08-22-1989
"F
PLANNING AND ZONING MINUTES I L E
The Schertz Planning and Zoning Commission convened in a regular
session on Tuesday, August 22, 1989 at 7:00 P.M. in the Municipal
Complex Conference Room, 1400 Schertz Parkway. Those present
were as follows:
PLANNING AND ZONING COMMISSION
OTHERS PRESENT
TY BRISGILL, CHAIRMAN
MERWIN WILLMAN
BOB ANDREWS
GEORGE VICK
JIM SHRIVER
BETTY DIXON, WINDY MEADOW
DAVID DIXON, WINDY MEADOW
BOB MCLAREN, GARDEN RIDGE
QUALITY CLOSEOUTS
CITY STAFF
MEMBERS ABSENT
JOE POTEMPA, VICE-CHAIRMAN
KEITH VAN DINE, SECRETARY
KEN GREENWALD, COUNCILPERSON
STEVE SIMONSON, ASST.
CITY MANAGER
NORMA ALTHOUSE,
RECORDING SECRETARY
11 CALL TO ORDER
Chairman Brisgill called the meeting to order at 7:00 P.M.
#2 APPROVAL OF MINUTES: A. Regular Session August 8, 1989
B. Joint Public Hearing and Special
Session August 15, 1989
A. Regular Session August 8, 1989
Bob Andrews made a motion to approve the minutes for the regular
session August 8, 1989. Merwin Willman seconded the motion and
the vote was as follows:
AYES: M. Willman, B. Andrews, G. Vick, J. Shriver
NAYS: None
ABSTENTIONS: T. Brisgill
Motion carried.
B. Joint Public Hearing and Special Session August 15, 1989
Merwin Willman made a motion to approve the minutes for the Joint
Public Hearing and Special Session August 15, 1989. Jim Shriver
seconded the motion and the vote was as follows:
AYES: T. Brisgill, M. Willman, B. Andrews, J. Shriver
NAYS: None
ABSTENTIONS: G. Vick
Motion carried.
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13 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
There was none.
'4 CONSIDER AND TAKE APPROPRIATE ACTION: steven L. Lance, on
Behalf of G.E.C.C., Request for Variance to the
Mobile Home Ordinance to Allow Placement of an
R. V. in Windy Meadow Mobile Home Park at 409
Meadow View Drive
Betty and David Dixon of Windy Meadow Mobile Home Park were at
the meeting to represent this request.
Chairman Brisgill asked for staff input.
steve Simonson reminded the Commission it is clearly stated in
the ordinance that an R.V. is not allowed in a mobile home park.
Mr. Simonson continued on saying this is a serious situation
because of a former lawsuit regarding a mobile home park. Mr.
Simonson coinmented under normal conditions sometimes these things
can be worked out. He thinks the reason for the request is
legitimate and. the managers are making good efforts in
maintaining the mobile home park, however, because of the former
lawsuit, he advised the Commission to think about this very
carefully.
Betty Dixon informed the Commission the gentleman who will be
living in the R.V. is a general contractor for G.E.C.C. and he
will be taking care of maintenance at Windy Meadow. Mrs. Dixon
further commented it would be advisable to have him on the
property. They need someone, for example, for protection from
vandalism around the pool.
Betty Dixon asked the Commission to give this request favorable
consideration because the R.V. will be located in the maintenance
area of the mobile home park and this will be a one time thing -
never again will an R.V. be allowed to locate in the park.
Bob Andrews asked if it wouldn't be feasible to place a mobile
home in the park for the same price as an R.V.
Betty Dixon replied the gentleman already owns the R.V. and has
for 4-6 years now.
There was further discussion about the ordinance with Betty Dixon
saying she had asked several times for a copy of the ordinance
but had never received one.
Chairman Brisgill assured her that if she came to the Municipal
Complex and requested a copy of the Mobile Home Ordinance,
someone would be glad to see that she received one.
George Vick expressed the same opinion as Bob Andrews about
installing a mobile home rather than an R.V. for the same price.
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Betty Dixon, once again, stressed that the gentleman who would be
living there already owns an R.V.
George Vick then pointed out the mobile home could be provided
and installed by the park since he is going to be doing their
maintenance.
Bob Andrews remarked it is hard for the city to differentiate and
say because he works there he will be allowed to have an R.V. and
then say to a citizen you can't locate an R.V. there because you
don't work there.
Betty Dixon then asked if it isn't the park manager's
responsibility to say there can be no more R.V.'s in the park.
