HomeMy WebLinkAbout2007-2997 - Ordinance - 09/13/2007ORDINANCE NO. 2997
AN ORDINANCE AMENDING CHAPTER 9, "SUBDIVISIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
SECTION 10, "PARK LAND DEDICATION", BY INCREASING FEES, EXTENDING PARK
LAND REQUIREMENTS INTO THE ETJ; 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 Exhibit "A", attached hereto and made a
part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
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 Two Thousand Dollars ($2,000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective January 1, 2008.
PASSED, ADOPTED and APPROVED this 13th day of September, 2007.
ATTEST.:
CITY SECRETARY
APPROVED:
MAYOR
APPROVED:
._
~-Signed by Harvey Cargill ~
VERfFY Swthentiaty wrtlt Apprnve~t
CITY ATTORNEY
O~',group//cgaliordinance/amendmentform.doc
approved by llte Purks & Recreadton Advisory Board on May 9, 2006
ORDINANCE NO. 2997
EXHIBIT "A"
Page 2
That Chapter 9, "Subdivisions", of the Code of Ordinances of the City of College Station, Texas,
is hereby amended as follows:
1. By amending SECTION 10: "Requirements for Park Land Dedication" by deleting the
entire section and substituting the following:
SECTION 10: Requirements For Park Land Dedication
10-A Purpose
This section is adopted to provide recreational areas in the form of neighborhood park facilities
as a function of subdivision and site development in the City of College Station and its Extra-
Territorial Jurisdiction (ETJ). 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 Government Code Chapter 212
(Vernon 1999; Vernon Supp. 2004-2005) as amended from time to time.
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
neighborhood parks is by integrating such a requirement into the procedure for planning and
developing property or subdivisions in the City and its ETJ, 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 effect 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 Park Land
Dedication with certain review, recommendation and approval authorities being assigned to the
Planning and Zoning Commission and the Parks and Recreation Advisory Board as specified
herein.
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Dedications shall cover both land acquisition and development costs for neighborhood park land
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 prior to final plat will require
an adjustment in fees paid or land dedicated. If the actual number of dwelling units exceeds the
original estimate additional park land shall be dedicated in accordance with the requirements in
this Section 10 with the filing of a final plat.
The methodology used to calculate fees and land dedications is attached hereto as Appendix I
and incorporated and made a part of this ordinance for all purposes.
Fees paid under this Section may be used only for development or acquisition of neighborhood
parks located within the same Zone as the development.
Land Dedication
For residential developments the area of land to be dedicated for neighborhood park land
purposes shall be determined by the procedures described in Appendix I.
The total amount of land dedicated for the development shall be dedicated in fee simple by plat:
a. Prior to the issuance of any building permits for multi-family development,
b. Concurrently with the final plat for a single phase development,
c. For a phased development the entire park shall be either platted concurrently with
the plat of the first phase of the development or
d. The developer may provide the City with financial security against the future
dedication by providing a bond, irrevocable letter of credit, or other alternative
financial guarantee such as a cash deposit in the amount equal to the number of
acres park land required. The amount of the financial guarantee is calculated by
multiplying the number of acres of park land required to be dedicated by $24,000
as the estimated value of an acre of land in the proposed subdivision.
The financial guarantee will be released to the developer, without interest, upon the filing of the
final plat for the subsequent phase that dedicates the required park land.
2. Fee in Lieu of Land
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The amount of the Fee-in-Lieu of Land ("Fee") shall be set at an amount sufficient to cover the
costs of the acquisition of neighborhood park land.
A landowner may elect to meet the requirements of Section 10.B.1, in whole or in part, by paying
a fee in the amount set forth in Appendix I. Before making this election, for any required
dedication greater than three (3) acres, or for any development containing floodplain or
greenway, the landowner must:
a. Obtain a recommendation from the Parks and Recreation Advisory Board, and
b. Obtain approval from the Planning & Zoning Commission pursuant to the Plat
Approval Procedures in Article 3.3 of the Unified Development Ordinance.
