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0483-F ORDINANCE NO. 483-F AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE; REVISING THE ENTIRETY OF ARTICLE VII, PARK AND RECREATION DEDICATION REQUIREMENTS; PROVIDING A PENALIY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES; PROVIDING FOR SEVEIL4, BILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the C it? of Southlake. Texas is a home rule city acting under its charter adopted by thc electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Locai Government Code: and WHEREAS, the City has adopted Ordinance No. 483. as the Subdivision Ordinance tbr the Cits: and WHEREAS, the City Council has determined that in order to provide for adequate land tbr parks, recreation and open space, it is appropriate and in the best interest of the City to amend Ordinance No. 483. to authorize the appropriate park land dedication requirements, or facilities, or impr~vements, or fees in lieu of said dedication reqnirements; and WHEREAS. the City Council has given published notice and held public hearings with respect to the amendment of the Subdivision Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. Article VII of Ordinance No. 483 of the City' of Southlake, the Subdivision Ordinance. as amended, is amended in its entirety and replaced by the following text: ARTICLE VII PARK AND RECREATION DEDICATION REQUIREMENTS 7.01 PURPOSE AND INTENT: The requirements fur open space, park and recreational areas contained in this section are intended to ensure that there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents for open space and parks, tn determining the size, shape and quality of open space and parks areas that should be set aside and reserved in the manner set out in this section, the City has considered the projected grow~.h in population and development within the municipality and the amount of open space and park and recreationaI facilities needed to accommodate such growth as stated in the Parks, Recreation, and Open Space Master Plan. 7.02 APPLICABILITY: A. Unplatted Property: This section, as amended, applies to all property for which a final plat has not been ~.brrnally submitted to the City for approval, unless otherwise noted herein. B. Exempt Property: Any tract or lot occupied by an existing residential dwelling unit at the time of adoption of this ordinance shall be exempt from the dedication requirements of this section herein if the residential dwelling remains on the lot. This exemption pertains only to the tract or lot with the existing residential dwelling. Any additional lots created by further subdivision of the property shall be subject to the requirements herein. C. Date of Assessment: All requirements contained in this section shall be assessed at the time of approval of the final plat of any applicable property. 7.03 LAND DEDICATION REQUIREMENTS: A. General: Land dedication requirements herein are based on the City's adopted Land Use Plan and the Parks Recreation & Open Space Master Plan. It is within the sole discretion of the City to require a developer to show the anticipated land dedication k CTYDOCS\ORD\FINAL\SU BDIV\483F_ FIN WPD requirements herein with the development plan. concept plan, preliminary plat or other appropriate development submittal. 1. Residential Developments: Based on the population projected to reside in thc City of Southlake and the stated desire in the Parks, Recreation, and Open Space Master Plan adopted by the City Council to provide 2I acres of park land tbr eve~ 1,000 residents in an ultimate condition, park land meeting the requirements contained within this section shall be dedicated to the City at a ratio of one (1) acre of park land for every' forty (40) residential dwelling units or prorated portion thereof. 2. Non-Residential Developments: Although non-residential development docs not generate residential occupancies per se, it does create environmental impacts which may negatively affect the living envirorm~ent of the community. These impacts may be ameliorated or eliminated by providing park or open space areas which buffer adjoining land uses, prevent undue concentration of paved areas, allow for the reasonable dissipation of automotive exhaust fumes, provide natural buffers to the spread of fire or explosion, and provide separation of lighting, waste disposal, and noise by- products of non-residential operations and activities from adjacent residential areas. The City has therefore determined that non-residential developments must provide dedicated parks and/or reserved open space at a ratio of one (1) t~cre of park land for every fifty (50) non-residential gross acres of development or prorated portion thereof. 3. Off-site Dedications: A developer may dedicate the required park land for a development at another location owned by the same developer within the City with the consent of the City, provided that the off-site land dedication is in accordance with this section. Transfers and Credits for Prior Dedications, Fees and Gifts: In considering the amount of land dedication required of a proposed development, the City may. at its discretion, apply former dedications which were in excess of the requirement at that [ CI'hDOCS\ORD\FINAL\SUBDIVX,483F FIN WPD time to current or future dedication requirements of the same owner/applicant. A dedication or cash payment in lieu of dedication made prior to the passage of this Ordinance shall be controlled by the provisions of the ordinance in effect at the time such obligation arose, provided the final plat has been submitted to the City for approval prior to the passage of this Ordinance. At the discretion of the City, any former gift of land to the municipali~' may be credited under the terms of the current Ordinance tox',ard eventual land dedication requirements imposed on the donor of such lands. 