1997-01-28 Joint CC and Parks Board Work Session City of Southlake,Texas
JOINT CITY COUNCIL AND PARK BOARD WORK SESSION: JANUARY 28. 1997
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
WORK SESSION: 7:00 P.M.
AGENDA
1. 7:00 p.m. Call to order.
2. 7:00 p.m. to 8:00 p.m. Park Dedication Ordinance.
3. 8:00 p.m. to 8:15 p.m. Lines of communication between the Boards and the
City Council.
4. '8:15 p.m. to 8:30 p.m. Trail System/Sidewalks.
5. 8:30 p.m. General Park and Recreation Issues (ie. Berm at
Bicentennial Park; Facilities usage agreements; Joint
Use including: indoor soccer, soccer fields, and
tennis courts
6. Meeting Adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667
North Carroll Avenue, and the Administrative Offices, 1725 East Southlake Boulevard, Southlake,
Texas, on Friday, January 24, at 5:00 p.m., pursuant to the Texas Government Code, Chapter
551. s._ AsoUTy��,
/ • / -i 41441di2.0Nay
S/4444..
andra L. LeGrand AI
City Secretary
.*. 4
If you plan to attend this public meeting and `r usability that requires special needs, please
advise the City Secretary 48 hours in advance at 481-5581 extension 704, and reasonable
accommodations will be made to assist you.
D:\WP-FILES\CC-1-28M
r
City of Southlake,Texas
•
• MEMORANDUM
January 24, 1997
TO: City Council Members,Park Board Members
FROM: Chris Carpenter, Comprehensive Planner
SUBJECT: Revisions to Subdivision Ordinance-Park Dedication Section
Draft#1
Per discussions with the Park Board,the following are draft revision to Section 7 of the Subdivision
Ordinance: modifications to the park land dedication requirements.
The most substantial changes to the ordinance are mostly editorial ones which eliminate repetition
and clarify statements.There are also a number of revisions and additions which the Park Board feels
would make the dedication of park land more suitable to the needs of the City. The revisions are
noted by redlined text and the substance of the current ordinance is noted in regular text, generally.
This draft is meant as a starting point for discussion on policy issues regarding dedications. Also
• included is a chart outlining dedication and cost figures per 50 lots residential/50 acres commercial,
as well as a copy of the current dedication section of the ordinance.
Please note that this draft has not been reviewed by the City Attorneys and may change based on
their comments.
If staff can be of any assistance prior to the joint meeting,please do not hesitate to call 481-5581 Ext.
866 or Ext. 753 (Tom Elgin).
CLC\cic
L:\CTYDOCS\ORD\DRAFT\PARK DED\DRAFTI.WPD
• DRAFT #1
2 Section 7, City of Southlake Subdivision Ordinance
3
4 7.01 PURPOSE AND INTENT:
5 The requirements for open space,park and recreational areas contained in this ordinance are
6 intended to ensure that there will be sufficient land dedicated or otherwise set aside to meet
7 the demand and need of the future residents for open space and parks. In determining the
8 Ze;:;shape`an`"; 3'qA"Tali of open space and parks areas that should be set aside and reserved
9 in the manner set out in this ordinance, the City Council has taken into consideration the
10 projected growth in population and development within the municipality and the amount of
11 open space and park and recreational facilities needed to accommodate such gro tas s
12 e Parks R:ectcation;ands; en`Space! as r W*
1
7.02 APPLICABILITY:
15 • A. Unplatted Property:
16 No final subdivision plat shall be approved on any development until the dedication
17 requirements of this section have been met. In any case where a dedication is
18 required,the City shall have the right to accept or refuse the dedication as submitted
19 for approval on the final plat.
