a Deleted: rtto g11
neighborhood park located within the same zone as the development. _
Deleted: th`r 5911
Deleted: y t -60L;
10-B.4 Park Development Option in Lieu of Fee -
Inserted: I C 51
11101111111 onstru Inserted: Defer
aV 'U'UT'MT f IV. 13.. ii Ina; t nts `
- \
umdiUO. _s_; Inserted: t
J
I he De veto cr Shall submit., plans and specifications o vvit Inserted: c¢nst 3 1
~..~~or review, and..aPProva~, _ i Inserted: tqthe 164]
Inserted: pitastr~51
)Inserted: with each
Inserted: p1 66
Ian. 4 revisions "O'.(AT~'l:"PAKKLAI\D"2004 Parkland Ord'- ~ - -
Inserted: al (67]
Inserted: pliasi g
Inserted: depicted
Inserted: on a
169]
7 If vo ant to a the royal au t ou ust-2--ihend t -laws Formatted: Font:
'a it de s rc cr' eria ' to or ina stipn~ W' en a he Bold
el av' ubmitt es ans'. Pr' r s mi' of fin at w his ---i
2kain ation f tnal plat... ; Deleted: as per
? criteria established in
all Mans and speciticatums hall meet or exceed the Manual of Neighborhood Park
Improvement Standards to effect at the time of the submission. Inserted: as per
g }rt}xpvrmPnte Shall mP~t or exceed {tearlc development tee criteria established in
' t 1 10.13 3. the Manual of
~r )cveloper shall,post,financial,guarantee. for 125% of the estimate cost of', : Neighborhood~7
r
the itn rovcmen _ ~c O4 I Deleted: asl 79 \
This guarantee shall be tiled with 11 :abtnr. 'ion ~Jf the test Sind plat - L~
~r buildingpermits.ithichever t,_ a6 ica' able. _ Deleted: .
`If the improveurcnts_are constructed on land owned by the I~eaclo cr, the process of ~ Inserted: a -
F financial guarantee shall be the same as that found in,,~Section 7 of the Subdivision ( [80]
-
Regulations Deleted:
e e is are consttucle
Deleted- t❑
h, t tin [ ntust st a~ nt
Site vrt'kftC- pill Deleted: required
in. i}CCO anee with t G pjans, S eifications and ,
a t a7i-
dinnnccs and improvement's areacc;eptird by the Citv Inserted:
f~ Formatted
Formatted
The construction of all improvements must be completed wtthti from ( 84
-P_ f
the date of the approval of the plans and specifications by the upon ,F Deleted: value
i completion of the development whichever occurs first. One e ension o up to twelve
(3~ (12) months may be granted upon written request to the City Manager or his designee,, Inserted: v 8 l
Formatted -86
The financial euarantee on land owned by developer will be released after the following r
u~ -j
requirements are met: Deleted- a o
;Deleted: AI 88]
L Improvements must have been constructed in accordance with the approved plans.:'•lt':i'I~-
$ and specifications i Deleted: either
2. All parkland upon which the irnproicmcnts have been constructed ha_s_ been Deleted: be
dedicated his required under this ordirnance -
t 3. All manufacturer's warranties have been provided for any equipment Deleted: ly
4. . A certificate of final completion has been issued by the City Manager or his designee, feted: d J
I e Upon issuance of a certificate of Final Completion, Developer warrants for a
period of one (1) year as follows: Deleted: o -89
Formatted 90
All materials and equipment provided to the City shall be new unless otherwise Deleted:.
approved in advance by the City Manager or his designee and that all work will be Deleted: pry t
of good quality, free from faults and defects, and in conformance with the designs, rt
Inserted: ed: p for irZ] 1
plans, specifications, and drawings, and recognized industry standards. This -
-q mu j
93 t._.
warranty, any other warranties express or implied, and any other consumer rights, Deleted: to
shall inure to the benefit of the City only and are not made for the benefit of any Deleted: s
party other than the City. Deleted: .
Formatted [94]
All work not conforming to these requirements, including but not limited to unapproved
Deleted
substitutions, may be considered defective. :
Formatted i [951
This warranty is in addition to any rights or warranties expressed or implied by law. Formatted 96
Deleted: Ogee : 97
Where more than a one (1) year warranty is specified in the applicable plans,
ullets
specifications, or submittals for individual products, work, or materials, the longer Formandatted: atted:jn Bu98 ,
warranty shall govern.
Formatted 99
This warranty obligation shall be covered by any performance or payment bonds tendered Formatted 100
in compliance with this Or lirl rric_g, Formatted 101
i Deleted: Agreement
Jan. 04 revisions " O" JANh'PARKI.AND"2004 Parkland Ord'-
Defective Work Discovered During Warranty Period. If any of the work is found or ; Deleted: <#>The
determined to be either defective, including obvious defects, or otherwise not in ' subdivider shall post
accordance with this ordinance, the designs, plans, drawings or specifications within one another financial
guarantee in the
(1) year after the date of the issuance of a certificate of Final Completion of the work or a amount equal to 25%u
designated portion thereof, whichever is longer, or within one (1) year after acceptance by of the original bond
the City of designated equipment, or within such longer period of time as may be for a period of one
year to cover the
prescribed by law or by the terms of any applicable special warranty required by this Warranty period. I
ordinance, Developer shall promptly correct the defective work at no cost to the City.
i
During the applicable warranty period and after receipt of written notice from the City to
begin corrective work, Developer shall promptly begin the corrective work. The i
obligation to correct any defective work shalt be enforceable under this code of J
ordinances. The guarantee to correct the defective work shall not constitute the exclusive Inserted: <#>The
subdivider shall post
remedy of the City, nor shall other remedies be limited to the terms of either the warranty another financial
or the guarantee. guarantee in the
amount equal to 25%
of the original bond
If within twenty (20) calendar days after the City has notified Developer of a defect, foraperiod 102
failure, or abnormality in the work, Developer has not started to make the necessary Formatted:
corrections or adjustments, the City is hereby authorized to make the corrections or Highlight
adjustments, or to order the work to be done by a third party. The cost of the work shall l Deleted: Once
be paid by Developer. I improve me s art 103
Inserted: Director
The cost of all materials, parts, labor, transportation, supervision, special instruments, and ofPARD shall
supplies required for the replacement or repair of parts and for correction of defects shall l Deleted: give
be paid by Developer, its contractors, or subcontractors or by the surety. written appr va W5q 1
Inserted: give
The guarantee shall be extended to cover all repairs and replacements furnished, and the written appr va X15
term of the guarantee for each repair or replacement shall be one (1) year after the Formatted:
installation or completion. The one (1) year warranty shalt cover all work, equipment, Highlight
and materials that are part of the improvements made under this section of the ordinance. Deleted. At the
of one year, t
..J
Deleted: Director of
f'he City Manager or his destanec shall release the .ttnancial guarantee provided all PARD
warranty work has been completed and accepted by the Cit. l
Deleted: may be JI
'T'ile City tuav draw doyen on the financial guarantee provided under Chapter 9. Section 7 ``elr eked
iDeleted: if any an -I
Deleted: ll
I. Developer tails to complete the improvements t
2. Developer fails to complete any warranty work Deleted: developer
3,_ Develt)V r fails to dedicate the land on which therm
pro vements are constntcted shall deed thl' [06
Del iopvr shall be liable for any dchc cncv between the amount of the Ruarantee and the Deleted: 91 11071
host of u>rnlctiun of the rmt3i_latran_Oti_tmpro_rm nt~ fir the _inwunt._uf and waitant~ Deleted: 10-
«or l ..a B.b . The dedi9 g08
` Deleted: decide to
Deleted: shall have lj
10-13.7 The City may from time to time acquire land for parks in or near the area of actual or `the right to J
potential development. If the City does acquire park land in a park zone, the City mad - -1
Je4uire subse9uen ar and dedications for hat zone to be in cash only. will be to , Deleted: J
- -
reimburse the City or th P_..K~_e: cost of ace uisiion.- Once the City has been reimbursed entirely Deleted: its
for all such park land within a park zone, this subsection shall cease to apply, and the i ---------"--°i
other subsections of this section shall again be applicable. Deleted: purchase
cost
I O-C Prior Dedication; Absence of Prior Dedication Formatted:
Highlight
Jan. 04 revisions "O".IANI:"PARKI.AND•'2004 Parkland Ord"
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 structures
constructed upon property is greater than the former assumed density. Additional dedica-
tion 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
I O-D Special Fund; Right to Refund
10-D.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as
the park land dedication fund.
IO-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 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 prorata refund 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 eati&~~l, Park and £~g f_ Plan is ' fJzeotie
3LUETUFF S'nd"1~eciza#ion vtsory Board with a guide upon bash t
M ommen"fc attons.. Because of the need to consider specific characteristics to the site }Deleted: decisions
selection process, the park locations indicated on the Plan are general. The actual
locations, sizes, and number of parks will be determined when development occurs. The
Plan will also be used to locate desirable park sites before development occurs, and those
sites may beic u~irgd by the City or received. as donations. ` Deleted: purchased
10-E.2 Park Zones are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are established that follow key topographic features such as major
thoroughfares, streams, and city limit lines.
10-F Additional Requirements; Definitions
10-F. I Any land dedicated to the city under this section must be suitable for park and recreation
uses. . . 1ks
and final lat. The dcdit hero s is lie fice'aii e ear
`O anv atlct 4t~ ,gin u r
Cit-11ali~Errar ~ ccicii
~;hAl At wit
tt ~ is e that Tv, c, tva`.`r~ ct Sur tcc u5c , -11 mineral owners and Jesse _ A current title
report must leProvided . jinn th-,;_land dedic.ation__, TMe niopert,, owner shall pw, all ad t Deleted:.
v',!10111111 _tax_ or a,sc„ntents wked on the property up_ to the ifatc of acceptance oti the ` - - -
- -
d d.:)tign by the (it5._A my certificate Irom the BIWO, (ounh I 'a), A,,c.,sor hall he ~ Deleted.
1.-1-1 I'll - -
subminc;d uit:h the dedication.
Consideration will be given to land that is in the floodplain or may be considered Formatted: Indent:
"floodable" even though not in a federally regulated floodplain as long as, due to its First line: 0"
elevation, it is suitable for park improvements.
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
(a) Neighborhood park sites should be adjacent to residential areas in a manner that
serves the greatest number of users.
(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 would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) De 116 not be accepted dicationn
ay ace .
park, the detention r~ W area design must bt ap~pV
`ite ityManager or his dcigncc;and must meet specific parks specifications Deleted staff
10-17.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where feasible, park sites should be located adjacent to greenways and/or
schools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision adjacent to a park may not be desigged to restrict
reasntt a access `to ° t- park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-residential use must directly abut a park, the use must be separated
by a screening wall or fence and landscaping. Uie Plannin and Zonin
Y $ $ Deleted: Access
Commission may recur( more then one -a e~~ _pouqtf _pubhc benefit is points to the park may
established. be allowed by t
(d) It is desirable that a minimum of fifty percent (50%) of the perimeter of a park Formatted:
should abut a public street. In all cases, the City shall approve the proposed Highlight
street alignment fronting on city parks. Formatted:
Highlight
(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 Formatted:
residential street built adjacent to a park to be constructed to collector width to Highlight
ensure access and prevent traffic congestion. Developer may request oversize
participation in such instance.
Deleted: Developme
nt meansy
10-G. Consideration and Approval Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board or the Ttt~ t Deleted: Director of
N4an4`er or his designe as providedhereir and a recommendation given to the I PARRa
Commission. The Commission may make a decision contrary to such recommendations -
only by a concurring vote of at least five (5) members. Deleted:
Deleted: above
10-H. Review of Dedication Requirements Inserted: above
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 ucchii_t_it>n..and park development costs
as well as the City's targeted level of service for parkland per one thousand population.
Fees shall be set by resolution of the City Council.
.Ian. 04 revisions -0-JANI:"PARKLAND"2004 Parkland Ord"
Page 1: [1] Formatted City User 2/17/2004 12:03 PM
Small caps
Page 1: [2] Deleted City User 2/17/2004 10:56 AM
numbers as proposed
Page 1: [3] Inserted jkee 6/23/2003 10:45 AM
numbers as proposed for the entire development. Increases
Page 1: [4] Formatted City User 2/17/2004 10:01 AM
Highlight
Page 1: [5] Deleted City User 2/17/2004 10:10 AM
appropriate increases
Page 1: [6] Inserted jkee 7/16/2003 11:45 AM
appropriate increases
Page 1: [7] Deleted City User 2/17/200410:56 AM
completed
Page 1: [7] Deleted City User 2/17/2004 10:56 AM
figure upon which the
Page 1: [7] Deleted City User 2/17/2004 10:16 AM
dedication was based, such
Page 1: [8] Inserted jkee 1/12/2004 10:38 AM
dedication was based, such additional
Page 1: [9] Deleted City User 2/17/2004 10:57 AM
dedication s
Page 1: [10] Inserted jkee 1/12/2004 10:38 AM
dedication s
Page 1: [11] Deleted City User 2/17/2004 10:57 AM
required, and shall be made by payment of the cash in lieu of land as per I O.B.1, or by the
conveyance of an entire numbered lot to the City.
Page 1: [12] Inserted jkee 1/12/2004 10:38 AM
required, and shall be made by payment of the cash in lieu of land as per l OR 1, or by the
conveyance of an entire numbered lot to the City.
Page 1: [13] Formatted City User 2/17/2004 11:03 AM
Font: Not Italic
Page 1: [14] Formatted rnemcik 3/25/2004 11:28 AM
Indent: Left: 0.5", First line: 0"
Page 1: [15] Formatted City User 2/17/2004 11:04 AM
Highlight
Page 1: [16] Inserted jkee 7/16/2003 11:15 AM
prior to the filing of any final plats for single family, duplex or townhouse
development
Page 1: [17] Change City User 2/17/2004 11:43 AM
Formatted Bullets and Numbering
Page 1: [18] Formatted City User 2/17/2004 11:05 AM
Highlight
Page 1: [19] Inserted City User 2/17/2004 10:52 AM
is Code of Ordinancesor the fee paid
Page 1: [20] Deleted rnemcik 3/25/2004 11:30 AM
or the fee paid
Page 1: [21] Deleted City User 2/17/2004 10:52 AM
is dedication shall be met prior to the issuance of
Page 1: [21] Deleted City User 2117/2004 11:02 AM
Page 1: [22] Deleted jkee 6/3/2003 1:34 PM
Any proposed plat submitted to the City for approval shall show the area
proposed to be dedicated under this section.
Page 1: [23] Deleted City User 2/17/200410:50 AM
The required land dedication of this subsection may be met by a
Page 1: [23] Deleted City User 2/17/2004 10:49 AM
Page 1: [23] Deleted City User 2/17/2004 10:49 AM
Page 1: [23] Deleted City User 2/17/2004 10:51 AM
by the other provisions of this section
Page 1: [24] Deleted City User 2/17/2004 11:43 AM
, unless approval has been previously granted for phasing of this dedication.
Page 1: [25] Inserted jkee 7116/2003 11:14 AM
, unless approval has been previously granted for phasing of this dedication.
Page 1: [26] Formatted City User 2/17/2004 11:43 AM
Indent: Left: 1"
Page 1: [27] Formatted rnemcik 3/25/200411:30 AM
Indent: Left: 0", Hanging: 0.5"
Page 1: [28] Deleted rnemcik 3/25/2004 11:30 AM
Dedications for multi-family development or development where parkland was, neither
previously dedicated nor payment made with the filing of a plat,
Page 1: [29] Inserted City User 2/17/2004 10:14 AM
Dedications for in
Page 1: [30] Inserted jkee 1/12/2004 10:38 AM
ulti-family development or development where parkland was neither previously
dedicated nor payment made with the filing of a plat the additional dedication or
payment in lieu of land required by this section shall be made at the time of the
building permit application.
Page 1: [31] Formatted City User 2/17/2004 10:15 AM
Highlight
_ - -
Page 1. [32] Deleted rnemcik 3/25/2004 11:30 AM
the additional dedication or payment in lieu of land required by this section
Page 1. [33] Deleted rnemcik 3/25/2004 11:30 AM
shall be made at the time of the building permit application.
Page 1: [34] Deleted jkee 6/3/2003 1:31 PM
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 refulations of the City, such plat shall contain a clear
ee simple dedication o an area of land to the City for park purposes.
Page 1: [35] Deleted City User 2/17/2004 10:45 AM
and
Page 1: [35] Deleted City User 2/17/2004 10:47 AM
proposed
Page 2: [36] Deleted City User 2/17/2004 10:35 AM
and
Page 2: [36] Deleted City User 2117/2004 10:47 AM
proposed
Page 2: [36] Deleted City User 2/17/2004 11:01 AM
For methodology refer to Appendix 1 attached herein and incorporated
and made a part of this ordinance for all purposes.
Page 2: [37] Formatted City User 2/17/2004 10:46 AM
Font: Not Italic
Page 2: [38] Deleted rnemcik 3/25/2004 11:28 AM
Deferred Dedication of Parkland
Upon a written request and submission of a proposed plan,
Page 2: [39] Deleted rnemcik 3/25/2004 8:25 AM
the Parks Board may consider and recommend to the Planning and Zoning Commission
that parkland be in acreage amounts in proportion to the phases
Page 2: [40] Inserted jkee 6/3/2003 1:37 PM
he Parks Board may
Page 2: [41] Deleted rnemcik 3125/2004 8:25 AM
and dedicated with each phase of a development at the time of final plat. This amount of
the parkland
Page 2: [42] Inserted jkee 6/10/2003 9:51 AM
recommend
- -
.
Page 2: [43] Deleted rnemcik 3/25/2004 8:25 AM
development
Page 2: [44] Deleted rnemcik 3/25/2004 8:25 AM
such that the parkland may be dedicated in pieces
Page 2: [45] Inserted jkee 6/10/2003 10:35 AM
final plat. This
Page 2: [46] Inserted City User 2/27/2004 3:04 PM
and dedicated
Page 2: [47] Deleted rnemcik 3/25/2004 8:25 AM
so indicated
. - - Page 2: [48] Deleted %nemcik 3/25/2004 8:25 AM
the preliminary plat.
Page 2: [49] Deleted rnemcik 3/25/2004 8:25 AM
in an amount equal to
Page 2: [50] Deleted rnemcik 3/25/2004 8:25 AM
and approved by the Planning & Zoning Commission. In the event that phasing of the
required parkland is approved
Page 2• 51 Deleted rnemcik 3/25/2004 8:25 AM
Upon approval,
Page 2: [52] Inserted City User 2/17/2004 11:35 AM
Upon approval
Page 2: [53] Inserted jkee 6/10/2003 9:51 AM
there shall be
Page 2: [54] Deleted rnemcik 3/25/2004 8:25 AM
there shall be
Page 2: [55] Deleted rnemcik 3/25/2004 8:25 AM
the property owner shall post a financial
Page 2 56 Deleted rnemcik 3/25/2004 8:25 AM
the land dedication fee for the
Page 2: [57] Deleted rnemcik 3/25/2004 8:25 AM
remaining balance of
Page 2: [58] Deleted rnemcik 3/2512004 8:25 AM
portions not
Page 2: [59] Deleted rnemcik 3/25/2004 8:25 AM
the dedication requirement
Page 2: [60] Deleted rnemcik 3/25/2004 8:25 AM
yet dedicated
Page 2: [61] Inserted jkee 6/312003 1:32 PM
Page 2: [62] Inserted City User 2/27/2004 2:56 PM
Deferred Dedication of Parkland
Page 2: [62] Inserted City User 2/17/2004 11:55 AM
Upon a written request and submission of a proposed plan,
Page 2: [63] Inserted City User 2/27/2004 3:03 PM
consider and
Page 2: [64] Inserted City User 2/17/2004 11:34 AM
to the Planning and Zoning Commission that parkland be in acreage amounts in
proportion to the phases
Page 2: [65] Inserted jkee 6/3/2003 1:37 PM
phasing of a residential development such that the parkland may be dedicated in pieces
Page 2: [66] Inserted City User 2/17/2004 11:28 AM
phase of a development at the time of
Page 2: [67] Inserted City User 2/1712004 11:34 AM
amount of the parkland
Page 2: [68] Inserted jkee 6/312003 1:39 PM
phasing shall be so indicated
Page 2: [69] Inserted jkee 6/3/2003 1:39 PM
preliminary plat
Page 2: [70] Inserted jkee 8/25/2003 11:24 AM
and approved by the Planning & Zoning Commission. In the event that phasing of the
required parkland is approved
Page 2: [71] Inserted City User 2/17/2004 11:36 AM
the property owner shall post a financial
Page 2: [72] Inserted jkee 6/10/2003 9:53 AM
a guarantee posted
Page 2: [73] Inserted City User 2/17/2004 11:36 AM
in an amount equal to
Page 2: [74] Inserted jkee 6/10/2003 9:53 AM
to cover the land dedication fee for th
Page 2: [75] Inserted City User 2/17/2004 11:37 AM
remaining balance of
Page 2: [76] Inserted jkee 6/10/2003 9:53 AM
portions not
Page 2: [77] Inserted City User 2/17/2004 11:37 AM
the dedication requirement
Page 3: [78] Inserted jkee 6/3/2003 2:32 PM
as per criteria established in the Manual of Neighborhood Park
Improvement Standards
Page 3: [79] Deleted rnemcik 3/30/2004 10:17 AM
as adopted and amended from time to time..
Page 3: [80] Inserted jkee 1/12/2004 10:26 AM
as adopted and amended from time to time..
Page 3: [81] Deleted rnemcik 3/25/2004 8:42 AM
In all cases t
Page 3: [82] Inserted jkee 10/22/2003 4:40 PM
In all cases t
Page 3: [83] Formatted rnemcik 3/2/2004 1:06 PM
Highlight
Page 3: [84] Formatted rnemcik 3/2/2004 1:06 PM
Highlight
Page 3: [85] Inserted jkee 10/22/2003 4:40 PM
value of the improvements shall meet or exceed the amount of the required
park development fee
Page 3: [86] Formatted rnemcik 3/2/2004 1:06 PM
Highlight
Page 3: [87] Deleted rnemcik 3/25/2004 8:42 AM
amount of the
Page 3: [88] Deleted rnemcik 3/25/2004 8:43 AM
All improvements
Page 3: [89] Deleted jkee 6/3/2003 2:30 PM
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
Page 3: [90] Formatted rnemcik 3/2/20041:07 PM
Highlight
Page 3: [91] Deleted rnemcik 3/25/2004 8:45 AM
prior to the filing of any final plats for single family, duplex or townhouse
development or prior to any
Page 3: [92] Inserted jkee 6/3/2003 2:36 PM
prior to the filing of any final plats for single family, duplex or townhouse
development or prior to any
Page 3: [93] Deleted rnemcik 3/2/20041:07 PM
for multi-family development
Page 3: [94] Formatted rnemcik 3/2/20041:08 PM
Highlight
Page 3: [95] Formatted City User 2/27/2004 3:59 PM
Highlight
Page 3: [96] Formatted City User 2/27/2004 4:00 PM
Highlight
Page 3: [97] Deleted jkee 11/7/2003 3:07 PM
Once improvements are accepted by the City the
Page 3: [98] Change jkee 12/22/2003 3:05 PM
Formatted Bullets and Numbering
Page 3: [99] Formatted City User 2/27/2004 4:00 PM
Highlight
Page 3: [100] Formatted City User 2/27/2004 4:00 PM
Highlight
Page 3: [101] Formatted City User 2/27/20044:00 PM
Highlight
Page 4: [102] Inserted jkee 10/22/2003 4:45 PM
The subdivider shall post another financial guarantee in the amount equal to 25% of
the original bond for a period of one year to cover the warranty period.
Once improvements are accepted by the City, the City shall take over ownership and maintenance of
said improvements. At the end of one year, t
Page 4: [103] Deleted rnemcik 3/30/2004 10:23 AM
Once improvements are accepted by the City, the City shall take over ownership and maintenance of
said improvements.
Page 4: [104] Deleted rnemcik 3/2/2004 1:09 PM
give written approval that the fina
Page 4: [105] Inserted jkee 10/22/2003 4:46 PM
give written approval that the fina
Page 4: [106] Deleted jkee 6/3/2003 2:32 PM
developer shall deed the property and improvements to the City.
Page 4: [107] Deleted jkee 10/22/2003 4:49 PM
10-13.5 In instances where an area of less than five (5) acres is required to be
dedicated, the Planning and Zoning Commission shall have the right to
accept the dedication for approval on the final plat, or to refuse same, after
consideration of the recommendation of the Parks and Recreation
Advisory Board. The City shall have the right to require payment of cash
in lieu of land in the amount provided above, if it determines that
sufficient park area is already in the public domain in the area of the
proposed development, or if the recreation potential for that zone would be
better served by expanding or improving existing parks.
Page 4: [108] Deleted jkee 12/22/2003 3:07 PM
10-13.6 The dedication required by 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 shall be made by payment of the cash in lieu of land amount
provided above, or by the conveyance of an entire numbered lot to the
C ity. For multi-family development or development where parkland was
neither previously dedicated not payment made with the filing of a plat,
the additional dedication or payment in lieu of land required by this
section shall be made at the time of the building permit application.
SECTION 10: REQUIREMENTS 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 (Vernon
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 requirement into
the procedure for planning and developing property or subdivisions in the city, whether
such development consists of new construction on vacant land or rebuilding 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 served thereby. The park zones established by the Parks and Recreation Department
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 such facilities.
Therefore, the following requirements are adopted to effect the purposes stated above and shall n~
apply to any land to be used for residential purposes:
10-13 General Requirement
The City Manner or his desi nee shall administer this Section 10. Requirements for Parkland d a o
Dedication. v
Dedications shall cover both I d and development costs for neighborhood parkland for all types
of residential developme ons shall be based on dwellin unit numbers as proposed for
the entire development. acre es in unit count will require appropriate increases in fees aid. If
the actual number of co leted yellin units exceeds the figure u n which the original
dedication was based. such ad tttonal dedication shall be required, and shall be made by payment
of the cash in lieu of land as per 10.8.1, or by the convevance of an entire numbered lot to the
Citv. For multi-family development or development where parkland was neither previously Deleted: whenever
dedicated nor payment made with the filing of a plat, the additional dedication or payment in lieu r a final plat is filed of
of land required by this section shall be made at the time of the building permit application. record with the County
Clerk of Brazos
County for
development of a
10-B-1 Land Dedication residential area in ac-
cordance with the
planning and zoning
Any and all parkland required to meet the dedication under this section shall be dedicated regulations of the City,
in fee simple by a final plat. For single family developments the area of land to be such plat shall contain
dedicated for parkland purposes,shall be equal to_one_(1) acre for each one hundred and__aclear fee simple
one (101) proposed dwelling units. For duplex and other multi-family development this dedication of an area
area shall be equal to one (1) acre for each one hundred and twenty-five (125) proposed ` of land to the City for
dwelling units. For methodology refer to Appendix I attached herein and incorporated park purposes.
and made apart of this ordinance for all purposes. Deleted:
Jhe_required land dedication_of this subsection _may_be_met_by_a_payment_of money in Deleted: is area
lieu of land when permitted or required by the other provisions of this section. Deleted: Any
proposed plat
In the event a plat is not required this dedication shall be met prior to the issuance of a submitted to the City
building permit. for approval shall
show
Timing Phasin the area
i? proposed to be
dedicated under this
section.