7.04 CHARACTERISTICS OF PARKLAND: A. General: The Park Board shall annually recommend to the City Council a summary of the character o fdedicated park land most desirable in meeting the objectives of the Parks, Recreation, and Open Space Master Plan. These characteristics shall be provided in an abbreviated written report to all elected and appointed officials, city staff', and the development community, and shall be placed in Appendix 11 of this ordinance. In determining whether to accept or refuse the dedication of park lands, tees. t:acilities or a combination thereof as outlined in section 7.05 below, the Park Board and City Council shall consider this written report as a guideline for such decisions. 7.05 ALTERNATIVES TO LAND DEDICATION: in any case where a dedication is required, the City shall have the right to accept the dedication as submitted for approval, or in the alternative, to refuse dedication of the same, and in lieu thereof to require payment of cash under the formula contained in this Section or to allow the developer to construct recreation or park improvements. The City may permit a combination of dedication, improvements and fees to be used to fulfill this requirement. Ao Fee Payment Alternative: 1. Approval of Fee Payment Alternative: The City Council shall, upon I C i YDOCS\ORD~,FINAI,\SU BDIV~483F FIN WPD recommendation of the Park Board. determine the acceptability of a developer's payment of fees in lieu of the land dedication requirement of this section. 2. Calculation of Fees: The City Council shall annually establish an acreage land value cost figure to be used in calculating park fees. This determination shall be based on a reasonable study and investigation performed annually, and may be pertbrmed by an independent registered land appraisal firm as to the average fair market value, as opposed to tax value, of acreage in the City. This figure shall be the acreage cost under which all park fees are calculated for the fiscal year. a. Residential Dwelling Unit Fees: Fees paid in lieu of dedication shall be based on the determined cost of one (1) acre of land divided by forty (40). for a resulting fee per residential dwelling unit. b. Non-Residential Development Fees: The fee payment alternative for non-residential development shall be calculated by dividing the determined cost of one (1) acre of land by fifty (50), for a resulting tee per non-residential acre cost. or prorated portion thereof. In the event the non-residential development is less than fifty (50) acres, the total acreage, net of perimeter right-of-way dedications, shall be divided by 50 to determine the prorated fee payment. 3. Collection of Fees: No building permit shall be issued nor shall any construction be allowed to begin until payment of any fees required by this section has been made. Physical or Equipment Improvements to Parks 1. Compatibility with Park Master Plan: A developer may have the option of improving existing facilities within municipal parks or improving dedicated park land in lieu of park land dedication or payment of cash, based on recommendations made in the Parks. Recreation, and Open Space Master Plan. Should any of these options be exercised, the municipality and the [ \C 1YDOCS,ORD\F[N AL',SUBDIV\483 F FIN WPD developer shall, prior to initiation of work on such improvements, enter into an agreement for credit of expenses fbr authorized park improvements. In no case shall the municipality be required to reimburse the developer if he chooses to improve parklands at an amount greater than required. Such a proposed agreement to provide facility improvements in lieu of dedication shall be submitted in writing with thc application for any required Concept Plan or Site Plan. In the event that no Concept Plan or Site Plan is required, the agreement shall be submitted with the application for the preliminary plat. 7.06 PRIVATE PARKS: Ifa developer desires to incorporate private park, recreation or open space areas or amenities within his development, he may request limited credit for these facilities against his public open space dedication requirements. A developer may request credit for any private park, recreation or open space area, bnt such private park, recreation or open space amenities may never satisfy more than 50% of the total park and open space dedication requirement of this ordinance. 7.07 APPROVAL PROCESS: A. Land Dedications: 1. Park Board Recommendation: The Director of Parks and Recreation or their designee shall report to the Park Board regarding any park land dedication issues arising from development applications submitted to the City for approval. The Park Board may then make a formal recommendation to the Planning ~md Zoning Cormmission to accept or refuse any proposed dedicated park land prior to the Commission's action on the development.. 2. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission shall consider the reconunendation of the Park Board in determining the acceptability of any land dedications proposed on any development. ']?he Commission recommendation shall then be forwarded to the City Council for final approval where applicable. I .: C I y DOCS\ORD\FINAL~ SUBDIV\483 F FIN WPD Bo 3. Final Plat Dedications: Where review of development applications has resulted in the City's desire lbr land dedication, such land dedication shall be shown on a final plat and shall contain a clear tee simple dedication of that land to the City. Fee Payments in Lieu of Dedication and/or Facilities Improvements: 1. Park Board Recommendation: The Park Board shall make a formal recommendation to the City Council as to the acceptability of any proposed alternatives to park land dedication. 