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HomeMy WebLinkAboutOrdinance No. 97-980· ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. ~ (~ ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CITY OF THE COLONY'S CODE OF ORDINANCES BY THE ADDITION OF APPENDIX C PARK DEDICATION; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) AND THAT EACH DAY IN VIOLATION SHALL BE CONSIDERED A SEPARATE OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined and declared that there is a need for additional recreational areas in the form of parks created by new residential development; and WHEREAS, the City Council has determined and declared that the cost of providing additional parks should be borne by the developers of new residential developments which create the need for such facilities and which, by reason of the proximity of their properties to such parks, are benefitted thereby; and WHEREAS, the City Council has determined and declared that the only adequate procedure to provide for the need for additional recreational areas in the form of parks created by new residential development is to require the dedication of land, or the payment of money in lieu of land, as a condition to the approval of plats for new residential development; and WHEREAS, the City Council has determined that an ordinance amending the City's subdivision ordinance requiring the dedication of land, or money in lieu of land, to provide for recreational areas is necessary and substantially related to the health, safety, and welfare of its citizens; and WHEREAS, the City Council is adopting the provisions of this ordinance in accordance with the home rule power of the City granted under the Texas Constitution and the statutes of the State of Texas, including by not limited to Chapter 212 of the Local Government Code; and WHEREAS, a public hearing on the proposed adoption of this ordinance has been held as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the recitals set forth above are found to be and true and correct and incorporated herein for all purposes. Section 2. That the Code of Ordinances is hereby amended by the addition of Appendix C Park Dedication, so that said Appendix shall hereafter read as follows: APPENDIX C PARK DEDICATION Sec. 1. PURPOSE. This ordinsnce is adopted to insure that adequate recreational areas in the form of parks are provided to meet the additional need created by new residential development. See. 2. SCOPE. The provisions of this ordinance shall apply to all new residemial development within the City of The Colony and all residential subdivisions within its extraterritorial jurisdiction after the effective date of the ordinance for which a final plat or preliminary final plat is required to be submitted to the City for approval in accordance with state law and the ordinances of the City of The Colony. See. 3. EXEMPTIONS. The provisions of this ordinance shall not apply to the following: a. Residential development for property to be located on a lot of record, f'mal plat, or replat which was approved prior to the effective date of this ordinance. b. Residential development constructed or to be constzucted in accordance with a building permit issued prior to the effective date of this ordinance. Sec. 4. DEFINITIONS. For purpcees of this ordinance, the following words, except where the context clearly indicates otherwise, shall be defined as follows: a. 'Commission ~ shall mean the Planning and Zoning Commission of the City of The Colony, Texas. b. ~Council~ shall mean the City Council of the City of The Colony, Texas. c. "Dwelling Unit* shall mean any building, structure, or mobile home, or part thereof, which is designed, used, or intended to be used, for human occupancy as the living quarters of one housekeeping unit or family. d. ~Park Board" shall mean the Parks and Recreation Board of the City of The Colony, Texas. e. "Park~ or nPublic Park" shall mean public land in or near the City kept for onmment and recreation and maintained in its natural state, with or without improvements thereon. f. *Residential" or ~Residential Development" shall mean the actual or propuc, ed use of land for one or more buildings, structures or mobile homes which are designed or intended to be used, in whole or in pert, for one or more dwelling units, but which are not motels or hotels as defined by Appendix A--Zoning of the Code of Ordinances of the City of The Colony. g. ~Subdivider or Developer" shall mean an individual, fa-m, association, syndicate, co-permership, corporation, or other organization dividing or proposing to divide land, developing or making improvements to such land, so as to effect a subdivision of land b. ereunder for himself, or for itself, or for another. h. ~Subdivision" shall mean the division of any lot, ~act, or parcel of land into two (2) or more lots or sites for the purpose of sale or of building development, whether immediate or future. The term includes resubdivision or replatting of an existing subdivision, building upon, or other development of land, but does not include the division of land for agricultural purposes, i.e., ranching, fanning and dwelling pertaining to such uses, in tracts of ten (10) acres or more and not involving any new street, alley, or casement of access. When appropriate to context, the term subdivision shall relate to the process of subdividing or to the land subdivided. Subdivisions of mobile home speces for sale, lease or rent shall comply with all provisions of the City of The Colony Code of Ordinances regulating mobile home parks, as it now exists or it may hereafter be amended. Sec. 5. GENERAL REQUIREMENTS. 1. 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 ~s land, or make a peyment 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. 2. Proposed Number of Dwelling Units to be Submitted. Ali plats, lots of record, replats, site plans or propue, ed improvements of land for new residential development, required to be submitted to the Commission and Council, shall indicate the number of proposed dwelling units to be constructed or placed within the development on such plat, lot of record, replat, or site plan. 3. Determination of Requirements. In reviewing any lot of record, plat, site plan, or proposed improvements of land for a new residential development, the Council shall, except where a peymont of money in lieu of land is automatically required to made under sul~,ecfion 6 below, make a determination of whether a conveyance of land, payment of money in lieu of land, or combination of both, shall be made to meet the requirements of this ordinance. 