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
The full parkland dedication shall be made prior to the filing of any final plats for single
familv, duplex or townhouse development or prior to the issuance of any building permits
for multi-family development, unless approval has been previously granted for phasing of
this dedication. ~_,r• n J
The Parks Board ma • recon m of a residential development such that the n fl
parkland may be dedicate in pieces 'th each final lat. This phasing shall be so vl'
indicated on a preliminary Mat and a oved by the Planning & Zoning Commission In
the event that phasing of the required parkland is approved there shall be a guarantee'
posted to cover the land dedication fee for those portions not vet dedicated This
guarantee shall be posted prior to the filing of any final plat for single family duplex or
townhouse development or prior to issuance of an ermits for multi-family
development. In the event that a development i discontinu fore all phases are
complete. the Parks Board shall decide how toimnd u steed funds in that
articular ark zone. if these funds are not requested back as r Se Non 10-D-2 below. -
This does not relieve anv future developer of the obligation for arkla dedication on
anv remainder of the property.
10-13.2 Fee in Lieu of Land
A Lando nsible for dedication under this section may elect to meet the
utrements oB.1. in whole or in part by a cash payment in lieu of land, in the
amount set forth below. Before making this election, for any required dedication of
three13) acres or more or for any development containing floodplain or reenway, the
land owner must obtain a recommendation from the Parks and Recreation Adivsory
Board and approval for the cash payment in lieu of land from the Planning & Zoning
Commission pursuant to the plat approval procedures set out i Article 3.3 of the Unified Deleted:
Development Ordinance;,- Such_payment_in_lieu_of land shall_be made at o_rprior to_-th_e
time of filing the final plat for record at the Courthouse or prior to the issuance of -a Deleted: Chapter
building permit where a plat is not required. For required dedications of less than three Section 6
(.3j acres in proposed developments containing no floodplain or reg enway the fee in lieu
request will be approved by the City Managerjhis designee This determination shall be Deleted: Director of
based on whether there is sufficient park area already in the public domain in the park ` Parks and Recreation
zone of the proposed development If. it is Jetermined, that the recreation potential for or
that zone would be better served by expanding or improving existing _parks. then rather Inserted: Director
than approving the fee in lieu. _ the matter shall be referred to the Board for_,
of Parks and
determination.. ---------;Recreation or his
The fee in lieu of land dedication requirement shall be met by a payment of a fee set from designee. This
time to time by resolution by the City Council, sufficient to acquire neighborhood determination shall be
parkland. Unless changed by the City Council, such per-acre price shall be computed on based on whether there
the basis of one hundred and ninety-eight dollars ($198) per dwelling unit for single is sufficient park area
family development and one hundred and sixty dollars ($160) per dwelling unit for already in the public
duplex and multi-family development. Refer to Appendix 1. Cash payments may be used ; domain in the park
only for acquisition or development of a neighborhood park located within the same zone zone of the proposed
as the development. development. If the
Director
10-B.3 Park Development Fee Deleted: the
Director
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 meet Deleted:
the standards for a neighborhood park to serve the zone in which such development is Deleted: s
located. Unless changed by City Council this per-acre fee shall be computed on the basis
of three hundred and fifty-eight dollars ($358) per dwelling unit for single family ll`, Inserted: determine
developments and two hundred and ninety-two ($292) for duplex and multi-family Inserted: s
developments. This fee shall be paid with each final plat submitted for single family, duplex or townhouse development or with the building permit for multi-family Deleted: he shall
development. Refer to Appendix 1. Cash payments may he used only for development or refer
acquisition of a neighborhood park located within the same zone as the development. Deleted:1
10-B.4 Park Development Option in Lieu of Fee Deleted:
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 and Recreation Advisory Board as per criteria established in the
,fan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
C~ ~-to ~
1
Manual of Neighborhood Park Improvement Standards as adopted and amended from
time to time..ln all cases the value of the improvements shall meet or exceed the amount-- Deleted: .
of the required nark development fee. All improvements shall,be fnancially_gtlarante!A---_--- Deleted: either
in an amount equal to the required development fegThis guarantee shall be filed prior to
the filing of any final plats for single family, duplex or townhouse development or prior Deleted: or
to any building permits for multi-family development. The process of financial guarantee accepted by the City
shall be the same as that found in Section 7 of the Subdivision Regulations- and shall be prior to the tiling of a
used whether a plat is required or not; plat in the case of
platted developments
or prior to issuance of
certificates of
Improvements must be complete within 2 years from the date of the guarantee or upon occupancy in the event
completion of the development whichever occurs first. One extension of up to twelve that platting is not
(12) months may be granted upon formal request to the Parks and Recreation Advisory required
Board.
• - - - - Deleted: J
Prior to release of any financial guarantee, the following must occur: W Deleted: s
1. Improvements must have been accepted by the Cityr Ut~.. Deleted: .
2. All park property shall have been dedicated to the City.
1 0•4' Deleted: once
3. The subdivider shall provide a written guarantee of warranty as per Section 7-F., and improvements are
/ 4. cT 'o-or accepted by the City
the
Once improvements are accepted by the City; the City shall take over ownership and Formatted: Bullets
maintenance of said improvements. - and Numbering
rLi e <artten annr v I r~t+~t r^~~ ~.AtAa~
.•.~,ed if an an;u,,;~ Deleted: developer
~t-nr4 h~~ h ~r ea shall deed the property
• - - - - - and improvements to
~a - - the City.
10-B.7 The City may from time to time decide to purchase land for parks in or near the area Of Deleted: q 1
actual or potential development. If the City does purchase park land in a park zone, the Deleted: to-
,,qty shall have the right to require subsequent park land dedications for that zone to be in B.6 The dedication
rJ~CC°c sh only. This will be to reimburse the City its purchase cost. Once the City has been section required this
fretmbursed entirely for all such park land within a park zone, this subsection shall ce a shaal ll be made
to" fo apply, and the other subsections of this section shall again be applicable. p~ ` plat or
contemporaneously `_-„n` sepa10-C Prior Dedication; Absence of Prior Dedication (~V~`y`• rj-,~ separate instrument
strument
unless additional
10-C.I Credit shall be given for land and/or money dedicated pursuant to Ordinance 690 or 983. dedication is required
subsequenttothe
10-C.2 If a dedication requirement arose prior to passage of this section, that dedication filing of the final plat.
requirement shall be controlled by the ordinance in effect at the time such obligation If the actual number of
arose, except that additional dedication shall be required if the actual density of structures completed dwelling
constructed upon property is greater than the former assumed density. Additional dedica- units exceeds the
tion shall be required only for the increase in density and shall be based upon the ratio set origin upon which the
original dedication
forth in 10-B. of this section. was based, such
additional dedication
10-C.3 At the discretion of the Planning & Zoning Commission , any former gift of land to the shall be required, and
City may be credited on a per acre basis toward eventual land dedication requirements shall be made by
imposed on the donor of such lands. The Planning and Zoning Commission shall payment of the cash in
consider the recommendation of the Parks and Recreation Advisory Board in exercising lieu of land amount
its discretion under this subsection. provided above, or by
the conveyance of an
I O-D Special Fund; Right to Refund entire numbered lot to
the City. For multi-
10-D.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land family development or
dedication under this section or any preceding ordinance, which fund shall be known as development where
the park land dedication fund. parkland was neither
previously dedicated
not payment made
10-D.2 The City shall account for all sums paid in lieu of land dedication under this section with with the filing of a
reference to the individual plats involved. Any funds paid for such purposes must be plat, the additional
expended by the City within five (5) years from the date received by the City for dedication or payment
acquisition and/or development of a neighborhood park as defined herein. Such funds in lieu of land required
by this section Z
,lan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
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 refund 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 Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its
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 parks 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 are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are 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 recreation
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.
r
(a) Neighborhood park sites should be adjacent to residential areas in a manner that
C serves the greatest number of users.
G~ (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 would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City staff
and must meet specific parks specifications.
10-F.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where feasible, park sites should be located adjacent to greenways and/or
schools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-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
r~zlllowaad,by th - Planning and Zoning Commission
U r
.Ian. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
(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.
IO-G. Consideration and Approval
Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board or as provided for
in section IO.B.2 above _ and a recommendation given to_ the Commiss_ion._ The__- Deleted: the
Commission may make a decision contrary to such recommendations only by a con- Director of PARD as
curring vote of at least five (5) members. provided above,
10-H. Review of Dedication Requirements Inserted: the
Director of PARD as
The City shall review the fees set forth in this section every three (3) years. The City provided above,
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 one thousand population. Fees shall
be set by resolution of the City Council.
,Ian. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
Page 3: [1] Deleted jkee 10/22/2003 4:49 PM
10-13.5 In instances where an area of less than five (5) acres is required to be
dedicated, the Planning and Zoning Commission shall have the right to
accept the dedication for approval on the final plat, or to refuse same, after
consideration of the recommendation of the Parks and Recreation
Advisory Board. The City shall have the right to require payment of cash
in lieu of land in the amount provided above, if it determines that
sufficient park area is already in the public domain in the area of the
ppropposed development, or if the recreation potential for that zone would be
betfer served by expanding or improving existing parks.
Page 3: [2] Deleted jkee 12/22/2003 3:07 PM
10-13.6 The dedication required by 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 shall be made by payment of the cash in lieu of land amount
V ovidea above, or by the conveyance of an entire numbered lot to the
ity. For multi-family development or development where parkland was
neither previously dedicated not payment made with the filing of a plat,
the additional dedication or payment in lieu of land required by this
section shall be made at the time of the building permit application.
-
Formatted --L-a]
Deleted: numbers as proposed
`Inserted: numbers as proposed ~zl
Formatted [3]
SECTION 10: REQUIREMENTS FOR PARK LAND DEDICATION ::I Deleted: appropriate increases
10 A P r Inserted: appropriate increases
Deleted: completed.. . figure upt
10-A.1 This section is adopted to provide recreational areas in the form of neighborhood parks as Inserted: dedication was based
a function of subdivision and site development in the City of College Station. This _ L-
section is enacted in accordance with the home rule powers of the City of College Deleted: dedication s
Station, granted under the Texas Constitution, and the statutes of the State of Texas, Inserted: dedications _
including, but not by way of limitation, TEXAS LOCAL. Gov'T CODE CHAPTER 212 t -
(Vernon 1999; Vernon Supp. 10)04). It is hereby declared by the City Council that Deleted:.
recreational areas in the form of neighborhood parks are necessary and in the public wel-
fare, and that the only adequate procedure to provide for same is by integrating such a
requirement into the procedure for planning and developing property or subdivisions in Inserted: required, and shall be( 7
the city, whether such development consists of new construction on vacant land or
rebuilding and remodeling of structures on existing residential property. Formatted [g]
1 Deleted: li
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 Formatted g
be served thereby. The park zones established by the Parks and Recreation Department l Deleted: full
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 Formatted 10
from any residence located therein. The primary cost of neighborhood parks should be :::I Del : made
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 such facilities. i Inserted: made
i
t, ' Deleted:
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes: i' Inserted: prior ro the filing ol~-
10-B General Requirements Formatted: Bullets and Nu 12
Formatted 13
The City Manager or his designee shall administer this SECTION 10, RLQtIRFMtNfS 1:0 Deleted: or _
PARKLAND DFDIC'A IION. -
Deleted: is
Dedications shall cover both [and acquisition and development costs for neighborhood parkland
for all types of residential development. Dedications shall be based on actual dwelling units fbr the - Inserted: is Code ofordinanc[141
entire development. Increases or decreases in final unit count will require an. adiustment in fees Deleted: or the fee paid
paid or land dedicated. If the actual number of dwelling units exceeds the i)riginal estimate
15
,additional parklandshall be dedicated in accordance with the requirements in Section 1(I with the ! Dele ed is dedication shall be
tiling of a final plat. Deleted: Any proposed plat su 16
it ]
The methodoloev used to calculate fees and land dedications is attached hereto as Appendix land -;a;r Deleted: The required land dee [
incorporated and made a part of this ordinance for all purposes. Deleted: <q>, unless approval [18]
eiotal amount of parkland dedication or fees calculated for the development shall be remittecL I Inserted: <p>, unless approva~
Th 19
1191
- •
? Formatted [2011
1. prior to the filing of anv final plats for single family, duplex or townhouse-,~-
development; OR Deleted: Form
2.prior to the issuance of any building permits for multi-family development, or where a Inserted: For m
plat is not required under the Unified Development Ordinance or Chapter 9 of the code Formatted
of'Ordinances_ (211
Deleted: Dedications for multi [22]
payment of money inj- ieu;pf land may be used to satisfy the land dedication
re uirement when permitted by Section I O.B?_or as other" ise required herein_ L; 14 Inserted: Dedications form
■ / Inserted: ulti-family develop... (23]
10-B-1 Land Dedication Formatted
[2411
Deleted: the additional dedica[25]
,4ny and all parkland required to meet the dedication requirement under this section shall
be dedicated in fee simple final lat., _ I Deleted: shall be made at the t ,[26]
46 k{ n- Deleted: Whenever a final pla~[27j
For single family developments the area bf land to be dedicated for parkland purposes
,shall be equal to one (1) acre for each one hundred,o-ne (101),dwelling uni_t_s._ For duplex Deleted: by ;
(Inserted: by
Deleted: _I
Deleted: is area
Jan. 04 revisions "O" JANE'PARKLAND"2004 Parkland Ord"
1 Deleted: and... proposed 28
Y.., r,,.,,.,. LZJ
Formatted 1301
Deleted: ! f311~,
Deleted: T - - \
and other multi-family development this area shall be equal to one (1) acre for each one Deleted: residential
hundred, twenty-five (I25)4welling units. L------- Inserted: T
Deleted: the Parks Board ma
I3
Deleted: phasing
10-6.2 Fee in Lieu of Land Inserted: he Parks Board may _
Deleted: and dedicated with eF.. [33]7
A landowner responsible for dedication under this section may elect to meet the Inserted: recommend
requirements of 10-B.I. in whole or in part by a cash payment m4ieuapf_land, _ in the
amount set forth below. Before making this election, for any reuircd dedication of Deleted: ofa
threes3) acres or more or for any development containing Iloodplain or reenway, the --i
land owner must obtain a rt ommendation from the Parks and Recreation Adxisorv Deleted: development
Board and approval from the Planning &Zoning Commission pursuant to the plat Deleted: such that the parklan 134]
approval procedures set out iRARIICrf: 3.3 of THE UNIFIED Dl VFlOPMF\T ORDINACI.
AND CHAPTLR 9, The payment in jieu3pf land shall be remtucd as required m .5 tion Inserted: final plat. This
IO.B.I. - - - - - ! Deleted: phasing 1
Deleted: shall be
The amount of the fee n ieu of landpas a fee Thai shall be sufficient to acquire Ism * anddedicated
neighborhood parkland. The net-acre_ nee shall be computed on the basis of one
so icated
hundred ninety-eight dollars .($_198.00)per dwelling unit. for smgle_family development
and one hundred sixty dollars ($160.00) per dwelling unit for duplex and multi-family Deleted: depicted on 1i
development.
I Deleted: a
Fees may be used only for acquisition or development of a neighborhood park located Deleted: the preliminary plat-
within the same zone as the development. l
Deleted: posted
Dedications of less than three (3) acres Deleted: m an amount equal to
The City Manager or his designee is authorized to accept a fee-in-lieu of land for I Inserted: the _
dedications of less than three (3) acres where there is no lloodplain or greenway if there i Deleted; and approved by the (351
is a sufficient amount of parkland existing in the in the park zone of the proposed
development (how does one determine whether there is sufficient land in the zone. Is Deleted: Upon approval,
there some chart or standard) The City Manager or his designee may recommend the
expansion or improvement of existing parks with the fee rather than the purchase of Inserted: Upon approval
additional land in a zone to the Parks Board for consideration. The Planning and Zoning Inserted: , there shall be J
Commission shall finally apnrove or disapprove the Parks Board recommendation. Deleted: there shalt be
10-13.3 Park Development Fee Deleted: the property owner s 36
- This This provision states that the fee is a per acre fee but further into the paragraph Deleted' a
you discuss the fee as a per dwelling unit fee. Please review and revise as necessary. In Deleted: guarantee
addition to the land dedication, there shall also be a fee established that is sufficient to
develop,the land to meet the Manual of Neighborhood ark Improvements Standard, to Deleted: to cover -
serve the zone in which such development is located. ~Uiis-per-acre _ fee shall be ? Deleted: the land dedication fee for the
computed on the basis of three hundred fifty-eight dollars ($358) per dwelling unit for f - °i
single family developments and two hundred ninety-two ($292) for duplex and multi- Deleted: ose
family developments Thelotal fee shall be paid upon submission oL each final plat . or Inserted: ose
upon application for 4,buildin permit. whichever is applicable.
-
!Deleted: remaining balance of
fees paid under this Section may be used only for development or acquisition of aDeleted: portions not
neighborhood park located within the same zone as the development. ~
Deleted: the dedication requirement
Deleted yet dedicated
10-B.4 Park Development Option in Lieu of Fee
I Inserted ¶ 37
A developer jnay elect to construct the neighborhood park improvements in lieu of Inserted: Deferred Dedicatio Raving the park development fee required under Section 10.6.3 under the following terms
and conditions: Inserted: !Lew
t
1. jThe Developer shall submit plans and, specifications jo with. 1 Inserted: consider and -
for reviev4 and approyAa by the Parks and Recreation Advisory : Inserted: to the Planning and [3911
Board. IThe Parks Board does not have any approval authority in their by IaAs
Fimm---
rted: phasing ofa residen 40
InSC-rted. with each
~ Inserted: phase of a develop 41
Jan. 04 revisions "O" JANE" PARKLAND"2004 Parkland Ord` - -
Inserted: amount of the parkland
Inserted: phasing shall be so indicated
-1
Inserted: depicted
Inserted: on a
42
_ 43
-
4
4
If you %ant to give them approval authority you must amend the by-laws and Formatted: Font: Bold
delc2ate it under specific criteria in the ordinance). Ouestion: When does the_,. -
developer have to submit these plans' Prior to submission of final plat, with his Deleted: as per criteria established in
application for final plat...." Inserted: as per criteria established in
2 All plans and specifications shall meet or exceedathe Manual of Neighborhood Park the Manual of Neighborhood Park
Improvement Standards in effect at the time of the submissior6, _ Improvement Standards
3 LThe actual cost of the improvements shall meet or exceed thepark development fee =
In I O.B.3. } Deleted: as adopted and amended from 1
4c L~o~ ~_guarantee i time to timr..
>d financia for 125/0 of the estimated actual cost of
. Developer shalI st •
the improvements Deleted:. )
5 This guarantee shall be filed with upon submission of the first final plat
,or building nermits whichever is applicable. Inserted: as adopted and amended
6. If the improvements are constructed on land owned by the Developer, the process of from time to time.. _
financial guarantee shall be the same as that found in Section 7 of the Subdivision Deleted:
Regulations
7. Jf the improvements are constructed on land that has alreadv been dedicated and/or is Deed: In all cases t
owned by the City, then the Developer must post Vayment and performance bonds to Deleted: required
guarantee the payment of all subcontractors and suppliers and to guarantee '•1i
Developer completes the work in accordance with the plans, specifications and j Inserted: In all cases t
ordinances and improvements are accepted by the City. Formatted: Highlight
Formatted: Highlight
The construction of all improvements must be colleted within, yearsltoo lone) from Deleted: value
i
the date of the approval of the plans and specifications by the or upon
completion of the development whichever occurs first. One extension of up to twelve I Inserted: value of the improvements
(12) months may be granted upon written rNuest to the City Manager or his designee,, shall meet or exceed the amount of the
required park development fee
The financial guarantee on land owned b developer will be released after the following I Formatted: Highlight
requirements are met: -
Deleted: amount of the
I . Improvements must have been constructed in accordance with the approved plans-, Deleted: All improvements
and specifications
~
' j
2. All -,f\ pa-rk -land u on which the improvements have been constructed has been t
dedicated as required under this ordinance ~Deleted: be
. A All manufacturer's wwTanties
P Y
has been issued b f Ciequipment,
certificate of final completion have been
Deleted: y
er or his desi ne
Y the City Manager g ~
4
4. Upon issuance of a certificate of Final Completion, Developer warrants for a rDeleted: d
period of one (1) year as follows: ; Deleted: or accepted by the C
All materials and equipment provided to the City shall be new unless otherwise Formatted: Highlight
approved in advance by the City Manager or his designee and that all work will be Deleted:
of good quality, free from faults and defects, and in conformance with the designs, Deleted: prior to the filing of 46
plans, specifications, and drawings, and recognized industry standards. This Inserted: pri or to the filing of 147j
warranty, any other warranties express or implied, and any other consumer rights, Deleted: for tnulti-family development ,
shall inure to the benefit of the City only and are not made for the benefit of any
party other than the City. Deleted: s
Deleted: .
All work not conforming to these requirements, including but not limited to unapproved Formatted: Highlight
substitutions, may be considered defective. Deleted:
This warranty is in addition to any rights or warranties expressed or implied by law. Formatted: Highlight
Formatted: Highlight
Where more than a one (1) year warranty is specified in the applicable plans, Deleted: Once improvements 1481
specifications, or submittals for individual products, work, or materials, the longer Formatted; Bullets and Numbering
warranty shall govern.
Formatted: Highlight
This warranty obligation shall be covered by any performance or payment bonds tendered Formatted: Highlight
in compliance with this Ordinances Formatted: Highlight
Deleted: Agreement
Jan. 04 revisions °0"JANE"PARKLAND"2004 Parkland Ord'
Defective Work Discovered During Warranty Period. If any of the work is found or Deleted: <#>The subdivider shall post
determined to be either defective, including obvious defects, or otherwise not in another financial guarantee in the amount
accordance with this ordinance, the designs, plans, drawings or specifications within one equal to 25%ofthe original bond fora
period of one year to cover the warranty
(1) year after the date of the issuance of a certificate of Final Completion of the work or a period. I
designated portion thereof, whichever is longer, or within one (1) year after acceptance by
the City of designated equipment, or within such longer period of time as may be
prescribed by law or by the terms of any applicable special warranty required by this
ordinance, Developer shall promptly correct the defective work at no cost to the City. Inserted: <#>The subdivider shall post
another financial guarantee in the amount
equal to 25% of the original bond for a
During the applicable warranty period and after receipt of written notice from the City to period of one year to cover the warranty
begin corrective work, Developer shall promptly begin the corrective work. The period. ¶
4
obligation to correct any defective work shall be enforceable under this code of Once improvements are accepted by the
ordinances. The guarantee to correct the defective work shall not constitute the exclusive City, the City shall take over ownership
remedy of the City, nor shall other remedies be limited to the terms of either the warranty and maintenance of said improvements.
or the guarantee. Formatted: Highlight
Deleted: Once improvements are
If within twenty (20) calendar days after the City has notified Developer of a defect, accepted by the City, the City shall take
over ownership and maintenance of said
failure, or abnormality in the work, Developer has not started to make the necessary improvements.
corrections or adjustments, the City is hereby authorized to make the corrections or -1
Inserted: Director of PARD shall i
adjustments, or to order the work to be done by a third parry. The cost of the work shall
be paid by Developer. Deleted: give written approval that the
fina
Inserted: give written approval that the
The cost of all materials, parts, labor, transportation, supervision, special instruments, and fina
supplies required for the replacement or repair of parts and for correction of defects shall - be paid by Developer, its contractors, or subcontractors or by the surety. Formatted: Highlight
r Deleted: At the end of one year, t
The guarantee shall be extended to cover all repairs and replacements furnished, and the Deleted: Director of PARD --J
term of the guarantee for each repair or replacement shall be one (1) year after the Deleted: may be released
installation or completion. The one (1) year warranty shall cover all work, equipment, Deleted: if any an
and materials that are part of the improvements made under this section of the ordinance. - -===1
Deleted: d all
Deleted: developer shall deed the i
The City Manager or his designee shall release the mancial uarantee rrovtded all property and improvements to the City.
warrantvwork has been completed and accented by the City. Deleted: ¶ [49]
The City may draw down on the financial guarantee provided under Chanter 9, Section 7 Deleted: 10-B.6 The dedication
required by this section shall be made by
filing of the final plat or
I Developer fails to complete the improvements contemporaneously by separate in-
Developer any warranty work strument unless additional dedication is
_failsut cons lete an
3_13 eveloner_fails to dedicate the land on which the improvements are constructed required subsequent to the filing of the
final plat. If the actual number of
completed dwelling units exceeds the
Developer shall be liable for anv deficiency between the amount of the guarantee and the figure upon which the original dedication
cost of completion of the installation of improvements or the amount of any warranty was based, such additional dedication
work.., shall be required, and shall be made by
payment of the cash in lieu of land
amount provided above, or by the
conveyance of an entire number 50
10-13.7 The City may from time to time acquire land for parks in or near the area of actual or Deleted: decide to
potential development. If the City does acquire park land in a park zone, the City may
,require subsequent parkland dedications for that zone to be in cash only. This will be to Deleted: shall have the right to
reimburse the City or the cost ofacquisitiori. Once the-City has-been rei-mbursed entirely Deleted:
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. Deleted: its
10-C Prior Dedication: Absence of Prior Dedication Deleted: purchase cost -
Formatted: Highlight
Jan. 04 revisions " O"JANE" PARKLAND" 2004 Parkland Ord"
10-C.I 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 structures
constructed upon property is greater than the former assumed density. Additional dedica-
tion 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund, Right to Refund
10-D.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as
the park land dedication fund.
10-13.2 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 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 prorata refund of such
sum, computed on a square footage of area basis. The owners of such property must
request such refund within one (I) year of entitlement, in writing, or such right shall be
barred.
10-E Comprehensive Plan Considerations
10-E.1 The Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its
Lcoimendations. Because of the need to consider specificcharacteristics in the site - ~peleted: decisions J
selection process, the park locations indicated on the Plan are general. The actual -
locations, sizes, and number of parks 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,acquired by the City or received as donations. Deleted purchased
10-E.2 Park Zones are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are 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 recreation
uses. All land dedicated must be dedicated in fee simple by general warranty deed and
also be depicted on any preliminary and final plat. The dedication shall be free and clear
of any and all liens and encumbrances that interfere with its use for park purposes. The
City Manager or his designee shall determine whether anv encumbrances interfere with
park use. Minerals may be reserved from the conveyance provided that there is a
com lete waiver of the surface use by all_-mineral owners and lessees. A current title
report must be provided with the land dedication The property owner shall nay all ad a Deleted:.
valorum tax or assessments owed on the property up to the date of acceptance of the _
dedication by the Citv A tax certificate from the Brazos County Tax Assessor shall be peed; 1
submitted with the dedication.
Consideration will be given to land that is in the floodplain or may be considered------- Formatted: Indent: First line: 0"
"floodable" even though not in a federally regulated floodplain as long as, due to its
elevation, it is suitable for park improvements.
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
(a) Neighborhood park sites should be adjacent to residential areas in a manner that
serves the greatest number of users.
(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 would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City
Manager or his designee:and must meet specific parks specifications. Deleted: stab
10-F.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where feasible, park sites should be located adjacent to greenways and/or
schools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-residential use must directly abut a park, the use must be separated
by a screening wall or fence and landscaping. LT,be Planning _and_ Zoning _ Deleted: Access points to the park may
Commission may require more than one access point of _public-benefit _is_ be allowed by t
established.
Formatted: Highlight
(d) It is desirable that a minimum of fifty percent (50%) of the perimeter of a park Formatted: Highlight
should abut a public street. In all cases, the City shall approve the proposed
street alignment fronting on city parks. Formatted: Highlight
(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.