For neighborhood park land, the fee shall be calculated using the procedure described in section
10.B.1d to value the land, and the procedure shown in Appendix I to calculate the total amount of
the fee which shall be remitted:
• Prior to the issuance of any building permits for multi-family development; 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 facility located
within the same Zone as the development.
The City Manager or his designee is authorized to accept the Fee for dedications of fewer than
three (3) acres where:
• There is a sufficient amount of park land existing in the park zone of the proposed
development or
• The proposed dedication is insufficient for a Neighborhood Park site under existing park
design standards.
This determination shall be made based on the Recreation, Park & Open Space Master Plan, as
amended from time to time.
3. Park Development Fee
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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 Park Improvements Standards to serve the zone in which such
development is located. This fee and the estimate of neighborhood park improvement costs shall
be computed as shown in Appendix I. The total fee shall be paid upon submission of each final
plat or upon application for a building permit, whichever is applicable.
4. Park Development Option in Lieu of Fee
A landowner may elect to construct the neighborhood park improvements in lieu of paying the
Park Development Fee under the following terms and conditions:
a. A park site plan, developed in cooperation with the Parks and Recreation
Department staff, must be submitted to the City Manager or his designee for
review. A site plan approved by the Director of Parks and Recreation and Parks
and Recreation Advisory Board is required upon submission of each final plat or
upon application for a building permit, whichever is applicable.
b. Within twelve (12) months from the date of said submission or application the
landowner shall submit detailed plans and specifications in compliance with the
site plan to the City Manager or his designee for review and approval.
c. All plans and specifications shall meet or exceed the Manual of Park
Improvement Standards in effect at the time of the submission.
d. If the improvements are constructed on land that has already been dedicated to
and/or is owned by the City, then the Developer must post Payment and
Performance Bonds to guarantee the payment to subcontractors and suppliers and
to guarantee Developer completes the work in accordance with the approved
plans, specifications, ordinances, other applicable laws and that City has issued a
Certificate of Completion for the improvements.
e. The construction of all improvements must be completed within two (2) years
from the date of the approval of the plans and specifications. A final, one-time
extension of twelve months may be granted by the Administrator upon
demonstration that said improvements are at least 50% constructed.
f. Completion and Acceptance -Park development will be considered complete and
a Certificate of Completion will be issued after the following requirements are
met:
i. Improvements have been constructed in accordance with the Approved
Plans,
ii. All Park Land upon which the improvements have been constructed has
been dedicated as required under this ordinance and
iii. All manufacturers' warranties have been provided for any equipment.
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g. Upon issuance of a Certificate of Completion, Landowner warrants the improvements for
a period of one (1) year as per the requirements in the Manual of Park Improvements
Standards.
h. The developer shall be liable for any costs required to complete park development if:
Developer fails to complete the improvements in accordance with the
Approved Plans
ii. Developer fails to complete any warranty work
5. Reimbursement for City Acquired Park Land
The City may from time to time acquire land for parks in or near an area of actual or potential
development. If the City does acquire park land in a park zone, the City may require subsequent
Park Land dedications for that zone to be in Fee-in Lieu-of--Land only. This will be to reimburse
the City for the cost(s) of acquisition. Once the City has been reimbursed entirely for all such
Park Land within a park zone, this Section shall cease to apply.
10-C Prior Dedication or Absence of Prior Dedication
If a dedication requirement arose prior to enactment of this Section 10, 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 Section
10.B. (Credit shall be given for land dedicated or fees paid pursuant to prior Park Land
Ordinance Nos. 690, 983 or 2546.)
10-D 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 Recreation, Park and Open
Space Master 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, city limit and ETJ boundary lines Park Zones may be created or amended by the
Recreation, Park and Open Space Master Plan as dedications or circumstances dictate.
10-E Special Fund; Right to Refund
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1. All Park Land fees will be deposited in a fund referenced to the park zone involved.
Funds deposited into a particular park zone fund may only be expended for land or
improvements in that zone.
2. The City shall account for all fees-in-lieu-of land paid under this Section with reference
to the individual plat(s) involved. Any fees 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 landowners of the property
on the expiration 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-F Park Land 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 taxes 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 or plat.