2. City Council Consideration: Upon receiving a formal recommendation from the Park Board, the City Council shall enter into an agreement with the developer for the provision of dedicated park land, fees in lieu of dedication, facilities construction or improvement, or a combination thereof as outlined below. a. Developer's Agreements: Developer's Agreements between the City and the developer shall include the following requirements as applicable: (1) Bounda~' Corners Established: Each comer of the park land to be dedicated shall be permanently monumented with 3/4" iron pins set in concrete. These shall be located and identified on a recordable plat or land survey completed by a land surveyor registered in fne State of Texas and provided to the City by the Owner and/or Developer. (2) Utility Extensions to Park: A minimum size of 6" water main and sanitary, sewer, where available, shall be extended to the park, in location(s) specified by the Director of Public Works. (3) Short-term Maintenance: The Owner and/or Developer agree that no construction materials shall be disposed of or deposited within the park by its contractor, subcontractors, L C'I YDOCS\OR.D\FINAL\S U BDIV\483 F FIN.WPD employees or agents at any time while the subdivision is being built. If materials are deposited or disposed of ~vithin the park, thc Owner and/or Developer shall be required to remove these materials within 72 hours of ~Titten notice by the City. Before the City accepts this land, the Developer shall remove all trash and dead trees. 7.08 USE OF FUNDS: A. Fund Established: Funds received by the City pursuant to this Section will be deposited in a special fund dedicated to the accumulation of monies required by this section. B. Permitted Expenditures: Monies placed in this fund may be expended only for the purchase, lease, or other acquisition of park and open space areas by the City of Southlake, the improvement and site preparation of such areas and sites, the extension of utilities to or within such sites, the installation of landscaping, play equipment or recreation improvements on such sites, and/or attendant engineering and planning costs associated with such park development. C. Inappropriate Expenditures: Monies placed in this fund may not be utilized for any other general business activity of the City or for maintenance of park facilities. D. Authorization for Use of Funds: All expenditures from this fund shall be made in accordance with the City's Parks, Recreation, and Open Space Master Plan and shaii be approved by the City Council after a formal recommendation of the Park Board. k( l YDOCS~ORD/FINAL/SU BDIV',483 F_FIN WPD These appendices are not considered a part of this ordinance and may be revised or updated as necessary by the City Staff. APPENDIX 11 Guidelines for Park Land Dedication (Approved by Park Board 5/12/97) A. Land dedication or otherwise set aside for open space and park and recreational areas shall be of such size, dimensions, topography and general character as is reasonably required for the type of use necessary to meet the demand and need of future residents, e.g., open space, linear space, trails, active recreation for team or individual sports, playground, etc. B. Natural areas or flood plains which provide unique opportunities may be included in areas dedicated or otherwise set aside or reserved tbr open space or linear greenbelts. In considering any area for dedication which does not meet the standards of this ordinance and where the ordinance allows the municipality to employ its discretion, the following may be considered: I. Preserve area of unique natural beauty, area possessing unique natural features, or other ecologically valuable areas. 2. Facilities may be developed in partial fulfillment of required parkland dedication. 3. Whether the area is proposed to be contiguous to an existing or proposed school site. 4. A combination of land dedication and fees paid in lieu of a portion of the land dedication. 5. Where developments are contiguous, two or more required dedications may be combined to form a single, viable park area. 6. Acreage dedication which would expand existing parks or recreation facilities. 7. An applicant may transfer the required parkland in a subdivision to another location owned by the same applicant within the CiW of Southlake ~vith the consent of the City Council. I CTYDOCS\ORD\FINAL',S UBDI¥' 483F FIN.WPD SECTION 2 Any person, firm or corporation who violates, disobeys, omits, neglects or ret'uses to comply ~vith or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 3 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas. except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 It is the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of compet=nt jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 The City Secretary ofthe City of Southlake is directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 6 The City Secretary of the City of Southlake is authorized to publish this ordinunce in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof thm~ the production thereof. SECTION 7 This ordinance shall be in full fbrce and effect from and after its passage and publication as required by law, and it is so ordained. k C[SDOCSORD\FINAL\SUBDIV\483F FiN.~PD P~AND APPROVED ON , 1997. FIRST READING ON THIS MAYOR DAY OF ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS / DAY OF ,1997. MAYOR c~IT~' ~E~RETARY APPROVED AS TO FORM AND LEGALITY: D~t~: EFFECTIVE:~ 7~-~/3, ~.'/qq_7 L /CTTDOCSXORD\FIN AL\SUBDIV~483F_FIN WPD