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
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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
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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
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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
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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.
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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,
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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.
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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.
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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.
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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
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