HomeMy WebLinkAbout2008-3139 - Ordinance - 12/11/2008ORDINANCE NO. 3139
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 AMENDING AND ADDING
NEIGHBORHOOD AND COMMUNITY PARK LAND DEDICATION AND
DEVELOPMENT FEE REQUIREMENTS, BY CHANGING FLOODPLAIN DEDICATION
RATIOS; 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, 2009.
PASSED, ADOPTED and APPROVED this
11th day of December , 2008.
APPROVED:
MAYOR
O/ group/ IegaUordinance /amendmentform.doc
Approved by the Parks & Recreation Advisory Board on November 18, 2008
ATTEST:
3""
CITY SECRETARY
ORDINANCE NO. 3139
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 and Development.
10 -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
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 a 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 25 to 70 acres in size. However, larger and smaller community
parks may be developed 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.
bglp:Igrouplagen- calljor legal reviewlin progress #1112- 11- 081park land dedication ordinance amendments\2 -proposed city of
college station park land dedication ordinance.docx
11/24/08
ORDINANCE NO. 3139 Page 3
The acquisition and development of the "basic" 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 effect the purposes stated above.
10 -B Applicability. This section applies to a landowner who develops land for residential use
located within the City or within its extraterritorial jurisdiction.
10 -C Requirements.
1. General. The City Manager or his designee shall administer this Section with certain
review, recommendation and approval authorities being assigned to the Planning and Zoning
Commission, the Parks and Recreation Advisory Board and various city departments as
specified herein.
Generally, the developer of residential property must address the following requirements
pursuant to this section: dedication of land for neighborhood park use or payment of a fee in lieu
thereof, dedication of land for community parks or payment of a fee in lieu thereof, payment of a
development fee for neighborhood parks or construction of the neighborhood park improvements
to which such fee relates, and payment of a development fee for community parks or
construction of the community park improvements to which such fee relates. Requirements
herein are based on actual dwelling units for an entire development. Increases or decreases in
final unit count may require an adjustment in fees paid or land dedicated. If the actual number of
dwelling units exceeds the original estimate, additional park land and additional park
development fees may be required in accordance with the requirements in this Section.
The schedule of fees and required land dedications is attached hereto as Appendix I and
incorporated and made a part of this Section for all purposes. The identification of park zones
for neighborhood parks is as shown City's Recreation, Park and Open Space Master Plan
referenced herein and incorporated by reference.
2. Land Dedication.
a. The amount of land to be dedicated for neighborhood park land purposes and for
community park purposes shall be as set forth in Appendix I.
The total amount of land dedicated for the development shall be dedicated to the City
in fee simple:
1) Prior to the issuance of any building permits for multi - family development,
2) Concurrently with the final plat for a single phase development,
3) For a phased development the entire park shall be either platted concurrently with
the plat of the first phase of the development or
4) The developer may provide the City with financial security against the future
dedication by providing a bond, irrevocable letter of credit, or other alternative
bglp: Igrouplagen- callfor legal reviewlin progress #1112- 11 -mpark land dedication ordinance amendments\2 -proposed city of
college station park land dedication ordinance.docx
11/24/08
ORDINANCE NO. 3139 Page 4
financial guarantee such as a cash deposit in the amount equal to the number of acres
park land required and in a form acceptable to the City. The amount of the financial
guarantee shall be the amount of fee in lieu of land dedication as set forth in
Appendix I. 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.
b. For development located within the extraterritorial jurisdiction of the City, the dedication
requirements of this Section may be met through the creation of private park land in the same
amount required as set forth in Appendix I provided the developer enters into a written
agreement that all such private park land be dedicated to the City at the time of full purpose
annexation into the City and provided that any plat related to such development, is inscribed
with a notation regarding same.