Bob Andrews responded Q~ saying he thinks that may possibly be
fringing on discriminatfon.
Chairman Brisgill noted the general contractor would be the same
as any other neighbor in the park.
Merwin Willman suggested it would be better to move in a mobile
home rather than an R.V.
Betty Dixon still insisted it would benefit the park to have this
gentleman live there and then asked why R.V.'s are allowed in
Pecan Grove Mobile Home Park.
~~~
Steve Simonson acknowledged that was a pre-existing condition on
this side of the Creek and they were "grandfathered" when the new
ordinance went into effect. Mr. Simonson further noted that the
new owners (if the deal comes about) have been informed they will
not be able to have R.V.'s in a mobile home park.
Bob Andrews said the City has attempted to take steps to correct
such situations by making a non-conforming use (i.e., R.V.'s in a
mobile home park) non-transferable to a new owner or tenant.
Betty Dixon informed the Commission the R.V. had been moved into
the park before they knew the ordinance prohibited it and she
wishes they would all drive out to the mobile home park to see
how well it is maintained before they make her ask the gentleman
to move his R.V. out.
Jim Shriver commented he had driven through the park just an hour
ago.
Chairman Brisgill observed that probably all of the Commission
members have driven through the park. Mr. Brisgill further
commented that usually when an item is on the agenda, they try to
take a look at the location and/or situation before the meeting.
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George Vick made a motion to deny the request from' steven L.
Lance, on behalf of G.E.C.C., for a variance to the Mobile Home
Ordinance to allow placement of an R.V. in Windy Meadow Mobile
Home Park at 409 Meadow View Drive. The reason for the denial
was cited as Section XI, Paragraph B .1. b. of the Mobile Home
Ordinance which states "Travel trailers and/or recreational
vehicles (R. V. 's) shall not be permitted within a Mobile Home
Park".
Bob Andrews seconded the motion and the vote was unanimous in
favor. Motion carried.
After the vote, Betty Dixon asked if there is anyone steven Lance
can speak with about this. steve Simonson advised Mrs. Dixon
about the right to an appeal through the Board of Adjustment.
The Commission also discussed the possibility of amending the
motion to include a time frame for removal of the R.V., but it
was decided that should be a Staff decision.
Steve Simonson told Mrs. Dixon she will be getting a letter from
him officially -notifying her of the denial and her right to
appeal.
Merwin Willman reminded Mr. Simonson about a copy of the Sign
Ordinance for Mrs. Dixon. Mr. Simonson said she would have to
purchase a copy of the ordinance and the fee is $5.00.
Chairman Brisgill thanked the Dixons for attending the meeting.
'5 CONSIDER AND MAKE RECOMMENDATION: Discussion on Proposed
Change to Subdivision Ordinance Regarding
Parkland
Merwin Willman had written up some proposed changes to the
Subdivision Ordinance regarding parkland which the Commission
received copies of in their packages. (Copy attached) Mr.
Willman commented if the Commission has any questions, he will
try to answer them.
Steve Simonson related that a lot of research has gone into these
proposed changes, using for example, ordinances from other
cities. Mr. Simonson said, currently, the City covers parkland
in it's ordinance only vaguely and from a Staff point of view,
parkland is one of those things the City needs to demand.
The Commission reviewed several questions regarding the proposed
procedures:
Will the implementation of these procedures discourage
developers/builders?
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This was discussed only briefly with the feeling being,
regardless of regulations, there still has to be parkland for the
City.
- Money-in-lieu-of-Iand, $225 per dwelling unit per acre, is it
too much or not enough?
George Vick asked where the $225 per dwelling was derived from.
Merwin Willman answered he had used the College Station ordinance
for this figure because that particular ordinance has been court-
tested and College Station won the case.
George Vick then asked if the $225 is to be set aside to procure
and/or develop parkland and was told yes it is.
Ty Brisgill questioned whether there should be some type of
assessment system to cover fluctuations in the market value of
land.
Merwin Willman felt that question is answered under 24.8 b. where
it says "Land dedication may be met by a payment of money in-
lieu-of-Iand at- a per-acre price set from time to time by
resolution by the City Council, sufficient to acquire land and
provide for adjacent streets and utilities for a neighborhood
park. Unless changed by City Council, such per-acre price shall
be computed on the basis of $225.00 per dwelling unit".