Deleted: Development means¶
10-G. Consideration and Anproval
Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board or the j` ity Deleted: Director of PARD a
Manager or his designee as rovide erei and a recommendation given to the
Commission. The Commission may make a decision contrary to such recommendations Deleted:
only by a concurring vote of at least five (5) members. Deleted: above
10-H. Review of Dedication Requirements nserted: above,
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 acquisition and park development costs
as well as the City's targeted level of service for parkland per one thousand population.
Fees shall be set by resolution of the City Council.
Jan. 04 revisions "O".IANE"PARkLAND"2004 Parkland Ord"
Page 1: [1] Formatted City User 2/17/2004 12:03 PM
Small caps
Page 1: [2] Inserted jkee 6/23/2003 10:45 AM
numbers as proposed for the entire development. Increases
Page 1: [3] Formatted City User 2/17/2004 10:01 AM
Highlight
Page 1: [4] Deleted City User 2/17/2004 10:56 AM
completed
Page 1: [4] Deleted City User 2/17/2004 10:56 AM
figure upon which the
Page 1: [4] Deleted City User 2/17/200410:16 AM
dedication was based, such
Page 1: [5] Inserted jkee 1/12/2004 10:38 AM
dedication was based, such additional
Page 1: [6] Deleted City User 2/17/2004 10:57 AM
required, and shall be made by payment of the cash in lieu of land as per 10.B.1, or by the
conveyance of an entire numbered lot to the City.
Page 1: [7] Inserted jkee 1/12/2004 10:38 AM
required, and shall be made by payment of the cash in lieu of land as per 10.B.1, or by the
conveyance of an entire numbered lot to the City.
Page 1: [8] Formatted City User 2/17/200411:03 AM
Font: Not Italic
Page 1: [9] Formatted memcik 3/25/200411:28 AM
Indent: Left: 0.5", First line: 0"
Page 1: [10] Formatted City User 2/17/200411:04 AM
Highlight
Page 1: [11] Inserted jkee 7/16/2003 11:15 AM
prior to the filing of any final plats for single family, duplex or townhouse
development
Page 1: [12] Change City User 2/17/2004 11:43 AM
Formatted Bullets and Numbering
Page 1: [13] Formatted City User 2/17/2004 11:05 AM
Highlight
Page 1: [14] Inserted City User 2/17/2004 10:52 AM
is Code of Ordinancesor the fee paid
Page 1: [15] Deleted City User 2/17/200410:52 AM
is dedication shall be met prior to the issuance of
Page 1: [15] Deleted City User 2/17/200411:02 AM
Page 1: [16] Deleted jkee 6/3/2003 1:34 PM
Any proposed plat submitted to the City for approval shall show the area
proposed to be dedicated under this section.
Page 1: [17] Deleted City User 2/17/2004 10:50 AM
The required land dedication of this subsection may be met by a
Page 1: [17] Deleted City User 2/17/2004 10:49 AM
Page 1: [17] Deleted City User 2/17/2004 10:49 AM
Page 1: [17] Deleted City User 2/17/2004 10:51 AM
by the other provisions of this section
Page 1: [18] Deleted City User 2/17/2004 11:43 AM
, unless approval has been previously granted for phasing of this dedication.
Page 1: [19] Inserted jkee 7/16/2003 11:14 AM
, unless approval has been previously granted for phasing of this dedication.
Page 1: [20] Formatted City User 2/17/2004 11:43 AM
Indent: Left: I"
Page 1: [21] Formatted rnemcik 3/25/2004 11:30 AM
Indent: Left: 0", Hanging: 0.5"
Page 1: [22] Deleted rnemcik 3/25/2004 11:30 AM
Dedications for multi-family development or development where parkland was neither
previously dedicated nor payment made with the filing of a plat,
Page 1: [23] Inserted jkee 1/12/2004 10:38 AM
ulti-family development or development where parkland was neither previously
dedicated nor payment made with the filing of a plat the additional dedication or
payment in lieu of land required by this section shad be made at the time of the
building permit application.
Page 1: [24] Formatted City User 2/17/2004 10:15 AM
Highlight
Page 1: [25] Deleted memcik 3/25/2004 11:30 AM
the additional dedication or payment in lieu of land required by this section
Page 1: [26] Deleted rnemcik 3/25/2004 11:30 AM
shall be made at the time of the building permit application.
Page 1: [27] Deleted jkee 6/3/2003 1:31 PM
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
Vlanning_ and zoning regulations of the City, such plat shall contain a clear
ee simple dedication o an area of land to the City for park purposes.
Page 1: [28] Deleted City User 2/17/2004 10:45 AM
and
Page 1: [28] Deleted City User 2/17/2004 10:47 AM
proposed
Page 2: [29] Deleted City User 2/17/2004 10:35 AM
and
Page 2: [29] Deleted City User 2/17/2004 10:47 AM
proposed
Page 2: [29] Deleted City User 2/17/2004 11:01 AM
For methodology refer to Appendix I attached herein and incorporated
and made a part of this ordinance for all purposes.
Page 2: [30] Formatted City User 2/17/2004 10:46 AM
Font: Not Italic
Page 2: [31] Deleted rnemcik 3/25/2004 11:28 AM
Deferred Dedication of Parkland
Upon a written request and submission of a proposed plan,
Page 2: [32] Deleted memcik 3/25/2004 8:25 AM
the Parks Board may consider and recommend to the Planning and Zoning Commission
that parkland be in acreage amounts in proportion to the phases
Page 2: [33] Deleted rnemcik 3/25/2004 8:25 AM
and dedicated with each phase of a development at the time of final plat. This amount of
the parkland
Page 2: [34] Deleted memcik 3/25/2004 8:25 AM
such that the parkland may be dedicated in pieces
Page 2: [35] Deleted memcik 3/25/2004 8:25 AM
and approved by the Planning & Zoning Commission. In the event that phasing of the
required parkland is approved
Page 2: [36] Deleted memcik 3/25/2004 8:25 AM
the property owner shall post a financial
Page 2: [37] Inserted jkee 6/3/2003 1:32 PM
Page 2: [38] Inserted City User 2/27/2004 2:56 PM
Deferred Dedication of Parkland
Page 2: [38] Inserted City User 2/17/2004 11:55 AM
Upon a written request and submission of a proposed plan,
Page 2: [39] Inserted City User 2/17/2004 11:34 AM
to the Planning and Zoning Commission that parkland be in acreage amounts in
proportion to the phases
Page 2: [40] Inserted jkee 6/3/2003 1:37 PM
phasing of a residential development such that the parkland may be dedicated in pieces
Page 2: [41] Inserted City User 2/17/2004 11:28 AM
phase of a development at the time of
Page 2: [42] Inserted jkee 8/25/2003 11:24 AM
and approved by the Planning & Zoning Commission. In the event that phasing of the
required parkland is approved
Page 2: [43] Inserted City User 2/17/200411:36 AM
the property owner shall post a financial
Page 2: [44] Inserted jkee 6/10/2003 9:53 AM
to cover the land dedication fee for th
Page 3: [45] Deleted jkee 6/3/2003 2:30 PM
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
Page 3: [46] Deleted rnemcik 3/25/2004 8:45 AM
prior to the filing of any final plats for single family, duplex or townhouse
development or prior to any
Page 3: [47] Inserted jkee 6/3/2003 2:36 PM
prior to the filing of any final plats for single family, duplex or townhouse
development or prior to any
Page 3: [48] Deleted jkee 11/7/2003 3:07 PM
Once improvements are accepted by the City the
Page 4: [49] Deleted jkee 10/22/2003 4:49 PM
10-13.5 In instances where an area of less than five (5) acres is required to be
dedicated, the Planning and Zoning Commission shall have the right to
accept the dedication for approval on the final plat, or to refuse same, after
consideration of the recommendation of the Parks and Recreation
Advisory Board. The City shall have the right to require payment of cash
in lieu of land in the amount provided above, if it determines that
sufficient park area is already in the public domain in the area of the
proposed development, or if the recreation potential for that zone would be
better served by expanding or improving existing parks.
Page 4: [50] Deleted jkee 12/22/2003 3:07 PM
10-B.6 The dedication required by this section shall be made by filing of the final
plat or contemporaneously by separate instrument unless additional
dedication is re wired subsequent to the filing of the final plat. If the
actual number o completed dwelling units exceeds the figure upon which
the original dedication was based, such additional dedication shall be
required and shall be made by payment of the cash in lieu of land amount
rovidea above, or by the conveyance of an entire numbered lot to the
City. For multi-family development or development where parkland was
neither previously dedicated not payment made with the filing of a plat,
the additional dedication or payment in lieu of land required by this
section shall be made at the time of the building permit application.
Formatted [ 1 ]
:,_Deleted* numbers as proposed
Inserted: numbers as proposed z _l
Formatted [3]
SECTION 10: REQUIREMENTS FOR PARK LAND DEDICATION Deleted: appropriate increases
10-A. Purpose Inserted appropriate increases
Deleted: completed -.-figure up~
10-A. I This section is adopted to provide recreational areas in the form of neighborhood parks as Inserted: dedication was based -[57 i
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 ( Deleted: dedications
Station, granted under the Texas Constitution, and the statutes of the State of Texas, - ---i
including, but not by way of limitation, TEXAS LOCAL GOv'T CODE CHAPTER 212 Inserted: dedication s
(Vernon 1999; Vernon Supp. 11004). It is hereby declared by the City Council that Deleted:.
recreational areas in the form of neighborhood parks are necessary and in the public wel-
fare, and that the only adequate procedure to provide for same is by integrating such a
requirement into the procedure for planning and developing property or subdivisions in l Inserted: required, and shall be~ [
the city, whether such development consists of new construction on vacant land or
rebuilding and remodeling of structures on existing residential property. Formatted B
j Deleted:
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 Formatted [91
be served thereby. The park zones established by the Parks and Recreation Department Deleted: full
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 Formatted 10
from any residence located therein. The primary cost of neighborhood parks should be Deleted: made
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 such facilities. Inserted: made
l Deleted: _
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes: Inserted: prior to the filing o [111
Formatted: Bullets and Nu 12
10-B General Requirements
Formatted ng' 19
The City Manager or his designee shall administer this SEcrloy 10, RLQI IRE.\tENTS FOR ~ iII Deleted: or
PARKLAND DEDICATION.
Deleted: is
Dedications shall cover both land acquisition and development costs for neighborhood parkland ;I ii 14
for all types of residential development. Dedications shall be based on actual dwelling units for the Inds Code ofordinanc
Pntire development. Increases or decreases in final unit count will require an.adiustment in fees Deleted: or the fee paid
paid or land dedicated. If the actual number of swelling units exceeds the Original estimate Deleted: is dedication shall be
additional parkland shall be dedicated in accordance with the requirements in Section I (1 with the
filingofafinal plat. ~Deleted:Anyproposed plat su 16 \
ADeleted: The required land de 17
The methodology used to calculate fees and land dedications is attached hereto as Appendix I d_-
incorporated and made a part of this ordinance for all pumoses. Deleted: unless approval
F. [16]
`I
r / j Inserted: unless approva 19
,Thelotal amount of parkland dedication or fees calculated for the development shall be remitted -
t Formatted
1. j2rior to the filing of any final plats for single family, duplex or townhouse-' 20~
development; OR t Deleted: Form
2. rior to the issuance of any building permits for multi-family develo ment, or where a i i Inserted: Form
Form
plat is not required under the Unified Development Ordinance or Chapter 9 of therode -
of'Ordi nance~,, Formatted 21
Deleted: Dedications for multi 22
payment of money injieu,of land may be used to satisfy the land dedication
Inserted: Dedications form requirement when permitted by-Section I 0.132 or as otherwise required herein
- Inserted: ulti-family develops . 23]
24
10-13-1 Land Dedication Formatted
Deleted: the additional det ica _ [251
Anv and all parkland required to meet the dedication requirement under this section shall
Dealt be made at the t
be dedicated in fee simple upon the submission oLa final plat.. . [261
Deleted: Whenever a final pia [271
For single family developments the area of- land to be dedicated for parkland pumoses
.shall be equal to one (1) acre for each one hundred,one(101),dwelling units, For duplex Deleted: by
Inserted: by
Deleted: -
Deleted: is area
Jan. 04 revisions " O•'JANE"PARKLAND"2004 Parkland Ord"
Deleted: and... proposed
[281
Formatted 130]
Deleted: - 131
Deleted: T
and other multi-famil develo ment this area shall be ual to one (1) acre for each one Deleted: resident al - -~j
hundred.twenty-five(I25),lwelling units-- II InserteI TT - -
Deleted: the Parks Board may~32]~
Deleted: phasing
10-B.2 Fee in Lieu of Land Inserted: he Parks Board may
Deleted: and dedicated with e{ 133]
A landowner 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 in4ieuapf land, in__the Inserted: recommend
amount set forth below. Before making this election, for any required dedication of Deleted: ofa _J
threes3) acres or more or for am development containing flcxxiplain or greenwav, the Deleted: development
land owner must obtain a recommendation from the Parks and Recreation Advisory
Board and approval From the___Planning & Zoning Commission pursuant- to the plat Deleted: such that the parklan 34
approval procedures set out i RTKTE 3 3 OF IHE U\IFIED DI VFI-OPMF\T ORDI\A\(E
Inserted: final plat. This
AvD CHAPTER 9. The a-ment m- teu f land shall be remutexl as required mSex'uon - ~
~._____P Y _ _ 3P
10.6.1. - - _ Deleted: phasing ~i
Deleted: shall be
The amount of the fee-in,4ieu of land_ is a_ fee that shall bes-ufficient to acquire Inserted: and dedicated
neighborhood parkland. T. he Der-acre---price shall be- computed- on the basis of one
hundred ninety-eight dollars- ($-198.10 per dwel-1_ing unit for single family development Deleted: so indicated
and one hundred sixty dolla_r_s-~$ I.60,0(1) per dwelling unit for duplex and .multi-family , ' Deleted: depicted on
development. ,
Deleted: a
Fees may be used only for acquisition or development of a neighborhood park located Deleted: the preliminary plat.
within the same zone as the development.
Deleted: posted
Dedications of less than three 13) acres C Deleted: m an amount equal to
The City Manager or his designee is authorized to accept a fee-in-lieu of land for Inserted: the
dedications of less than three (3) acres where there is no floodplain or greenway if there Deleted: and approved by the [35]
is a sufficient amount of parkland existing in the in the park -zone of the proposed
development (how does one determine whether there is sufficient land in the zone. Is Deleted: Upon approval,
there some chart or standard) The City Manager Or his designee may recommend the Inserted: Upon approval
expansion or improvement of existing parks with the fee rather than the purchase of
additional land in a zone to the Parks Board for consideration. The Planning and Zoning Inserted: , there shall be
Commission shall finally approve or disapprove the Parks Board recommendation. Deleted: there shall be
10-B.3 Park Development Fee , ; Deleted: the property owners 136]
NOTE: This provision states that the fee is a per acre fee but further into the paragraph Deleted' a -
you discuss the fee as a per dwelling unit fee Please review and revise as necessary. In Deleted: guarantee
addition to the land dedication, there shall also be a fee established that is sufficient to Deletted: to cover
,leveloRthe land to meet the Manual of Neighborhood ark Improvements Standards to -
serve the zone in which such development is located. Ztis per-acre fee shal_1- be . i Deleted: the land dedication fee for the
computed on the basis of three hundred fifty-eight dollars ($358) per dwelling unit-for t -
single family developments and two hundred 1»nety-two ($292) for duplex and multi- : Deleted: ose
family development: Thelotal fee shall be paid upon submission oC each final plat . or Inserted: ose
u on applwation fix abuildingpermit whichever is a licable.
j t Deleted: remaining balance of
Fees paid under this Section may be used only for development or acquisition ofa Deleted: portions not
neighborhood park located within the same zone as the development. DeI ed. yhe dedicated requirement
10-B.4 Park Development OOption to Lieu of Fee F Inserted: ¶ 37
A developer a elect to construct the neighborhood park improvements in lieu of Ited: Deferred Dedicatio 13g] 1
a in the park development fee required under Section 10.13.3 under the following terms
and conditions: ; Inserted: t
Inserted: consider and
1. LThe Developer shall submit plans-and specifications, wIth-, - -
. or revie and rova b the Parks and Recreation Adviso ; Inserted: to the Planning and gg
Board.IThe Parks Board does not have any approval authority in their by la"s i
Inserted: phasing ofa residen • 40
Inserted: with each
j Inserted: hase of a develo n
Jan. 04 revisions " O"JANE"PARKLAND"2004 Parkland Ord" p 41
Inserted: amount of the parkland
Inserted: phasing shall be so indicated l'I
Inserted. depicted 1
Inserted. nono a
L- serte -
„
43
If you want to give them approval authority you must amend the by-laws and Formatted: Font: Bold
delegate it under specific criteria in the ordinance). Auestion: When does the
developer have to submit these plans' Prior to submission of final plat, with his Deleted: as per criteria established in j
application for final plat... Inserted: as per criteria established in
2 All plans and specifications shall meet or exceed the Manual of Neighborhood Park the Manual of Neighborhood Park
Improvement Standards in effect at the time of the submissiorL l Improvement Standards
3 The actual costaf the improvements shall meet or exceed thet)ark development fee
in I O.B.3. Deleted: as adopted and amended from
4. Developershall, ~o financiak guaranteez for 125%-of the estimated actual cost oftime to time..
the imRrovemenl~, Deleted: .
5. This guarantee shall be tiled with upon submission of the first final plat
pted and amended
.or building permits.whichever is anplicable. Inserted: as ado
from time to time..
6. If the improvements are constructed on land owned by the Developer, the process of )
financial guarantee shall be the same as that found in Section 7 of the Subdivision Deleted:
Regulations i
7. Jf the improvements are constructed on land that has alreadv been dedicated and/or i _ In all cases t
owned by the City, then the Developer must post payment and performance bonds to Deleted: required ~I
guarantee the payment of all subcontractors and suppliers and to guarantee
Developer completes the work in accordance with the plans specifications and Inserted: to au cases t
ordinances and improvements are accepted by the City, Formatted: Highlight
Formatted: Highlight
The construction of all improvements must be completed within2year sltoo long) from Deleted: value
-i
the date of the approval of the plans and specifications by the or upon
completion of the development whichever occurs first. One extension of up to twelve Inserted: value of the improvements
(12) months may be granted upon written request to the City Manager or his designee., I shall meet or exceed the amount of the
required park development fee
The financial guarantee on land owned by developer will be released after the following Formatted: Highlight
requirements are met:
Deleted: amount of the
1. Improvements must have been constructed in accordance with the approved plans-•, Deleted: All improvements
and specifications - -
2. Af1 pgk1and__u on which the improvements have been constructed h_as- been Deleted: either
dedicated as required under this ordinance Deleted: be
~
3. All manufacturer's warranties have been provided for any equipment,
4. A certificate of final completion has been issued by the City Manager or his designee, ' 'Deleted: ly
4. Upon issuance of a certificate of Final Completion, Developer warrants for a Deleted:
period of one (1) year as follows:
Deleted: or accepted by the C [4511
All materials and equipment provided to the City shall be new unless otherwise Formatted: Highlight
approved in advance by the City Manager or his designee and that all work will be
of good quality, free from faults and defects, and in conformance with the designs, Deleted: prior to the fling of 46
plans, specifications, and drawings, and recognized industry standards. This Inserted: prior to the fling of 47
warranty, any other warranties express or implied, and any other consumer rights, Deleted; for multi-family development
shall inure to the benefit of the City only and are not made for the benefit of any
party other than the City. Deleted: s _1I
Deleted: ,I
All work not conforming to these requirements, including but not limited to unapproved Formatted; Highlight
substitutions, may be considered defective.
Formatted:
This warranty is in addition to any rights or warranties expressed or implied by law. Highlight
Formatted: Highlight
Where more than a one (1) year warranty is specified in the applicable plans, Deleted: once improvements 48
specifications, or submittals for individual products, work, or materials, the longer Formatted: Bullets and Numbering
warranty shall govern.
Formatted: Highlight
This warranty obligation shall be covered by any performance or payment bonds tendered Formatted: Highlight
in compliance with this Ordinance Formatted: Highlight
Deleted: Agreement
Jan. 04 revisions "O"JANE"PARKLAND°2004 Parkland Ord"
Defective Work Discovered During Warranty Period. If any of the work is found or Deleted; <#>The subdivider shall post
determined to be either defective, including obvious defects, or otherwise not in another financial guarantee in the amount
accordance with this ordinance, the designs, plans, drawings or specifications within one equal to 25% ofthe original bond for a
period
year after the date of the issuance of a certificate of Final Completion of the work or a d of one year to cover the warranty
designated portion thereof, whichever is longer, or within one (1) year after acceptance by
the City of designated equipment, or within such longer period of time as may be
prescribed by law or by the terms of any applicable special warranty required by this -
ordinance, Developer shall promptly correct the defective work at no cost to the City. Inserted: <p>The subdivider shall post
another financial guarantee in the amount
equal to 25% of the original bond fora
During the applicable warranty period and after receipt of written notice from the City to period of one year to cover the warranty
begin corrective work, Developer shall promptly begin the corrective work. The period. ¶
obligation to correct any defective work shall be enforceable under this code of Once improvements are accepted by the
ordinances. The guarantee to correct the defective work shall not constitute the exclusive City, the City shall take over ownership
remedy of the City, nor shall other remedies be limited to the terms of either the warranty and maintenance of said improvements.
or the guarantee. Formatted: Highlight
Deleted: Once improvements are
If within twenty (20) calendar days after the City has notified Developer of a defect, accepted by the City, the City shall take
over ownership and maintenance of said
failure, or abnormality in the work, Developer has not started to make the necessary improvements. _
corrections or adjustments, the City is hereby authorized to make the corrections or Inserted; Director of PARD shall
adjustments, or to order the work to be done by a third party. The cost of the work shall
eleted: give written approval that the
be paid by Developer. D
fina
The cost of all materials, parts, labor, transportation, supervision, special instruments, and Inserted: give written approval that the
fina _J
supplies required for the replacement or repair of parts and for correction of defects shall
be paid by Developer, its contractors, or subcontractors or by the surety. Formatted- Highlight
Deleted: At the end of one year, t
The guarantee shall be extended to cover all repairs and replacements furnished, and the Deleted: Director of PARD
term of the guarantee for each repair or replacement shall be one (1) year after the Deleted: may be released
installation or completion. The one (1) year warranty shall cover all work, equipment, Deleted: if any an 1
and materials that are part of the improvements made under this section of the ordinance. _ -=1
Deleted: d all
c-- Deleted: developer shall deed the
The City Manager or his designee shall release theJinancial uuarantee rrovided all yt property and improvements to the City.
warranty work has been completed and accepted by the City. Deleted: I
49
The City may draw down on the financial guarantee provided under Chapter 9, Section 7 Deleted: 10-B.6 The dedication
required by this section shall be made by
filing of the final plat or
I, Developer fails to complete the improvements contemporaneously by separate in-
2_Developer fails to complete anv warranty work stmment unless additional dedication is
3. Develo er fails to dedicate the land on A hich the improvements are constructed required subsequent to the filing of the
final plat. If the actual number of
completed dwelling units exceeds the
Developer shall be liable for any deficiency between the amount of the guarantee and the figure upon which the original dedication
cost of completion of the installation of improvements or the amount of any warranty was based, such additional dedication
work... shall be required, and shall be made by
payment of the cash in lieu of land
amount provided above, or by the
conveyance of an entirenumber
10-B.7 The City may from time to time acquire land for parks in or near the area of actual or -
potential development. If the City does acquire park land in a park zone, the City may Deleted: decide to
,require subsequent parkland dedications for that zone to be in cash only. This will be to Deleted: shall have the right to
reimburse the City or the cost of acquisition. _Once the City has-been reimbursed entirely. ems:
for all such park land within a park zone, this subsection shall cease to apply, and the its
subsections of this section shall again be applicable. ! Deleted:
10-C Prior Dedication; Absence of Prior Dedication Deleted: purchase cost
Formatted: Highlight
Jan. 04 revisions "O°JANF."PARKLAND"2004 Parkland Ord'
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 structures
constructed upon property is greater than the former assumed density. Additional dedica-
tion 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund: Right to Refund
10-13.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as
the park land dedication fund.
10-13.2 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 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 prorata refund 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 Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its
commendations. Because of the need to consider specific characteristics in the site I Deleted decisions
selection process, the park locations indicated on the Plan are general. The actual
locations, sizes, and number of parks 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 a c uired by the City or received as donations. rDeleted: purchased
]0-E.2 Park Zones are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are 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 recreation
uses. All land dedicated must be dedicated in fee simple by general warranty deed and
also be depicted on any preliminary and final plat. The dedication shall be free and clear
of any and all liens and encumbrances that interfere with its use for park purposes. The
City Manager or his designee shall determine whether any encumbrances interfere with
park use. Minerals may be reserved from the conveyance provided that there is a
coM lete waiver of the surface usebvall_,mineral owners and lessees. A current title
report must be provided with the land dedication.. The property owner shall pay all ad Deleted:.
valorum tax or assessments owed on the property up to the date of' acceptance of the
dedication by the City, A tax certificate from the Brazos County Tax Assessor shall be - - Deleted:
submitted with the dedication.
Consideration will be given to land that is in the floodplain or may be considered------ Formatted; Indent: First line: 0"
"floodable" even though not in a federally regulated floodplain as long as, due to its
elevation, it is suitable for park improvements.
Jan. 04 revisions "O"JANE" PARKLAND"2004 Parkland Ord"
(a) Neighborhood park sites should be adjacent to residential areas in a manner that
serves the greatest number of users.
(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 would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City
Manager or his dcsignet:and must meet specific parks specifications. Deleted: staff
10-17.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where feasible, park sites should be located adjacent to greenways and/or
schools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-residential use must directly abut a park, the use must be separated
by a screening wall or fence and landscaping. b Plannin -and Zoning-_ Deleted: Access points to the park may
Commission may require more than one access point 1f_public--benefit is be allowed by t
established.
Formatted: Highlight
(d) It is desirable that a minimum of fifty percent (50%) of the perimeter of a park Formatted: Highlight
should abut a public street. In all cases, the City shall approve the proposed
street alignment fronting on city parks. Formatted: Highlight
(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.
• Deleted: Development means¶
10-G. Consideration and Approval
Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board or the Ei Deleted: Director of PARR a
Manager or his designee as provide herein and a recommendation given to the ---i
Commission. The Commission may make a decision contrary to such recommendations Deleted:
only by a concurring vote of at least five (5) members. Deleted: above
10-H. Review of Dedication Requirements Inserted: above,
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 acquisition and park development costs
as well as the City's targeted level of service for parkland per one thousand population.
Fees shall be set by resolution of the City Council.
Jan. 04 revisions "O"JANE"PARKI.AND"2004 Parkland Ord"
Page 1: [1] Formatted City User 2/17/2004 12:03 PM
Small caps
Page 1: [2] Inserted jkee 6/23/2003 10:45 AM
numbers as proposed for the entire development. Increases
Page 1: [3] Formatted City User 2/17/2004 10:01 AM
Highlight
Page 1: [4] Deleted City User 2/17/2004 10:56 AM
completed
Page 1: [4] Deleted City User 2/17/2004 10:56 AM
figure upon which the
Page 1: [4] Deleted City User 2/17/2004 10:16 AM
dedication was based, such
Page 1: [5] Inserted jkee 1/12/2004 10:38 AM
dedication was based, such additional
Page 1: [6] Deleted City User 2/17/2004 10:57 AM
required, and shall be made by payment of the cash in lieu of land as per I O.B.1, or by the
conveyance of an entire numbered lot to the City.
