Loading...
HomeMy WebLinkAbout1999-2368 - Ordinance - 01/14/1999ORDINANCE NO. 2368 AN ORDINANCE REPLACING "CHAFrER 9 SUBDIVISIONS, SECTION 10, REQUIREMENTS FOR PARK LAND DEDICATION" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, WITH THAT SET OUT BELOW IN EXHIBIT ~A"; PROVIDING A SEVERABIL- ITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That "Chapter 9 Subdivisions, Section 10, Requirements for Park Land Dedication", of the Code of Ordinances of the City of College Station, Texas, be replaced with that set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That ff any provisions of any section of this ordinance shall be held to be void or ,,-con- stitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinan~, which shall remain in full force and effozt. 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 mom than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a sq)arate off~nse. Said Ordinance, being a penal ordinance, bocomes effective six (6) months al~er its publication in the newspaper, as provided by Section 35 of the Chart~ of the City of College Station. PASSED, ADOPTED and APPROVED this 14th day of Januau, 1999. ATYEST: APPROVED: CONNIE HOOKS, City Secretary LYNlq~clLHANEY, Mayor / j~c:~ndow;~wmword~or&nan~parkland, doc 1/15/99 ORDINANCE NO. 2368 Page 2 EXHIBIT "A" That "Chapter 9, Subdivisions, Section 10, Requirements for Park Land Dedication" is hereby amended in its entirety to read as follows: REQUIREMENTS FOR PARK LAND DEDICATION "SECTION 10: 10-A. Purpose 10-A.I 10-B 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 C-ov'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 sucn a reqmre- ment into the procedure for planning and developing property or subdivisions in the city, whether such development consists of new construction on vacant land or rebuild- ing and remodeling of structures on existing residential property. 10-A.2 Neighborhood parks are those parks providing for a variety of outdoor recreational oppommities and located within convenient distances from a majority of the residences to he served thereby. The park zones established by the Parks and Recreation Depart- ment and shown on the offidal 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 pfilna~ cost of neighborhood parks should he 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 he used for residential purposes: General Requirement Dedications shall cover both land and development costs for neighborhood parkland for all types of residential development. 10-B-1 Land Dedication 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 regula- tions of the City, such plat shall contain a dear fee simple dedication of an area of land to the City for park purposes. For single family developments this 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 (l) acre for each one hundred and thirty-four (134) proposed dwelling units. For methodology refer to ,4ppendix ] attached herein and incorporated and made a part of this ordinance for all purposes. Any proposed plat submitted to the City for approval shall show the area proposed to be dedicated under this section. The required land dedication of this subsection may he met by a payment of money in lieu of land when permitted or required by the other provi- sions of this section. In the event a plat is not required this dedication shall be met prior to the issuance of a building permit. js~:lwmdowslmnwordlordmanlparkland, do~ 5/99 ORDINANCE NO. 2368 Page 3 10-B.2 Fee in Lieu of Land 10-B.3 10-B.4 10-B.5 10-B.6 10-B.7 A land owner responsible for dedication under this section may elect to meet the requirements of IO-B. 1. in whole or in part by a cash payment in lien of land, in the amount set forth below. Before m~king this election, thc land owner must obtain approval for the cash payment in lieu of land from the Planning & Zoning Commission pursuant to the plat approval procedures set out in Chapter 9, Section 6. Such payment in lien 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 lien 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 Coundl, such per-acre price shall be computed on the ba~sis of one hundred and forty-eight dollars ($148.00) per dwelling unit for single family development and one hundred and twelve dollars ($112.00) 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 thc same zone as the development. 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 nine dollars ($309.00) per dwelling unit for single family developments and two hundred and thirty-three dollars ($233) for duplex and multi- family developments. Refer to 2ppendix 1. Park Development in Lien of Fee A developer has the option to construct the neighborhood park improvemerdz in lieu of the park development fee. Development plans and specificatio, ns .shall .he, rev~?wed .and, approved by the Parks Board. All improvements shall either oe nnanmaay guaram~en or accepted by the City prior to the filing of a plat.in the cas~. of p.l ..