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1990S29-AMENDING 87S11 ARTICLE III ORDINANCE f1o-5-;Jfj AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE SUBDIVISION ORDINANCE, NO. 87-S-11, ARTICLE III, DESIGN STANDARDS, SECTION 24, PUBLIC SITES AND OPEN SPACES; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS I THAT, Subdivision Schertz, Texas, Article III, in the following manner: Ordinance 87-S-11 Design Standards, of the City of is hereby amended .. ARTICLE III. DESIGN STANDARDS Section 24 Parks and Recreation Areas 24.1 Purpose. 24.1-1'0 Finding that adequate neighborhood parks are essential to the health and general well being of the citizens of this City, this Ordinance is passed to provide improvements to existing parkland, provide for the establishment, maintenance and operation of a Parkland Dedication Fund, to establ ish requirements for and procedures governing required dedications of parkland, or improvements to existing parkland, 'by subdividers of land for residential subdivisions and to provide for cash payments in lieu of land by subdividers of land for residential subdivisions in certain cases. 24.1-B Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and located within a convenient distance from a majority of the residences to be served thereby. 24.2 Park/Recreational Used for Single-Family Purposes. Land in a Residential Subdivision to be Dwelling and/or Apartment Residential A final plat establishing a residential subdivision either within the City or within the area of extraterritorial jurisdiction of the City shall contain the dedication of an area of land for park purposes meeting the requirements set out in this Ordinance, or a notation signed by the City Manager of receipt of an approved cash payment in lieu of land. The subdivider of a residential subdivision shall dedicate to the City one (1) acre of land for each one hundred thirty-three (133) proposed dwelling units within the subdivision. A proposed preliminary plat submitted for approval must (i) show the location and dimensions of the area proposed to be dedicated for parkland, (ii) the number of dewlling units to be located within the proposed subdivision (whether single or multi-family units), (iii) whether all or any part of the property to be dedicated as a park is located in a special flood hazard area, as such areas are defined in this Code, and (iv) the proposed streets and utilities to serve the parcel to be dedicated as parkland. 24.3 The Development of Areas Smaller Than One (1) Acre. The development of areas smaller than one (1) acre for public park purposes is deemed to be impractical. If fewer than one hundred thirty-three (133) dwelling units are proposed to be created by a plat, then prior to filing the plat, the subdivider shall be required to pay to the City the applicable cash payment in lieu of land and shall not be required to dedicate any land area. No plat showing a dedication of less than one (1) acre shall be approved for a public park. 24.4 Dedication of Less Than Two (2) Acres. If less than two (2) acres is required by this Ordinance to be dedicated by the subdivider, the City Planning and Zoning Commission shall have the right to recommend approval of the dedication of such parcel on the final plat, or to refuse such dedication and to require the developer to pay the cash payment in lieu of land applicable to the subdivision. 24.5 Dedication Procedures. The subdivider of a residential subdivision shall make the dedication required by this Section by filing of the approved final plat for record together with such other documentation as may be requested by the City. If the actual number of completed dwelling units within the residential subdivision exceeds the number of dwelling units in the approved plat, then additional dedication shall be required, and the subdivider shall make such dedication by payment of a cash payment in lieu of land; provided, that if the number of completed dwelling units exceeds the number proposed in the preliminary plat by more than fifty -2- percent (50%) of the number of units originally proposed, then the amount of the cash payment in lieu of land for the dwelling units that exist in excess of that proposed shall be at twice the per dwelling unit amount. 24.6 ParkLand Subdividers. Dedication bv Commercial or Manufacturinq A subdivider of land to be devoted solely to nonresidential use, located within the City or within the area of the extraterritorial jurisdiction of the City, shall not be required to make a dedication or cash payment in lieu of land; provided, however, that if the subdivision is to be converted to residential use at some future time, then (i) no building permit shall be issued for residential construction, (ii) no residential construction shall commence, and (iii) if the land is located outside the City limits of the City, no City services will be provided until the then owner of the property to be used for residential purposes satisfies the then existing requirements of dedication of parkland or makes payment of a cash payment in lieu of land. 24.7 Development of Subdivision by Units. If a subdivision is to be developed in stages or by units and the final platting of the park area to be dedicated is to be included in the second or later unit, then the subdivider shall complete or deliver to the Planning and Zoning Commission, with the final plat of the first unit of said subdivision, a proposed contract executed by the subdivider providing for the dedication of such future parkland, which contract shall contain provisions securing the performance of the subdivider. The form of such contract must be approved by the City Attorney and shall be subject to review by the Planning and Zoning Commission and approval of the City Council. 