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Home My WebLink About2017-3953 - Ordinance - 10/26/2017 ORDINANCE NO.2017-3953 AN ORDINANCE AMENDING APPENDIX A, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 8, "SUBDIVISION DESIGN AND IMPROVEMENTS," SECTION 12-8.8(A) "PURPOSE," SECTION 12-8.8(C)(9) "USE OF FEES," SECTION 12-8.8(F)(2) "SPECIAL FUND; RIGHT TO REFUND" 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 Appendix A, "Unified Development Ordinance," Article 8, "Subdivision Design and Improvements," Section 12-8.8(A), "Purpose" 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; that Appendix A, "Unified Development Ordinance," Article 8, "Subdivision Design and Improvements," Section 12-8.8(c)(9),"Use of Fees"of the Code of Ordinances of the City of College Station,Texas,be amended as set out in Exhibit"B"attached hereto and made a part of this Ordinance for all purposes; that Appendix A, "Unified Development Ordinance," Article 8, "Subdivision Design and Improvements," Section 12-8.8(F)(2),"Special Fund;Right to Refund"of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "C" attached hereto and made a part of this Ordinance for all purposes; PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization,government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more that two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue,shall be deemed a separate offense. Part 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO.2017-3953 Page 2 of 6 PASSED, ADOPTED AND APPROVED this 26th day of October, 2017. ATTEST: A131" 0 ER:, C.- / , MOP I - . ' i , / City Seer,'. y YO'; APP'OV'D: �� II IIIA City A orney. ORDINANCE NO,2017-3953 Page 3 of 6 EXHIBIT "A" That Appendix A, "Unified Development Ordinance," Article 8, "Subdivision Design and Improvements," Section 12-8.8(A), "Purpose," of the Code of Ordinances of the City of College Station, Texas is hereby amended to read as follows: "Section 12-8.8 Requirements for Parkland Dedication. A. Purpose. This Section is adopted to provide recreational areas in the form of neighborhood park facilities as well as community 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 as may be amended from time to time. It is hereby declared by the City Council that recreational areas in the form of neighborhood parks and community parks are necessary and in the public welfare, and that the only adequate procedure to provide for neighborhood parks and community parks is by integrating such requirements 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 located within park zones established by the City. The park zones established by the College Station 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 purchasing, developing or improving neighborhood parks should be borne by the landowners of residential property who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Typically, the landowner of a proposed residential development is the developer. A typical community park in College Station is designed to serve the needs of residents from several neighborhoods located within one-half-to three-mile radius. Community parks provide amenities that should complement neighborhood parks. Together, neighborhood parks and community parks can meet more of the recreational needs of residents. Community parks are generally twenty-five (25) to seventy (70) acres in size. However, larger and smaller community parks may be purchased, developed and/or improved to meet specific requirements of a particular area of town. Community parks, by their nature, serve both active and passive leisure needs of residents, and use by organizations and individuals from surrounding areas larger than for neighborhood parks. The acquisition, development, and improvement of the "basic" ORDINANCE NO.2017-3953 Page 4 of 6 infrastructure and facilities for the usage of these community parks should be based upon the demand from the area residents it is intended to serve. Therefore, the following requirements are adopted to affect the purposes stated above." ORDINANCE NO.2017-3953 Page 5 of 6 EXHIBIT "B" That Appendix A, "Unified Development Ordinance," Article 8, "Subdivision Design and Improvements," Section 12-8.8(C)(9), "Use of Fees," of the Code of Ordinances of the City of College Station, Texas is hereby amended to read as follows: "Section 12-8.8. Requirements for Park Land Dedication. • • • • " C. Requirements. • • • • " 9. Use of Fees. Fees may be used only for the acquisition, development, and/or improvement of park facilities to which they relate. For fees in lieu of neighborhood park land dedication, fees may only be used for purchase, development and/or improvement of neighborhood parks located within the same zone as the development. For fees in lieu of community park land dedication, fees may only be used for the purchase, development, and/or improvement of community parks." ORDINANCE NO,2017-3953 Page 6 of 6 EXHIBIT "C" That Appendix A, "Unified Development Ordinance," Article 8, "Subdivision Design and Improvements," Section 12-8.8(F)(2), "Use of Fees," of the Code of Ordinances of the City of College Station, Texas is hereby amended to read as follows: "Section 12-8.8 Requirements for Parkland Dedication. • • • • "F. Special Fund; Right to Refund. . . . . "2. The City shall account for all fees in lieu of land and all development fees paid under this Section with reference to the individual plat(s) involved. Any fees paid for such purposes must be encumbered or expended by the City within ten (10) years from the date received by the City for acquisition, development, and/or improvement of a neighborhood park or a community park as required herein. Such funds shall be considered to be spent on a first-in, first-out basis. If not so encumbered by contract or purchase order or expended, the landowners of the property on the expiration of such period shall be refunded a prorated refund of such sum, computed on a square footage of area basis by the City."