20 B. Exempt Property:
21• Any plat including an existing residential dwelling shall be exempt from the
22 dedication requirements of this section if the residential dwelling remains on the lot. :
23
24 7.03 LAND DEDICATION REQUIREMENTS:
25 A. General:
26 1. Acres Required Per Residential Lot:
27 er ti arks•`'Recr 0011- Open£;Sp;ace]5fer`PI g the
L:\CTYDOCS\ORD\DRAFIIPARK DED\DRAFTI.WPD 1
• v iCte:fer4 haf21„acre 015gri Mrld hided Baled=op n spabW all b`
L. t hired{-for-`each£,1'0002esidi iri-ari ultitlEi candifion: se4Ncin,rcent
3 development-ntrends in'tlie=pornn inn' y.4i:0-.07:=a. 0.fl ation density=,a
4 µ_ . ._�_g ,�. -..t..._
approximately 357. divduals;per livuig�unifiand�approxiinatelyG;two ivuig
5 ..._..._ .....,., ._._. , A _ . . di , ......_...rd_ f6
ulutslper.acre;park�larid�shall�be;:derlicate�l t�lbc"rate�of%2'-acr`e�o, a�ri o
,...,.._r ........ .�. ., ten.. ,. .,..,.�..v ✓w .
6 each 50irsi4ritial .ots-orlporfion.there i
7 2. Acres Required Per Commercial Acreage:
8 Although commercial and industrial development does not generate
9 residential occupancies per se, it does create environmental impacts which
10 may negatively affect the living environment of the community. These
11 impacts may be ameliorated or eliminated by providing park or open space
12 areas which buffer adjoining land uses,prevent undue concentration of paved
13 areas, allow for the reasonable dissipation of automotive exhaust fumes,
14 provide natural buffers to the spread of fire or explosion, and provide
41 separation of lighting,waste disposal, and noise by-products of commercial
and/or industrial operations and activities from adjacent residential areas.
17 The City Council has therefore determined that commercial and industrial
18 activities should provide dedicated parks and/or reserved open space at a
19 level ofaone acre of land for each 50 gross acres of development or portion
20 thereof.
21 3. Off sit-CDe'° icationss
22 A developer may dedicate the required park land for a subdivision at another
23 location owned by the same developer within the City of Southlake with the
24 consent of the City,provi eci that the off=site and'c ecdicgiorTis*accordance
25 Vvi,tl%Sectinn:.7?04
26 B. Transfer/Credit of Prior Dedications,Fees and Gifts:
27 Incansidering::the aunt'.o cledieatwprcap,, recjwretlF:of,:a=.proposed7de" lop bent)
28 tl C; "Council rriay of i;sf 'discretio Mapply far ner` wee '`:
n,
dedacations�uvluch+: ,m�.excess
vH ..w...e <, :n:�lzna�.'�. «„3J..m_.e....+..._..w....w.«..�,5�__�, l..u..,....°n�;'f,.�. ::.ni....1.ar.,, ..S..._d['.w:S
of°th requi oth avithat.#lime;ta cl4rren fiiwo,6dication equire e ,a ilre,
al
L:\CTYDOCS\ORD\DRAFT\PARK DED\DRAFTI.WPD 2
_ I
sam• e°bwi%erlapplicantj 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
3 in effect at the time such obligation arose, provided the final subdivision plat has
4 been submitted to the City for approval prior to the passage of this Ordinance. At the
5 discretion of the City Council, any former gift of land to the municipality may be
6 credited under the terms of the current Ordinance toward eventual land dedication
7 requirements imposed on the donor of such lands.
8
9 7.04 CHARACTERISTICS OF PARKLAND:
10 A. General:
11 The Park.B,oard-shall et. "ine oiia�an°1 "u-a ' `istlie.car"aiter':c%g e'ic;:t
12 land;:most:desiir 10'rn-#1.94; he en"; jn�, {!e a d�_recreational- needs p 'Ytla
.....",�. ... :i:',r/. :�;Y -:K ..<va.�; ,'�,JC'!;'�"-'.-:�.w•.t:1w:.a:...a;..d<,:... ...�&'rE.,- .F���,„ .:;,, ,1
13 cammuyb..a 1orit ,eParks Rcaf °"d�enSpce,Nse 'P T
14 eliaraereristics=sh L"1,,e�provi edTinT�ai a"bbrev ated " Pn# eporE:-to aipelec ed an`'d
•vr. r-»rrs.,.;: r..M 't... v%ii6rr��<, " i ':&..;1
appointeeofficials'cty�,'staff-`and,�atlie5`:develo ment$�°commu�u��on f ues��>
determining;whether'to acrept:_oi`.refuse-hthe edi°ca ofi arkKlalg efees facilities
17 -`raper mbina iciri tli4e040utl ed i.sect ;n:7 05Wbe)ow;Y e aik Boa 'anW Y
-»."�::N.:a �r.:,..;� :��<..�/t„,:.... .,�., raa;�. n o-a"^, ..Gw„.;..:..W...,:Mks;.,,..�.,�....._M.c.,...'riT: ..A.,.._:H..,.,.,a
18 C9.41-01 slfaill�consider%this6written�c it gie idlinerf s ch�.decis ons
,s, ap.-. ..,�. °�",w-; ss;.i..�...._.. �..��:.s.._ ,v_.�.. za '; ::.:.::�.. �x
19
20 7.05 ALTERNATIVES TO LAND DEDICATION: ..