24.8 Cash Payment in Lieu of Land. 24.8-A Right to Request Waiver of Dedication Requirement. A subdivider obligated to make a dedication of land may request the City to waive the required dedication of land, in whole or in part, and to accept a cash payment in lieu of land. The amount of such cash payment in lieu of land shall be calculated by multiplying the number of dwelling units proposed to be established on the property covered by the plat times the amount per dwelling unit then in effect, which request shall be subject to recommendation of the -3- Planning and Zoning Commission and final approval by the City Council. A cash payment in lieu of land so approved shall be made at or prior to the time of final plat approval. 24.8-B Required Cash Payment in Lieu of Land. In addition to the provisions of Section 24.11-E, a subdivider of land subject to Section 24.3 or Section 24.4 (if required by the City) shall make the cash payment in lieu of land described in this Section 24.8. Cash payments in lieu of land shall be calculated by multiplying the number of dwelling units times the price per dwelling unit set from time to time by resolution of the City Council. Unless changed by City Council, such payment shall be computed on the basis of $225.00 per dwelling unit. 24.9 Parkland Dedication Fund. 24.9-A Special Fund. all cash payments established. This Dedication Fund. A special fund for the deposit of paid in lieu of land shall be fund shall be known as the Parkland 24.9-B The City shall deposit sums collected as cash payments in lieu of land in the Parkland Dedication Fund. The City shall expend such funds collected for the acquisition of land for and equipping of local neighborhood parks, or the improvement of existing parks, of benefit to the subdivisions the platting of which generated such sums. should the City not expend the sums received from a subdivider for acquisition and equipping of a neighborhood park, or the improvement of an existing park, of benefit to the subdivision the platting of which generated such payment within five (5) years from the date of receipt thereof, the sums not expended shall be subject to being refunded as provided below, but if no request for a refund is made, may be expended as provided in paragraph 24.9-D below. 24.9-C Records and Riqht to Refund. The City shall maintain records detailing the receipts and expenditures for the Parkland Dedication Fund on a subdivision by subdivision basis. If the City has not expended all of the funds representing the cash payment in lieu of land for a subdivision within five (5) years from the date of payment of the cash payment in lieu of land, the owners of the lots established by the subdivision plat that generated the cash -4- payment in lieu of land as of the expiration of five (5) years from the date of deposit of funds related to thast subdivision shall be entitled to a refund calculated by dividing the amount of unexpended funds for a subdivision by the number of lots created by the subdivision of such unexpended sums that are related to the subdivision. Parties entitled to a refund must file a written request for a refund with the City Manager within six years from deposit of the cash payment in lieu of land applicable to such parties' subdivision to the Parkland Dedication Fund or such right to a refund shall be barred. 24.9-D Use of Un refunded Sums. If the City is unable to acquire land or improve an existing park within a reasonable distance from a subdivision so as to directly benefit the residents of the subdivision which generated the funds, or if the City is unable to acquire and equip a neighborhood park or improve an existing park for the amount of the cash payments in lieu of land for the particular subdivisiosn within five (5) years from the date of deposit of such funds by the subdivider, the funds, if not refunded, shall be spent on the acquisition and equipping of new park facilities or the improvement of existing park facilities in the City. 24.10 Conveyance of Title. In addition to a formal dedication on the plat to be recorded, the subdividers shall convey the land to the City by general warranty deed. The land so dedicated and conveyed shall not be subject to any reservations of record, encumbrances of any kind, or easements which, in the opinion of City, will interfere with or materially increase the cost of making such land available for parks or recreational purposes. 24.11 Character of the Land to be Dedicated. 24.11-A Location Within Subdivision. The subdivider shall designate for dedication a tract that is centrally located within the proposed subdivision that the park will serve unless, in the opinion of the City, another location will facilitate the combination of dedicated park areas to form a single park to serve two or more subdivisions. Approval of the location and configuration of the park is in all events subject to the approval of the City. The subdivider may contact adjoining landowners and present a schematic plan proposing joint dedication with the preliminary plat. If necessary for optimum park placement, proposed parkland -5- may be split into two (2) or more separte parks. expressly approved by the city, a park shall not less than two (2) acres. Unless contain 24.11-B Land Suitable. dedicated park site suitable for open play. At least 50 (50%) percent of a shall be level, wep drained and 24.11-c utilities and Access. Potable water and sewage connections shall be readily available at the park site, wi th water and wastewater I ines located along the street frontage. The applicant must demonstrate to the satisfaction of the City that sufficient living unit equivalents that are not otherwise committed to other property are available to serve the park within these water and wastewater lines. 