Page 1: [7] Inserted jkee 1/12/2004 10:38 AM
required, and shall be made by payment of the cash in lieu of land as per I O.B.1, or by the
conveyance of an entire numbered lot to the City.
Page 1: [8] Formatted City User 2/17/200411:03 AM
Font: Not Italic
Page 1: [9] Formatted rnemcik 3/25/200411:28 AM
Indent: Left: 0.5", First line: 0"
Page 1: [10] Formatted City User 2/17/2004 11:04 AM
Highlight
Page 1: [11] Inserted jkee 7/16/2003 11:15 AM
prior to the filing of any final plats for single family, duplex or townhouse
development
Page 1: [12] Change City User 2/17/2004 11:43 AM
Formatted Bullets and Numbering
Page 1: [13] Formatted City User 2/17/2004 11:05 AM
Highlight
Page 1: [14] Inserted City User 2/17/2004 10:52 AM
is Code of Ordinancesor the fee paid
Page 1: [15] Deleted City User 2/17/2004 10:52 AM
is dedication shall be met prior to the issuance of
Page 1: [15] Deleted City User 2/17/2004 11:02 AM
Page 1: [16] Deleted jkee 613/2003 1:34 PM
Any proposed plat submitted to the City for approval shall show the area
proposed to be dedicated under this section.
Page 1: [17] Deleted City User 2/17/2004 10:50 AM
The required land dedication of this subsection may be met by a
Page 1: [17] Deleted City User 2/17/2004 10:49 AM
Page 1: [17] Deleted City User 2/17/2004 10:49 AM
Page 1: [17] Deleted City User 2/17/2004 10:51 AM
by the other provisions of this section
Page 1: [18] Deleted City User 2/17/2004 11:43 AM
, unless approval has been previously granted for phasing of this dedication.
Page 1: [19] Inserted jkee 7/16/2003 11:14 AM
, unless approval has been previously granted for phasing of this dedication.
Page 1: [20] Formatted City User 2/17/2004 11:43 AM
Indent: Left: I"
Page 1: [21] Formatted memcik 3/25/2004 11:30 AM
Indent: Left: 0", Hanging: 0.5"
Page 1: [22] Deleted memcik 3/25/200411:30 AM
Dedications for multi-family development or development where parkland was neither
previously dedicated nor payment made with the filing of a plat,
Page 1: [23] Inserted jkee 1/12/2004 10:38 AM
ulti-family development or development where parkland was neither previously
dedicated nor payment made with the filing of a plat the additional dedication or
payment in lieu of land required by this section shall be made at the time of the
building permit application.
Page 1: [24] Formatted City User 2/17/2004 10:15 AM
Highlight
Page 1: [25] Deleted memcik 3/25/2004 11:30 AM
the additional dedication or payment in lieu of land required by this section
Page 1: [26] Deleted memcik 3/25/2004 11:30 AM
shall be made at the time of the building permit application.
Page 1: [27] Deleted jkee 6/3/2003 1:31 PM
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
planningand zoning relations of the City, such plat shall contain a clear
ee simple dedication o an area of land to the City for park purposes.
Page 1: [28] Deleted City User 2/17/2004 10:45 AM
and
Page 1: [28] Deleted City User 2/17/2004 10:47 AM
proposed
Page 2: [29] Deleted City User 2/17/2004 10:35 AM
and
Page 2: [29] Deleted City User 2/17/200410:47 AM
proposed
Page 2: [29] Deleted City User 2/17/2004 11:01 AM
For methodology refer to Appendix I attached herein and incorporated
and made a part of this ordinance for all purposes.
Page 2: [30] Formatted City User 2/17/2004 10:46 AM
Font: Not Italic
Page 2: [31] Deleted rnemcik 3/25/2004 11:28 AM
Deferred Dedication of Parkland
Upon a written request and submission of a proposed plan,
Page 2: [32] Deleted rnemcik 3/25/2004 8:25 AM
the Parks Board may consider and recommend to the Planning and Zoning Commission
that parkland be in acreage amounts in proportion to the phases
Page 2: [33] Deleted memcik 3/25/2004 8:25 AM
and dedicated with each phase of a development at the time of final plat. This amount of
the parkland
Page 2: [34] Deleted rnemcik 3/25/2004 8:25 AM
such that the parkland may be dedicated in pieces
Page 2: [35] Deleted rnemcik 3/25/2004 8:25 AM
and approved by the Planning & Zoning Commission. In the event that phasing of the
required parkland is approved
Page 2: [36] Deleted memcik 3/25/2004 8:25 AM
the property owner shall post a financial
Page 2: [37] Inserted jkee 6/3/2003 1:32 PM
Page 2: [38] Inserted City User 2/27/2004 2:56 PM
Deferred Dedication of Parkland
Page 2: [38] Inserted City User 2/17/200411:55 AM
Upon a written request and submission of a proposed plan,
Page 2: [39] Inserted City User 2/17/200411:34 AM
to the Planning and Zoning Commission that parkland be in acreage amounts in
proportion to the phases
Page 2: [40] Inserted jkee 6/3/2003 1:37 PM
phasing of a residential development such that the parkland may be dedicated in pieces
Page 2: [41] Inserted City User 2/17/200411:28 AM
phase of a development at the time of
Page 2: [42] Inserted jkee 8/25/2003 11:24 AM
and approved by the Planning & Zoning Commission. In the event that phasing of the
required parkland is approved
Page 2: [43] Inserted City User 2/17/200411:36 AM
the property owner shall post a financial
Page 2: [44] Inserted jkee 6/10/2003 9:53 AM
to cover the land dedication fee for th
Page 3: [45] Deleted jkee 6/3/2003 2:30 PM
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
Page 3: [46] Deleted rnemcik 3/25/2004 8:45 AM
prior to the filing of any final plats for single family, duplex or townhouse
development or prior to any
Page 3: [47] Inserted jkee 6/3/2003 2:36 PM
prior to the filing of any final plats for single family, duplex or townhouse
development or prior to any
Page 3: [48] Deleted jkee 11/7/2003 3:07 PM
Once improvements are accepted by the City the
Page 4: [49] Deleted jkee 10/22/2003 4:49 PM
10-13.5 In instances where an area of less than five (5) acres is required to be
dedicated, the Planning and Zoning Commission shall have the right to
accept the dedication for approval on the final plat, or to refuse same, after
consideration of the recommendation of the Parks and Recreation
Advisory Board. The City shall have the right to require payment of cash
in lieu of land in the amount provided above, if it determines that
sufficient park area is already in the public domain in the area of the
proposed development, or if the recreation potential for that zone would be
better served by expanding or improving existing parks.
Page 4: [50] Deleted jkee 12/22/2003 3:07 PM
10-13.6 The dedication required by 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 shall be made by payment of the cash in lieu of land amount
rovidea above, or by the conveyance of an entire numbered lot to the
City. For multi-family development or development where parkland was
neither previously dedicated not payment made with the filing of a plat,
the additional dedication or payment in lieu of land required by this
section shall be made at the time of the building permit application.
Formatted „ 1
I Deleted: nu beef 1
Inserted: numbs
Formatted [4]
SECTION 10: REQUIREMENTS FOR PARK LAND DEDICATION Deleted: app j
Inserted: app r9pt6g
10-A. Purpose
r" Deleted: co >lP"11
10-A.1 This section is adopted to provide recreational areas in the form of neighborhood parks as Inserted: o
de(- -FRI
a function of subdivision and site development in the City of College Station. This j
section is enacted in accordance with the home rule powers of the City of College Deleted: dedicatic
Station, granted under the Texas Constitution, and the statutes of the State of Texas, Inserted: dr
including, but not by way of limitation, TEXAS LOCAL Gov'T CODE CHAPTER 212 rt --[10] j
(Vernon 1999; Vernon Supp. 2-904). It is hereby declared by- the City Council that Deleted:
recreational areas in the form of neighborhood parks are necessary and in the public wel- r-
fare, and that the only adequate procedure to provide for same is by integrating such a Deleted: requi e 1L'
requirement into the procedure for planning and developing property or subdivisions in Inserted: reguirf121
the city, whether such development consists of new construction on vacant land or Formatted
rebuilding and remodeling of structures on existing residential property. [13]
Deleted
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 Formatted [14]
1 Deleted: full
be served thereby. The park zones established by the Parks and Recreation Department
and shown on the official Parks and Recreation map for the City of College Station shall Formatted
be prima facie proof that any park located therein is within such a convenient distance [15]
from any residence located therein. The primary cost of neighborhood parks should be `Deleted: made
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 such facilities. Inserted: made
t Deleted:
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes: Inserted: p ice;
Formatted: Bullets
]0-B General Requirements jg and Numbering, 17
The City Manager or his designee shall administer this SECTION 10, REQUIREMENTS FOR Formatted 18
PARKLAND DEDICATION. Deleted: or
d~s
Dedications shall cover both land acouis,ition_and development costs for neighborhood parkland ItDelete
for all types of residential development. Dedications shall be based on actual dwelling unittifor the " Inserted: i~ ~1~
entire development Increases or decreases in final unit count will require an adjustment in fees -
paid or ]arid dedicated. If the actual number of dwelling units exceeds the original estimate I Deleted_or,4he 720 ii
additional parklaid ~shall be dedicated in accordance with ale requirements in Section I(tWith the , j Deleted: is
lilirio _of a liual plat. 21
Deleted: Any,,, [ Z
he ri thc~dolo Tv u•~d <ocalc ufate 1ec5 anc! land dedicationsis attached _herclo ati Appendix l arni i Deleted: The _ L1
incoi poit,d and mad t arl of this in{Iipan.~ for all ui xises. -
Deleted.. -
;f he olal ariigt.mt o larkland dedication or fees calculated for the development shall be rcrnitts;~ [24
Inserted: <7Y?,, [25] 1
l prior to the filing of any final plats for single family, duplex or townhouse.i Formatted
[26]
development; OR
,p : m
rior to the issuance of any building permits for multi-family development or where a i Deleted For
plat is not required under the L:niited Development Ordinance or Chanter 9 of tl~ie~ ode Inserted: Form
t Olrcof money in reu: f land mly be used to satisfy the land icdiCation Formatted [27]
~ payment ~ r Deleted Dedica.'
re q <i<errienl_when permitted b . ecdon103.2 or as otherwise required herein_
Inserted Dedic p9
Inserted: u~i~i 30~
10-B-1 Land Dedication Formatted 31
env and all parkland required to meet the dedication requircincnt under this section shall Deleted: the L3211'
be dedicated in fee simple upon the submission ova final plat.,
' Deleted: shill bl331
For single family developments the area of land to be dedicated for parkland purposes fiene
shall be equal to one (1) acre for each one hundred one (101),dwelling units. For duplex
l Deleted... by ....f Deleted:
Inserted'. by
Deleted:
,Ian 04 revisions "O"JANE"PARKL,AND"2004 Parkland Ord" Deleted: is area
Deleted: ano...g981
i__
Formatted [37]
r 1
Deleted: I ,,,138]_.
Deleted: T
~
f Deleted: residential
and other multi-family development this area shall be equal to one (1) acre for each one -
hundred, twenty-five (125), iwelling-units.~ _ Inserted: T
Deleted: the Pam,
Deleted: phasing J
10-B.2 Fee in Lieu of Land Inserted: he-Part4ol
landowner responsible for dedication under this section may elect to meet the Dnsertedaeaort,L4
_ _...-._._.._._e-...-.._.
requirements of 10 B.l. in whole or in part by a cash payment in- ieu- f land, in the~_
amount set forth below. Before making this election, for any required dedication of 1 Deleted: ofa
three-(3) acres or more or for any development containing floodplain or greenway, the
t Deleted: 1431,
land owner must obtain a he on)fro Coin D>vaCOhiwpN'f ORDINANCE la t
Board and approval rom the Planning & Zonin ommission ursuant to the lot
C- _ ~ P Deleted such •It~4]
approval procedures set out its ARTICLE 3.3 c >
AND { HAI'1 t_t; { 1 he a ment in- ieu- f land shall be remitted as rccatnred in Section I Inserted final fit.;.
Deleted: phasing
Deleted: shall be
The airicxant _uf .th fee jnieu of land is a fee hat shall be sufficient to acquire i t Inserted and 1481
neighborhood parkland. The per acre prtce_shall_be computed on the basis of one
hundred ninety-eight dollars ($198.00 er dwellin unit for single family development Deleted: so r471 1
-~R
and one hundred sixty dollars-$60.00 per dwelling unit for duplex and multi-fami ' Deleted depicted on
development. - - - - - I r
Deleted a
Fels may be used only for acquisition or development of a neighborhood park located r
y y Deleted: the L~
within the same zone as the development. r _........i
Deleted: posted
Dedications of less thin three (3) acres
Deleted: m ~n 49 I
' be { ity_ Manager or his rt sis new is authorized to accept a tee rn lieu. of land }or I Inserts td a
dedications of less th..ut-~.rr ~ I ~ _c.res nherc there is no floo i~ l in_or reen~~ tv rf there ~r Deleted: a d 1
rs a Sutfierent <rpounttsf_Parkland ctistino in the in the v<u'k zone of themo ose~l ` _ 50
eievelo Went how does one determine whether there is sufficient land in the zone. Is Deleted: u on
chart or standard) Ilic { itv Manager or his desiLmee mas_ recommend the Inserted: on
eapansron or itn_ptotemLrat of c isting parks ~Nith the fee r ather_thin_the ourchtse of ~p 521 1
additional land in a_zone to the Parks Board for consideration. Ilie Planning id,ZonrnL ~ Inserted: ,lherei531
ornn ~S 'i/u~ sh<tl,l, finally <)pprrave of 3is:aa rope t}IC:, ail s Boyd rc~onunen_fatio~i.
Z:6 fie fir j~► Oh f 3 KO S' f Deleted there s~~.~
10 B.3 Park Develop Fee l 1 & P/ D leted the ~51
tt '
4 l~~/~? i is s Q ~;r'Ir
Ne ~ ,Deleted a
ragr_tir. r
NO I } I his proti nomt<u , that the fee is a r acre, fee taut lurthcr into _the pa
Von discuss the tee as a aer dvccllin~r unit lec Please reOevk and resrsc as Vadards uc. In Deleted guarantee
addition to the land dedication, there shall also be a fee established thicient to Deleted: to cover ]
Flevelop,the land to meet the Manual d1'-Neighborhood' ark Inen ntto _
serve the zone in which such development is located. 1 is ee shall e_ I `t Deleted: the lai
computed on the basis of three hundred fift -et ht dollars $358 per dwellin u it for \
smgl y family developments and two hundredninety two _($292) for duplex and multi- \ Inserted: ose-~
coin r n 'each final hat or
fame develo men Th_.• otif-12 l be fee shall aid t_n subnuss( e>n) p _ ~~1 Deleted: ose
>w
upoa~..._ T.....ca f_gn...RT_r}buildin ermitEwhichetier is ipphcable ~'~r--
Deleted: rernaipmi
Fees paid under this Section may be used only for development or acquisition of a Deleted: pgrtio gLl j
neighborhood p ark located within the same zone as the development.
Deleted: the (591,-
.Deleted YeL-- 601
10-13.4 Park Development Option in Lieu of Fee `I I
Inserted: serted: I
Aa`dnv thee l
arle develo Imen jonstruct uneighborhood park p
f-(}.M under the Jollow n( ,I-nis l~
p park develop
and eond7tuxas-. f ~lInserted: t
Inserted: c nsr _I
1 __ol fa [~ctitio ei shall suhrnit and specifications o earth-31'
p
ur review and ion, s b the Parks and Recreation Advisory \ t Inserted: t q 1 _ 54]
W.. _y. ` PP_ Y - Inserted: se-
Board. Che Parks Board does not have anv a sroval authority in their by laws
P ~51
\V
Inserted: with each
:l Inserted pi 66 1
Jan. 04 revisions " O"JANE"PARKLAND" 004 Parkland Ord"
i Inserted. at [67]
s;
Inserted: pbaasir%81
Inserted: depicted
Inserted: on a
t, -169]
( 1
ti J
t
If ou want to ire them a royal authorit you nttst amend the b v-laws and Formatted: Font:
del-rat- 4 under sUectfic criteria in the ordrnanc Question: When does the Bold
developer h~v- to submit these plans? Prior to s mission of final piat, with 1-airlication for fina~>Int , Deleted: as per
criteria established in
All [Mans w id spccifcatio ns shall niect_or exceedithe Manual of Neighborhood Park
Improvement Standards ui cLlcct at the tune oi'tirc 5ubnussInserted: as per
Ire au a,rt cost,pf the improvements shall meet or exceed the park development fee ' criteria established in
111 1 O.I3 the Manual of
Develo rtr,shall,1 ost a financial,guarameq for 125% of the estimated actual cost of' Neighborhood r781
tlie_impigvci:nlj - r 79 wit
Deleted: ,fnhbugd n permrtsllvbhict,c~ct isltapphc tlil upoti sutrnussrc>rl, of thcfir,t tidal [)101 Deleted: ~s
b.If , lmpr{ ~ i~cnt are constructed on land owned _ by the the process of
financial guarantee shall be the same as that found in Section 7 of the Subdivision A rInserted: aq jgp
Regulations t Deleted:
7. Lthe inoiov nicnts are comtructed oil land that has alretdv been dodicated and/or is
Deleted: in41tFtM
owneci_l34 the t its then the i3evcloer must po,thavmnt uid c riornanac bonds to v ti
gtamc the t~avritcn€ of =ill subcontractors arid su r )hcrs and to ruarantcc Deleted: required
Developer completes. tir wort. ill accordance with.tile plans s ec.itications and ordinances tn_daril rovCniynts arc ic,ce~ted by the t It}:_~ - Inserted: 14 all 182]
a Formatted [83]
A f~
The construction of all improvements must be completed within2 years (too h~fla) from Formatted _ [84L
the date of the approval of the plans and specifications b the or upon ! i ~
by Deleted: value
completion of the development whichever occurs first. One extension of up to twelve - '
(12) months may be granted upon written request to the City Manager or his designee.,. Inserted: v( 85
Formatted 86
The financial guarantee on land owned by developer will be released after the following
Deleted: amount8t7]
requirements are met: f
Deleted AI'_188]
1. Improvements must have been constructed in accordance with the approved plans-
and specifications Deleted either
2. All park-land c k ,,1 v hich tl rr ?roti ha-c: bc.cii constructed has been
- r Deleted: be
dedicated as rc qwi, d und~,;r 11_i, liil~t~ic r .
i Deleted: ly ,
3. All manufacturer's warr nties have been provided for any quiPm L
-
4. A certificate of final completion has been issued by the Ci Manager or his designee, r Defeted : d
4. Upon issuance of a certificate of Final Completion, Developer warrants for a - -
period of one (1) year as follows: Deleted: oq gg
Formatted 90]
All materials and equipment provided to the City shall be new unless otherwise Deleted:.
approved in advance by the City Manager or his designee and that all work will be (Deleted: pry?r.lTitjipj
j
of good quality, free from faults and defects, and in conformance with the designs, `
Inserted: p(,or tp92]
plans, specifications, and drawings, and recognized industry standards. This
g I
.........d..: fo b mu~g1
J
warranty, any other warranties express or implied, and any other consumer rights, Deleted
shall inure to the benefit of the City only and are not made for the benefit of any Deleted: s
party other than the City. ' Deleted: .
G Formatted ' [94]
All work not conforming to these requirements, including but not limited to unapproved
Deleted:
substitutions, may be considered defective.
Formatted 951
This warranty is in addition to any rights or warranties expressed or implied by law. Formatted 96
Deleted: Ogce..~9~
Where more than a one (1) year warranty is specified in the applicable plans, Formatted: Bullets
specifications, or submittals for individual products, work, or materials, the longer and Numbering 9~
warranty shall govern. Formatted
99
This warranty obligation shall be covered by any performance or payment bonds tendered Formatted 100
in compliance with this (_3rdniar ce. Formatted
- r_._..___ _ ]0]
Deleted: Agreement
Jan. 04 revisions "O"JANE,"PARKLAND"2004 Parkland Ord"
Defective Work Discovered During Warranty Period. If any of the work is found or Deleted: <#>The I
determined to be either defective, including obvious defects, or otherwise not in subdivider shall post
accordance with this ordinance, the designs, plans, drawings or specifications within one another financial
guarantee in the
(1) year after the date of the issuance of a certificate of Final Completion of the work or a 1 amount equal to 25% j
designated portion thereof, whichever is longer, or within one (1) year after acceptance by of the original bond
the City of designated equipment, or within such longer period of time as may be foraperiodofone
Y year to cover the
prescribed by law or by the terms of any applicable special warranty required by this ; warranty period. I
ordinance, Developer shall promptly correct the defective work at no cost to the City.
I
During the applicable warranty period and after receipt of written notice from the City to
begin corrective work, Developer shall promptly begin the corrective work. The
obligation to correct any defective work shall be enforceable under this code of
ordinances. The guarantee to correct the defective work shall not constitute the exclusive Inserted: <#>The
subdivider shall post
remedy of the City, nor shall other remedies be limited to the terms of either the warranty another financial
or the guarantee. guarantee in the
amount equal to 25%
of the original bond
If within twenty (20) calendar days after the City has notified Developer of a defect, fora period 102] 1
failure, or abnormality in the work, Developer has not started to make the necessary Formatted:
corrections or adjustments, the City is hereby authorized to make the corrections or Highlight
adjustments, or to order the work to be done by a third party. The cost of the work shall Deleted: once
be paid by Developer. improvemeryts az 103
_ r lg_
Inserted: Director
The cost of all materials, parts, labor, transportation, supervision, special instruments, and ofPARD shall
supplies required for the replacement or repair of parts and for correction of defects shall I Deleted: give
be aid b Developer, its contractors, or subcontractors orb the surety. i written appr¢vai X141.1
Inserted: give
The guarantee shall be extended to cover all repairs and replacements furnished, and the written apprpval 65
term of the guarantee for each repair or replacement shall be one (1) year after the Formatted:
installation or completion. The one (l) year warranty shall cover all work, equipment, Highlight
and materials that are part of the improvements made under this section of the ordinance. Deleted: At the end
of one year, t
_
1 Deleted: Director of
1'he_City Manager or his designee shall iele so the Jinancial guarantee provided all ~PARD
warranty work has been completed and accepted by the City.
Deleted: maybe
Ihi City tnav draw diiyvtt ort the financial ~'tiaiant.ee provided under Chapter 9. Section 7 ;released
Deleted: if any an
l [?-ti lug) r _til ti?corzt_L Lcw tl~e improvements rDeleted: d all f
I)cvc[opcr_i'ails to coiripEc:tc any 4varianty work Deleted: developer
3. Developer Fails to dedicate the land _t on %0ich the iniprpti_ements are ccrosiructed shall deed tty 106
P, t = lotto ~ha_I(_(se l _t(}le_t tt am,, deiiciericv_hct~vecn the ainowit of t}tc guuarantcc and the Deleted: ¶ [107] I
f a;ompletiori of iii rvn Of improvements or the amount ul_ tnti_tia nrantr_ Deleted: lo-
tt c7 h.~ B.6 . The dedicaf( ~8]
Deleted: decide to
Deleted: shall have
10-13.7 The City may from time to time acquire land _for parks in or near the area of actual or the right to J
potential development. If the City does acquire park land in a park zone, the City may r "
Deleted:
,require subsequent parkland dedications for that zone to be in cash only. This will be to
reimburse the City4gE thy: u)st of Ut isition. Once the City has been reimbursed entirely -i Deleted its
for all such park land within a park zone, this subsection shall cease to apply, and the r
other subsections of this section shall again be applicable. Deleted: purchase
i
cost
I O-C Prior Dedication: Absence of Prior Dedication Formatted:
Highlight
Jan. 04 revisions "O"JAM:"PARKLAND"2004 Parkland Ord"
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 structures
constructed upon property is greater than the former assumed density. Additional dedica-
tion 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund; Right to Refund
10-D.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
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 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 prorata refund 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.
IO-E Comprehensive Plan Considerations
10-E.1 The Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its
4.,yu>n1!!Iend Lions. Because of the need to consider specific characteristics in the site - Deleted: decisions
selection process, the park locations indicated on the Plan are general. The actual
locations, sizes, and number of parks will be determined when development occurs. The
Plan will also be used to locate desirable park sites before development occurs, and those
sites may be4 ccL iti d by the City or received as donations. `Deleted: purchased
10-E.2 Park Zones are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are established that follow key topographic features such as major
thoroughfares, streams, and city limit lines.
10-F Additional Requirements; Definitions
10-F.I Any land dedicated to the city under this section must be suitable for park and recreation
uses 11. l ami -i, dic a€,ed.. ' dedic at d. in feet. Jnmle;,, h L. kaacr tl, warr~nt~ i,id
also be d picled_on anti_pr elim;mIc\ .ind_ final pl it _I he dedicationshall be f rec i_j_c.lear
of ant.and all lic.m and_~ that mtert;~rc Nvith its itsc.IJ r p irl..puipon_,.. Flic:
t._ct t~1'ana<cr or...his.dc-ir ~iet_crmin<..._~%hethct....aw, CrICUm.hrance. in,Icri iy with
I _k use. .,Mnerals _nim Lcl hom the 4onve}_:ance proLi_ded that there rs_ti
a' tc,. tiG ker of t' dl m4icr a.l o~sncrs and lessees _ 1 current title
11111S * I._t, provr - E3*~i lh,, ~'.....::'._c..ituan.-- [hc.plopcl.t~ o%4ncr.4hallpav. all ad. - ! Deleted:.
acce ptance_ol' the -
i_ Ilo . i... tax or_asscs Inerats o~~ed on the a1'01) rtW_Lit) to the late of acceptance ol'
_aiion hv ah_e citv..1 cCrtrtic atcfiom flies 13 v~„ County "I ax Assessor shall be De Deleted
Deleted:
subrau ?cd ~ash the 11C~iiartirr. ~
Consideration will be given to land that is in the floodplain or may be considered- Formatted: Indent:
"floodable" even though not in a federally regulated floodplain as long as, due to its First line: 0"
elevation, it is suitable for park improvements.
Jan. 04 revisions "O"JANE"PARKI.AND"2004 Parkland Ord"
(a) Neighborhood park sites should be adjacent to residential areas in a manner that
serves the greatest number of users.
(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 would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City
R_1 tnaL,er_o hi,, de,ig ti?_yand must meet specific parks specifications. Deleted: staff
10-F.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where feasible, park sites should be located adjacent to greenways and/or
schools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-residential use must directly abut a park, the use must be separated
by a screening wall or fence and landscaping. =I ate Planning and _Zoning ; Deleted: Access
Commission ma ' require more than one <icces~ ,roint' af_ pubhc_ benefit is points to the park may
established. be allowed by t
(d) It is desirable that a minimum of fifty percent (50%) of the perimeter of a park Formatted:
should abut a public street. In all cases, the City shall approve the proposed Highlight
street alignment fronting on city parks. Formatted:
Highlight
(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 Formatted:
residential street built adjacent to a park to be constructed to collector width to Highlight
ensure access and prevent traffic congestion. Developer may request oversize
participation in such instance.
Deleted: Developme
nt means¶
10-G. Consideration and Approval
Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board or the ity Deleted: Director of 1
hlanagc.t_or h,is.._._desivn c......as nrovtdedh.erei.!,k and a recommendation given to the PARD i J
Commission. The Commission may make a decision contrary to such recommendations
only by a concurring vote of at least five (5) members. Deleted:
Deleted: above
10-H. Review of Dedication Requirements
Inserted: above,
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 acquis_it,ion._and park development costs
as well as the City's targeted level of service for parkland per one thousand population.