21 The City Council may at its discretion accept any combination of land, facilities
22 improvements or monies in compliance with this ordinance to meet the demands and needs
23 of future residents.
24 A. Physical or Equipment Improvements to Parks
25 1. Compatibility with Park Master Plan:
26 A developer may have the option of improving existing facilities of
27 municipal parks or developing dedicated parkland in lieu of parkland
28 dedication or payment of cash,pi4-se1"ontrecoinmeridafionsfmade iniePark
Receation;an ;t)geri.S e�r-'Plan Should any of these options be
L:\CTYDOCS\ORD\DRAFT\PARK DED\DRAFTI.WPD 3
exercised,the municipality and the developer shall,prior to initiation of work
on such improvements, enter into an agreement for credit of expenses for
3 authorized park improvements. In no case shall the municipality be required
4 to reimburse the developer if he chooses to improve parklands at a greater
5 amount than required. Such agreement to provide facility improvements in
6 lieu of dedication or reservation shallbemsubmittedin:"wiitingwitl%ntha
7 appliFcatibn for the.preliminary plat;
8 2. Eligible Improvements:
9 Polic. decisionl e" .sidewalks; arkiri "landsca 1I1 °si a e ;og" t"rals
10 etc:)limpravemencof existing=-facilitieWincluded1
11 B. Payment of Fees
12 1. Determination of Improved Land Value:
13 Annually, during its budget adoption process,the City Council of the City of
14 Southlake shall establish a raw acreage acquisition cost figure to be used in
calculating park fees. The Council shall, after reasonable study and
investigation perforri etrisy;.an;independ"eiittregistered ids appraisal:firm
17 e average airmarket va ue:af w acreae>rn'theFCi de the cos_. ;�,,��.. �.... �,,,�u-:,•ems � �ti � ��... �__..
18 ofacquiring;dife acreofsucli landi This figure shall be the raw acreage cost
19 under which all park fees are calculated for the budget yeatp,
20 2. Payment Methods Allowed:
21 If a developer should be required or choose to make a payment of fees in lieu
22 of the dedication of land for park,f penT pace, and recreation purposes, the
23 City will then determine how much land the developer would have been
24 required to dedicate accordingtosSection.7:039 Unless otherwise approved by
25 th-q,qty.:qpypoWlh-61;r0:919pef.4,3Agrqprhengithe developer will pay the
26 applicable fee to the City prior to uiy constiuction
27
28 7.06 PRIVATE PARKS:
To;crecliff ward;an r`e uireii dedications ancUof�fee§,hair e::
�..., .,.. .�.....� Y __.q...� ,.�...,..�..�T��, � ._.._..._....__y,.�,� ._,..even•-toparkland.wluchra
L:\CTYDOCS\ORD\DRAFT\PARK DED\DRAFTI.WPD 4
IIIi r.d0-qica e'i, -th nCi.
3 7.07 APPROVAL PROCESS:
4 A. Park Board Recommendation:
5 Upon AmrtraP;.contac t�" ttii✓ I;an:4 ea01�.� jWi4tratiir:s a prove e;pr pec �
6 developel"sy W-i.W1he:annual vritWreport bf,pat`k; a rdFdl aractetistics ciesci b<ed in
7 Section 7 04,aThe T artidscape As toy sha11 1so report ti llif'Firki‘rd7WYA
8 park,land dedicationissues ansrn10fr iuent1 athut"rec nests sut ern H1°y ..