4. Factors Considered. In making a determination of whether a proposed conveyance of land, money in lieu of land, or combination of both, shall be made to meet the requirements of this ordinance, the Commission shall recommend what would be in the best interest of the City based upon the Park Board's review and consideration of relevant factors, which will include the following: 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 he conveyed for park purposes is adjacent to an existing or propesed school site. e. Whether there is sufficient existing public or private park land in the area of ~e proposed development. f. Whether the park needs of the area where the proposed development is located would he best served by expanding or upgrading existing parks. g. Land located adjacent to a greenbelt park. h. The guidelines of the current Comprehensive Plan of die City of The Colony. 5. Suitability of Proposed Conveyance of Land for Park Purposes. A proposed conveyance of land to meet the requirements of tiffs ordinance shall not generally be considered suitable for public park ~s if it has one or more of the following characteristics: a. Generally if more than 20% of the proposed park site is located within the 100-year floodplain, as shown on the latest flood insurance rate map or floodplain ordinance adopted by the City of The Colony on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to die community. The City of The Colony may take more than the 20% floodplain land if its determined in the best interest of the City of The Colony. (See subsection 4 of Sec. 6. below regarding credit for donation of floodplains.) b. The proposed park site dedication is less than 5 acres for a park, unless the proposed dedication is located in such a manner in which it could he combined with other dedications to create a park of adequate size. c. It has unnsua I topography or slope which renders it unsuitable for organized recreational activities. d. It does not or would not front an improved public sl~eet or would not be readily accessible, in whole or in part, to the public. e. When one or more developments will be necessary to create a paxk of sufficiant size in the same area, the Park Board, prior to the time of preliminary plat approval, will work with the developers to define th-e optimum location of their dedication within their plats. Once a park site has been determined, adjacent property owners who develop around the park site will dedicate land adjacent to the existing site unless otherwise determined by the City Council. 6. Combination of Land and Paymem of Money. The Council may, when the best intereat of the City would be sexved, require a combination of the dedication or conveyance of land and the payment of money in lieu of land to meet the requirements of this ordinance or total payment in lieu of land conveyance. Provided that the developer shall be required to pay the applicable cash in lieu of land as prodded in Sec. 7, rather than dedicate any area of land which is deemed impractical for public park ~ by the City Council. No plat showing a dedication of leas than one acre shall be approved unless the land being dedicated is adjacent m an existing park area. Sec. 6. CONVEYANCE OF LAND REOUIREMENTS. Where the Council determines u~t a conveyance of land shall be required, in whole or in part, to meet the requirements of this ordinance, the following provisions shall apply: 1. Amount. Any required conveyance of land shall he in an amount proportionally equal to 682 square feet per dwelling unit on all proposed residential developments as defined herein. 2. .Manner and Method. Plats of subdivisions required to be submitted for approval by the City in accordance with the Local (3ovemment Code Sections 202.001 through 212.017, shall show thereon a fee simple conveyance to the City of the land required by this ordinance for park purposes as a coMition of approval of such plat by the Council, and the City may further require the conveyance of the park property by General Warranty Deed. As a condition of acceptance of the plat or deed by the City, the subdivider shall provide the City with an Owner's Title Policy of Insurance in an amount equal to the value of the land conveyed, which amount shall be determined by the City. a. Single Family. Duplex Residential and Multi-Family Developments. The amount of land needed shall be based on 682 square feet per dwelling unit based on the actual density allowed in each of the proposed residential zoning dlst~icts. Actual density shall be determined at the time of platling. The City shall determine the density on a given development. b. If any zoning or subdivision change results in an increase in the number dwelling units allowed on a platted lot, the difference shall be made up by the developer as a fee in lieu of land dedicated to be paid prior to issuance of a building 3. Credit for Prior Dedications. Where a gift of land was made prior to the effective date of this ordinance by the owner of land required to convey land under the provisions of this ordinance, the fourier gift of land shall be credited on a per acre basis toward the required conveyance provided by this ordinance, when the Council finds that: a. The gift was made within five years of the effective date of this b. The land given was within 1/2 mile of the new development for which is required to be conveyed. c. The land given is not being presently used for purposes incompatible with park purposes and is suitable for park purposes. d. A credit may be given for on-site improvements that are compatible with long range development plans for the proposed park. The credit provided for herein shall not be transferable and shall only be given to the donor of the land who is the owner of the property being developed for which a conveyance of land is t~quired by this ordinance unless said prior conveyances were included as a part of an executed facilities and/or development agreement with the City of The Colony and the developer. 4. Credit for Conveyance of Floodplains. In cases where flood plain land or property is proposed to be conveyed to satisfy the park land requirements, a credit will be given based upon the following formula or ratio: Three (3) acres of floodplain shall equal one (1) acre of non-floodpinin land 5. Location. The land required to be conveyed may be located inside or outside the boundaries of the development so long as the land is so located and in such proximity to the development so as to serve or benefit parsons residing therein, as approved by the Council. 