Fees shall be set by resolution of the City Council.
Ian. 04 revisions "O"JANE"PARKL,AND"2004 Parkland Ord"
Page 1: [1] Formatted City User 2/17/2004 12:03 PM
Small caps
.
...................9
Page 1: [2 Deleted City User 2/17/2004 10:56 AM
numbers as proposed
Page 1: [3] Inserted jkee 6/23/2003 10:45 AM
numbers as proposed for the entire development. Increases
Page 1: [4] Formatted City User 2/17/2004 10:01 AM
Highlight
Page 1: [5] Deleted City User 2/17/2004 10:10 AM
appropriate increases
Page 1: [6] Inserted jkee 7/16/2003 11:45 AM
appropriate increases
Page 1: [7] Deleted City User 2/17/2004 10:56 AM
completed
Page 1: [7] Deleted City User 2/17/2004 10:56 AM
figure upon which the
Page 1: [7] Deleted City User 2/17/2004 10:16 AM
dedication was based, such
Page 1: [8] Inserted jkee 1/12/2004 10:38 AM
dedication was based, such additional
Page 1: [9] Deleted City User 2/17/2004 10:57 AM
dedication s
Page 1: [10] Inserted jkee 1/12/2004 10:38 AM
dedication s
Page 1: [11] Deleted City User 2/17/2004 10:57 AM
required, and shall be made by payment of the cash in lieu of land as per 10.B.1, or by the
conveyance of an entire numbered lot to the City.
Page 1: [12] Inserted jkee 1112/2004 10:38 AM
required, and shall be made by payment of the cash in lieu of land as per 10.B.1, or by the
conveyance of an entire numbered lot to the City.
Page 1: [13] Formatted City User 2/17/2004 11:03 AM
Font: Not Italic
Page 1: [14] Formatted rnemcik 3/25/2004 11:28 AM
Indent: Left: 0.5", First line: 0"
Page 1: [15] Formatted City User 2/17/2004 11:04 AM
Highlight
Page 1: [16] Inserted jkee 7/16/2003 11:15 AM
prior to the filing of any final plats for single family, duplex or townhouse
development
Page 1: [17] Change City User 2/17/2004 11:43 AM
Formatted Bullets and Numbering
Page 1: [18] Formatted City User 2/17/2004 11:05 AM
Highlight
Page 1: [19] Inserted City User 2/17/2004 10:52 AM
is Code of Ordinancesor the fee paid
Page 1: [20] Deleted rnemcik 3/25/2004 11:30 AM
or the fee paid
Page 1: [21] Deleted City User 2/17/2004 10:52 AM
is dedication shall be met prior to the issuance of
Page 1: [21] Deleted City User 2/17/2004 11:02 AM
Page 1: [22] Deleted jkee 6/3/2003 1:34 PM
Any proposed plat submitted to the City for approval shall show the area
proposed to be dedicated under this section.
Page 1: [23] Deleted City User 2/17/2004 10:50 AM
The required land dedication of this subsection may be met by a
Page 1: [23] Deleted City User 2/17/2004 10:49 AM
Page 1: [23] Deleted City User 2/17/2004 10:49 AM
Page 1: [23] Deleted City User 2/17/2004 10:51 AM
by the other provisions of this section
Page 1: [24] Deleted City User 2/17/2004 11:43 AM
, unless approval has been previously granted for phasing of this dedication.
Page 1: [25] Inserted jkee 7/16/2003 11:14 AM
, unless approval has been previously granted for phasing of this dedication.
Page 1: [26] Formatted City User 2/17/2004 11:43 AM
Indent: Left: I"
Page 1: [27] Formatted rnemcik 3/25/2004 11:30 AM
Indent: Left: 0", Hanging: 0.5"
Page 1: [28] Deleted rnemcik 3/25/200411:30 AM
Dedications for multi-family development or development where parkland was neither
previously dedicated nor payment made with the filing of a plat,
_
Page 1: [29] Inserted City User 2/17/2004 10:14 AM
Dedications for in
Page 1: [30] Inserted jkee 1/12/2004 10:38 AM
ulti-family development or development where parkland was neither previously
dedicated nor payment made with the filing of a plat the additional dedication or
payment in lieu of land required by this section shad be made at the time of the
building permit application.
Page 1: [31] Formatted City User 2/17/2004 10:15 AM
Highlight
Page 1: [32] Deleted rnemcik 3/25/2004 11:30 AM
the additional dedication or payment in lieu of land required by this section
.
Page 1: [33] Deleted rnemcik 3/25/2004 11:30 AM
shall be made at the time of the building permit application.
Page 1: [34] Deleted jkee 6/3/2003 1:31 PM
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
F anning and zoning regulations of the City, such plat shall contain a clear
ee simple dedication of an area of land to the City for park purposes.
Page 1: [35] Deleted City User 2/17/2004 10:45 AM
and
Paged: [35] Deleted - - City User -J 2/17/2004 10:47 AM
proposed
Page 2: [36] Deleted City User 2/17/2004 10:35 AM
and
Page 2: [36] Deleted City User 2/17/2004 10:47 AM
proposed
Page 2: [36] Deleted City User 2/17/2004 11:01 AM
For methodology re~er to Appendix 1 attached herein and incorporated
and made apart of t is ordinance for all purposes.
Page 2: [37] Formatted City User 2/17/2004 10:46 AM
Font: Not Italic
_
Page 2: [38] Deleted rnemcik 3/25/2004 11:28 AM
Deferred Dedication of Parkland
Upon a written request and submission of a proposed plan,
Page 2: [39] Deleted rnemcik 3/25/2004 8:25 AM
the Parks Board may consider and recommend to the Planning and Zoning Commission
that parkland be in acreage amounts in proportion to the phases
Page 2: [40] Inserted jkee 6/3/2003 1:37 PM
he Parks Board may
.
Page 2: [41] Deleted rnemcik 3/25/2004 8:25 AM
and dedicated with each phase of a development at the time of final plat. This amount of
the parkland
Page 2: [42] Inserted jkee 6/10/2003 9:51 AM
recommend
Page 2: [43] Deleted rnemcik 3/25/2004 8:25 A
development
Page 2: [44] Deleted rnemcik 3/25/2004 8:25 AM
such that the parkland may be dedicated in pieces
Page 2: [45] Inserted jkee 6/10/2003 10:35 AM
final plat. This
Page 2: [46] Inserted City User 2/27/2004 3:04 PM
and dedicated
I--.....................
Page 2: [47] Deleted rnemcik 3/25/2004 8:25 AM
so indicated
. .
Page 2: [48] Deleted rnemcik 3/25/2004 8:25 AM
the preliminary plat.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 2: [49] Deleted rnemcik 3/25/2004 8:25 AM
in an amount equal to
Page 2: [50] Deleted rnemcik 3/25/2004 8:25 AM
and approved by the Planning & Zoning Commission. In the event that phasing of the
required parkland is approved
Page 2. [51] Deleted rnemcik 3/25/2004 8:25 AM
Upon approval,
Page 2: [52] Inserted City User 2/17/2004 11:35 AM
Upon approval
Page 2: [53] Inserted jkee 6/10/2003 9:51 AM
there shall be
. _ -
Page 2: [54] Deleted rnemcik 3/25/2004 8:25 AM
there shall be
Page 2: [55] Deleted rnemcik 3/25/2004 8:25 AM
the property owner shall post a financial
Page 2: [56] Deleted rnemcik 3/25/2004 8:25 A
the land dedication fee for the
Page remaining 2: ng [57] Deleted rnemcik 325/2004 8:25 balance of
.
Page 2: [58] Deleted rnemcik 3/25/2004 8:25 AM
portions not
_ ...........'.-11-.---- .
Page 2: [59] Deleted rnemcik 3/25/2004 8:25 AM
the dedication requirement
Page 2: [60] Deleted rnemcik 3/25/2004 8:25
yet dedicated
Page 2: [61] Inserted jkee 6/3/2003 1:32 PM
Page 2: [62] Inserted City User 2/27/2004 2:56 PM
Deferred Dedication of Parkland
Page 2: [62] Inserted City User 2/17/2004 11:55 AM
Upon a written request and submission of a proposed plan,
Page 2: [63] Inserted City User 2/27/2004 3:03 PM
consider and
Page 2: [64] Inserted City User 2/17/2004 11:34 AM
to the Planning and Zoning Commission that parkland be in acreage amounts in
proportion to the phases
Page 2: [65] Inserted jkee 6/3/2003 1:37 PM
phasing of a residential development such that the parkland may be dedicated in pieces
Page 2: [66] Inserted City User _ 2/17/2004 11:28 AM
phase of a development at the time of
Page 2: [67] Inserted City User 2/17/2004 11:34 AM
amount of the parkland
Page 2: [68] Inserted jkee 6/3/2003 1:39 PM
phasing shall be so indicated
Page 2: [69] Inserted jkee 6/3/2003 1:39 PM
preliminary plat
Page 2: [70] Inserted jkee 8/25/2003 11:24 AM
and approved by the Planning & Zoning Commission. In the event that phasing of the
required parkland is approved
Page 2: [71] Inserted City User 2/17/2004 11:36 AM
the property owner shall post a financial
Page 2: [72] Inserted jkee 6/10/2003 9:53 AM
a guarantee posted
Page 2: [73] Inserted City User 2/17/2004 11:36 AM
in an amount equal to
Page 2: [74] Inserted jkee 6/10/2003 9:53 AM
to cover the land dedication fee for th
Page 2: [75] Inserted City User 2/17/2004 11:37 AM
remaining balance of
Page 2: [76] Inserted jkee 6/10/2003 9:53 AM
portions not
Page 2: [77] Inserted City User 2/17/2004 11:37 AM
the dedication requirement
Page 3: [78] Inserted jkee 6/3/2003 2:32 PM
as per criteria established in the Manual of Neighborhood Park
Improvement Standards
Page 3: [79] Deleted rnemcik 3/30/2004 10:17 AM
as adopted and amended from time to time..
Page 3: [80] Inserted jkee 1/12/2004 10:26 AM
as adopted and amended from time to time..
_
Page 3. [81] Deleted rnemcik 3/25/2004 8:42 AM
In all cases t
Page 3: [82] Inserted jkee 10/22/2003 4:40 PM
In all cases t
Page 3: [83] Formatted rnemcik 3/2/2004 1:06 PM
Highlight
Page 3: [84] Formatted rnemcik 3/2/2004 1:06 PM
Highlight
Page 3: [85] Inserted jkee 10/22/2003 4:40 PM
value of the improvements shall meet or exceed the amount of the required
park development fee
Page 3: [86] Formatted rnemcik 3/2/2004 1:06 PM
Highlight
_ -
Page 3: [87] Deleted rnemcik 3/25/2004 8:42 AM
amount of the
Page 3: [88] Deleted rnemcik 3/25/2004 8:43 AM
All improvements
Page 3: [89] Deleted jkee 6/3/2003 2:30 PM
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
Page 3: [90] Formatted rnemcik 3/2/2004 1:07 PM
Highlight
.
Page 3: [91] Deleted rnemcik 3/25/2004 8:45 AM
prior to the filing of any final plats for single family, duplex or townhouse
development or prior to any
Page 3: [92] Inserted jkee 6/3/2003 2:36 PM
prior to the filing of any final plats for single family, duplex or townhouse
development or prior to any
Page 3: [93] Deleted rnemcik 3/2/2004 1:07 PM
for multi-family development
Page 3: [94] Formatted rnemcik 3/2/2004 1:08 PM
Highlight
Page 3: [95] Formatted City User 2/27/2004 3:59 PM
Highlight
Page 3: [96] Formatted City User 2/27/2004 4:00 PM
Highlight
Page 3: [97] Deleted jkee 11/7/2003 3:07 PM
Once improvements are accepted by the City the
Page 3: [98] Change jkee 12/22/2003 3:05 PM
Formatted Bullets and Numbering
Page 3: [99] Formatted City User 2/27/2004 4:00 PM
Highlight
Page 3: [100] Formatted City User 2/27/2004 4:00 PM
Highlight
Page 3: [101] Formatted City User 2/27/2004 4:00 PM
Highlight
Page 4: [102] Inserted jkee 10/22/2003 4:45 PM
The subdivider shall post another financial guarantee in the amount equal to 25% of
the original bond for a period of one year to cover the warranty period.
Once improvements are accepted by the City, the City shall take over ownership and maintenance of
said improvements. At the end of one year, t
.
Page 4: [103] Deleted rnemcik 3/30/2004 10:23 AM
Once improvements are accepted by the City, the City shall take over ownership and maintenance of
said improvements.
Page 4: [104] Deleted rnemcik 3/2/2004 1:09 PM
give written approval that the Tina
Page 4: [105] Inserted jkee 10/22/2003 4:46 PM
give written approval that the fina
Page 4: [106] Deleted jkee 6/3/2003 2:32 PM
developer shall deed the property and improvements to the City.
Page 4: [107] Deleted jkee 10/22/2003 4:49 PM
10-13.5 In instances where an area of less than five (5) acres is required to be
dedicated, the Planning and Zoning Commission shall have the right to
accept the dedication for approval on the final plat, or to refuse same, after
consideration of the recommendation of the Parks and Recreation
Advisory Board. The City shall have the right to require payment of cash
in lieu of land in the amount provided above, if it determines that
sufficient park area is already in the public domain in the area of the
proposed development, or if the recreation potential for that zone would be
better served by expanding or improving existing parks.
Page 4: [108] Deleted jkee 12/22/2003 3:07 PM
10-13.6 The dedication required by 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 shall be made by payment of the cash in lieu of land amount
rrovidec above, or by the conveyance of an entire numbered lot to the
ity. For multi-family development or development where parkland was
neither previously dedicated not payment made with the filing of a plat,
the additional dedication or payment in lieu of land required by this
section shall be made at the time of the building permit application.
Jane Kee Re: parkland ord. - Page 1
From: Roxanne Nemcik
To: Kee, Jane
Date: 1/20/2004 9:42:19 AM
Subject: Re: parkland ord.
Jane,
Have not been able to get back to reviewing your comments and responding as I have been working on
Kim's economic development item and have a very short timeline. As soon as I can see my way clear with
her item I will get back to yours.
Jane Kee 1/12/2004 10:08:35 AM
Thanks for the review. To keep some order here my responses are in bold.
I returned the ordinance to you on September 3rd and just received from you for review again on January
6th. Since you are taking this to the Parks Board on Tuesday, I don't have much time to give it an in-depth
review. However, the following are my comments on the ordinance revision a written:
Section 10.6.4 and Section 10.8.2
Section 10.8.2. authorizes the parks director to require payment of cash in lie of land. In order to delegate
this authority to the Parks Director you have to have clear and specific standards under which he may
exercise this authority. The criteria you have inserted are too broad.
We are using the same criteria the Board has always used and uses today to decide whether to
accept cash in lieu.(Section 10.B.5). Also Section 10.E.1 & 2 reference comp plan considerations.
This is the guide for whether they need additional land or not.
Second, the Parks and Recreation Board is advisory only. Therefore, they can make no final decisions on
any matter. Consequently, the board does not have the authority to approve the Parks Director decicision.
Ultimately any plat calling for less than 5 acres of parkland will either be a minor plat approved by
staff or a plat going to the P&Z for approval. I will change the word where the Driector may
forward it to the Board for "recommendation" rather then consideration. Then the Board is
technically making a recommendation either to the development services staff authorized to
approve minor plats or to the P&Z.
The other option is to place these items on the Board's consent agenda. This doesn't accomplish
the goal though which was to streamline these small development dedications kind of like we do
with minor plats.
Third, there is no criteria specifying when and under what circumstances the Parks Director forwards his
decision for final consideration, which would have to be to the P&Z.
We can put something together for this.
With the revision of the UDO and other code sections, the City Manager has had a preference for inserting
the City Manager or his designee for approvals of any kind in the ordinance. Therefore, I would suggest
that you speak with the City Manager's Office to determine whether he would like the Parks Director in the
ordinance or the City Manager or his designee.
This language is a duplicate of what is in the guarantee of performance section in the current
regulations. The City Engineer determines if the performance guarantee for infrastructure is
sufficient. In this case, because we are talking about playgroud and other park improvments we
Jane Kee - Re: parkland ord__ Page 2
put the Director of PARD. How about if we say the City Manager or his designee. I'll make that
change.
Section 10. B.4 is insufficient to cover the guarantee section. It should be rewritten. I can help you do this
if you explain what you want regarding the guarantee.
Please explain why it is insufficient since it references Section 7 which is the section we use for all
infrastructure guarantees.
The criteria for acceptance of the approval should be established in some standards either in this
ordinance or in another published technical manual that is referenced.
The criteria for acceptance will be in a technical manual developed by Parks. It will be called
Neighborhood Park Development Standards. I will reference it in this section.
Additionally, I would suggest while you are revising the ordinance that the staff consider adding standards
for the acceptance of parkland and include some provisions regarding the state of title that the City will
accept. Also, that the Parks Director has the authority to request any documents to verify the state of title.
Steve nor I understand what you are getting at here. I recall you talking about getting bills for
taxes when we accept land in the middle of a year or something. Is this the issue? If it is, please
just write what you think we need and I'll insert it.
We will keep this on the Parks Board agenda for Tuesday for their discussion. This is just their
initial discussion. There will likely be another meeting for consideration. Even if they are happy
with this as it is, the next step is to P&Z. Thanks again for your review.
Jane Kee, AICP
City Planner
City of College Station
College Station, Tx. 77845
(979)764-3570
FAX (979)764-3496
College Station. Embracing the Past, Exploring the Future.
CC: Beachy, Steve; Glenn Brown; Harvey Cargill; Kelly Templin; Ploeger, Ric; Ruiz,
Natalie; Templin, Kelly; Tom Brymer
Susan Hazlett - parkland ord. Page 1
From: Jane Kee
To: Susan Hazlett
Date: 2/11/2004 3:48:46 PM
Subject: parkland ord.
attachments are: a clean copy of the parkland ord. revisions and a redlined copy. Also included are 2
minor changes to the subdivision regs that are also redlined. These are for the 3-4 P8Z. Print the
redlined ones on the color printer obviously.
I'll return the folder to you. These are not in HTE. Once we get thru P8Z we can place the cleaned up
versions in HTE.
I'll review the ads when you have them ready - although there is no hearing for P&Z requried. See what
Nat wants to do. Thanks
Also attached is the actual ordinance including everything. It's already on the legal review folder and has
been sent to Rox.
Jane Kee, AICP
City Planner
City of College Station
College Station, Tx. 77845
(979)764-3570
FAX (979)764-3496
jkee@cstx.gov
College Station. Embracing the Past, Exploring the Future.
CC: Bridgette George; Natalie Ruiz
~l
All.
y0~ .
J LdAA
`W, The G ogle Cole Station, Texas
Embracing the Past, Exploring the Future.
P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 (979) 764-3500
www.ci.college-station.tx.us
MEMORANDUM
DATE: February 11, 2004
TO: Planning & Zoning Commission
FROM: Jane R. Kee, City Planner
RE: Proposed Revisions to Chapter 9, "Subdivision Regulations", Section 10,
"Parkland Dedication Ordinance" and some Subdivision Ordinance
housekeeping items
Although the 3-year review of the parkland ordinance is not due until January 2005, this
amendment is being brought forward to address some current issues. Below is a summary of the
proposed changes.
1. Developers have expressed interest from time to time in installing park improvements
themselves rather than waiting for the City to do so. Current regulations do not provide for
this to occur when parkland has already been dedicated to the City. This amendment
addresses that.
2. Current regulations do not allow for phasing of parkland dedications. Typically staff requires
the dedication with the first phase of any development. This amendment will provide for the
phasing of the required land dedication to be considered by the Board and the Commission.
In this event provisions are made for providing monetary guarantees for future phased
dedications.
3. Changes to the process for "Fee in Lieu" considerations:
Currently all parkland dedications go to the Board, even ones where very small amounts
of land are required. This amendment allows for the Board to consider anything 3 acres
or more OR any development with floodplain or greenway and make recommendation to
the Commission.
The amendment further allows for the Director or his designee to decide on required
dedications of less than 3 acres where there is no floodplain or greenway involved and
forward to Development Services for review of the plat or site plan.
4. Developer improved parkland requirements:
• Plans must be approved by the Board
• Value of improvements must meet or exceed the development fee
Improvements shall be guaranteed prior to any final platting
Improvements shall be complete within 2 years
Board may allow up to one 12-month extension
Home of Texas A&M University
s One-year warranty period with a bond is required
The housekeeping items include deleting a paragraph that references PDDs which is no longer
applicable since the UDO. The other item provides for P&Z to hear variance requests for
sidewalks rather then these being heard by the City Council. This should have been removed
when the platting process was changed several years ago.
I d ~ra~
SECTION 10: REQUIREMENTS FOR PARK LAND DEDICATION f"
10-A. Purpose
10-A.1 This section is adopted to provide recreational areas in the form i
a function of subdivision and site development in the City of
section is enacted in accordance with the home rule powers
Station, granted under the Texas Constitution, and the statutes
including, but not by way of limitation, Texas Local Gov't Codt
1988; Vernon Supp. 1999). It is hereby declared by the City Cc ~ccreational
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 requirement into
the procedure for planning and developing property or subdivisions in the city, whether
such development consists of new construction on vacant land or rebuilding 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 served thereby. The park zones established by the Parks and Recreation Department
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 such facilities.
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes:
10-B General Requirement
The City Manager or his designee shall administer this Section 10, Requirements for Parkland
Dedication.
Dedications shall cover both land and development costs for neighborhood parkland for all types
of residential development. Dedications shall be based on dwelling unit numbers as proposed for
the entire development Increases in unit count will require appropriate increases in fees paid 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 shall be made by payment
of the cash in lieu of land as per 10 B 1 or by the conveyance of an entire numbered lot to the
City. For multi-family development or development where parkland was neither previously
dedicated nor payment made with the filing of a plat the additional dedication or payment to lieu
of land required by this section shall be made at the time of the building permit application.
10-B-1 Land Dedication
.Any and all parkland required to meet the dedication under this section shall be dedicated Deleted: whenever a final plat is filed
in fee simple by a final plat. For single_ family developments the area of land to be _ of record with the County Clerk of
dedicated for parkland purposes Shall be_equal.to_on_e_(I) acre for each one_hundred _and_;. Brazos County for development of a
his residential area in accordance with the
one (101) proposed dwelling units. For duplex and other multi-family development this-
area shall be equal to one (1) acre for each one hundred and twenty-five (125) proposed planning and zoning regulations of the
dwelling units. For methodology refer to Appendix / attached herein and incorporated City, such plat shall contain a clear fee
and made a part of this Ordinance for all purposes. simple dedication of an area of land to the
City for park purposes.
The required _land _dedication _ of this subsection may be met by_a payment of_money _in Deleted:
lieu of land when permitted or required by the other provisions of this section.
Deleted: is area
In the event a plat is not required this dedication shall be met prior to the issuance of a Deleted: Any proposed plat submined
building permit. to the City for approval shall show the
area proposed to be dedicated under this
Timing/Phasing section.
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
The full parkland dedication shall be made prior to the filing of any final plats for single
family, duplex or townhouse development or prior to the issuance of any building permits
for multi-family development unless approval has been previously granted for phasing of
this dedication.
The Parks Board may recommend phasing of a residential development such that the
parkland may be dedicated in pieces with each final plat This phasing shall be so
indicated on a preliminary plat and approved by the Planning & Zoning Commission. In
the event that phasing of the required parkland is improved there shall be a guarantee
posted to cover the land dedication fee for those portions not yet dedicated. This
guarantee shall be posted prior to the filing of any final plat for single family, duplex or
townhouse development or prior to issuance of any building permits for multi-family
development In the event that a development is discontinued before all phases are
complete the Parks Board shall decide how to spend any guaranteed funds in that
particular park zone if these funds are not requested back as per Section 10-D-2 below.
This does not relieve any future developer of the obligation for parkland dedication on
any remainder of the property.
10-13.2 Fee in Lieu of Land
A landowner responsible for dedication under this section may elect to meet the
requirements of 10-B. I. in whole or in part by a cash payment in lieu of land, in the
amount set forth below. Before making this election, for any required dedication of
three_(3) acres or more or for any development containing floodplain or greenwav, the
land owner must obtain a recommendation from the Parks and Recreation Adivsory
Board and approval for the cash payment in lieu of land from the Planning & Zoning
Commission pursuant to the plat approval procedures set out i Article 3.3 of the Unified Deleted:
Development Ordinance__ Such-payment _ in lieu_of land shall _be-made a_t or prior to.the_- _
time of filing the final plat for record at the Courthouse or prior to the issuance of a Deleted: Chapter 9, section 6
building permit where a plat is not required. For required dedications of less than three
(3) acres in proposed developments containing no floodplain or reg enway, the fee in lieu
request will be approved by the Director of Parks and Recreation or his designee. This
determination shall be based on whether there is sufficient park area already in the public
domain in the park zone of the proposed development If the Director determines the
recreation potential for that zone would be better served by expanding or improving
existing parks then rather than approving the fee in lieu he shall refer the matter to the
Board for determination..... _ - - - - - Deleted:¶
The fee in lieu of land dedication requirement shall be met by a payment of a fee set from
time to time by resolution by the City Council, sufficient to acquire neighborhood
parkland. Unless changed by the City Council, such per-acre price shall be computed on
the basis of one hundred and ninety-eight dollars ($198) per dwelling unit for single
family development and one hundred and sixty dollars ($160) per dwelling unit for
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.
10-13.3 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 meet
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 „ fifty-eight. dollars __($358)-per-dwelling _ unit for single- family Deleted:
developments and two hundred and ninety-two ($292) for duplex and multi-family
developments. This fee shall be paid with each final plat submitted for single family,
duplex or townhouse development or with the building permit for multi-family
development. Refer to Appendix 1. Cash payments may be used only for development or
acquisition of a neighborhood park located within the same zone as the development.
10-13.4 Park Development Option 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 and Recreation Advisory Board as per criteria established in the
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
Manual of Neighborhood Park Improvement Standards as adopted and amended from
time to time Jn all cases the value of the improvements shall meet or exceed the amount Deleted:.
of the required lark development fee. All improvements shall, be financially _guaranteed<_,-
in an amount equal to the required development fee This guarantee shall be filed prior to _ Deleted: either
the filing of any final plats for single family, duplex or townhouse development or prior Deleted: or accepted by the City prior
to any building permits for multi-family development. The process of financial guarantee to the filing ofa plat in the case of platted
shall be the same as that found in SSection 7-of -the -Sub_division,Regulations andshall be developments or prior to issuance of
used whether a plat is required or not, certificates of occupancy in the event that
platting is not required
Improvements must be complete within 2 years from the date of the guarantee or upon
completion of the development whichever occurs first. One extension of up to twelve Deleted: s
(12) months may be granted upon formal request to the Parks and Recreation Advisory Deleted:
Board.'
Deleted' Once imp rovements are
Prior to release of any financial guarantee, the following must occur: accepted by the City the
I . Improvements must have been accepted by the City, ' - - Formatted: Bullets and Numbering
2 All park property shall have been dedicated to the City.
3 The subdivider shall provide a written guarantee of warranty as per Section 7-F., and
4 The subdivider shall post another financial guarantee in the amount equal to 25% of
the original bond for a period of one year to cover the warranty period.
Once improvements are accepted by the City, the City shall take over ownership and
maintenance of said improvements. At the end of one year, the Director of PARD shall
give written approval that the financial guarantee may be released if any and all warranty
work has been completed.. Deleted: developer shall deed the
property and improvements to the City.