9 CiV-6#approv410±,5 ki Ir evaltIVOTOTaMil fO ri K1)W
10 B. City Council Consideration:
11 Ppon:recervmg-,a formal=:,recainrt ends ib f(irnw3the:.1'a kOBoaf --"the-:C€ " ounc°
12 shall:enter rritcian°agreeinerit)*iitl itUe d opeii foe ghe:p vrsign offdedie pa 11
13 land;: fees:.�:iirlieu; f eclieati": },.facr iesN ar stnr ziA6 --:improve li y;:arq
14 eombrnatrflnvt eWas Rout me : e or?v.
41) 1. Developer's Agreements
a. Boundary Corners Established:
17 Each corner of the park land to be dedicated shall be permanently
18 monumented with 3/4" iron pins set in concrete. These shall be
19 located and identified on a recordable plat or land survey completed
20 by a land surveyor registered in the State of Texas and provided to the
21 City by Owner and/or Developer.
22 b. Utility Extensions to Park:
23 A minimum size of 6"water main and sewer where available shall be
,
24 stubbed to the park area, in location(s) specified by the Director of
25 Public Works, to provide for future water and sewer needs of the
26 park.
27 c. Short-term Maintenance:
28 The Owner and/or Developer agree that no construction materials be
11/
disposed of or deposited within the park by its contractor,
L:\CTYDOCS\ORD\DRAFT\PARK-DED\DRAFTI.WPD 5
® subcontractors,employees or agents at any time while the subdivision
is being built. If materials are deposited or disposed of within the
3 park, the Owner and/or Developer will be required to remove these
4 materials within 72 hours of written notice by the City. Before the
5 City accepts this land,the Developer shall remove all trash and dead
6 trees.
7 2. Modifications and Variations:
8 The"<city;Caunc l;*jts_discfetiori-ma "modi or v "°the"<fernis of:'the
9 peveloper s, gement'priorw"execution irii,:ordergto;meet the demands and
10 needs of future residents.
11
12 7.08 USE OF FUNDS:
13 Any individual, organization or entity desiring to make a contribution to the park and
14 recreation system of the City of Southlake may contribute funds to be placed in this account.
0 Once funds have been placed in this specific account of the City, they are bound by the
restriction on use encumbering funds paid as a fee dedication requirement.
17 A. Fund Established:
18 Funds received by the City pursuant to this provision will be deposited in a special ,
19 escrow account denominated as the Park Land Account of the City of Southlake.
20 B. Permitted Expenditures:
21 Funds placed in this account may be expended only for the purchase, lease, or other
22 acquisition of park and open space areas by the City of Southlake, the improvement
23 and site preparation of such areas and sites,the extension of utilities to such sites,the
24 installation of landscaping,play equipment or recreation improvements on such sites,
25 and/or attendant engineering and planning costs associated with such park activities.
26 C. Inappropriate Expenditures:
27 Funds placed in this account may not be utilized for any other general business
28 activity of the City orsfq mail ten c7ofpark;.fagilities:!
111/ D. Authorization for Use of Funds:
L:\CTYDOCS\ORD\DRAFTWARK DED\DRAFTI.WPD 6
I
All expenditures from this fund shall be made in accordance with the City's Parks,
Recreation, and Open Space Master Plan and shall be approved by the City Council
3 of the City of Southlake,Texas, after a formal recommendation of the Parks Board.
4
•
L:\CTYDOCS\ORD\DRAFT\PARK DED\DRAFTI.WPD 7
Park Land Dedication and Valuation Matrix
Acres Required to be Dedicated per 50 Residential Lots or 50 Commercial Acres
and Valuation per
Acre 1 � :i fl b `r :\
fi ' o $200 $400 $600 $800 $1,000 $1,200 $1,400
P` I-.1 a $250 $500 $750 $1,000 $1,250 $1,500 $1,750 r
ti. di:A $300 $600 $900 $1,200 $1,500 $1,800 $2,100 e iixi 1?
$350 $700 $1,050 $1,400 $1,750 $2,100 $2,450 Ito ` j }
.„ ,,_.r �_ $400 $800 $1,200 $1,600 $2,000 $2,400 $2,800 f' jt -
. ' �.• o @ $450 $900 $1,350 $1,800 $2,250 $2,700 $3,150 1.
