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HomeMy WebLinkAboutResolution No. 2016-058CITY OF THE COLONY, TEXAS RESOLUTION NO. 20k(.0- () 5'9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ACCEPTING :MONEY IN LIEU OF PARKLAND DEDICATION FOR VILLAGE AT THE POINTE, A RESIDENTIAL TOWN HOME DEVELOPMENT LOCATED ON AN APPROXIMATELY 12.5 ACRE TRACT OF LAND NEAR THE SOUTHWEST CORNER OF MEMORIAL DRIVE AND SOUTH COLONY BOULEVARD WITHIN THE PLANNED DEVELOPMENT 16 (PD -16), ALSO KNOWN AS THE CASCADES PLANNED DEVELOPMENT ZONING DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 5(1) of Appendix C of the City of The Colony, Texas, Code of Ordinances entitled "Park Dedication" provides the following: " Conveyance or payment of money required The owner of any property to which this ordinance applies, which is to be developed for residential purposes shall convey for park purposes land, or make a payment of money in lieu of land, or a combination of both, to the city at the time of subdivision platting to provide for the recreational needs created by such development, in accordance with the provisions of this ordinance. WHEREAS, Section 5(4) of Appendix C of the City of The Colony, Texas, Code of Ordinances provides factors to be considered in making a determination of whether a proposed money in lieu of land shall be made, and shall include the following factors: (a) whether the proposed land to be conveyed for park purposes would be suitable as a public park; (b) the parks and recreation master plan' for the area in which the development is located; (c) the recommendation of the department of parks and recreation; (d) whether the proposed land to be conveyed for park purposes is adjacent to an existing or proposed school site; (e) whether there is sufficient existing public or private park land in the area of the proposed development; (f) whether the park needs of the area where the proposed development is located would be best served by expanding or upgrading existing parks; (g) land located adjacent to a greenbelt park; and (h) the guidelines of the current comprehensive plan of the city; and WHEREAS, Section 7 of Appendix C of the City of The Colony, Texas, Code of Ordinances provides the amount of money to be paid in lieu of park land dedication; and WHEREAS, the City Council of the City of The Colony, Texas, has discussed and considered the Park land Dedication Ordinance and finds and determines that money in lieu of land is in the best interest of the City and is consistent with Appendix C of the Code of Ordinances of the City of The Colony, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AS FOLLOWS: SECTION 1. That the foregoing recitals are hereby found to be true and correct findings of the City of The Colony, Texas, and are fully incorporated into the body of this Resolution. SECTION 2. That pursuant to Appendix C of the Code of Ordinances of the City of The Colony, Texas, the City Council of the City of The Colony, Texas, accepts money in lieu of parkland in the amount of Two Hundred Thirty -Five Thousand Four Hundred Fifty -Four and 031100 Dollars ($235,454.03) for the Village at The Pointe, residential town home development to be located on an approximately 12.5 acre tract of land near the southwest corner of Memorial Drive and South Colony Boulevard, and located within the Planned Development 16 (PD -16), also known as the Cascades Planned Development zoning district. SECTION 3. The payment of money as required by this Resolution shall be paid as a condition of approval of any final plat or replat. Payment shall be made prior to the filing of the plat unless otherwise stated in any agreement approved by the City Council in accordance with Section 7(2) of Appendix C of the Code of Ordinances of the City of The Colony, Texas. SECTION 4. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 4a' day of October, 2016. T ST: y� `A SJU a -A - Tina Stewart, City Secretary APPROVED AS TO FORIM: Moore, City)Attorney �' �el J e McCourry, Mayor SEAL •TEX ASS