6. Imorovements to be Made. The person required to convey land shall be responsible for, and pay the costs of, providing convenient access by improved streets, sidewalks, adequate drainage improvements so that the site is suitable for the purpose intended, and water, sewer, and electrical utilities to the propany required to be dedicated or conveyed in accordance with the procedures applicable to other public improvements as specified in the subdivision ordinance of the City of The Colony; provided, however, that the Council may waive, in whole or in part, such required improvements where an amoum of land in excess of the requirements of this ordinance is conveyed, the value of which is equal to, or greater than, the cost of the improvements being waived. Such waiver shall be specified, on a case by case basis, in a facilities agreement between the developer and the City for the given subdivision. Sec. 7. MONEY IN LIEU OF LAND. Where the Council determines that a payment of money in lieu of land shall be made, the following provisions shall apply: 1. Amount Required to be Paid. a. Any payment of money required to be paid by this ordinance shall be in an amount equal to the average per acre value of the whole property included within the residential development. The acquisition price for land shall be equal to the appraised value of the land based at the time of the appraisal. b. In determining the average per acre value of the total land included within the proposed residential development, the Council may base its determination on one or more of the following: (i) The most recent appraisal of all or part of the property made by the Central Appraisal District; or (ii) Confu'm sale prices of all or part of the property to be developed, or comparable property in close proximity thereof, which have occurred within two (2) years immediately preceding the date of determination; or (iii) Where, in the judgment of the Council, (i) or (ii) above would not, because of changed conditions, be a reliable indication of the then current value of the land being developed, an independent appraisal of the whole property shall be obtained by the City and paid for by the developer. 2. Time of Payment. Any payment of money required herein 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 a facilities agreement approved by the Council. 3. Park Developmem Fond. All cash payments paid to the City in accordance with this ordinance shall be deposited in a separate Park Developmem Fund. The City shall account for all such payments with reference to each development for which the payment is made. 4. Use of Funds. Any payments made to the Park Development Fund shall be used solely for the acquisition, development, expansion or upgrading of parks located within the same planning area as identified on ~e "Future Parks Plan" or general area where the proposed development for which payment was made is located. 5. Right to Refund. If all or part of the payments made for a development are not expended for ~ puq~ses anthodzed herein within four and one-half (41/2) years of the date that 95% of all certificates of occupancy have been issued for the completed development of the property for which the payments were made, the person ur entity who made such payments shall be entitled to a refund on all unexpended funds, if a written request for refund has been made within (me (1) year of entitlement. If no such timely request is made, the right to a refund of the unexpended funds shall be considered waived. Sec. 8. PENALTIES~ SANCTIONS, AND REDETERMINATIONS. 1. Requirements to be Satisfied Prior to Development. It shall be unlawful for any persen who is required to cenvey land, or pay money in lieu of land, as required by this ordinance, to begin, or allow any other person or contractor to begin, any construction or improvements on any land within the development to which this ordinance applies, until the required conveyance of land, or payment of money in lieu of land is made to the City in accordance with this ordinance. 2. Permits and Services to be Withheld. No building permits shall be issued for, and no permanent utility services shall be provided to any land within any development to which this ordinance applies until the required conveyance of land or payment of money in lieu of land is made to the City in accordance with this ordinance. 3. Redetermination of Requirements for Proposed Additional Dwelling Units. After the Council has made a determination of the requirements of this ordinance, or after the requirements of this ordinall~ have [~ll met, based upon the proposed number of residential dwelling units for any land to which this ordinance applies, any person who desires to conslxuct a number of dwelling units in excess of the number dwelling units for which the requirements of this ordinance were determined or met, must submit to the Council a revised zoning proposal for addition.al dwelling units for the development. Once the Council has approved a zoning ordinance increasing the number of dwelling units allowed on a platted lot, the developer shall either convey the additional park land through a plat or repist, or shall pay a fee in lieu of park land for the additional dwelling units, at issuance of building permits. Where a payment of money was originally made to meet the requirements of this ordinance, the parson proposing to consa'uct additional dwelling units may be required to convey land for all or part of the development. In such case, after the required conveyance is made, the payments, or portion thereof, previously made, which are satisfied by the dedication of land, shall be returned by the City. Section 3. Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction be subject to a fine in accordance with Sec. 1-5 of the general provisions of the Code of Ordinances. Section 4. If any section or provision of this ordinance or the application of that section or provision to any person, firm, corporation, situation or circumstance is for any reason judged invalid, the adjudication shall not affect any other section or provision of this ordinance or the application of any other section or provision to any other person, firm, corporation, situation or circumstance, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions of this ordinance shall remain in full force and effect. Section 5. This ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. This ordinance shall take effect immediately from and after its passage and approval, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the official newspaper of the City of The Colony, Texas, within ten (10) days of the passage and approval hereof. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, this ~ c~ day of ~ ~c¢~rT . 1997. / Mary Blair Wat~ Mayor ATFEST: Patti Hicks, City Secretary APPROVED AS TO FORM: City Attorney