$500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500
I:\citydocs\ord\draft\park_ded\lot fee.wk4 (Current configuration) 01/22/97
S
ARTICLE VII
• PARK AND RECREATION DEDICATION REQUIREMENTS
Section 7.01 Park and Recreation Dedication Requirements:
A. Purpose: The requirements for open space, park and recreational areas contained in this
ordinance are intended to ensure that in new residential developments in the City of
Southlake there will be sufficient land dedicated or otherwise set aside to meet the demand
and need of the future residents of the development for open space, and neighborhood parks,
containing passive or active recreational areas that are reasonably attributable to such
development. In determining the size of the parcel, or parcels,that should be set aside and
reserved in the manner set out in this ordinance, the City Council has taken into
consideration the projected growth in population and development within the municipality
and the amount of open space and park and recreational facilities needed to accommodate
such growth. It is the policy of the municipality that when land is dedicated or otherwise set
aside and reserved for open space and park and recreational development it is designed to
serve and shall be of such size, character, and dimensions as is necessary to provide usable
open space and park and recreational areas.
B. Application: No final subdivision plat shall be approved on any development until the
dedication requirements of this section have been met. For any plat including an existing
residential dwelling the lot with the existing dwelling shall be exempt if the residential
dwelling remains on the lot.
.40
Section 7.02 Park and Open Space Policy:
A. The City Council of the City of Southlake has adopted a comprehensive plan for the
provision of park land, open space and recreation areas and facilities. Said plan is to be
maintained and updated by the City Planning and Zoning Commission and City Park Board
as a part of the comprehensive planning process. Under this plan, the City Council has
determined that one acre of park land or dedicated open space shall be required for each fifty
(50)residential lots or living units placed in development. This requirement is based upon
the recent development trend of the community which is resulting in an average of two
residential dwelling units per acre. Existing population by housing unit statistics reflect a
population density of approximately three individuals per living unit. The City Council, as
a portion of its park and recreation planning activities,has determined that one acre of park
or dedicated open space should be provided for each 150 residents of the City.
B. Although commercial and industrial development does not generate residential occupancies
per se, it does create environmental impacts which may negatively affect the living
environment 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
7-1
lighting,waste disposal, and noise by-products of commercial and/or industrial operations
and activities from adjacent residential areas. The City Council has therefore determined that.
11) commercial and industrial activities should provide dedicated parks and/or reserved open
space at a level of one acre of land for each 50 gross acres of development or portion thereof.
C. In compliance with the terms and conditions of this ordinance,each subdivider or developer,
in the course of subdivision, shall comply with the following:
1. Whenever a final plat is submitted to the City of Southlake for approval, such plat
shall contain a clear fee simple dedication to the City of Southlake of an area of land
for park purposes,which area shall equal one acre for each 50 residential lots or
living units to be covered by the residential development and/or 50 acres of land
projected for commercial or industrial development. Multi-family development shall
be assessed on a living unit rather than lot basis. Each duplex, triplex, fourplex or
apartment development shall be required to reflect the number of living units to be
incorporated in the development on the preliminary and final plat submissions.
2. The City Council has determined that the development of an area smaller than five
acres in'size for public park purposes is impractical and creates unreasonable and
unnecessary maintenance and operating expenditures. In appropriate circumstances,
the Council may accept a dedication of park land of less than five acres. However,
if fewer than two hundred fifty(250) lots or living units of residential development •
or 250 acres of commercial or industrial development are projected for development
on the final plat,the subdivider or developer may be required to pay a fee in lieu of
dedication to be used by the City for the acquisition of park or open space areas. The
fee shall be determined as set forth in Section 7.03 below.
3. In any case where a dedication is required the City shall have the right to accept the
dedication as submitted for approval on the final plat, or in the alternative,to refuse
dedication of the same, and in lieu thereof to require payment of cash under the
formula set forth in Section 7.03 below 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.
4. Any developer, irrespective of the size of the proposed development,who desires to
pay a fee or construct public improvements in lieu of the dedication of land, may
make such a proposal to the City Council,who may agree to accept the payment of
a fee or the construction improvements in lieu of dedication or some portion thereof.