3. Fee in Lieu of Land. In lieu of dedicating park land for neighborhood parks and for
community parks, a developer may request to meet some or all of the neighborhood park
land dedication requirements, and some or all of the community park land dedication
requirements through payment of a fee in lieu thereof in amounts as set forth in Appendix
I. Such fees shall be due at the same time as fees are due for final platting or for issuance
of a building permit, whichever occurs first.
4. Citv Final Aunroval. The City shall have the final authority in determining how much, if
any, land or fee may be accepted in lieu of required land dedication. The City may, from
time to time, require that a fee be submitted in lieu of land dedication in amounts as set
forth in Appendix I for either, both, some or all of neighborhood park land or community
park land dedication. Likewise, the City may, from time to time, require that land be
dedicated in amounts as set for in Appendix I and that no fee in lieu of land will be
accepted.
5. Approval Process for park land dedication.
a. Land Dedications equal or exceeding five acres, and Dedications of Floodplains and
Greenways.
For any proposed required neighborhood park land dedication equaling or exceeding five
(5) acres of land or equaling or exceeding payment of a fee in lieu thereof, for any
proposed required community park land dedication equaling or exceeding five (5) acres
of land or equaling or exceeding the payment of a fee in lieu thereof, or for any proposed
land dedication containing floodplain or greenway, the landowner must:
1) Obtain a recommendation from the Parks and Recreation Advisory Board, and
2) Obtain approval from the Planning & Zoning Commission pursuant to the plat
approval procedures as set forth elsewhere in the City Code of Ordinances.
i. The Planning and Zoning Commission shall consider the recommendation from the
Parks and Recreation Advisory Board but may make a decision contrary to its
recommendation by majority vote.
bglp: Igrouplagen- callfor legal reviewlin progress #1112- 11- 081park land dedication ordinance amendments\2 -proposed city of
college station park land dedication ordinance.docx
11/24/08
ORDINANCE NO. 3139 Page 5
b. Dedications of less than five acres not including floodplains or greenways.
For any proposed neighborhood park land dedication less than five (5) acres of land or
the payment of a fee in lieu thereof, for any proposed required community park land
dedication less than five (5) acres of land or the payment of a fee in lieu thereof, or for
any proposed land dedication containing floodplain or greenway, the City Manager or his
designee is authorized to accept and approve same if the following criteria are met:
1) The proposed dedication or fee provides a sufficient amount of neighborhood
park land existing in the park zone of the proposed development for required
neighborhood park land dedication, or the proposal provides a sufficient amount
of community park land existing for the proposed development for required
community park land dedication, whichever applies;
2) Where the proposed dedication is insufficient for a neighborhood park site or for a
community park site under existing park design standards, some or all of the
dedication requirements may be in the form of a fee in amounts as set forth in
Appendix I;
3) Determination of acceptability of a proposed neighborhood park land dedication
and for a proposed community park land dedication is based upon the City of
College Station's Recreation, Park and Open Space Master Plan, as may be
amended from time to time; and
4) The proposed development of the neighborhood park or community park is
consistent with College Station's Recreation, Park and Open Space Master Plan,
as may be amended form time to time.
In making his decision, the City Manager or his designee may choose to submit such
application to the Parks and Recreation Advisory Board for its recommendation. In such
event, the City Manager shall consider such recommendation but may make a decision
contrary in accordance with the criteria set forth herein.
6. Park Development Fee.
In addition to the land dedication requirements for neighborhood parks and for community parks,
there are also park development fees established herein sufficient to develop neighborhood parks
and community parks in ways that meet the City of College Station's Manual of Park
Improvements Standards_ The amount of development fees assessed to a developer subject to
this section for neighborhood and community parks is as shown in Appendix I. The process for
the approval and collection of development fees shall be the same as for the park land dedication
requirements to which the development relates, and shall be processed simultaneously with the
park land dedication requirements.
