HomeMy WebLinkAbout1981-1265 - Ordinance - 01/22/1981n
ORDINANCE NO. 1265
AN ORDINANCE PROVIDING REQUIREMENTS FOR PARK LAND DEDICATION; TO PROVIDE
FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION AND PARK DEVELOPMENT;
ESTABLISHING A SPECIAL FUND FOR MONEY PAID FOR PARK DEVELOPMENT; CONTAINING
A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 983 AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
Section 1. Purpose. a) This ordinance is adopted to provide recre-
ational areas in the form of neighborhood parks as a function of subdivision
development in the City of College Station. This ordinance 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, Articles 974a and 1175. 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 subdivision in the City, whether
such development consists of new construction on vacant land or rebuilding
and remodeling of structures on existing residential property.
b) Neighborhood parks are those parks providing for a variety of
outdoor recreational opportunities and 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 neighborbood 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.
Section 2. General requirement, R -1, R -lA, R -2, R -3, R -4, R -5, R -6 land,
to be used for single family, duplex and /or apartment residential purposes.
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2a. 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 ordinances of the City, such plat shall contain a clear
fee simple dedication of an area of land to the City for park purposes, which
area shall equal one acre for each 133 proposed dwelling units. Any proposed
plat submitted to the City for approval shall show the area proposed to
be dedicated under this ordinance. The required dedication of this Section
may be met by a payment of money in leiu of land when permitted or required
by the other provisions of this ordinance.
2b. The City Council declares that development of an area smaller than
one acre for public park purposes is impractical. Therefore, if fewer than
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133 units are proposed by a plat filed for approval, the developer shall
be required to pay the applicable cash in lieu of land amount provided by
Section 4(c), rather than to dedicate any land area. No plat showing a
dedication of less than one acre shall be approved.
2c. In instances where an area of less than 5 acres is required to be
dedicated, the City shall have the right to accept the dedication for
approval on the final plat, or to refuse same, after consideration of the
recommendation of the Planning and Zoning Committee and the Parks and
Recreation Board, and to require payment of cash in lieu of land in the
amount provided by Section 4(c), if the the City 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.
2d. The dedication required by this Ordinance 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 exceed 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 by Section 4(c), or by the conveyance of an entire numbered lot
to the City.
Section 3. Prior Dedication; Absence of Prior Dedication.
3a. Credit shall be given for land and /or money dedicated pursuant
to Ordinance 690 or 983.
3b. If a dedication requirement arose prior to the passage of this
Ordinance, 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 the
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 Section 2 of this Ordinance.
3c. At the discretion of the City, 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 City Council shall consider the
recommendation of the Planning and Zoning Commission and the Parks and
Recreation Board in exercising its discretion under this Section.
Section 4. Money in Lieu of Land.
4a. Subject to veto of the City Council, a land owner responsible for
dedication under this ordinance may elect to meet the requirements of Section 2
in whole or in part by a cash payment in lieu of land, in the amount set
forth in Section 4(c). Such payment in lieu of land shall be made at or
prior to the time of final plat approval.
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4b. 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, subsequent park land dedications for that zone shall
be in cash only, and calculated to reimburse the City's actual cost of acquisition
and development of such land for parks. The cash amount shall be equal to the
sum of a) the average price per acre of such land, and b) the actual cost of
adjacent streets and onsite utilities, or an estimate of such actual cost pro-
vided by the City Engineer. Once the City has been reimbursed entirely for all
such parklands within a park zone, this section shall cease to apply, and the
other sections of this ordinance shall again be applicable.
4c. To the extent that Section 4b is not applicable, the dedication require-
ment shall be met by a payment in lieu of land at a per -acre price set from
time to time by resolution by the City Council, sufficient to acquire land
and provide for adjacent streets and utilities for a neighborhood park to serve
the park zone in which such development is located. Unless changed by the
City Council, such per -acre price shall be computed on the basis of $225
per dwelling unit. Cash payments may be used only for acquisition or
improvement of a neighborhood park located within the same zone as the
development.
Section 5. Comprehensive Plan Considerations. Land shown on a compre-
hensive plan as being suitable for development of the City for a major
recreational center, school site, park, or other public use, shall be reserved,
for a period of one year after the preliminary plat is approved by the City if
within two months after such approval the City Council advises the subdivider
of its desire to acquire the land or of the interest of another government
unit to acquire the land, for purchase by the interested governmental authority
at land appraisal value at the time of purchase. A failure by the City
Council to so notify the subdividershall constitute a waiver of the right to
reserve the land. Any waiver of the right to reserve the land shall no longer
be effective if the preliminary plat shall expire without adoption of a final plat.
Section 6. Special Fund, Right to Refund.
6a. There is hereby established a special fund for the deposit of
all sums paid in lieu of land dedication under this ordinance or any
preceding ordinance, which fund shall be known as the Parkland Dedication Fund.
6b. The City shall account for all sums paid in lieu of land dedication
under this ordinance with reference to the individual plats involved. Any
funds paid for such purposes must be expended by the City within 2 years from
the date received by the City for acquisition of development of a neighbor-
hood 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 year of entitlement, in writing,
or such right shall be barred.
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Section 7. Additional requirements, definitions.
7a. Any land dedicated to the City under this ordinance must be suitable for
park and recreation uses. The following characteristics of a proposed area
are generally unsuitable:
1. Any area primarily located in the 100 year flood plain.
2. Any areas of unusual topography or slope which renders same
unusable for organized recreational activites.
The above characteristics of a park land dedication- area may be ground for
refusal of any preliminary plat.
7b. Drainage areas may be accepted as part of a park if the channel is
constructed in accordance with City Engineering Standards, and if no significant
area of the park is cut off from access by such channel.
7c. Each park must have ready access to public street.
7d. Unless provided otherwise herein, an action by the City shall be
by the City Council, after consideration of the recommendations of the Planning
and Zoning Commission and the Parks and Recreation Board. Any proposal
considered by the Planning and Zoning Commission under this ordinance shall
have been reviewed by the Parks and Recreation Committee and its recommendation
given the Commission. The Commission may make a decision contrary to such
recommendation only by a concurring vote of at least five (5) members. Should
the Commission be unable to get this vote, the matter shall then be referred
to the City Council for its decision.
7e. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect
any other provisions or application of this ordinance which can be given effect
without the invalid provision or application and to this end, the provisions
of this ordinance are declared to be severable.
7f. This ordinance shall become effective upon adoption by the City Council.
Section 8. Repealer.
Ordinance No. 983 is repealed as of the date of this Ordinance provided
that any parkland dedication required by such Ordinance and not satisfte -at
this date shall be made in accordance with that Ordinance as same existed on
the date that dedication or payment in lieu thereof became required.
PASSED and APPROVED this 22nd day of January, 1981.
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ATTEST: ILIA
ITY SECRETARY