5. In conformity with its park and recreation plan the City may choose to purchase and
improve a tract of land for park or recreation development prior to the initiation of
any subdivision platting activity in the immediate area. If the City acquires property
in such a manner,it may utilize any fees in lieu of dedication collected from platted
subdivisions or developments to reimburse the municipal account from which funds
were drawn to acquire the park or open space site.
7-2
6. If a developer desires to incorporate private park,recreation or open space areas or
amenities within his development he may receive limited credit for-these facilities
against his public open space dedication requirements. A developer shall be entitled
to request credit for any private park,recreation or open space area,but such private
park,recreation or open space amenities may never satisfy more than 50%of the total
park and open space dedication requirement.
7. No land dedicated or otherwise reserved in compliance with this article shall have
dimensions smaller than one hundred(100)feet in width and one hundred fifty(150)
feet in depth. In any development which includes wooded areas, flood plains, or
other natural features which are desirable to maintain,the City Council may grant an
exception from the strict application of these minimum dimensions whenever it
determines that by doing so the protection and preservation of such areas will be
promoted.
Section 7.03 Fees in Lieu of Dedication:
In order to ensure that park and open space areas are provided in such locations and sizes as to best
meet the recreational needs of the community,the City Council has established a provision to receive
the payment of fees in lieu of the dedication of land area.
A. Annually,during its budget adoption process,the City Council of the City of Southlake shall
establish a raw acreage acquisition cost figure to be used in calculating park fees. The
Council shall, after reasonable study and investigation and based upon the best available
information as to land and property values within the community determine what the cost
would be of acquiring one acre of vacant land in a developing area of the community. This
figure shall be the raw acreage cost under which all park fees are calculated for the budget
year.
B. If a developer should be required or choose to make a payment of fees in lieu of the
dedication of land for park and recreation purposes he will notify the Planning and Zoning
Commission of the number of acres projected for development in his final plat at the time
of final plat submission. The City will then determine how much land the developer would
have been required to dedicate by determining what percentage of a full 50 lot residential or
50 acre commercial or industrial subdivision is covered by the land area within the area to
be platted. Where a developer is proposing to pay a fee in lieu of land dedication for an area
larger than 50 lots,the method of calculation is identical but the percentage will exceed one
hundred percent.
C. The subdivider will pay the applicable fee to the City Secretary prior to the execution and
approval of the Developer Agreement.
D. Funds received by the City Secretary pursuant to this provision will be deposited in a special
escrow account denominated as the Park Land Account of the City of Southlake. Funds
placed in this account 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
7-3
of such areas and sites,the extension of utilities to 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 activities. Funds placed in this account may not be
' ! utilized for any other general business activity of the City. All expenditures from this fund
shall be made in accordance with the City's park and recreation plan and shall be approved
by the City Council of the City of Southlake,Texas.
Any individual, organization or entity desiring to make a contribution to the park and
recreation system of the City of Southlake may contribute funds to be placed in this account.
Once funds have been placed in this specific account of the City, they are bound by the
restriction on use encumbering funds paid as a fee dedication requirement.
Section 7 04 Character of Dedicated T and:
A. Land dedicated 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
buffer, active recreation for team or individual sports,playground, tot lot,picnic area, etc.
B. Natural areas or flood plains which provide unique opportunities may be included in areas
dedicated or otherwise set aside or reserved for open space. 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:
1. Preservation 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 City of Southlake with the consent of the
City.
41
7-4
Section 7.05 Maintenance of Private Parkland:
it A. If the open space and park and recreational areas required by this ordinance are to remain
private, such areas shall be maintained by and deeded to a homeowners' association, or a
trustee. No plat containing a reservation of private open space and park and recreational
areas shall be approved until the applicant shall have filed with the City a declaration of the
covenants and restrictions that will govern such association or trustee, and received approval
of the same from the Planning and Zoning Commission and the City Council. Such
instrument shall be approved by the City Attorney as to legal form and effect, and the City
Council as to the suitability of the proposed use of the proposed open space and park and
recreational areas.