Chairman Brisgill asked Bob Andrews if he has any input as far as
fluctuation in the market value of land. Mr. Andrews, after some
discussion about what the price should be based on, said he
thinks the per dwelling unit per acre price is a good idea.
At this time the Commission took a short break and reconvened in
the Council Chambers so City Council could use the Conference
Room.
Bob Andrews noted it is the job of the Commission to review
ordinances periodically and Merwin Willman pointed out the price
can be decided when talking to the developer.
Jim Shriver asked if the money will cover the development of the
park or is it an estimate.
Chairman Brisgill commented he felt this would be up to the City
Council to decide.
steve Simonson commented that an example of costs would be that
to construct a small pavilioni and to provide adequate parking
and restroom facilities for such pavilion would run about
$25,000.
Merwin Willman indicated this could be more of a neighborhood
type park, not necessarily an elaborate one like the City Park.
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Mr. Wi llman once again stressed the developer can' tell the
Commission where the parkland is when they review the preliminary
plat.
Jim Shriver remarked that.~" more parkland was one of the items
recommended by the Citizens Leadership Panel in it's report.
- The dedication of 1 acre of land for each 133 proposed dwelling
units, is it too much or not enough?
The Commission agreed this was an adequate request.
- Is 2 years long enough for the City to spend the money given
in-lieu-of-Iand?
Jim Shriver indicated he feels two years is not long enough.
Bob Andrews voiced the opinion he would like to see the two years
tied in some way with development.
There was then discussion about where the parks, for which money
is given in-lieu-of-Iand~ have to be located.
Merwin Willman commented the park could be located within a half
mile radius.
Bob Andrews then mentioned the. possibility of there being no land
available for a park anywhere near a large subdivision.
Merwin Willman pointed out that big developers will give land and
not money, and Steve Simonson said these proposed procedures
leave room for "negotiation at the time the preliminary plat is
reviewed.
Several other problems were discussed such as diverting money
given for one area for use in another area, how long the City has
to develop a park after the land is acquired, and possibly tying
the hands of the city by requiring them to buy land from a
developer at two or three times the original price which was
given as money-in-lieu-of-Iand.
steve Simonson suggested tabling this item so the Commission has
time to review it more carefully.
Bob Andrews made a motion to table ITEM #5 (CONSIDER AND MAKE
RECOMMENDATION: Discussion on Proposed Change to Subdivision
Ordinance Regarding Parkland) until the Commission has time to
review it more carefully and come up with their recommendations
for any changes.
Jim Shriver seconded the motion and the vote was unanimous in
favor. Motion carried.
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Chairman Brisgill, reminding the Commission that 'the next
regular ly scheduled meeting is not until September 12th, said
that should be enough time to review this item and requested it
be placed on the agenda.
'6
CONSIDER AND MAKE
RECOMMENDATION:
Discussion on Sign
Ordinance
Robert McLaren from Garden Ridge
invited to attend the meeting for
present.
Quality Closeouts had been
this discussion and he was
Chairman Brisgill remarked that Don Brodeur, City Inspector, has
already given his input and the business community has been
surveyed for their input.
The following subjects pertaining to the Sign Ordinance were
discussed:
(a) auxiliary signs the definition of such signs and the
possibility of limiting their use even though it doesn't seem to
be realistic;
(b) banners, flags and pennants - the definition of these and how
they are being confused with auxiliary signs;
(c) suggestion to just let the staff tell the Commission what
they can enforce (it was stated the Commission needs to plan
ahead regardless of whether or not the ordinance is enforced);
(d) the number of signs allowed seemingly presenting the biggest
problem;
(e) suggestion that maybe the entire ordinance needs to be
rewritten; and
(f) suggestion that maybe only those sections of the ordinance
pertaining to auxiliary signs and to banners, flags and pennants
need to be rewritten.
Robert McLaren spoke at this time saying he feel s only those
areas of the ordinance pertaining to auxiliary signs and to
banners, flags and pennants need some rewriting. Mr. McLaren
alsofel t the Commission should examine similar ordinances" of
other cities for a comparison. He singled out the City of Austin
Sign Ordinance as an example of a very conservative document.
Bob Andrews made a motion to table ITEM #6 (CONSIDER AND MAKE
RECOMMENDATION: Discussion on Sign Ordinance) until the
Commission can receive input from the City of Austin and other
city Sign Ordinances for purposes of combining their ideas and
reworking the current ordinance, specifically those sections
dealing with auxiliary signs and with banners, flags and
pennants, and can come up with something workable for the City of
Schertz.