7. Construction of Park Improvements in Lieu of Development Fee.
A developer may elect to construct required neighborhood park improvements and /or required
community park improvements in lieu of paying the associated development fee as set forth
herein. In such event:
a. A park site plan, developed in cooperation with the Parks and Recreation
bglp: Igrouplagen- callfor legal reviewlin progress #1112- 11- 081park land dedication ordinance amendments\2 -proposed city of
college station park land dedication ordinance.docx
11/24/08
ORDINANCE NO. 3139
Page 6
Department staff, is submitted and approved by the Director of the Parks and
Recreation Department or his designee and the Parks and Recreation Advisory
Board upon submission of final plat or upon application for a building permit,
whichever is applicable.
b. Detailed plans and specifications for park improvements hereunder shall be due
and processed in accordance with the procedures and requirements pertaining to
public improvements for final plats and for building permit issuance, whichever is
applicable.
c. All plans and specifications shall meet or exceed the City's 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 the developer completes the work in accordance with the approved
plans, specifications, ordinances, and other applicable laws.
e. The construction of all improvements must be completed in accordance with the
requirements relating to the construction of public improvements for final plats
and issuance of building permits, whichever is applicable. This includes
guaranteeing performance in lieu of completing the park improvements prior to
final plat approval. Notwithstanding any other applicable ordinances, park
improvements should be completed within two years from the date of approval.
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 section; and
iii. All manufacturers' warranties have been provided for any equipment
installed in the park as part of these improvements.
g. Upon issuance of a Certificate of Completion, the developer warrants the
improvements for a period of one (1) year as set forth in the requirements in the
City of College Station's Manual of Park Improvements Standards_
h. The developer shall be liable for any costs required to complete park development
if:
i. Developer fails to complete the improvements in accordance with the
approved plans; or
ii. Developer fails to complete any warranty work.
bglp: Igrouplagen -cal for legal reviewlin progress #1112- 11- 08lpark land dedication ordinance amendments\2 -proposed city of
college station park land dedication ordinance.docx
11/24/08
ORDINANCE NO. 3139
Page 7
8. Submitting fee. Any fees required to be paid pursuant to this section shall be remitted:
a. Prior to the issuance of any building permits for multi - family development; or
b. Upon submission of each final plat for single family, duplex or townhouse development.
9. Use of fees. Fees may be used only for the acquisition or development of park facilities
to which they relate. For fees in lieu of neighborhood park land dedication, fees may only be
used for purchase and /or development 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 and /or development of community parks.
10. Reimbursement for Citv Acauired 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 for a neighborhood park or
acquires parkland for a community park, the City may require subsequent dedications to be in
fee -in lieu -of -land only. This will be to reimburse the City for the cost(s) of acquisition.
10 -D Prior Dedication or Absence of Prior Dedication.
If a dedication requirement arose prior to enactment or amendment of this Section 10,
subsequent development for the subject tract to which the dedication requirement applies may be
subject to vesting as set forth in Chapter 245 Texas Local Government Code. Depending on the
circumstances, additional dedication may be required for the increase in dwelling units from
what was originally proposed.
10 -E Comprehensive Plan Considerations.
The City's Recreation, Park and Open Space Master Plan is intended to provide the 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 in the Plan are general. The actual locations, sizes, and number of parks will be
determined when development occurs or when sites are acquired by the City, including by
donations.
Park zones for neighborhood parks are established in the City's Recreation, Park and Open
Space Master Plan as a component of the City's Comprehensive Plan, and indicate service areas
for neighborhood parks. Zone boundaries typically. follow key topographic features such as
major thoroughfares, streams, city limit and ETJ boundary lines. New park zones may be
created or existing zones amended pursuant to procedures for amending the City's Recreation,
Park and Open Space Master Plan as land acquisitions or other circumstances dictate.
10 -F Special Fund; Right to Refund.
1. All neighborhood park land dedication fees will be deposited in a fund referenced to the
park zone to which it relates. Community park land dedication fees will be deposited in
a fund referenced to community parks.