B. The covenants and restrictions, when submitted, shall provide: For establishment of the
homeowners' association or trust prior to the sale of any part of the property, that the
covenants and restrictions and maintenance shall be permanent, that the homeowners are
liable for the payment of maintenance fees and capital assessments,that unpaid homeowners'
fees and assessments will be a lien on the property of the delinquent homeowners,that the
association or trustee shall be responsible for liability insurance, taxes and perpetual
maintenance,that membership shall be mandatory for each homeowner and any successive
buyer, and that each homeowner, at the time of purchase, shall be furnished with a copy of
the approved restrictions or conditions.
Section 7.06 Platting Requirements:
IDAny land dedicated or otherwise reserved under this ordinance for open space or park and
recreational areas shall be shown on the face of a plat submitted for approval by the Planning and
Zoning Commission. The land proposed to be dedicated or otherwise reserved shall be submitted
by the developer or owner simultaneously with the filing of the preliminary plat to the city staff for
consideration by the Planning and Zoning Commission for recommendation to the City Council.
Upon approval, the final plat shall be filed of record in Tarrant County.
Section 7.07 Facilities Improvements in Lieu of Reservation of Open Space or Park and
Recreational Ares:
A developer may have the option of improving existing facilities of municipal parks or developing
dedicated parkland in lieu of parkland dedication or payment of cash. Should any of these options
be exercised, the municipality and the developer shall, prior to initiation of work on such
improvements, enter into an agreement for credit of expenses for authorized park improvements.
In no case shall the municipality be required to reimburse the developer if he chooses to improve
parklands at a greater amount than required. Such agreement to provide facility improvements in
lieu of dedication or reservation shall be clearly noted on the face of the preliminary plat at the time
of submission to the City for action.
Section 7.08 Prior Dedication or Payment of Cash in Lieu of Dedication or Reservation:
di
7-5
A. Credit shall be given for any dedication or reservation of open space or park land(but not
in excess of 50%of the requirement if the park land is private)or payment of cash in lieu of
• dedication or reservation made pursuant to this ordinance or deed restriction prior to the date
of passage of this ordinance.
B. If a dedication or cash payment in lieu of dedication requirement arose prior to the passage
of this Ordinance,that dedication or cash payment in lieu of dedication requirement shall be
controlled by the provisions of the ordinance in effect at the time such obligation arose,
provided the final subdivision plat has been filed with the City for approval prior to the
passage of this Ordinance.
C. At the discretion of the City Council, any former gift of land to the municipality 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 recommendations of the Planning
and Zoning Commission and the Park Board in exercising its discretion under this paragraph.
The City Council may, at its discretion accept any combination of land, facilities improvements, or
monies in compliance with this ordinance to meet the demands and needs of future residents.
Section 7.09 Standards for Dedicated Parklands:
A. That the Owner and/or Developer agree that no construction materials be disposed of or
deposited within the park by its contractor, subcontractors, employees or agents at any time
while the subdivision is being built. If materials are deposited or disposed of within the park,
the Owner and/or developer will be required to remove these materials within 72 hours of
written notice by the City.
B. That each corner of the parkland to be donated 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 the State of Texas and provided to the City by
Owner and/or Developer.
C. That before the City accepts this land, the developer shall remove all trash and dead trees.
D. That the developer provide for adequate drainage through the proposed park to eliminate
standing water and health hazards.
E. A minimum size of 6" water main and sewer where available to be stubbed to the park area,
in location(s)specified by the Director of Public Works to provide for future water and sewer
needs of the park.
F. Sidewalks where applicable be constructed that provide contiguous walkways.
G. Signage designating this area as parkland may be supplied by developer and/or owner. The
selection and type of signage will be approved by the Director of Public Works.
7-6
H. Any detention ponds and/or other drainage facilities to be placed in areas which are to be
dedicated as parkland must be designed and constructed to allow for dual recreational use.
•
Construction plans may be required to demonstrate that the design, placement, and
construction of such ponds meets the requirements of the Director of Public Works.
I. Developer shall meet with Director of Public Works to establish a written punch list of all
the above items.
The City Council may, at its discretion accept any combination of land, facilities improvements, or
monies in compliance with this ordinance to meet the demands and needs of future residents.
•
r-
7-7