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George Vick seconded the motion and the vote was unanimous in
favor. Motion carried.
17 GENERAL DISCUSSION
George Vick:
(a) Is glad to be back.
Cb) At a house between Maske Road and old Live Oak Road there's a
trailer and it looks like they're making it into a permanent
facility. Is this allowed? (Steve Simonson said he would have
the Inspector check into it.)
.Steve Simonson:_
~~~.. ".
Said he had an inquiry from a gentleman in the Schirmerville area
about subdividing his land. This is proposed to start as a small
project, but could get big. Mr. Simonson noted that according to
the ordinance, the gentleman could cut out 1 or 2 lots and not
have to subdivide. It is in an area where they have to use septic
tanks, so the lots could not be less than one half acre. The
gentleman wants to be off FM 1518, so it would require rezoning.
Mr. Simonson asked the Commission if they want all business along
FM 1518 or would they considering allowing residential. Mr.
Simonson further stated this probably won't develop into anything
because of the lack of adequate water lines in the area, but he
would like to have their feelings on the matter.
Bob Andrews commented residential is okay with him because the
City already has too many miles of land zoned for general
business.
George Vick remarked it will be a long time before general
business develops in that area and he would like to see more
residential development in the near future.
Merwin Willman agreed with Bob Andrews, but said he definitely
would like to see big lots, not a subdivision like some of the
others in the City. Mr. Willman said the Commission needs to
review some of it's current zoning and see if that's what's best
for the City.
Jim Shriver expressed the desire to see a combination of zonings.
Indicated one of the representatives on the Citizens Leadership
Panel was hoping for more services to the people in that area.
Chairman Brisgill indicated his agreement with everything said by
the Commission members.
The possibility of a marginal access road was mentioned by Bob
Andrews, and Steve Simonson said he doesn't want to see a bunch
of individual driveways pop up in the area.
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steve Simonson thanked the Commission for their input.
Chairman Brisgill:
(a) Has any thought been given to putting a sign in front of the
Municipal Complex, the type of sign with a means for changing
messages, so the City could keep the citizens informed about
current meetings and ev~nts?
Steve Simonson replied the Landscape Committee has been thinking
of putting up a nice sign to try and enhance participation from
the citizenry.
Chairman Brisgill suggested maybe having the Clemens High School
students participate in a contest to come up with a design for
the ~ign.
George Vick wondered if anyone knew how much one of those
electronic message signs would cost. steve Simonson replied they
are very expensive.
(b) Asked if there was any update on the fencing situation at
Jack's Auto and at T & M on FM 1518.
Steve Simonson said the City has been in contact with Jack's
Auto, but hadn't heard anything back from them.
After a brief discussion on the location of T & M, it was
determined it is not within the City limits.
'8 ADJOORNMENT
Chairman Brisgill adjourned the meeting at 9:00 P.M.
The next regularly scheduled meeting is September 12, 1989.
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I' ..
Subject: Proposed Change to the Subdivision Ordinance - Parkland
To: Planning and Zoning Commission
1. Attached are proposed procedures for the acquiring of land
for parks in proposed residential subdivisions. You will note
that our current procedures are very vague on this subject. It
is very important that all persons effected by these procedures
understand them and that they do not hinder the growth of our
City. Our first responsibility is to the City.
2. In studying these proposed procedures, there are a few things
you should pay special attention to:
a. Will the implementation of these procedures discourage
developers/builders?
b. Para. 24.2 The dedication of 1 acre of land for each 133
proposed dwelling unitsl is it too much or not enough?
c. Para. 24.8.b. Money-in-lieu-of-Iand, $225 per dwelling
unit per acre, is it too much or not enough?
d. Para. 24.9.b. Is 2 years long enough for the City to
spend the money glven in-lieu-of-land or too long?
e. Para. 24.12 Are the restrictions placed on the
dedication of flood plain land too stringent?
3. These proposed parkland dedication procedures were compiled
for ordinances from the City of College Station, City of Corpus
Christi and City of Austin. It is interesting to note that the
City of College Station procedures have been court tested.
4. If these procedures had been in effect when some of our
current subdivisions were platted, the following number of acres
would have been dedicated as money-in-lieu-of-land:
Woodland Oaks
459 Units 3.45 Acres
Savannah Square
408 Units 3.067 Acres
Silvertree
59 Units .443 Acres
Greenshire Oaks
53 Units .498 Acres
Money-in-lieu-of-land @ $225 per dwelling unit:
Woodland Oaks
Savannah Square
Silvertree
Greenshire Oaks
$103,275
$ 91,800
$ 13,275
$ 11,925
ADD the following as Paragraph "r" to Article II, Section 15,
Para. 15.5, Specifications (Page 11):
( 1) The boundary I ines and acreage of the land proposed to be
dedicated to the City for public park land.