2. The City shall account for all fees in lieu of land and all development fees paid under this
bglp: Igrouplagen -cal for legal reviewl in progress #1111- 11 -mpark land dedication ordinance amendments\2 -proposed city of
college station park land dedication ordinance.docx
11/24/08
ORDINANCE NO. 3139
Page 8
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 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
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 -G 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 recreational
activities.
3. Land in floodplains or designated greenways will be considered on a three for one basis.
Three 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 shared facilities and joint 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 to minimize users having to cross
arterial roadways to access them.
6. Where appropriate, sites with existing trees or other scenic elements is preferred.
7. Detention / retention areas may not be used to meet dedication requirements, but may be
accepted in addition to the required dedication. If accepted as part of the park, the
detention / retention area design must meet specific parks specifications in the City's
Manual of Park Improvements Standards.
8. Where park sites are adjacent to greenways, schools, or existing or proposed
bglp: Igrouplagen- callfor legal reviewlin progress #1112- 11- 081park land dedication ordinance amendments\2 -proposed city of
college station park land dedication ordinance.docx
11/24/08
ORDINANCE NO. 3139 Page 9
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 abut a public street.
10. Community Parks should be accessible from major arterial streets so as to be accessible by large
groups of people from large surrounding areas.
10 -H Warranty Required.
1. 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.
2. All work by the developer or landowner not conforming to these requirements, including but
not limited to unapproved substitutions, may be considered defective.
3. This warranty is in addition to any rights or warranties expressed or implied by law.
4. 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.
5. This warranty obligation may be covered by any performance or payment bonds tendered in
compliance with this Ordinance.
6. If any of the work performed by developer or landowner 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, 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.
7. 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.
8. 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.
9. 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.
bglp: Igrouplagen- calljor legal reviewlin progress #1112- 11- 081park land dedication ordinance amendments\2 -proposed city of
college station park land dedication ordinance.docx
11/24/08
ORDINANCE NO. 3139
Page 10
10. 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.
bglp: Igrouplagen -cal for legal reviewlin progress #1112- 11- 081park land dedication ordinance amendments\2 -proposed city of
college station park land dedication ordinance.docx
11/24/08
ORDINANCE NO. 3139
APPENDIX I
PARK LAND DEDICATION AND DEVELOPMENT FEES
I. NEIGHBORHOOD AND COMMUNITY PARKS
A. Dedication Requirements for Neighborhood Parks
1. Land dedication per Dwelling Unit (DU)
Single Family: One (1) Acre per 102 DUs
Multi - Family: One (1) Acre per 125 DUs
2. Fee in lieu of land dedication per Dwelling Unit (DU)
Single Familv: $314 per DU
Multi - Family: $256 per DU
3. Park development fee per Dwelling Unit (DU)
Single Familv: $764 per DU
Multi - Familv: $622 per DU
4. Total neighborhood park fees per Dwelling Unit (DU)
Single Family: $1,078 per DU
Multi - Family: $878 per DU
B. Dedication Requirements for Community Parks
1. Land dedication per Dwelling Unit (DU)
Single Familv: One (1) Acre per 105 DUs
Multi - Family: One (1) Acre per 129 DUs
2. Fee in lieu of land dedication per Dwelling Unit (DU)
Single Family: $305 per DU
Multi - Familv: $248 per DU
3. Park development fee per Dwelling Unit (DU)
Single Family: $638 per DU
Multi- Familv: $520 per DU
4. Total community park fees per Dwelling Unit (DU)
Page 11
bglp:lgrouplagen- callfbr legal reviewlin progress #1112- 11- 081park land dedication ordinance amendments\2 -proposed city of
college station park land dedication ordinance.docx
11/24/08
ORDINANCE NO. 3139 Page 12
SinLle Familv: $943 per DU
Multi - Family: $768 per DU
bg1p: Igrouplagen -cal for legal reviewlin progress #1112- 11- 081park land dedication ordinance amendments\2 -proposed city of
college station park land dedication ordinance.docx
11/24108