Deleted: ¶ (11
10-13.7 The City may from time to time decide to purchase land for parks in or near the area of Deleted: 10-8.6 The dedication
actual or potential development. If the City does purchase park land in a park zone, the required by this section shall be made by
City shall have the right to require subsequent park land dedications for that zone to be in filing of the final plat or
cash only. This will be to reimburse the City its purchase cost. Once the City has been contemporaneously by separate in-
reimbursed entirely for all such park land within a park zone, this subsection shall cease strument unless additional dedication is
to apply, and the other subsections of this section shall again be applicable. required subsequent to the filing of the
final plat. If the actual number of
10-C Prior Dedication; Absence of Prior Dedication completed dwelling units exceeds the
figure upon which the original dedication
was based,
10-C.I Credit shall be given for land and/or money dedicated pursuant to Ordinance 690 or 983. such additional dedication
Y shall be required, and shall be made by
payment of the cash in lieu of land
10-C2 If a dedication requirement arose prior to passage of this section, that dedication amount provided above, or by the
requirement shall be controlled by the ordinance in effect at the time such obligation conveyance of an entire numbered lot to
arose, except that additional dedication shall be required if the actual density of structures the City. For multi-family development
constructed upon property is greater than the former assumed density. Additional dedica- or development where parkland was
tion shall be required only for the increase in density and shall be based upon the ratio set neither previously dedicated not payment
forth in 10-B. of this section. made with the filing of a plat, the
additional dedication or payment in lieu
10-C.3 At the discretion of the Planning & Zoning Commission , any former gift of land to the of land required by this section shall be
City may be credited on a per acre basis toward eventual land dedication requirements made at the time of the building permit
imposed on the donor of such lands. The Planning and Zoning Commission shall application.¶
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund; Right to Refund
10-D.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
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 funds
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
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 refund 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.I The Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its
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 parks 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 are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are established that follow key topographic features such as major
thoroughfares, streams, and city limit lines.
10-F Additional Requirements; Definitions
10-F.I Any land dedicated to the city under this section must be suitable for park and recreation
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.
(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 would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City staff
and must meet specific parks specifications.
10-F.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where feasible, park sites should be located adjacent to greenways and/or
schools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-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.
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
(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
Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board or the Director of
PARD as provided above, and a recommendation given to the Commission. The
Commission may make a decision contrary to such recommendations only by a con-
curring vote of at least five (5) members.
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 one thousand population. Fees shall
be set by resolution of the City Council.
Jan. 04 revisions " O" JANE"PARKLAND"2004 Parkland Ord"
ORDINANCE NO. Page 7
EXHIBIT "B"
That Chapter 9, "Subdivisions", Sections 1 A, "Function of Planning and Zoning Commission",
and 8-M.6, "Sidewalks' of the Code of Ordinances of the City of College Station, Texas, are
hereby amended, as set out hereafter to read as follows:
SECTION IA: FUNCTION OF PLANNING AND ZONING COMMISSION
In accordance with the authority granted by applicable statutes, ordinances, and regulations, the
commission shall approve or disapprove plats, subdivisions, and repplats of land within the
corporate limits and extraterritorial jurisdiction of the City. If a plat conforms to this article, state
law, and all other rules and regulations pertaining to the platting of land, the commission shall
endorse its approval upon the plat.
(Ordinance No. 2179 of May 9, 1996)
e Deleted: If the subject property has
SECTION 8-M Sidewalks been rezoned to PDD Planned
Development District, the City Council
may approve general modifications to the
8-M.6 Exceptions to or partial waiver of the requirements of 8-M.1. may be granted by the, subdivision standards. The general
Planning and Zoning Commission and when it has been determined that satisfactory modifications shall be indicated in the
alternative pedestrian ways or pedestrian/bikeways have been or will be provided ordinance that rezones the property. The
outside the normal right-of-way; or that unique circumstances or unusual topographic, City Planning Staff shall determine the
vegetative, or other natural conditions prevail to the extent that strict adherence to specific standards that comply with the
said requirements would be unreasonable and not consistent with the purposes and general modifications of the subdivision
goals o this chapter or the comprehensive development plan. standards at the time a site plan is
approved. The applicant or the City
Planning Staff may have the Planning
and Zoning Commission determine the
specific standards that comply with the
general modifications approved by the
City Council.1
Deleted: City Council upon 7]
Q O~ recommendation of the
Vl~v~
cult: (documents and setting5,sha=lett.0004ocal settings',.temp'.ordinance form - parkland 2004.doc
1/18104
SECTION 10: REQUIREMENTS FOR PARK LAND DEDICATION .
10-A. Purpose
10-A.1 This section is adopted to provide recreational areas in i
a function of subdivision and site development in th
section is enacted in accordance with the home rule pvwcib Ln um; -,qty w ~-Vtlugv
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 (Vernon
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 requirement into
the procedure for planning and developing property or subdivisions in the city, whether
such development consists of new construction on vacant land or rebuilding 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 served thereby. The park zones established by the Parks and Recreation Department
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 such facilities.
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes:
10-B General Requirement
The City Manager or his designee shall administer this Section 10, Requirements for Parkland
Dedication.
Dedications shall cover both land and development costs for neighborhood parkland for all types
of residential development. Dedications shall be based on dwelling unit numbers as proposed for
the entire development. Increases in unit count will require appropriate increases in fees paid. 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 shall be made by payment
of the cash in lieu of land as per 10.B.1, or by the conveyance of an entire numbered lot to the
City. For multi-family development or development where parkland was neither previously
dedicated nor payment made with the filing of a plat, the additional dedication or payment in lieu
of land required by this section shall be made at the time of the building permit application.
10-B-1 Land Dedication
Any and all parkland required to meet the dedication under this section shall be dedicated
in fee simple by a final plat. For single family developments the area of land to be
dedicated for parkland purposes shall be equal to one (1) acre for each one hundred and
one (101) proposed dwelling units. For duplex and other multi-family development this
area shall be equal to one (1) acre for each one hundred and twenty-five (125) proposed
dwelling units. For methodology refer to Appendix I attached herein and incorporated
and made apart of this ordinance far all purposes.
The required land dedication of this subsection may be met by a payment of money in
lieu of land when permitted or required by the other provisions of this section.
In the event a plat is not required this dedication shall be met prior to the issuance of a
building permit.
Timing(Phasing
To„ nn «n"IAN "D A D V T n nn"IMA n.,,-Ui.,,, 4 n-V
The full parkland dedication shall be made prior to the filing of any final plats for single
family, duplex or townhouse development or prior to the issuance of any building permits
for multi-family development, unless approval has been previously granted for phasing of
this dedication.
The Parks Board may recommend phasing of a residential development such that the
parkland may be dedicated in pieces with each final plat. This phasing shall be so
indicated on a preliminary plat and approved by the Planning & Zoning Commission. In
the event that phasing of the required parkland is approved, there shall be a guarantee
posted to cover the land dedication fee for those portions not yet dedicated. This
guarantee shall be posted prior to the filing of any final plat for single family, duplex or
townhouse development or prior to issuance of any building permits for multi-family
development. In the event that a development is discontinued before all phases are
complete, the Parks Board shall decide how to spend any guaranteed funds in that
particular park zone, if these funds are not requested back as per Section 10-D-2 below.
This does not relieve any future developer of the obligation for parkland dedication on
any remainder of the property.
10-B.2 Fee in Lieu of Land
A landowner 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, for any required dedication of
three (3) acres or more, or for any development containing floodplain or greenway, the
land owner must obtain a recommendation from the Parks and Recreation Advisory
Board and approval for the cash payment in lieu of land from the Planning & Zoning
Commission pursuant to the plat approval procedures set out in Article 3.3 of the Unified
Development Ordinance. Such payment in 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 is not required. For required dedications of less than three
(3) acres in proposed developments containing no floodplain or greenway, the fee in lieu
request will be approved by the Director of Parks and Recreation or his designee. This
determination shall be based on whether there is sufficient park area already in the public
domain in the park zone of the proposed development. If the Director determines the
recreation potential for that zone would be better served by expanding or improving
existing parks, then rather than approving the fee in lieu, he shall refer the matter to the
Board for determination..
The fee in lieu of land dedication requirement shall be met by a payment of a fee set from
time to time by resolution by the City Council, sufficient to acquire neighborhood
parkland. Unless changed by the City Council, such per-acre price shall be computed on
the basis of one hundred and ninety-eight dollars ($198) per dwelling unit for single
family development and one hundred and sixty dollars ($160) per dwelling unit for
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 meet
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 fifty-eight dollars ($358) per dwelling unit for single family
developments and two hundred and ninety-two ($292) for duplex and multi-family
developments. This fee shall be paid with each final plat submitted for single family,
duplex or townhouse development or with the building permit for multi-family
development. Refer to Appendix 1. Cash payments may be used only for development or
acquisition of a neighborhood park located within the same zone as the development.
10-13.4 Park Development Option 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 and Recreation Advisory Board as per criteria established in the
1.,,, nn "n" 1 n ATP"D A D1T1 n nn"1(1An D-t-1 4 nra»
Manual of Neighborhood Park Improvement Standards as adopted and amended from
time to time.. In all cases the value of the improvements shall meet or exceed the amount
of the required park development fee. All improvements shall be financially guaranteed
in an amount equal to the required development fee This guarantee shall be filed prior to
the filing of any final plats for single family, duplex or townhouse development or prior
to any building permits for multi-family development. 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.
Improvements must be complete within 2 years from the date of the guarantee or upon
completion of the development whichever occurs first. One extension of up to twelve
(12) months may be granted upon formal request to the Parks and Recreation Advisory
Board.
Prior to release of any financial guarantee, the following must occur:
1. Improvements must have been accepted by the City,
2. All park property shall have been dedicated to the City,
3. The subdivider shall provide a written guarantee of warranty as per Section 7-F., and
4. The subdivider shall post another financial guarantee in the amount equal to 25% of
the original bond for a period of one year to cover the warranty period.
Once improvements are accepted by the City, the City shall take over ownership and
maintenance of said improvements. At the end of one year, the Director of PARD shall
give written approval that the financial guarantee may be released if any and all warranty
work has been completed..
10-B.7 The City may from time to time decide to purchase land for parks in or near the area of
actual or potential development. If the City does purchase park 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 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 structures
constructed upon property is greater than the former assumed density. Additional dedica-
tion 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund, Right to Refund
10-D. I There is hereby established a special fund for the deposit of all sums paid in lieu of land
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 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 prorata refund of such
sum, computed on a square footage of area basis. The owners of such property must
r.,,, 114 ;.,,,o "n"IANTF"nnAYT A'KTn"')nnn D-1L1-A nrA„
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 Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its
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 parks 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 are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are 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 recreation
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.
(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 would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City staff
and must meet specific parks specifications.
10-F.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where feasible, park sites should be located adjacent to greenways and/or
schools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-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.
T- nA"n"TAATP"DADVT AATn"7nnitD-t-I, A n~All
(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
Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board or the Director of
PARD as provided above, and a recommendation given to the Commission. The
Commission may make a decision contrary to such recommendations only by a con-
curring vote of at least five (5) members.
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 one thousand population. Fees shall
be set by resolution of the City Council.
1- AA rxrio+nnn "n"TAXM"DADili AMn"I(IIIAD-t-I., A 1-%.Ale
EXHIBIT "B"
That Chapter 9, "Subdivisions", Sections 1 A, "Function of Planning and Zoning Commission",
and 8-M.6, "Sidewalks' of the Code of Ordinances of the City of College Station, Texas, are
hereby amended, as set out hereafter to read as follows:
SECTION IA: FUNCTION OF PLANNING AND ZONING COMMISSION
In accordance with the authority granted by applicable statutes, ordinances, and regulations, the
commission shall approve or disapprove plats, subdivisions and replats of land within the
corporate limits and extraterritorial jurisdiction of the City. If a plat conforms to this article,
state law, and all other rules and regulations pertaining to the platting of land, the commission
shall endorse its approval upon the plat.
(Ordinance No. 2179 of May 9, 1996)
SECTION 8-M Sidewalks
8-M.6 Exceptions to or partial waiver of the requirements of 8-M.1. may be granted by the
Planning and Zoning Commission and when it has been determined that satisfactory
alternative pedestrian ways or pedestrian/bikeways have been or will be provided
outside the normal right-ot=way; or that unique circumstances or unusual topographic,
vegetative, or other natural conditions prevail to the extent that strict adherence to
said requirements would be unreasonable and not consistent with the purposes and
goals of this chapter or the comprehensive development plan.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9, "SUBDIVISIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 9, "Subdivisions", of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibits "A" and "B", 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
unconstitutional, 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 this 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
Five Hundred Dollars ($500.00). 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 ten (10) days after its date of passage by the
City Council, as provided by Section 35 of the Charter of the City of College
Station.
PASSED, ADOPTED and APPROVED this 25th day of March, 2004.
APPROVED:
RON SILVIA, Mayor
ATTEST:
Connie Hooks, City Secretary
APPROVED:
:y
City Attorney z
ORDINANCE NO. Page 2
EXHIBIT "A"
That Chapter 9, "Subdivisions", Section 10, "Requirements for Park Land Dedication", of the
Code of Ordinances of the City of College Station, Texas, is hereby replaced as set out hereafter
to read as follows:
SECTION 10: REQUIREMENTS 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 (Vernon 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 requirement into the procedure for planning and developing property or subdivisions in the city,
whether such development consists of new construction on vacant land or rebuilding 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 served
thereby. The park zones established by the Parks and Recreation Department 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 such facilities.
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes:
10-B General Requirement
The City Manager or his designee shall administer this Section 10, Requirements for Parkland
Dedication.
Dedications shall cover both land and development costs for neighborhood parkland for all types of
residential development. Dedications shall be based on dwelling unit numbers as proposed-for the
entire development. Increases in unit count will require appropriate increases in fees paid. 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 shall be made by payment of the cash
in lieu of land as per 10.13.1, or by the conveyance of an entire numbered lot to the City. For multi-
family development or development where parkland was neither previously dedicated nor payment
made with the filing of a plat, the additional dedication or payment in lieu of land required by this
section shall be made at the time of the building permit application.
10-13-1 Land Dedication
Any and all parkland required to meet the dedication under this section shall be dedicated in fee
simple by a final plat. For single family developments the area of land to be dedicated for parkland
purposes shall be equal to one (1) acre for each one hundred and one (101) proposed dwelling
units. For duplex and other multi-family development this area shall be equal to one (1) acre for
ORDINANCE NO. Page 3
each one hundred and twenty-five (125) proposed dwelling units. For methodology refer to
Appendix 1 attached herein and incorporated and made a part of this ordinance for all purposes.
The required land dedication of this subsection may be met by a payment of money in lieu of land
when permitted or required by the other provisions of this section.
In the event a plat is not required this dedication shall be met prior to the issuance of a building
permit.
Timing/Phasing
The full parkland dedication shall be made prior to the filing of any final plats for single family,
duplex or townhouse development or prior to the issuance of any building permits for multi-family
development, unless approval has been previously granted for phasing of this dedication.
The Parks Board may recommend phasing of a residential development such that the parkland may
be dedicated in pieces with each final plat. This phasing shall be so indicated on a preliminary plat
and approved by the Planning & Zoning Commission. In the event that phasing of the required
parkland is approved, there shall be a guarantee posted to cover the land dedication fee for those
portions not yet dedicated. This guarantee shall be posted prior to the filing of any final plat for
single family, duplex or townhouse development or prior to issuance of any building permits for
multi-family development. In the event that a development is discontinued before all phases are
complete the Parks Board shall decide how to spend any guaranteed funds in that particular park
zone, if these funds are not requested back as per Section 10-D-2 below. This does not relieve any
future developer of the obligation for parkland dedication on any remainder of the property.
10-B.2 Fee in Lieu of Land
A landowner 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, for any required dedication of three (3) acres or more, or for any
development containing floodplain or greenwa ,the land owner must obtain a recommendation
from the Parks and Recreation Advisory Boardyand approval for the cash payment in lieu of land
from the Planning & Zoning Commission pursuant to the plat approval procedures set out in
Article 3.3 of the nified Development Ordinance. Such payment in 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 is not required. For required dedications of less than three (3) acres in
proposed developments containing no floodplain or greenway, the fee in lieu request will be
approved by the Director of Parks and Recreation or his designee. This determination shall be
based on whether there is sufficient park area already in the public domain in the park zone of the
proposed development. If the Director determines the recreation potential for that zone would be
better served by expanding or improving existing parks, then rather than approving the fee in lieu,
he shall refer the matter to the Board for determination.
The fee in lieu of land dedication requirement shall be met by a payment of a fee set from time to
time by resolution by the City Council, sufficient to acquire nei borhood parkland. Unless
changed by the City Council, such per-acre price shall be computed on the basis of one hundred
and ninety-eight dollars ($198) per dwelling unit for single family development and one hundred
and sixty dollars ($160) per dwelling unit for 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 meet 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 fifty-eight
dollars ($358) per dwelling unit for single family developments and two hundred and ninety-two
($292) for duplex and multi-family developments. This fee shall be paid with each final plat
ORDINANCE NO. Page 4
submitted for single family, duplex or townhouse development or with the building permit for
multi-family development. Refer to Appendix 1. Cash payments may be used only for development
or acquisition of a neighborhood park located within the same zone as the development.
10-13.4 Park Development Option 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 and Recreation Advisory Board as per criteria established in the manual of
Neighborhood Park Improvement Standards as adopted and amended from time to time.. In all
cases the value of the improvements shall meet or exceed the amount of the required park
development fee. All improvements shall be financially guaranteed in an amount equal to the
required development fee This guarantee shall be filed prior to the filing of any final plats for single
family, duplex or townhouse development or prior to any building permits for multi-family
development. 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.
Improvements must be complete within 2 years from the date of the guarantee or upon completion
of the development whichever occurs first. One extension of up to twelve (12) months may be
granted upon formal request to the Parks and Recreation Advisory Board.
Prior to release of any financial guarantee, the following must occur:
• Improvements must have been accepted by the City,
• All park property shall have been dedicated to the City,
• The subdivider shall provide a written guarantee of warranty as per Section 7-F., and
• The subdivider shall post another financial guarantee in the amount equal to 25% of the
original bond for a period of one year to cover the warranty period.
Once improvements are accepted by the City, the City shall take over ownership and maintenance
of said improvements. At the end of one year, the Director of PARD shall give written approval
that the financial guarantee may be released if any and all warranty work has been completed..
10-13.7 The City may from time to time decide to purchase land for parks in or near the area of
actual or potential development. If the City does purchase park land in a park zone, the City shall
have the right to require subsequent park and dedications for that zone to be in cash only. This
will be to reimburse the City its purchase cost. Once the City has 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 byy the ordinance in effect at the time such obligation arose, except
that additional dedication shall be required if the actual density of structures 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements unposed on
the donor of such lands. The Planning and Zoning Commission shall consider the recommendation
of the Parks and Recreation Advisory Board in exercising its discretion under this subsection.
10-D Special Fund, Right to Refund
10-D.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as the park
land dedication fund.
ORDINANCE NO. Page 5
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 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 prorata refund 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 Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its 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 parks 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 are established by the City's Comprehensive Plan, in the Park and Open Space
element and are configured to indicate service areas for neighborhood parks. Zone boundaries are
established that follow key topographic features such as mayor 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 recreation
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.
(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 would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City staff
and must meet specific parks specifications.
10-F.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with adjacent
land uses. The following guidelines should be used in designing parks and adjacent development.
(a) Where feasible, park sites should be located adjacent to green-ways and/or schools
in order to encourage both shared facilities and the potential co-development of
new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and greenways
connections to existing or future adjoining subdivisions may be required to provide
reasonable access to parks.
ORDINANCE NO. Page 6
(c) Where a non-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
Any proposal considered by the Planning and Zoning Commission under this section shall have
been reviewed by the Parks and Recreation Advisory Board or the Director of PARD as provided
above, and a recommendation given to the Commission. The Commission may make a decision
contrary to such recommendations only by a concurring vote of at least five (5) members.
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 one thousand population. Fees shall be set by resolution of the
City Council.
ORDINANCE NO. Page 7
EXHIBIT "B"
That Chapter 9, "Subdivisions", Sections IA, "Function of Planning and Zoning Commission",
and 8-M.6, "Sidewalks' of the Code of Ordinances of the City of College Station, Texas, are
hereby amended, as set out hereafter to read as follows:
SECTION IA: FUNCTION OF PLANNING AND ZONING COMMISSION
In accordance with the authority granted by applicable statutes, ordinances, and regulations, the
commission shall approve or disapprove plats subdivisions, and replats of land within the
corporate limits and extraterritorial jurisdiction of the City. If a plat conforms to this article, state
law, and all other rules and regulations pertaining to the platting of land, the commission shall
endorse its approval upon the prat.
(Ordinance No. 2179 of May 9, 1996)
SECTION 8-M Sidewalks
8-M.6 Exceptions to or partial waiver of the requirements of 8-M.1. may be granted by the
Planning and Zoning Commission and when it has been determined that satisfactory
alternative pedestrian ways or pedestrian/bikeways have been or will be provided
outside the normal right-of-way; or that unique circumstances or unusual toppographic,
vep,etative, or other natural conditions prevail to the extent that strict adFierence to
said requirements would be unreasonable and not consistent with the purposes and
goals of this chapter or the comprehensive development plan.
Jane Kee - Re: parkland ord. Page 1
From: Roxanne Nemcik
To: Kee, Jane
Date: 2/12/2004 8:35:34 AM
Subject: Re: parkland ord.
Jane,
I have just finished with Kim's economic development deal (which the City Manager directed me to do
exclusively until finished) and am working on two real estate deals that are priorities of the city manager's
office. The City Mgr. has asked that I give Kapchinski and the Wellborn Cemetary option contract priority.
The deadlines that you have set for submittal to the boards will not work for me due to City Manager
projects and other work. If you make any further changes to the ordinance as a result of my review I
would assume you will take it back to the Parks Board and we probably will have some discussion about
the changes before they are finalized so please take that into account when trying to reschedule.
I would appreciate it if you would please look at an agenda further out.
Thank you.
Jane Kee 2/11/2004 2:44:14 P
this was approved by the Parks o last nite. It is the same as the copy you have had for a while except
for 2 minor things the Board wade which were not legal issues. You'll see those highlighted in yellow.
This item is tentatively set for 3-4 P&Z and 3-25 CC.
Again one is the highlighted copy and one a clean copy.
Jane Kee, AICP
City Planner
City of College Station
College Station, Tx. 77845
(979)764-3570
FAX (979)764-3496
jkee(a)cstx.gov
College Station. Embracing the Past, Exploring the Future.
CC: Glenn Brown; Harvey Cargill; Steve Beachy; Templin, Kelly; Tom Brymer
In the event a plat is not required this dedication shall be met prior to the issuancWa
building permit.
Timing/Phasing
The full parkland dedication shall be made prior to the filing of any final plats for single
family, duplex or townhouse development or prior to the issuance of any building permits
for multi-family development unless approval has been previously granted for phasing of
this dedication.
The Parks Board may recommend phasing _of a residential development such that the
parkland may be dedicated in pieces with each final plat This phasing shall be so
indicated on a preliminary plat and approved by the Planning & Zoning Commission. In
the event that phasing of the required parkland is approved there shall be a guarantee
posted to cover the land dedication fee for those portions not vet dedicated. This
guarantee shall be posted prior to the filing of any final plat for single family, duplex or
y
townhouse development or prior to issuance of any building permits for multi-famil
""7 development. In the event that a development is discontinued before all phases are
l complete the Parks Board shall decide how to spend any guaranteed funds in that
particular park zone if these funds are not requested back as per Section 10-D-2 below.
This does not relieve any future developer of the obligation for parkland dedication on
any remainder of the property.
10-B.2 Fee in Lieu of Land
A 1 owner responsible for dedication under this section may elect to meet the
uire ents of 10-B.1. in whole or in part by a cash payment in lieu of land, in the
amount et forth below. Before making this election, for any required dedication of five
5 a s or more or for an development containing flood lain or reenwa the land
o r must obtain a recommendation from the Parks and Recreation Adivsory Board and
proval for the cash payment in lieu of land from the Planning & Zoning Commission
pursuant to the plat approval procedures set out in- Article 3.3 of the Unified
Development OrdinanceChap'°" c°^"^^ 6. Such payment in 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 is not required. For required dedications of less
than five (5) acres in proposed developments containing no floodplain or greenway, the
dedication of land or the fee in lieu request will be approved by the Director of Parks
and Recreation or his designee. This determination shall be based on whether there is
sufficient park area already in the public domain in the park zone of the proposed
~Vv development. If the Director determines the recreation potential for that zone would be
better served by expanding or improving existing parks, then rather than approving the
l ' fee in lieu, he shall refer the matter to the Board for determination..
V~ The fee in lieu of land dedication requirement shall be met by a payment of a fee set from
time to time by resolution by the City Council, sufficient to acquire neighborhood
parkland. Unless changed by the City Council, such per-acre price shall be computed on
the basis of one hundred and ninety-eight dollars ($198) per dwelling unit for single
family development and one hundred and sixty dollars ($160) per dwelling unit for
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 meet
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 --fifty-eight dollars ($358) per dwelling unit for single family
developments and two hundred and ninety-two ($292) for duplex and multi-family
developments. This fee shall be paid with each final plat submitted for single family,
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
duplex or townhouse development or with the building permit for multi-family
development. Refer to Appendix 1. Cash payments may be used only for development or
acquisition of a neighborhood park located within the same zone as the development.
10-13.4 Park Development Option 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 and Recreation Advisory Board as per criteria established in the
Manual of Neighborhood Park Improvement Standards as adopted and amended from
time to time.. -In all cases the value of the improvements shall meet or exceed the
amount of the required park development fee. All improvements shall eithef be
financially guaranteed or- aeeepted by the City prior- to the filing of a plot in the ease of
platted devele. f eeffifieates of eeeupaney in the event that
laoing not re " ired in an amount equal to the required development fee.- This
guarantee shall be filed prior to the filing of an final plats for single family, duplex or
townhouse, development or prior to any building permits for multi-family development.
The process, of financial guarantee shall be the same as that found in sSection 7 of the
Subdivision Regulations and shall be used whether a plat is required or not., W~~~ f - ~ L9 tmprovemerits must be complete within 2 years from th ate o the uuarantee. One C~
extension of up to twelve (12) months may be granted upon formal request to the Parks
j ' and Recr otion Advisory Board. Onee improvements are aeeepted by the Ci
Prior to release of any financial guarantee, the following must occurrj
1 Improvements must have been accepted by the City,
2 All park property shall have been dedicated to the City,
3. The subdivider shall provide a written uarantee of warrant as per Section 7-F. and
4 The subdivider shall post another financial guarantee in the amount equal to 25% of
the original bond for a period of one year to cover the warranty period.
i
Once improvements are accepted by the City, the City shall take over ownership and
maintenance of said improvements At the end of one year, the Director of PARD shall
give written approval that the financial guarantee may be released if any and all warranty
work has been completed.. developer- shall deed the pr-epeft-y and impr-evefflents to t
c4~
10 B.5 in instanees whefe an area ef less than five (5) A to be dedieated, th
Planning and Zoning Commission shall have he --eept the dedieation fe
appfeval on the final plat, or- to refuse saffie, Ref the r-eeemmendatien E)
the arks and Reereatien Advisefy Beafd. The City shall have the fight to r-equife
development, ef if the feefeatien potential fef that zone would be bettef sef=~',ed by
expanding or- impr-eving existing paf4Es.