(2) The boundary lines and acreage of the land proposed for a
private park (if applicable). Plat notes indicating ownership
and responsibility for maintenance, Paragraph 24.14.
(3) Plat note indicating the calculation used to determine the
acreage for the public park land.
(4) Plat note that the proposed park land will be dedicated to
the city by a general warranty deed upon acceptance of the
subdivision by the city.
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INDEX OF ARTICLE III, SECTION 24
24.1
24.2
24.3
24.4
24.5
24.6
24.7
24.8
24.9
24.10
24.11
24.12
24.13
24.14
24.15
Purpose
Park/Recreational Land in a Residential Subdivision
to be Used for Single-Family, Duplex and/or
Apartment Residential Purpose
Development of Areas Smaller Than One (1) Acre
Dedication of Less than Two (2) Acres
Dedication Procedures
Park Land Dedication by Commercial or Manufacturing
Subdivision
Development of Subdivision by Units
Money-in-Lieu-of-Land
Special Fund: Right to Refund
Conveyance of Title
Location Within subdivision
Flood Plain
Development of Neighborhood Park by Subdivision
Private Park Land
Submittal Requirements
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ARTICLE III
Section 24
Design Standards
Public Sites and Open Spaces (Deleted)
Change to:
Section 24
Parks and Recreation Areas
24.1 Purpose.
24.1-A This section is to provide the procedures for the
dedication of, adequate land for local public parks in residential
subdivisions and/or provision of cash payments in-lieu-of park
land dedication, and establ ish procedures for the receipt and
expenditure of these payments.
24.1-B Neighborhood parks are those parks providing for a
variety of outdoor recreational opportunities and located within
a convenient distance from a majori:ty of the residences to be
served thereby.
24.2 Park/Recreational
Used for Single-Family
Purposes.
When a final plat is filed for development of a residential area
within the city, or within the area of extraterritorial
jurisdiction of the City, the plat shall contain the dedication
of an area of land for park purposes. Each area shall equal one
(1) acre for each one hundred thirty-three (133) proposed
dwelling units. Any proposed preliminary plat submitted for
approval. shall show the location of the area proposed to be
dedicated for park land.
Land in a Residential subdivision to be
Dwelling and/or Apartment Residential
24.3 The Development of Areas Smaller Than One (1) Acre.
The development of areas smaller than one (1) acre for publ ic
parks purposes is considered impractical. Therefore, if fewer
than one hundred thirty-three (133) units are proposed by a plat,
the developer shall be required to pay the applicable cash-in-
lieu-of-land amount rather than to dedicate any land area. No
plat showing a dedication of less than one (1) acre shall be
approved.
24.4 Dedication of Less Than Two (2) Acres.
When less than two (2) acres is required to be dedicated, the
City shall have the right to accept the dedication for approval
on the final plat, or refuse same, and to require payment of
cash-in-lieu-of-Iand.
24.5 Dedication Procedures.
The dedication required by this Section shall be made by filing
of the final plat or documentation. If the actual number of
completed dwelling units exceeds the figure upon which the
original dedication was based, such additional dedication shall
be required and shall be made by payment of cash-in-lieu-of-land.
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,.
24.6 Park Land Dedication by Commercial or Manufacturing
Subdivision.
Land to be solely for' nonresidential use, located within the city
or within the area of extraterrrtorial jurisdiction of the City,
shall not be required to be dedicated as park land or have monies
paid in-lieu thereof. Provided, however, that if it should be
desired to make residential use of the property at some future
time, no building permit shall be issued for residential
construction and no residential construction shall commence until
the owner satisfies the then existing requirements in the
platting for park dedication or park payments.
24.7 Development of Subdivision by Units.
When the 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, the subdivider shall
complete or deliver to the Planning and Zoning Commission, with
the final plat of the first unit of said subdivision, a contract
subject to City Council approval, executed by the subdivider,
providing for the future dedication of such park. The form of
such contract shall be provided by the City Attorney.