24.11-D Drainage Improvements. Any detention ponds and/or other drainage facilities to be constructed in areas that are to be dedicated as parkland must be designed and constructed to also allow for recreational use. The subdivider may be required to demonstrate that the design, placement and construction of such ponds meet the requirements of the City. 24.11-E Right to Reject Land. If the City determines that sufficient park area is already in the public domain in the proposed development, or if the recreation needs for the area would be better served by expanding or improving existing parks, the City has the right to accept the dedication or to refuse same and require a cash payment in lieu of land. 24.11-F Finding of Benefit. A finding by the City Council that acquisition and equipping of a particular new park facility or the improvement of a particular existing park facility will benefit the residents of a particular subdivision shall be conclusive. 24.12 Flood Plain The following standards shall apply to all land proposed for dedication or parkland which is located in a special flood hazard zone as defined in this Code (the "Flood Plain"). 24.12-A Amount of Credit For Flood Plain. Every acre of proposed dedicated parkland located within the Flood plain shall count as 1/2 acre of land towards the subdivision's total parkland dedication requirement. -6- 24.12-B Criteria for Flood Plain. Flood plain areas will be considered for eligibility as land to be dedicated based on the following criteria: (1) The Flood Plain area is easily accessible and has adequate street frontage. (2) There has been minimal alteration of the natural character of the waterway and the Flood plain area. (3) In no case will Flood Plain areas be accepted which are less than 100 feet in width. (4) The area's configuration and topography is suitable for the placement of low-intensity facilities such as playgrounds, picnic facilities and open play fields. 24.13 Development of Neighborhood Park by subdivider. Subject to prior approval by the City, the subdivider shall have the option of developing the park within the subdivision to be platted. Park improvements to be constructed by a subdivider must be in compliance with the recommendations of City Staff, the Planning and Zoning Commission and the final approval of the City Council. Should the subdivider seek to exercise this option, the subdivider must obtain the prior written approval of the City, and the City and the subdivider shall be required, prior to initiation of work on such improvements, to enter into a contract in form and substance satisfactory to the City for reimbursement of the subdivider's expenses for author ized park improvements upon final acceptance of improvements in the park. Such contract, if all parties agree, may provide for reimbursement over an extended time period with interest on the unpaid balance. 24.14 Private Parks 24.14-A Private Parkland. Up to fifty (50%) percent in area of a subdivision's total parkland dedication requirement may be satisfied through the dedication of a private park within the subdivision. A combination of land and facilities may be counted toward the allowable fifty (50%) percent credit. 24.14-B Maintenance of Private Parks. The subdivider must submit a condominium declaration, homeowner's agreement or similar document which establishes the private ownership and maintenance responsibility of any private park areas -7- together with a mechanism for funding the maintenance of the park established to meet the requirements of this Ordinance. In addition, a plat note must be included on the preliminary plat and final plat stating the ownership and maintenance responsibility of all private park areas. 24.14-c Requirement of Continued Use. A restr icti ve covenant shall be recorded at the time of the recording of the plat, which covenant shall run with the land subdivided. The covenant shall restrict use of private parks and facilities to park and recreational purposes and must be submitted for approval by the City prior to final plat acceptance. 24.14-D Security for Performance. The City may require financial assurances from the subdivider that the private park will be developed and completed, with assurances that a failure by the subdivider to timely complete the improvements to the park shall result in a dedication of the private park to the City and the proceeds of the financial assurances as offered become the property of the City for use in completing the park. 24.15 Submittal Requirements. All information required by this Section of this Ordinance must be submitted at the time the preliminary plat is submitted to the Planning and Zoning Commission for review. 24.16 Payment of Fees and Letters of Credit. All required fees and letters of credit must be paid/posted as a part of the final plat approval." II Repeal of Conflicting Ordinances or Orders. All orders, ordinances or parts of ordinances in conflict with this Ordinance or inconsistent with the privisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect. -8- Approved on first reading the JZ of ..J~~, 19~. PASSED, APPROVED AND ADOPTED this the~ day of (?~~~/7 19 '70-. ATTEST: . y Secretary, city of Schertz (SEAL OF CITY) -9-