10 BA The dedieation feEittifed by this seetion shall be made by filing of the final plat 0
Eltient to the filing of the final plat. if the aetual number- of eempleted dwelling units,
dedieatien shail be r-equifed, and shall be made by payment ef the eash in lieu of !and
dedieated not pa~~efit made with the filing ef a plat, the additional dedieation of
pa~~ent in hee of land feEluired by this seetion shall be made at the time of the btfilding
peffflit ap
10-13.7 The City may from time to time decide to purchase land for parks in or near the area of
actual or potential development. If the City does purchase park 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 been
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
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. I 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 structures
constructed upon property is greater than the former assumed density. Additional dedica-
tion 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund, Right to Refund
10-D.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as
the park land dedication fund.
10-13.2 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 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 prorata refund 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 Recreation, Park and Open Space Master Plan is intended to provide the College
Station Parks and Recreation Advisory Board with a guide upon which to base its
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 parks 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 are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are 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 recreation
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.
(b) Neighborhood park sites should be located so that users are not required to cross
arterial roadways to access them.
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
(c) Sites should not be severely sloping or have unusual topography which would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City staff
and must meet specific parks specifications.
10-F.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where feasible, park sites should be located adjacent to greenways and/or
schools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-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
Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board or the Director of
PARD as provided above, and a recommendation given to the Commission. The
Commission may make a decision contrary to such recommendations only by a con-
curring vote of at least five (5) members.
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 one thousand population. Fees shall
be set by resolution of the City Council.
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
In the event a plat is not required this dedication shall be met prior to the issuance of a
building permit.
Timing/Phasing
The full parkland dedication shall be made prior to the filing of any final plats for single
family, duplex or townhouse development or prior to the issuance of any building permits
for multi-family development unless approval has been previously granted for phasing of
this dedication.
The Parks Board may recommend phasing of a residential development such that the
parkland may be dedicated in pieces with each final plat. This phasing shall be so
indicated on a preliminary plat and approved by the Planning & Zoning Commission. In
the event that phasing of the required parkland is approved there shall be a guarantee
posted to cover the land dedication fee for those portions not yet dedicated. This
guarantee shall be posted prior to the filing of any final plat for single family, duplex or
townhouse development or prior to issuance of any building permits for multi-family
development In the event that a development is discontinued before all phases are
complete the Parks Board shall decide how to spend any guaranteed funds in that
particular park zone if these funds are not requested back as per Section 10-D-2 below.
This does not relieve any future developer of the obligation for parkland dedication on
any remainder of the property.
10-B.2 Fee in Lieu of Land
A landowner 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, for any required dedication of five
(5) acres or more or for any development containing floodplam or reg enway, the land
owner must obtain a recommendation from the Parks and Recreation Adivsory Board and
approval for the cash payment in lieu of land from the Planning & Zoning Commission
pursuant to the plat approval procedures set out in- Article 3.3 of the Unified
Development OrdinanceC ter- 9, Seetion 6. Such payment in 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 is not required. For required dedications of less
than five 5 acres in proposed develo ment 5 contai i Rd plain or reenwa the
the fee in lieu ill b the Director of Parks
and Recreation or his designee This n shall be based on whether there is
sufficient park area already in the public domain in the park zone of the proposed
development- the recreation potential for that zone ould be better served b
ex andin or im ro in existin arks a .~j
In he n e Di r so ooses this to tion wi)y be fprwarAed t he s 4,
rd th it om at' E H~
The fee in lieu of land dedication requirement shall be met by a payment of a fee set from
time to time by resolution by the City Council, sufficient to acquire neighborhood
parkland. Unless changed by the City Council, such per-acre price shall be computed on
the basis of one hundred and ninety-eight dollars ($198) per dwelling unit for single
family development and one hundred and sixty dollars ($160) per dwelling unit for
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 meet
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 --fifty-eight dollars ($358) per dwelling unit for single family
developments and two hundred and ninety-two ($292) for duplex and multi-family
developments. This fee shall be paid with each final plat submitted for single family,
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
z
c
SECTION 10: REQUIREMENTS 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 (Vernon
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 requirement into
the procedure for planning and developing property or subdivisions in the city, whether
such development consists of new construction on vacant land or rebuilding 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 served thereby. The park zones established by the Parks and Recreation Department
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 such facilities.
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes:
10-B General Requirement
The City Manager or his designee shall.- administer this Section 10, Requirements for Parkland
Dedication.
Dedications shall cover both land and development costs for neighborhood parkland for all types
of residential development. Dedications shall be based on dwelling unit numbers as proposed for
the entire development Increases in unit count will require appropriate increases in fees paid 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 shall be made by pa ment
of the cash in lieu of land as per 10 B 1 or by the conveyance of an entire numbered lot to the
City. For multi-family development or development where parkland was neither previously
dedicated nor payment made with the filing of a plat the additional dedication or payment in lieu
of land required by this section shall be made at the time of the building permit application.
10-B-1 Land Dedication
Whenever a final plat is filed of r-eeord with the County Gler-k of Br-azes, County for
development of a r-esidential area in aeeer-danee with the planning and zoning r-egulations
of the City stieh plat shall eentain a elear- f~e simple dedieatien of an afea of land to the
City c ....;_L ..,.....,~-Any and all parkland required to meet the dedication under this
section shall be dedicated in fee simple by a final plat. -For single family developments
the area of land to be dedicated for parkland purposes is area shall be equal to one (1)
acre for each one hundred and one (101) proposed dwelling units. For duplex and other
multi-family development this area shall be equal to one (1) acre for each one hundred
and twenty-five (125) proposed dwelling units. For methodology refer to Appendix I
attached herein and incorporated and made a part of this ordinance for all purposes.
Any pfeposed plat submitted te the City for approval shall show the area pr-eposed to be
a di a der this : eetion The required land dedication of this subsection may be met
by a payment of money in lieu of land when permitted or required by the other provisions
of this section.
Jan. 04 revisions "O"JANE"PARKLAND"2004 Parkland Ord"
Parkland ord. review
7-16-2003 - first draft to legal
request update on legal review 9-2-03
Rox says needs more work 9-3-03
Parks Board - told them we are working on an amendment on 12-9-03
Changes made 12-22-03 after mtg. with Steve and Ric (decided not to incorporate Rox's appraisal ideas)
To Rox 1-6-04
To Parks Board 1- 13 -04
Minor changes made after Board comments
To Rox 2-2-04
Set for Parks Board 2-10-04
five acres and there is no greenway or floodplain, then the Parks
Director or designee can approve only the fee in lieu of land. It was
stated that five acres might be too large for the Director to accept
the fee in lieu of land and that two or three acres might be
preferable.
Finally, if a developer chooses to make improvements to a park, the
plans would have to come to the Parks Board, a manual of
neighborhood park development standards, which would be
adopted by the Parks Board, would serve as a guide for developers
to use, and improvements would have to be guaranteed by bond or
letter of guarantee. The improvements would have to be completed
within two years from the time that the guarantee is filed.
Additionally, there is a one year warranty period by bond which will
be in the amount of 25% of the original bond for any type of
warranty work that may need to be done. Glen D. asked is there
any thought on time of the completion of the park to the completion
of the development. Jane K. answered that language could be
added to say that the park must be complete within two years or
upon completion of the development whichever is sooner.
8. Discussion, consideration, and possible action concerning a
policy for Soccer Field Use: Various soccer groups have been
requesting the use of soccer game fields for practices due to their
growing needs for more practice fields. Currently, the soccer field
rental and use policy states that there will be no practices on game
fields.
Suggested changes to the policy would allow for limited use of
game fields for practices. However, the number of practices that
would be allowed on the game fields would not be determined until
a rough game schedule from each of the soccer organizations (BCS
Soccer League, Aggieland Soccer Club, Brazos Valley youth Soccer
Association, College Station Soccer Club) was submitted to the
Parks Department. Once schedules are submitted, Parks staff
would determine how much additional use the fields could handle
before they start to deteriorate. The policy does allow for the Parks
Department to close soccer fields at their discretion due to weather
and/or turf conditions.
The Parks Department is requesting schedules from each of these
groups as soon as possible after their registration time because the
Parks Department reserves the right to rent these fields to others at
Parks and Recreation Advisory Board
Regular Meeting
Tuesday, January 13, 2004
Page 4 of 5
load bearing walls to make bigger meeting/activity rooms,
repainting, having a full service kitchen, and doing some minor
electrical work. These renovations are estimated to cost around
$150,000.
Glen D. asked what discussions have been held about what would
happen to Central Park Office once it is vacated and what other
options would there be. Steve B. replied that there has not been
any discussion regarding the future of the building. Other
alternatives could include some kind of retreat center, but he
stressed that it would be important to keep this building as some
type of park use. Dr. Reed added that although this is being
proposed as a Senior Center, rooms would be available for other
uses as well.
Don A. made a motion to recommend to the City Council, that when
it comes available, the Parks and Recreation Department
headquarters be renovated and be dedicated for use as a Senior
Center. Ken L. seconded the motion. All were in favor and the
motion passed unanimously.
7. Report, discussion, and possible action concerning updates
to the Park Land Dedication Ordinance: Jane Kee, City Planner,
explained that this discussion was generated by requests from
developers that want to do their own park improvements. The
language in the current regulations implies that the land has to be
improved before it is dedicated to the city. The way Development
Services administers the regulations in another section is that the
parkland has to be dedicated before the final plat. So, the purpose
of this discussion is to try and remedy this confusion with the
attached amendments (see attachment "B").
One of the things Development Services is trying to do is to correct
the Ordinance so that developers can install park improvements
regardless of whether the park land is dedicated yet or not.
Secondly, as of now, park land must be dedicated before the first
plat is filed. Some provisions have been written in Section 10-B-1
which will allow park land phasing to be considered by the Parks
Board and recommended to the Planning and Zoning Board when
they consider a plat. Furthermore, a section has been added that
the Parks Board considers all dedications if the dedication
requirement is five acres or more, and/or there is any floodplain or
greenway as part of the development. If the dedication is less than
Parks and Recreation Advisory Board
Regular Meeting
Tuesday, January 13, 2004
Page 3 of 5
MEMORANDUM
DATE: January 7, 2004
TO: Parks and Recreation Advisory Board
FROM: Jane R. Kee, City Planner
RE: Proposed Revisions to Chapter 9, "Subdivision Regulations", Section 10,
"Parkland Dedication Ordinance"
Although the 3-year review of the parkland ordinance is not due until January 2005, this
amendment is being brought forward to address some current issues. Below is a summary of the
proposed changes.
1. Developers have expressed interest from time to time in installing park improvements
themselves rather than waiting for the City to do so. Current regulations do not provide for
this to occur when parkland has already been dedicated to the City. This amendment
addresses that.
2. Current regulations do not allow for phasing of parkland dedications. Typically staff requires
the dedication with the first phase of any development. This amendment will provide for the
phasing of the required land dedication to be considered by the Board and the Commission.
IA In this event provisions are made for providing monetary guarantees for future phased
dedications.
3. Changes to the process for "Fee in Lieu" considerations:
Currently all parkland dedications go to the Board, even ones where very small amounts
of land are required. This amendment allows for the Board to consider anything 5 acres
"16.1/ or more OR any development with floodplain or greenway and make recommendation to
to the Commission.
The amendment further allows for the Director or his designee to decide on required
dedications of less than 5 acres where there is no floodplain or greenway involved. The
Director may forward the case to the Board.
4. Developer improved parkland requirements:
✓ Plans must be approved by the Board
✓ Value of improvements must meet or exceed the development fee
✓ Improvements shall be guaranteed prior to any final platting
✓ Improvements shall be complete within 2 years
~,te, ✓ Board may allow up to one 12-month extension
~(J~' ✓ One-year warranty period with a bond is required
Jane Kee -parkland ord. Page 1
From: Jane Kee
To: Roxanne Nemcik
Date: 1/12/2004 10:08:40 AM
Subject: parkland ord.
Thanks for the review. To keep some order here my responses are in bold.
I returned the ordinance to you on September 3rd and just received from you for review again on January
6th. Since you are taking this to the Parks Board on Tuesday, I don't have much time to give it an in-depth
review. However, the following are my comments on the ordinance revision a written:
Section 10.13.4 and Section 10.13.2
Section 10.B.2. authorizes the parks director to require payment of cash in lie of land. In order to delegate
this authority to the Parks Director you have to have clear and specific standards under which he may
exercise this authority. The criteria you have inserted are too broad.
We are using the same criteria the Board has always used and uses today to decide whether to
accept cash in lieu.(Section 10.13.5). Also Section 10.E.1 & 2 reference comp plan considerations.
This is the guide for whether they need additional land or not.
Second, the Parks and Recreation Board is advisory only. Therefore, they can make no final decisions on
any matter. Consequently, the board does not have the authority to approve the Parks Director decicision.
Ultimately any plat calling for less than 5 acres of parkland will either be a minor plat approved by
staff or a plat going to the P&Z for approval. I will change the word where the Driector may
forward it to the Board for "recommendation" rather then consideration. Then the Board is
technically making a recommendation either to the development services staff authorized to
approve minor plats or to the P&Z.
The other option is to place these items on the Board's consent agenda. This doesn't accomplish
the goal though which was to streamline these small development dedications kind of like we do
with minor plats.
Third, there is no criteria specifying when and under what circumstances the Parks Director forwards his
decision for final consideration, which would have to be to the P&Z.
We can put something together for this.
With the revision of the UDO and other code sections, the City Manager has had a preference for inserting
the City Manager or his designee for approvals of any kind in the ordinance. Therefore, I would suggest
that you speak with the City Manager's Office to determine whether he would like the Parks Director in the
ordinance or the City Manager or his designee.
This language is a duplicate of what is in the guarantee of performance section in the current
regulations. The City Engineer determines if the performance guarantee for infrastructure is
sufficient. In this case, because we are talking about playgroud and other park improvments we
put the Director of PARD. How about if we say the City Manager or his designee. I'll make that
change.
Section 10.13.4 is insufficient to cover the guarantee section. It should be rewritten. I can help you do this
if you explain what you want regarding the guarantee.
Jane Kee -(parkland ord. Page 72
Please explain why it is insufficient since it references Section 7 which is the section we use for all
infrastructure guarantees.
The criteria for acceptance of the approval should be established in some standards either in this
ordinance or in another published technical manual that is referenced.
The criteria for acceptance will be in a technical manual developed by Parks. It will be called
Neighborhood Park Development Standards. I will reference it in this section.
Additionally, I would suggest while you are revising the ordinance that the staff consider adding standards
for the acceptance of parkland and include some provisions regarding the state of title that the City will
accept. Also, that the Parks Director has the authority to request any documents to verify the state of title.
Steve nor I understand what you are getting at here. I recall you talking about getting bills for
taxes when we accept land in the middle of a year or something. Is this the issue? If it is, please
just write what you think we need and I'll insert it.
We will keep this on the Parks Board agenda for Tuesday for their discussion. This is just their
initial discussion. There will likely be another meeting for consideration. Even if they are happy
with this as it is, the next step is to P&Z. Thanks again for your review.
Jane Kee, AICP
City Planner
City of College Station
College Station, Tx. 77845
(979)764-3570
FAX (979)764-3496
College Station. Embracing the Past, Exploring the Future.
CC: Kelly Templin; Natalie Ruiz; Ric Ploeger; Steve Beachy
SECTION 10: REQUIREMENTS 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 (Vernon
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 requirement into
the procedure for planning and developing property or subdivisions in the city, whether
such development consists of new construction on vacant land or rebuilding 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 served thereby. The park zones established by the Parks and Recreation Department
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 such facilities.
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes:
10-13 General Requirement
Dedications shall cover both land and development costs for neighborhood parkland for all types
of residential development. Dedications shall be based on dwelling unit numbers as proposed for
the entire development. Increases in unit count will require appropriate increases in fees paid.
10-13-1 Land Dedication
Whenevef a final plat is filed of r-eeerd with the Count), Cler-k of Brazes County fef
development of a r-esidential area in aeeer-danee with the planning and z0fling r-egulations
of the City, eh plat shalt " 1° ffe simple ` edi ation of an e of land to the
City th- Mafk purpos Any and all parkland required to meet the dedication under this
section shall be dedicated in fee simple by a final plat. -For single family developments
the area of land to be dedicated for parkland purposes is area shall be equal to one (1)
acre for each one hundred and one (101) proposed dwelling units. For duplex and other
multi-family development this area shall be equal to one (1) acre for each one hundred
and twenty-five (125) proposed dwelling units. For methodology refer to Appendix 1
attached herein and incorporated and made apart of this ordinance for all purposes.
Any proposed plat submitted to the City for- appfeval shall show the afea pfoposed to be
dedicated under- this section. The required land dedication of this subsection may be met
by a payment of money in lieu of land when permitted or required by the other provisions
of this section.
In the event a plat is not required this dedication shall be met prior to the issuance of a
building permit.
Timing/Phasing
The full parkland dedication shall be made prior to the filing of any final plats for single
family, duplex or townhouse development or prior to the issuance of any building permits
for multi-family development, unless approval has been previously granted for phasing of
this dedication.
The Parks Board may recommend phasing of a residential development such that the
parkland may be dedicated in pieces with each final plat. This phasing shall be so
indicated on a preliminary plat and approved by the Planning & Zoning Commission. In
the event that phasing of the required parkland is approved there shall be a guarantee
posted to cover the land dedication fee for those portions not yet dedicated. This
guarantee shall be posted prior to the filing of any final plat for single family, duplex or
townhouse development or prior to issuance of any building permits for multi-family
development In the event that a development is discontinued before all phases are
complete the Parks Board shall decide how to spend any guaranteed funds in that
particular park zone if these funds are not requested back as per Section 10-D-2 below.
This does not relieve any future developer of the obligation for parkland dedication on
any remainder of the property.
10-13.2 Fee in Lieu of Land
A landowner 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, for any required dedication of five
(5) acres or more, or for any development containing floodplain or greenway, the land
owner must obtain a recommendation from the Parks and Recreation Adivsory Board and
approval for the cash payment in lieu of land from the Planning & Zoning Commission
pursuant to the plat approval procedures set out in- Article 3.3 of the Unified
Development Ordinance Such payment in 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 is not required. For required dedications of less
than five (5) acres in proposed developments containing no floodplain or greenway, the
dedication of land or the fee in lieu option will be determined by the Director of Parks
and Recreation or his designee. The Director of PARD shall have the right to require
payment of cash in lieu of land in the amount provided above if it determines that
sufficient park area is already in the public domain in the area of the proposed
development or if the recreation potential for that zone would be better served by
expanding or improving existing parks.
L This decision may be forwarded to the Parks and Recreation Advisory Board if the
Director so chooses for the Board's final cQu6idepati"_
r V_C k AA
The fee in lieu of land dedication requirement shall be met by a payment of a fee set from
time to time by resolution by the City Council, sufficient to acquire neighborhood
parkland. Unless changed by the City Council, such per-acre price shall be computed on
the basis of one hundred and ninety-eight dollars ($198) per dwelling unit for single
family development and one hundred and sixty dollars ($160) per dwelling unit for
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 meet
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 --fifty-eight dollars ($358) per dwelling unit for single family
developments and two hundred and ninety-two ($292) for duplex and multi-family
developments. This fee shall be paid with each final plat submitted for single family.
duplex or townhouse development or with the building permit for multi-family
development. Refer to Appendix 1. Cash payments may be used only for development or
acquisition of a neighborhood park located within the same zone as the development.
10-B.4 Park Development Option 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
d by the Parks and Recreation Advisory Board as per criteria established by the
Board. . In all cases the value of the improvements shall meet or exceed The amount of
the required park development fee. All improvements shall ewer be financially
guaranteed of aeeepted ~y the City pfier- to the filing of a plat ift the ease of p!
developments of pner te issuattee of eef4ifieates of eeetipaney in the event that platting +4
not require in an amount equal to the required development fee.- This guarantee shall be
filed prior to the filing of any final plats for single family, duplex or townhouse
development or prior to an building permits for multi-famil development. The process
of financial guarantee shall be the same as that found injection 7 of the Subdivision
Regulations and shall be used whether a plat is required or not- with the exception that
the Director of PARD is substituted for the City Engineer., - cK w✓PJ` '
Improvements must be complete within 2 years from the date of the guarantee. One extension of up to twelve (12) months may be granted upon formal request to the Parks
and Recreation Advisory Board. Onee impfevements are epted by the Git..
Prior to release of any financial guarantee, the following must occur:
1. Improvements must have been accepted by the City,
2. All park property shall have been dedicated to the City,
3 The subdivider shall provide a written guarantee of warranty as per Section 7-F., and
4 The subdivider shall post another financial guarantee in the amount equal to 25% of
the original bond for a period of one year to cover the warranty period.
Once improvements are accepted by the City, the City shall take over ownership and
maintenance of said improvements. At the end of one year, the Director of PARD shall
give written approval that the financial guarantee may be released if any and all warranty
work has been completed..developer- shall a°°a the property and imp she
"Y'
10 B.5 in instanees whefe an area ef less than five (5) A to be dedieated, th
Planning and Zoning Cemmission shall have fl eept the dedi ation for
the Parks and ReeFeation Advisory Beard. The City shall have the Fight to fequire
payment of eash in lieu of land in the ametint pr-evided above, if it deteffflines that
7C[ZiiG2GITT-P[[I area is already in-CT1G-tJPOIIG QOII[alIl in the . area of the proposed
development, or- if the reer 1 for- that zene would be bettef ,
expanding .r:n rLc
10 B.6 The ,1 t' ed by this seetien shall be add by filing of the final plat-ter
qtient to the filing of the finai plat. if the aetual nuffiber- of eempleted dwelling unit-s
a.+ a cll~r.° firgV°..QT.° ~v ie based, eh additional
shall dedieation shail be r-equir-ed, and shall be made by payment of the eash in lietl of land-
amount pr-evided above, ef by the eefiveyanee ef an entire numbefed lot to the City. Fe
c~a,cccr--i~hTrrcrT the original ~e~iEatt633 was .1 di ♦ d ♦ made with the filing of a .slat the additional dedieation
multi family development of: development wher-e paddand Y~,as neither pr-evieusly
:t appheation,
10-B.7 The City may from time to time decide to purchase land for parks in or near the area of
actual or potential development. If the City does purchase park 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 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. I 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 structures
constructed upon property is greater than the former assumed density. Additional dedica-
tion 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund; Right to Refund
10-D.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
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 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 prorata refund 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 Park and Open Space Recreation, Park and Open Sapce Master Plan is intended
to provide the College Station Parks and 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 parks 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 are established by the City's Comprehensive Plan, in the Park and Open
Space element and are configured to indicate service areas for neighborhood parks. Zone
boundaries are 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 recreation
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.
(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 would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City staff
and must meet specific parks specifications.
10-17.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where physically feasible, park sites should be located adjacent to greenways
and/or schools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-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
-Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board and its
recommendation given to the Commission. The Commission may make a decision
contrary to such recommendations only by a concurring vote of at least five (5) members.
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 one thousand population. Fees shall
be set by resolution of the City Council.
A
SECTION 10: REQUIREMENTS 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 (Vernon
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 requirement into
the procedure for planning and developing property or subdivisions in the city, whether
such development consists of new construction on vacant land or rebuilding 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 served thereby. The park zones established by the Parks and Recreation Department
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 such facilities.
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land 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. Dedications shall be based on dwelling unit numbers as proposed for
the entire development Increases in unit count will require appropriate increases in fees paid.
10-B-1 Land Dedication
)Whenevew -a final plat is filed of r-eeefd with the Catinty Clerk of Brazes County
development of a residential area in aeeefdanee with the plafming and zefling fegulatiefis
of the City, stieh plat shall eentain a elear f~e simple dedieation ef an afea of land to the
City for park purposes. Any and all parkland required to meet the dedication under this
section shall be dedicated in fee simple by a final plat. -For single family developments
the area of land to be dedicated for parkland purposes is area shall be equal to one (1)
acre for each one hundred and one (101) proposed dwelling units. For duplex and other
multi-family development this area shall be equal to one (1) acre for each one hundred
and twenty-five (125) proposed dwelling units. For methodology refer to Appendix 1
attached herein and incorporated and made apart of this ordinance for all purposes.
Any proposed plat submitted to the City fef appreval shall shew the area proposed to be
a a' a ae- this seetion The required land dedication of this subsection may be met
by a payment of money in lieu of land when permitted or required by the other provisions
of this section.
In the event a plat is not required this dedication shall be met prior to the issuance of a
building permit.
Timin /Pg hasing
The full parkland dedication shall be made prior to the filing of any final plats for single
family, duplex or townhouse development or prior to the issuance of any building permits
for multi-family development unless approval has been previously granted for phasing of
this dedication.
i
The Parks Board may recommend phasing, of a residential development such that the
parkland may be dedicated in pieces with each final plat This phasing shall be so
indicated on a preliminary plat and approved by the Planning & Zoning Commission. In
the event that phasing of the required parkland is approved there shall be a guarantee
posted to cover the land dedication fee for those portions not vet dedicated. This
guarantee shall be posted r' final plat for single family, duplexer,
townhouse develo or rior to issuance of an ui i / amil
development. twos b Q°/ ,ems
Rox's suggestion.
In the ent that the proposed phasing of the parkland dedication is approved, the
subdivide hall deposit a financial guarantee to cover the it market value of the land
for those po ns not yet dedicated. This guarantee sha a posted prior to the filing of
any final plat for 'n le family, duplex lex or townhouse elo ment or prior to issuance of
ment.
an building ermiL, r multi-family development.
fef the development eff:§iih-di, A deposit is calculated by in iplying the umber of acres of parkland required to be
dedicated by the average value o n acr of land in the subdivision. The average value
of an acre of land in the subdivision ' Iculated by dividing the fair market value of the
land in the subdivision by the nu of acres in the subdivision. To make this
calculation, the subdivider may sel t one a following fair market value determinations:
1. the current fair market v e of the land as wn on the records of the tax appraisal
district;
2. The current fair ma et value of the land as det ined by a qualified real estate
appraiser at the s divider's expense, if the City's la agent approves the appraiser
and certifies th the appraisal fairly reflects the land valu ,
3. The current it market value of the land as determined b a qualified real estate
appraiser ployed by the city.
10-13.2 Fee in Lieu of Land
A landowner 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, for any required dedication of five
(5) acres or more or for any development containing floodplain or greenway, the land
owner must obtain a recommendation from the Parks and Recreation Adivsory Board and
approval for the cash payment in lieu of land from the Planning & Zoning Commission
pursuant to the plat approval procedures set out in- Article 3.3 of the Unified
Development OrdinanceChapt°r- 9, Seetion 6- Such payment in 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 is not required. For required dedications of less
than five (5) acres in proposed developments containing no floodplain or reg enway, the
dedication of land or the fee in lieu option will be determined by the Director of Parks
and Recreation or his designee. QQn,eo .p f=o4&*AeTa 16D>VJ~>
The fee in lieu of land dedication requirement shall be met by a payment of a fee set from
time to time by resolution by the City Council, sufficient to acquire neighborhood
parkland. Unless changed by the City Council, such per-acre price shall be computed on
the basis of one hundred and ninety-eight dollars ($198) per dwelling unit for single
family development and one hundred and sixty dollars ($160) per dwelling unit for
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.
10-13.3 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 meet
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 -_fifty-eight dollars ($358) per dwelling unit for single family
developments and two hundred and ninety-two ($292) for duplex and multi-family
developments. This fee shall be paid with each final plat submitted for single family.
duplex or townhouse development or with the building permit for multi-family
development. Refer to Appendix 1. Cash payments may be used only for development or
acquisition of a neighborhood park located within the same zone as the development.