~..develo. pmen~ o,r prior to issuance of certificates of occupancy in thc event that platang ~s not r~lutren. Thc procoss of financial guarantee shall be the same as that found in section 7 of thc Subdivision Regulations and shall be ~ whether a plat is required or not. Once improvements arc accepted by thc City thc developer shall deed the property and improvements to thc City. In instances where an area of less than five (5) acres is required to be dedicated, the City shall have the right to accept the dedication for approval on thc final plat, or to refuse same, after consideration of the recommendation of the Planning and Zoning Commis- sion and the Parks and Recreation Board. The City shall have the fight to require payment of cash in lien 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 develop- ment, or if the recreation potential for that zone would be better served by expanding or improving existing parks. The dedication required by this section shah be made by filing of the final plat or contemporaneously by separate instrument unless additional dedication is required subsequent to the filing of the fi~! plat. If the actual number of completed dwelling units cxceeds the figure upon which the Ori~nai dedication was based, such additional dedication shall he required, and shall he 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. Thc City may from lime 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 jslc: lwindowslwinword~ordman~arkland, doc 1/15/99 ORDINANCE NO. 2368 Page 4 IO-C IO-D 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. Prior Dedication; Absence of Prior Dedication lO-C.l credit shall be given for land and/or money dedicated pursuant to Ordinance 690 or 983. 10-C.2 10-C.3 ff a dedication requirement arose prior to passage o~f this section, that dedication requirement shall be controlled by the ordinance in effect at thc time such obligation arose, except that additional dedication shall be required if the actual density of strac- tures constmaed upon property is greater than th.e former_ assumed density. AddRio~.nal dedication shall be required only for the increase m density and shall be based upon me ratio set forth in 10-B. of this section. 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 subsection. Special Fond; Right to Retired 10-D. 1 There is hereby established a special fund for the deposit of all s~,m-~ 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 ded~.'.'cafion u~.der this section. with reference to the individual plats involved. Any funds prod for sucn 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 prope~y on the last day of such period shall be entitled to a promta retired 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 10-E Comprehensive Plan Considerations IO-F IO-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. Additional Requirements; Definitions 10-FA 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 thc 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. js~c: lwmdowslwtnwor&ordman~parkland, doc 1/15/99 ORDINANCE NO. 2368 Page 10-G. IO-H. Neighborhood park sites should be located so that users are not required to cross nrterial 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 tn:cs or other scenic clements. 10-F.2 Parks should be easy to access and open to public view so as to benefit area develop- merit, enhnnce the visual chnracter of the city, protect public safety .and mi.nin~.'ze conflict with adjacent lnnd uses. The following guidelines should be used in demgmng parks and adjacem development. (a) Where physically feasible, park sites should be located adjacent to schools in order to encourage both shared facilities and thc potential co-development of new sites. Co) A proposed subdivision adjacent to a park may not be designed to restrict reasonable access to the park from other area subdivisions. Street connections to existing or future adjoining subdivisions may be required to provide reason- able access to parks. (c) Where a non-residential use must directly abm a park, the use must be separated by a screening wall or fence and landscaping. ~ l~,',m, ts to the park may be allowed by the Planning and Zoning Commission if puonc 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 aH cases, the City shall approve the proposed street alignment fronting on dty 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 adjncent to a park to be constructed to collector width to ensure access and prevent trnffic congestion. Developer may request oversize partidpation in such instance. Consideration and Approval Unless provided otherwise herein, an action by the City shall be by thc 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 section shall have been reviewed by the Parks and Recreation Board and its recommendation given to the Connnission. The Commission may make a decision contrary to such recom- mendations 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. 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. ys~c: lwindowslwinv~or&ordman~Mridand, doc 5/99 ORDINANCE NO. 2368 Page 6 APPENDIX 1 PARK LAND DEDICATION FEE METHODOLOGY I. Current Level of Sm~ic~ 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) Land Req 'utrements Neighborhood Parks 3.5 Acres/l,000 I Acre per 285 people 2.81 Persons per Household (PPIO for Single Family and 2.13 Persons per Household for Multi- Family based on census information for owner and renter occupied units. The overall average from the Census is 2.31 persons per household (dwelling un~t). SINGLE FAMIL¥ 285 people / 2.81 PPH = 101 DUs 1 Acre per 101 DUs MUL TI-FAMIL Y 285 people / 2.13 PPH= 134 DUs 1 Acre per 134 DUs III. IV. Neighborhood Park Acquisition Costs (Determines Fee in Lieu of Land) (.4ssumption) I acre costs $15,000 to purchase SINGLE FAMILY MUL TI-FAMIL Y $15,000 / 101 DUs = $148 perDU $15,000 / 134 DUs = $112 perDU Neighborhood Park Development Costs (Determines Fee for Development) Average Neighborhood P ark in College Station ~ 8 Acres Development Cost for Neighborhood Park ~ $250,000 Cost Per Acre for Development ~ $31,250 SINGLE FAMILY $31,250 / 101 DUs = $309 perDU MIlL TI-FAMIL Y $31,250 / 134 DUs = $233 perDU Total Dedication Fee SINGLE FAMILY $148 + $309 = $457 MUL TI-FAMIL Y $112 + $233 = $345 yslc:lwmdows~winword~ordman~arldand, doc 1/15/99