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 or
have unusual topography which would render the land unusable for organized
recreational activities.
3. Land in floodplains or designated greenways will be considered on a two for one basis.
Two acres of floodplain or greenway will be equal to one acre of park land
4. 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.
5. 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.
6. Sites should have existing trees or other scenic elements.
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7. 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 Park Improvements
Ctanrlarrlc
8. Where park sites are adjacent to Greenways, Schools existing or proposed subdivisions,
access ways may be required to facilitate public access to provide public access to parks.
9. It is desirable that fifty percent (50%) of the perimeter of a park should abut a public
street.
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 the recommendation by a majority vote.
10-H Review of Land Dedication Requirements and Dedication and Development Fee
The City shall review the Fees established and amount of land dedication required at least once
every three (3) years. The City shall take into account inflation as it affects land acquisition and
park development costs as well as changes in the City's existing level of service. Fees are
authorized to be set by resolution of the City Council.
10-I 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,
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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.
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ORDINANCE NO. 2997
APPENDIX I
PARK LAND DEDICATION FEE METHODOLOGY
NEIGHBORHOOD PARK REQUIREMENTS
I. Land Requirements for Neighborhood Parks
The current level of service is one (1) acre per 276 people.
2006 Total Population - 77,261.
Page 10
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.
Single Family Multi-Family
276 people / 2.80 PPH = 98 DUs 276 people / 2.28 PPH= 121 DUs
1 Acre per 98 DUs I Acre per 121 DUs
II. Neighborhood Park Acquisition Costs (Determines Fee in Lieu of Land)
One (1) acre costs $24, 000 to purchase.
Single Family
$24,000 /98 DUs = $245 per DU
Multi-Family
$24,000 / 121 DUs = $ l 98 per DU
III. Neighborhood Park Development Costs (Determines Fee for Development)
• The cost of improvements in an average Neighborhood Park in College Station is
$516,450.a
One Neighborhood Park serves 2,207 people, based on a total city population of
77,261 being served by 35 parks (count includes neighborhood parks and 6 mini
parks).
• It costs $234 per person to develop an average intergenerational neighborhood park.
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Single Family
$234 x 2.80 PPH = $655 per DU
IV. Total Neighborhood Park Fee:
Single Family
$245 + $655 = $900
Footnote a
NEIGHBORHOOD PARK COST ESTIMATES WINTER 2005
Multi-Family
$198 + $533 = $731
1. Basketball Court $35,000
2. 6' Sidewalk @ $5.00 per SF x 4000 LF $120,000
3. Handicap Accessible Ramp x 2 $2,000
4. Bridge (Average 30') $30,000
5. Picnic Unit (slab, table, trash can, grill) @ $3,000 x 2 $6,000
6. Shelter & Slab (2 picnic tables w/trash cans) $34,000
7. Area Lights (12' ht.) @ $3,000 x 20 $60,000
8. 2' x 8' Park Sign (Cylex) and Keystone Planter Bed $4,000
9. Benches {painted steel) with slab @ $2,000 x 4 $8,000
10. Bicycle Rack $1,000
11. 50 Trees (30-45 gal. installed) w/Irrigation @ $350 $17,000
11. Lawn Irrigation (average area) $3,000
12. Drinking Fountain (concrete -handicap accessible, dual height, dog dish) $7,500
13. Water Meter 1.5" $1,000
14. Electric Meter/Panel $2,000
15. Finish Sodding, Grading & Seeding $3,000
16. Drain Lines @ $15 LF (Average 100') $1,500
17. Swing Set w/Rubber & Gravel Mix $10,000
18. Playground w/Concrete base & Rubber Surfacing $50,000
19. Playground Shade Cover $15,000
20. Galvanized Fence @ $35 LF 2,500' $87,500
21. Pond $30,000
Sub Total $469,500
10% Contingency $46,950
Page 11
Multi-Family
$234 x 2.28 PPH = $533 per DU
Total $516,450
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