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Home My WebLink About1975-0983 - Ordinance - 11/13/1975ORDINANCE NO. 983 AN ORDINANCE PROVIDING FOR PARK DEDICATION; CONTAINING SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. Purposes. The purpose of this ordinance is to provide for sufficient dedication of land and/or cash to provide for neighborhood parks for development of single family, duplex, and apartment living units. Neighborhood parks are defined as those parks providing a variety of outdoor recreational activities and within convenient walking distance from a majority of the residences to be served thereby. Section 2. General Requirement - R-1 land, R-2 and R-3 land; land to be used for single family, duplex, and/or apartment residential purposes. 2-A. One acre of land, or a pro -rated part thereof, shall be dedicated to the public for parks for each 133 dwelling units. 2-B. This requirement may be satisfied in whole or in part under the provisions of Sections 3 and/or 4. 2-C. The required dedication for R-1 and R-2 land shall be made on or before the time the final plat is filed. Dedication at the time the final plat is filed shall be based on the following: in Districts A-0 and R-1, each lot shall be considered one dwelling unit; in District R-2, each lot shall be considered two dwelling units. 2-D. The required dedication for R-3 land and for land to be used for apartment residential purposes shall be made before the building permit is issued. At the election of the subdivider, dedication may be made on or before the final plat is filed and such dedication shall be based on an assumed density determined by the subdivider; however, if the assumed density shall result in insufficient dedication, determined at the time the building permit is requested, additional dedication shall be made on or before the time of the issuance of the building permit. Section 3. Prior Dedication; Absence of Prior Dedication. 3-A. Credit shall be given for land and/or money dedicated pursuant to Ordinance No. 690. 3-B. If there was an actual dedication of land and/or money at the time of the filing of the final plat pursuant to Ordinance No. 690 and if the dedication met the former requirement of 1 acre per 200 dwelling units of Section 10 of Ordinance No. 690, additional dedication shall not be required for apartments to be constructed unless the actual density (determined at the time the building permit is requested) is greater than the former assumed density of 20 dwelling units per acre under said Section 10. Additional dedication shall be required only for the increased density and shall be based on the requirement of Section 2. 3-C. If the actual use sought for land is for single family units, and/or duplex residential units, and/or apartment units and if the prior dedication of land (whether zoned Districts R-1, R-2, or R-3 or some other classification) is insufficient to meet the requirements of Section 2 at the time a building permit is requested (and was insufficient to meet the previous requirements of Section 10 of Ordinance No. 690 if applicable to such dedication based on such actual use), additional dedication shall be required prior to or at the time of the issuance of the building permit and shall be sufficient to meet the requirements of Section 2 based on such actual use. ORDINANCE NO. 983 Page 2 3-D. At the discretion of the City any gift of lands to the City may be credited toward eventual land dedication (or cash payment in lieu thereof) requirement imposed on the owner of a tract of land out of which the donation is made or imposed on the donor of the land, if and when Section 3 requires a dedication. Section 4. Money in Lieu of Land. 4-A. If either the City or the landowner responsible for dedication elects, the requirements of Section 2 shall be met in whole or in part by a cash payment in lieu of land. 4-B. If the City acquired neighborhood parklands after enactment of this ordinance (other than by gift, by land dedication, or by cash payments in lieu thereof) prior to the required dedication of land under Section 2, and located to serve such subdivision, the dedication requirement shall be met by a cash payment equal to the average price per acre of such parkland and actual or estimated cost of adjacent streets and utilities plus interest on such amounts com- pounded annually at six percent (6%), times the number of acres to be dedicated. This provision, however, shall apply only to the extent that the City shall not have been reimbursed for such parkland by other landowners under this provision. 4-C. To the extent that Section 4-B is not applicable, the dedication requirement shall be met by a payment in lieu of land at a per -acre price set by the City Council sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the development. The City Council at its election shall establish a policy for valuation of land or for a cash payment per dwelling unit. Initially, until changed by the City Council, the Section 2 requirement shall be $150 per dwelling unit, subject to reduction under Section 3. Cash payments may be used only for acquisition or improvement of a neighborhood park of service to the area making the contribution. Section 5. Comprehensive Plan Considerations. Land shown on a comprehensive 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 subdivider shall 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. Definitions and Special Conditions. 6-A. Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City Engineering Standards, if there is park land not less than two hundred (200) feet in width adjacent to and outside of the channel, and if the other requirements of this ordinance are met. 6-B. Each park must have ready access to a public street. 6-C. The definitions, concepts, and requirements of Ordinance No. 690 and its successors shall be applicable herein, unless the context of this ordinance requires otherwise. 6-D. Unless provided otherwise herein, an action by the City shall beft y'!✓,, ORDINANCE NO. 983 Page 3 Planning and Zoning Commission with the concurrence of the Parks and Recreation Committee. 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. 6-E. 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. 6-F. This ordinance shall become effective upon adoption by the City Council. READ, PASSED AND ADOPTED this 13th day of November, 1975. APPROVED 7 Mayor ATTEST L !�f /" �y City Secretary •026W