10-13.4 Park Development Option 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 and Recreation Advisory Board as per criteria established by the
Board. -In all cases the value of the improvements shall meet or exceed the amount of
the required park development fee. All improvements shall eitheF be financially
guaranteed ° °"ted by the City p6of to the filing of a plat the ease of p! tt° 1
Diet-required in an amount equal to the required development fee. This guarantee shall be
filed prior to the filing of any final plats for single family, duplex or townhouse
development or prior to any building permits for multi-family development. 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, with the exception that
she Director of PARD is substituted for the City En ig neer.- O_L~ Vt,
04
'o `1m1-rovements must be c 1 4094 49 501- of
within 2 from the date of the
0Y uarantee n m@rirh extensio ma be ranted upon formal
6cp request to the Parks and Recreation Advisory Board. The subdivider shall provide a
written guarantee of warranty as per Section 7-F. Once improvements are aeeepted by the
City the
Prior to release of any financial guarantee improvements must have been accepted by the
City, all park property shall have been dedicated to the City and the subdivider shall post
another financial guarantee in the amount equal to 25% of the original bond for a period
of one year to cover the warranty period. Once improvements are accepted by the City,
the City shall take over ownership and maintenance of said improvements. At the end of
one year, the Director of PARD shall give written approval that the financial guarantee
may be released if any and all warranty work has been completed..develeper- shall deed
the pr-eperty and improvements te the City, 111~
Pla d
The shall have the right to require
payment of cash in lieu of land in the amount provided above, if it determines that
sufficient park area is already in the public domain in the area of the proposed
development, or if the recreation potential for that zone would be better served by
expanding or improving existing parks.
10-B,,V r
r- dice-t[ial naml5er 01 completed-4weffing unit's
on w is t e ongina a ication was based, such a i 'onal
, an s a e 09-814 `1
amount nveyance o an entire
n
in
as neither previously
dicated not i 01 or
r payme u require by is section s a the bui ding
J
10-Bj The City may from time to time decide to purchase land for parks in or near the area of
actual or potential development. If the City does purchase park 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 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. I Credit shall be given for land and/or money dedicated pursuanto 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 structures
constructed upon property is greater than the former assumed density. Additional dedica-
tion 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund; Right to Refund
10-D.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as
the park land dedication fund.
10-13.2 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 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 prorata refund 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,
barred g, or such right shall be j
j~in writin
. ~ace_ (~.~G4vl
10-E _ Plan Considerations Penal
10-E.1 The f ark and Open Space nal is intended to provide the College Station Parks and
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
parks 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 are established by the City's Comprehensive Plan and are configured to
indicate service areas for neighborhood parks. Zone boundaries are 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 recreation
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.
(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 would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City staff
and must meet specific parks specifications.
10-F.2 Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines should be used in designing parks and
adjacent development.
(a) Where easible, park sites should be located adjacent to greenways
and/or sc ools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street and
greenways connections to existing or future adjoining subdivisions may be
required to provide reasonable access to parks.
(c) Where a non-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
he Planning and Zoning Commission if public benefit is established.
(d) I s 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.
'te(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
-Any proposal considered by the Planning and Zoning Commission under this section
shall have been reviewed by the Parks and Recreation Advisory Board and its
recommendation given to the Commission. The Commission may make a decision
contrary to such recommendations only by a concurring vote of at least five (5) members.
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 one thousand population. Fees shall
be set by resolution of the City Council.
[Jane Kee --Re: parkland ord. Pagel
From: Steve Beachy
To: Jane Kee
Date: 1/8/2004 5:05:22 PM
Subject: Re: parkland ord.
There is a typo in the spelling of "direc r" Vitem.is own. Also, add that in taking it to the Board next
week, it will be their first discussion of this he first draft at this poi nt and will probably be
discussed at a future meeting for formal aommend to the PnZ and City Council. Don't want to
give the impression that the Board is reada final recommendation next week - just the first look
at it.
Thanks, again ! Modern miracles still happen - It's a miracle when anything actually ever gets
accomplished around here
Steve Beachy
Director of Parks & Recreation
College Station, Texas
(979) 764-3413
Jane Kee 1/8/2004 4:43:49 PM
Below is my response to Rox on her comments on the parkland ord. please read it carfeully. i won't send
it to her until you have read it in case there's something I'm missing. Attached is the ord. for your
reference. Thanks
FROM JANE
Thanks for the review. To keep some order here my responses are in bold.
Jane Kee, AICP
City Planner
City of College Station
College Station, Tx. 77845
(979)764-3570
FAX (979)764-3496
College Station. Embracing the Past, Exploring the Future.
Roxanne Nemcik 1/8/2004 1:36:03 PM
Jane,
I returned the ordinance to you on September 3rd and just received from you for review again on January
6th. Since you are taking this to the Parks Board on Tuesday, I don't have much time to give it an in-depth
review. However, the following are my comments on the ordinance revision a written:
Section 10.13.4 and Section 10.8.2
Section 10.B.2. authorizes the parks director to require payment of cash in lie of land. In order to delegate
this authority to the Parks Director you have to have clear and specific standards under which he may
exercise this authority. The criteria you have inserted are too broad.
We are using the same criteria the Board has always used and uses today to decide whether to
accept cash in lieu.(Section 10.6.5). Also Section 10.E.1 & 2 reference comp plan considerations.
This is the guide for whether they need additional land or not.
Jane Kee - Re: parkland ord. Page 2
Second, the Parks and Recreation Board is advisory only. Therefore, they can make no final decisions on
any matter. Consequently, the board does not have the authority to approve the Parks Director decicision.
Ultimately any plat calling for less than 5 acres of parkland will either be Ren ' roved by
staff or a plat going to the P&Z for approval. I will change the word wher ie or m
forward it to the Board for "recommendation" rather then consideration. e Boar d roved by
technically making a recommendation either to the development services staff authorized to
approve minor plats or to the P&Z.
The other option is to place these items on the Board's consent agenda. This doesn't accomplish
the goal though which was to streamline these small development dedications kind of like we do
with minor plats.
Third, there is no criteria specifying when and under what circumstances the Parks Director forwards his
decision for final consideration, which would have to be to the P&Z.
If we do the consent agenda idea, then that would address this, correct?
With the revision of the LIDO and other code sections, the City Manager has had a preference for inserting
the City Manager or his designee for approvals of any kind in the ordinance. Therefore, I would suggest
that you speak with the City Manager's Office to determine whether he would like the Parks Director in the
ordinance or the City Manager or his designee.
This language is a duplicate of what is in the guarantee of performance section in the current
regulations. The City Engineer determines if the performance guarantee for infrastructure is
sufficient. In this case, because we are talking about playgroud and other park improvments we
put the Director of PARD. How about if we say the City Manager or his designee. I'll make that
change.
Section 10.13.4 is insufficient to cover the guarantee section. It should be rewritten. I can help you do this
if you explain what you want regarding the guarantee.
c
n c - eor)
Rleelse-ex} why it is insufficient since it references Section 7 which is the section we use for all
infrastructure guarantees.
The criteria for acceptance of the approval should be established in some standards either in this
ordinance or in another published technical manual that is referenced.
The criteria for acceptance will be in a technical manual developed by Parks. It will be called
Neighborhood Park Development Standards. I will reference it in this section.
Additionally, I would suggest while you are revising the ordinance that the staff consider adding standards
for the acceptance of parkland and include some provisions regarding the state of title that the City will
accept. Also, that the Parks Director has the authority to request any documents to verify the state of title.
Steve nor I understand what you are getting at here. I recall you talking about getting bills for
taxes when we accept land in the middle of a year or something. Is this the issue? If it is, please
just write what you think we need and I'll insert it. r.
We will keep this on the Parks Board agenda for Tuesday for their discussion. hanks again for
your review.
Jane Kee 1/6/2004 10:54:32 AM W~
Steve and Ric and I met and this is the revised version. You've seen the bulk of it already. We are taking
NL~ ~ .
Jane Kee - Re: parkland ord. i Page 3
this to the Parks Board next Tuesday to brief them and get input. Steve and Ric felt that the section
requiring an appraisal to calculate t e bond when a developer wants to phase parkland is too
cumbersome and time consuming -l tend to agree. Steve and Ric feel comfortable with a bond in the
amount of the land dedication fee.
One is a clean version and the other has the strikeouts.
The ordinance attached is for the amendment to the parkland section AND includes two housekeping
items regarding sidewalk variance process and PDD considerations. Both should have been done back
when Council got out of the platting business but were overlooked.
Jane Kee, AICP
City Planner
City of College Station
College Station, Tx. 77845
(979)764-3570
FAX (979)764-3496
College Station. Embracing the Past, Exploring the Future.
Parkland Dedication Ordinance
Original - 1981
Amended in 1999
Required review in 2002
Purpose - Primary cost of neighborhood parks should be borne by the residential property
owners, who by their proximity to such parks shall be the primary beneficiaries.
2 Dedication Requirements:
Actual Land dedication or Fee in Lieu of a land dedication
Development Fee or actual development in lieu of the fee
Fee calculations based on current service level (how many acres of neighborhood
parkland per population) and what it costs to buy parkland and develop a neighborhood
park.
Fee must be spent within a certain park zone and within a certain time frame (5years)
Refer to the appendix at the end of the parkland dedication section to see how the fees are
calculated.
Current Dedication Review Process
1. When a development is large enough to require a land dedication, Development
Services refers to PARD for review and recommendation.
2. Parks and Recreation dept. staff review and analysis.
a. Cash dedication
b. If not cash, then review by Parks and Recreation Advisory Board
3. Parks Board review of land dedication with possible on-site visit.
4. Recommendation from Parks and Recreation Advisory Board to Planning and
Zoning Commission.
5. Planning and Zoning Commission review of Parks and Recreation Advisory
Board recommendation.
6. Land is dedicated by deed or plat.
7. Cash is paid before plat is filed or prior to issuance of building permit.
Current Design Process
1. Dedication.
2. Refer to Parks Recreation, Park and Open Space Master Plan for zone needs.
3. Public Hearings with the Parks and Recreation Advisory Board.
a. Neighborhood needs assessment
b. Conceptual plan alternates
c. Neighborhood park Master Plan
1. Parks and Recreation Advisory Board recommendation
2. City Council approval.
Neighborhood Park Site Selection Criteria from subdivision regulations/Parks Dept.
• Sites should be located substantially outside of the floodplain.
• Neighborhood park sites should be adjacent to residential areas in a manner that
serves the greatest number of users.
• Neighborhood park sites should be located so that users are not required to cross
major thoroughfares to access them.
• Sites should not have unusual topo that would render them unusable for organized
recreational activities.
• Sites should have existing trees or other scenic elements.
• Sites should be easy to access and open to public view.
• Sites should be located adjacent to schools, where possible, in order to encourage
both shared facilities and the potential co-development of new sites.
• Subdivisions adjacent to parks should be designed to allow use of the park by
surrounding subdivisions.
• Non-residential uses that directly abut a park site must be screened.
• Sites should be located adjacent to the open space system so that connections to the
trail network may be easily achieved.
• Parks should be developed in a way that allows for maximum visibility into the site
from surrounding residential roads in order to maximize security.
• Parks should have multiple access points to facilitate access from surrounding
neighborhoods.
• Community parks located within residential neighborhoods should be developed in a
manner that protects the residences from objectionable light, noise, and traffic.
• Sites should have no storm water detention facilities.
City of College Station
PARKLAND
DEDICATOI
ORDINANCE
CURRENT LEVEL OF
SERVICE
X420 ac. - Neighborhood &
Community Parks
w7 acres 11,000 pop. - Both
w3.5 acres / 1,000 pop. - Neigh.
PARKLAND DEDICATION
ORDINANCE
zwAdopted - 1981
w3 Basic Criteria
. fee per unit to be spent within
certain zones within a certain
time frame
PARKLAND DEDICATION
ORDINANCE
zwFee adopted -1981
$225 per unit
wConsumer Price Index - 1998
$418 per unit
PARKLAND DEDICATION
ORDINANCE
Missed Revenue
.1985-1998 - $729,000
01998 -$155,000
PARKLAND DEDICATION
ORDINANCE
zwWho Should Pay??
PARKLAND REVISION
PROCESS
,-Council Issue #12 - Comp Plan
z-Subcommittee Review
. P&Z Chairman Massey
. P8Z Rep. Garner
. Parks Board Chairman Barzilla
. Parks Board Rep. Crompton
,-Focus Group Review
OPTIONS
,-Lower Service Level
,-Maintain Current Level
. Raise Fees
*Support with Bonds
PARKLAND DEDICATION
ORDINANCE
z-A - Purpose
Primary cost of neighborhood
parks should be borne by
residential property owners, who
by proximity to such parks shall
be primary beneficiaries.
R
PARKLAND DEDICATION
ORDINANCE
-A - Purpose
,-B - Fee I Dedication Required
zwC - Prior Dedication
r►D - Right to Refund
z►E - Comp Plan Reference
z-F - Specific Criteria
zwG - Approval
,-H - Review of Fees
DEDICATION REQUIREMENT
twEither Land or Fee In Lieu
-Fee for Development Cost or
Development In Lieu
LAND DEDICATION
METHODOLOGY
r►Calculation Based on:
. Current Service Level
- 3.5 acre neigh. parkland 11,000 pop.
. Person per Household - Census
zwRequirement
. SF - One acre per 101 Units
. MF - One acre per 134 Units
FEE IN LIEU OF LAND
DEDICATION
zwCalculation Based on:
. Acquisition cost - $15,000 / acre
z►Requirement
. SF - $15,000 / 101 DU = $148 / Unit
. MF - $15,000 / 134 DU = $112 / Unit
DEVELOPMENT FEE
zwAverage Dev. Cost per Acre - $31,250
z-Requirement
. SF - $31,250 / 101 Units = $309 / Unit
. MF - $31,250 1134 Units = $233 / Unit
rwAlternative
TOTAL FEE REQUIRED
,-Single Family
. Land - $148
. Dev. - $309
z !Multi Family
. Land - $112
. Dev. - $233
RIGHT TO REFUND
,-Escrow Time
. changed to 5 years
DESIGN CRITERIA
z-"Floodable" Land
,-Central Locations
,-Safety
,-Topo / Scenic Elements
,-Adjacent to Schools
,-Easy Access
,-Street Frontage
PARKLAND DEDICATION
ORDINANCE
,-Focus Group - ,tune
,-Parks Board - October
,-Commission - October
,-Focus Group - November
,-City Council - December
,-Effective Date?
OPTIONS
,-Lower Service Level
,-Maintain Current Level
. Raise Fees
. Support with Bonds
P
1
SECTION 10: REQUIREMENTS 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
(VERNON 1988; VERNON SuPP. 2003). It is hereby declared by the City Council that
recreational areas in the form of neighborhood parks are necessary and in the public wel-
fare, and that the only adequate procedure to provide for same is by integrating such a
requirement into the procedure for planning and developing property or subdivisions in
the city, whether such development consists of new construction on vacant land or
rebuilding 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 served thereby. The park zones established by the Parks and Recreation Department
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 such facilities.
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes:
10-B General Requirement
Dedications under this ordinance shall cover both land and developme eighborhood
parks for gal of residential development. Dedications shall b ased on the actual her of
dwelling units pro sed for the entire development reflected o the sub itted to
the Any increase or decrease in unit count wil u o ssion of a
~tza~ pl and ~~-pplicant will remit any additional fees with the final plat submission. An
applicant may file a request for a refund for any overpayment. The refund must be in writing and
filed with the Director of Parks and Recreation not later than 180 days after final plat approval...
10-13-1 Land Dedication
Any and all parkland required to meet the dedication under this section shall be dedicated
in fee simple by a final plat. For single family development the amount of land required
to be dedicated as park land shall be as follows:
Single family - (1) one acre perl01 dwelling units.
Duplex/multi-family - (1) one acre per 125dwelling units.
For methodology refer to Appendix I attached herein and incorporated and made a part of this ordinance for
all purposes.
A subdivider may meet the parkland dedication requirements by paying money in lieu of
land when permitted or required by the other provisions of this section.
In the event a plat is not required under the City of College Station Code of Ordinances
this dedication or payment of money in lieu of land shall be met prior to the issuance of a
building permit.
Timing/Phasing
The full parkland dedication shall be made prior to the filing of any final plat or issuance
of any building permit, whichever first occurs, for a residential development., unless
approval has been previously granted for phasing of this dedication.
J
The Parks Board may recommend phasing of a residential development and recommend
that the parkland may be dedicated in pieces with each final plat. This phasing shall be
depicted and appropriately labled on a development plan. The Planning and Zoning
Commission may approve or disapprove the phasing. In the event that the proposed
phasing of the parkland dedication is approved, the subdivider shall deposit a financial
guarantee to cover the fair market value of the land for those portions not yet dedicated.
This guarantee shall be posted prior to the filing of any final plat for the development or
subdivision.
A deposit is calculated by multiplying the number of acres of parkland required to be
dedicated by the average value of an acre of land in the subdivision. The average value
of an acre of land in the subdivision is calculated by dividing the fair market value of the
land in the subdivision by the number of acres in the subdivision. To make this
calculation, the subdivider may select one the following fair market value determinations:
1. the current fair market value of the land as shown on the records of the tax appraisal
district;
2. The current fair market value of the land as determined by a qualified real estate
appraiser at the subdivider's expense, if the City's land agent approves the appraiser
and certifies that the appraisal fairly reflects the land value;
3. The current fair market value of the land as determined by a qualified real estate
appraiser employed by the city.
In the event that a landowner elects to plat in phases according to a master development
plat or plan the dedication shall be made as follows:
1. We need some criteria for phasing
10-B.2 Fee in Lieu of Land
A landowner 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 obtain a
recommendation from the Parks and Recreation Advisory Board and approval for the
cash payment in lieu of land from the Planning & Zoning Commission pursuant to the
plat approval procedures set out in need a UDO reference??. Such payment in 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 is not required.
The fee in lieu of land dedication requirement shall be met by a payment of a fee set from
time to time by resolution by the City Council, sufficient to acquire neighborhood
parkland. Unless changed by the City Council, such per-acre price shall be computed on
the basis of one hundred and ninety-eight dollars ($198) per dwelling unit for single
family development and one hundred and sixty dollars ($160) per dwelling unit for
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 meet
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 fifty-eight dollars ($358) per dwelling unit for single family
developments and two hundred and ninety-two ($292) for duplex and multi-family
developments. This fee shall be paid with each final plat submitted for the development.
Refer to Appendix 1. Cash payments may be used only for development or acquisition of
a neighborhood park located within the same zone as the development.
10-B.4 Park Development in Lieu of Park Development Fee
A developer may construct the neighborhood park improvements insteadof paying the
park development fee. The subdivider shall submit development plans and specifications
to the Director of Parks and Recreation for review and approval. The Parks and
Recreation Director shall submit the plans and specifications with comments and/or
recommendations to the Parks and Recreation Advisory Board for review as per criteria
established by the Board. (Publish some park development standards manual or
something for folks to use)
All improvements shall be financially guaranteed in an amount equal to the required
development fee or the estimated cost of the proposed improvements, whichever is
greater This guarantee shall be submitted to (who collects the fee?) at the time of
submission of final plat forsingle family, duplex or townhouse development or prior to
building permit issuance for multi-family development.
The 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. Improvements must be
complete by the time that 50% of the lots are platted or 50% of any multi-family units are
permitted or within 2 and 1/2 years from the date of the guarantee, whichever comes first.
A subdivider may apply for One six-month extension to complete the improvements.
The request must be in writing and submitted to the Parks and Recreation Advisory
Board. The improvements shall be dedicated to the City. The subdivider must provide a
one year warranty on all workmanship and materials unless a longer warranty is provided
by the manufacturer. All manufacturer warranty's shall be passed through to the City at
the time of dedication. Once improvements are inspected and accepted by the City the
City shall then take over ownership and maintenance of said improvements.
DO WE NEED TO SAY SOMETHING ABOUT FORFEITURE OF THE BOND???????
10-13.5 In instances where an area of less than five (5) acres is required to be dedicated, the
Planning and Zoning Commission shall have the right to accept the dedication for
approval on the final plat, or to refuse same, after consideration of the recommendation of
the Parks and Recreation Advisory Board. The City shall have the right to require
payment of cash in lieu of land in the amount provided above, if it determines that
sufficient park area is already in the public domain in the area of the proposed
development, or if the recreation potential for that zone would be better served by
expanding or improving existing parks.
10-13.6 The dedication required by this section shall be made by filing of the final plat or
contemporaneously by separate instrument unless additional dedication is required subse-
quent 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 shall be made by payment of the cash in lieu of land
amount provided above, or by the conveyance of an entire numbered lot to the City. For
multi-family development or development where parkland was neither previously
dedicated not payment made with the filing of a plat, the additional dedication or
payment in lieu of land required by this section shall be made at the time of the building
permit application.
10-13.7 The City may from time to time decide to purchase land for parks in or near the area of
actual or potential development. If the City does purchase park 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 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 structures
constructed upon property is greater than the former assumed density. Additional dedica-
tion 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 Planning & Zoning Commission , any former gift of land to the
City may be credited on a per acre basis toward eventual land dedication requirements
imposed on the donor of such lands. The Planning and Zoning Commission shall
consider the recommendation of the Parks and Recreation Advisory Board in exercising
its discretion under this subsection.
10-D Special Fund; Right to Refund
10-13.1 There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as
the park land dedication fund.
10-13.2 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 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 prorata refund 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 Park and Open Space Plan is intended to provide the College Station Parks and
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
parks 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 are established by the City's Comprehensive Plan and are configured to
indicate service areas for neighborhood parks. Zone boundaries are established that
follow key topographic features such as major thoroughfares, streams, and city limit
lines.
10-F Additional Requirements; Definitions
10-17.1 Any land dedicated to the city under this section must be suitable for park and recreation
uses. Consideration will be given to land that is in the 25 year? floodplain or may be
considered "floodable" even though not in a federally regulated floodplain as long as, its
elevation 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.
(b) Neighborhood park sites should be located so that users are not required to cross
arterial roadways to access them.
(c) Sites may not be severely sloping or have unusual topography which would
render the land unusable for organized recreational activities.
(d) Sites should have existing trees or other scenic elements.
(e) Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City staff
and must meet specific parks specifications.
10-F.2 Parks shall be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with
adjacent land uses. The following guidelines shall be used in designing parks and
adjacent development.
(a) Where physically feasible, park sites should be located adjacent to greenways
and/or schools in order to encourage both shared facilities and the potential co-
development of new sites.
(b) A proposed subdivision or development of land adjacent to a park may not be
designed to restrict reasonable access to the park from other area subdivisions.
Street and greenways connections to existing or future adjoining subdivisions
may be required to provide reasonable access to parks.
(c) Where a non-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
Any proposal may not be considered by the Planning and Zoning Commission under
this section unless ithas been reviewed by the Parks and Recreation Advisory Board and
its written recommendation given to the Commission. The Commission may make a
decision contrary to such recommendation only by a concurring vote of at least five (5)
members.
10-H. Review of Dedication Requirements
The City shall review the fees set forth in this section not less than once 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 one thousand
population. Fees shall be set by resolution of the City Council.
Jane Kee - Re: parkland Page 1
From: Ric Ploeger
To: Kee,Jane
Date: 6/13/03 2:17PM
Subject: Re: parkland
Ok , 10-13-2 Should this say that the Parks Board shall recommend before P&Z ? The developer needs to
know that they need to go to the board before P&Z.
10-13.4 - Center of paragraph. This guarantee should be paid? Is it paid , or provided , filed maybe?
I think this also needs to say that the value of the improvements will be based on the # of DU's in the
preliminary Master Plan and that if the final plats total something different then they must pay up.
This also does not cover the issue that developed in Shenandeoah where they wanted to build on existing
city property or does it? If they plat it up front and then decide to do the improvements is this covered?
I will keep thinking about it.
Jane Kee 06/10/03 10:45AM
see if there are loopholes in this and if it makes sense. Take your time and read it several times.
Jane Kee, AICP
City Planner
City of College Station
College Station, Tx. 77845
(979)764-3570
FAX (979)764-3496
College Station. Embracing the Past, Exploring the Future.
Eric Ploeger
City of College Station
P.O. Box 9960
College Station, TX 77842
(979) 764-3415 Phone
(979) 764-3773 Fax
rploeger@ci.college-station.tx.us
CC: Beachy, Steve
`14 The City of
College Station, Texas
Embracing the Past, Exploring the Future.
P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 (979) 764-3500
www.ci.college-station.tx.us
MEMORANDUM
To: Harvey Cargill, Jr., City Attorney
Jane Kee, City Planner
Cheryl Tumey, Purchasing Services Manager
FROM: Eric Ploeger, Assistant Director of Parks and Recreation
DATE: April 7, 2003
SUBJECT: Park Development in Lieu of Fee.
The Park Land Dedication Ordinance allows developers to construct neighborhood park
improvements in lieu of the park development fee as long as the plans and specifications
are reviewed and approved by the Parks and Recreation Advisory Board (refer to
section 10-13.4). This section, as written, assumes that the property dedication has not
been deeded to the City.
The developer of the Shenandoah Subdivision has notified us that he would like to utilize
this portion of the ordinance to install improvements to Shenandoah Park to meet the
requirements of his required dedication fee for future phases of Shenandoah.
Several years ago, before there was a required dedication fee, approximately eight (8)
acres of park land was dedicated in Shenandoah. Future phases recently reviewed by
staff and the Parks and Recreation Advisory Board will require additional acreage to
meet the land dedication requirements of the ordinance. This will be added to the
existing park through the platting process.
Issues:
1. Can the developer install improvements on portions of the park currently platted as a
park and under City ownership?
2. If so, will any written agreement be needed (i.e. insurance)?
3. Can the City contribute existing park land dedication funds to this effort by a private
developer? If so, would this possibly be an oversize participation-type
arrangement?
Encl.: Park Land Dedication Ordinance
cc: Steve Beachy, Director of Parks and Recreation
OBoard/Park Land Ded./ParkDevelopment in Lieu ofFee.doc
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Jane Kee - Park Development in Lieu of Fee Page-111-1
From: Roxanne Nemcik
To: Ric Ploeger
Date: 5/22/03 9:29PM
Subject: Park Development in Lieu of Fee
I received your memo dated May 2, 2003 in which you ask the following question:
If a developer wants to develop a park can he provide a bond under Section 10.b.4 of the subdivision
regulations equal to the value of the requirement development fee with each phase until such time that he
completes the improvements to the park?
ANSWER
The developer may post a bond as a security guarantee. However, the amount of the bond is to
guarantee the value of the improvements not the fees.
OJU-
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V/) G FL,
The City of
College Station, Texas
Embracing the Past, Exploring the Future.
P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 (979) 764-3500
www.ci.college-station.tx.us
MEMORANDUM
TO: Roxanne Nemcik, First Assistant City Attorney
FROM: Eric Ploeger, Assistant Director, Parks and Recreation Department
DATE: May 2, 2003
.SUBJECT: Park Development in Lieu of Fee
Thank you for your response of April 17, 2003 on this matter. We currently have
developers interested in utilizing the park development option and I have an additional
question.
During phased development of a subdivision, portions of any dedicated park are
required to be dedicated with each phase. If the developer wants to develop the park,
can he produce a bond (as per Section 10-13.4. of the Subdivision Regs.) for the value
of the required development fee with each phase until such time that he completes the
improvements to the park? I am assuming that this would be the same as the process
used to guarantee other infrastructure. Once the improvements are complete and
accepted by the City, *e land would be accepted as public property jusT like a street.
Any assistance will be appreciated.
cc: Brett McCully
Jane Kee
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