24.8 Money-in-Lieu-of-Land.
a. Subject to recommendation of the Planning and Zoning
Commission and final approval by the city Council, a landowner
responsible for dedication of land may elect to meet the
requirements of this Section in whole or in part by a cash
payment in-lieu-of-Iand. Such payment in-lieu-of-Iand shall be
made at or prior to the time of final plat approval.
b. Land dedication may be met by a payment of money in-lieu-of-
land at a per-acre price set from time to time by resolution by
the City Council, sufficient to acquire land and provide for
adjacent streets and utilities for a neighborhood park. Unless
changed by City Council, such per-acre price shall be computed on
the basis of $225.00 per dwelling unit.
c. All required fees and letters of credit must be paid/posted
as a part of the final plat approval.
24.9 Special Fund: Right to Refund.
a. A .special fund for the deposit of all sums paid in-lieu-of-
land dedication shall be established. This fund shall be known
as the Park Land Dedication Fund.
b. The City shall account for all sums paid in-lieu-of-Iand
dedication with reference to the individual plats involved. Any
funds paid for such purposes must be expended by the City within
2 years from the date received by the City for acquisition of
development oJ a neighborhood park. Such funds shall be
considered to be spent on a first in, first out basis. If not so
expended, the owners of the property on the last day of such
~eriod shall be entitled ,to a prorata refund. The owners of such
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property must request such refund within one (1) year of
entitlement, in writing, or such rights shall be barred.
24.10 Conveyance of Title.
In addition to a formal dedication on the plat to be recorded,
the subdividers shall convey the required land to the City by
general warranty deed. The land so dedicated and deeded shall
not be subject to any reservations of record, encumbrances of any
kind, or easements which, in the opinion of City Attorney, will
interfere with the use of the land for parks or recreational
purposes.
24.11 Location within Subdivision.
a. A central location within the subdivision which the park will
serve will be acquired unless the location at the edge of a
subdivision will facilitate the combination of dedicated park
area to form a single park to serve two or more subdivisions.
The subdivider will contact adjoining landowners and present a
schematic plan proposing joint dedication with the preliminary
plat. If necess~ry for optimum park placement~ proposed parkland
may be split into two (2) or more separate parks. In no case
will a park contain less than 2 acres.
b. At least 50 percent of the dedicated park site shall be
level, well drained and suitable for open play.
c. Potable water and sewage connections shall be readily
available at the p~rk site, with water and wastewater lines
located along the street frontage. The applicant must
demonstrate that sufficient living units equivalent to serve the
park are available .,within these water and wastewater lines.
d. Any detention ponds and/or other drainage facilities to be
placed in areas which are to be dedicated as park land must be
designed and constructed to also allow for recreational use.
Construction plans may be required to demonstrate that the
design, placement and construction of such ponds meet the
requirements of the city.
e. If the city determines that sufficient park area is already
in the public domain in the area of the proposed development, or
if the recreation potential for the area would be better served
by expanding or improving existing parks, the City has the right
to accept the final plat or to refuse same.
24.12 Flood plain
The flood standards shall apply to all land proposed for
dedication or park land which is located in the 100 year flood
plain:
a. Every acre of dedicated park land located inside of the 100
year flood plain shall count as 1/2 acre of land toward the
subdivision's total park land dedication requirement.
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4.i t,
b. Flood plain areas will be considered based on the following
criteria:
The. flood plain area is easily ~ccessible and provided.- with
adequate street frontage. ,,:u,", "
- There has been minimal alteration of the natural character of
the waterway and the flood plain area.
- In no case will flood plain areas be accepted which are less
than 100 feet in width.
- 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 bv subdivider.
The subdivider may have the option of developing the park, with
the city's concurrence, prior to acceptance of the subdivision~py
the City. Such park improvements shall be in compliance with the
recommendations of City staff, the Planning and Zoning Commission
and the final approval. of the City Council. Should this option
be exercised, - the City and the subdivider shall, prior to
initiation of work ..onsuch improvements, enter into a contract
for reimbursement of' subdivider expenses for authorized 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 Park" Land.
a. No more than'" 50' percent of a subdivision's' total park land
dedication requirement may receive. credit as private ..parkland.-
A combination of land and facilities may be counted toward the
allowable 50 percent credit.
b. The applicant must submit a condominium declaration,
homeowner's agreement or similar document which establishes the
private ownership and maintenance responsibility of any private
park areas 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.
c. A covenant. to be recorded and to run with the _ land
restricting use of private parks and facilities for park and
recreational purposes must be submitted prior to final plat
acceptance.
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
PI~nning and Zoning Commission for review.
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