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2008S02-Park/Recreation 08-8-02 ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 BY AMENDING ARTICLE XI (PLATTING), SECTIONS 32.3, 32.4, AND 32.9, PARK AND RECREATION AREAS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, UDC Ordinance No. 96-S-28 of the City of Schertz, Texas is hereby amended, revising Sections 32.3, 32.4, and 32.93, Park and Recreation Areas, to Article XI (Platting), in the form attached hereto as Exhibit A. SECTION II THAT, this Ordinance shall be effective from and after its final passage and any publication required by the City of Schertz. SECTION III THAT all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Approved on first reading the I~ day of ~ ,2007. PASSED, APPROVED AND ADOPTED the j/I-u day of ~.;l/ ' 2008. ~"'-".-"'/~. (,-- - -" 'H . ~ Mayor, City of Schertz, Texas ATTEST: 1 Y . ecretary, City of Schertz, Texas (SEAL OF THE CITY) Section XI 32.3 Section XI 32.4 Section XI 32.9 XI 32.9.1 Exhibit A Park/Recreational Land in a Residential Subdivision to be Used for Single-Family Dwelling and/or Apartment Residential Purposes 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 Code, 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 developed parkland in the amount as established within the fee schedule adopted by the City Council. A proposed preliminary plat submitted for approval must: (I) show the location and dimensions of the area proposed to be dedicated for parkland; (2) the number of dwelling units to be located within the proposed subdivision (whether single or multi-family units); (3) 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 (4) the proposed streets and utilities to serve the parcel to be dedicated as parkland. The Development of Areas Smaller Than One (I) Acre The development of park areas smaller than one (I) acre for public park purposes is deemed to be impractical. If fewer than one acre is 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 ofland. No plat showing a dedication ofless than one (I) acre shall be approved for a public park. While dedication of parkland to the City in an amount less than one (I) acre is deemed impractical, it is the City's policy to encourage the development of private parkland in accordance with Section XI.32.15 and provide credit for development of private parkland accordingly. Cash Payment in Lieu of Land Right to Request Waiver of Dedication Requirements A subdivider obligated to make a dedication ofland 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 Planning and XI 32.9.2 XI 32.9.3 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. Required Cash Payment in Lieu of Land In addition to the provisions of Section XI, 32.12.3, a subdivider ofland subject to Section XI, 32.12.4 or Section XI, 32.12.5 (if required by the City) or subject to Section XI, 32.9.1 above, shall make the cash payment in lieu ofland described in this Section XI, 32.9.2. Cash payments in lieu of land shall be calculated by multiplying the number of dwelling units times the price per dwelling unit as established in the fee schedule set from time to time by resolution of the City Council. The City shall reserve the funds and any accrued interest from fee-in- lieu of land payments in a separate account from the general funds of the City and may proceed to expend those funds for the purchase and/or development of parkland within the City. Park Development A. A subdivider who elects to dedicate parkland in accordance with Section X1.32.3 shall improve all dedicated public parkland with improvements approved by the Parks and Recreation Advisory Board and the City Parks and Recreation Department. Design, specification, and construction of the improvements shall be subject to review and approval by the City. Construction of the improvements must be completed within one (I) year of the approval of the final plat ofthe subdivision. No final plat shall be recorded for any subdivision in which completion ofthe required improvements has not been accepted by the City; however, in the event that a subdivider requests that a final plat be approved prior to completion of the required improvements, surety for construction of improvements may be provided in the same manner as required of other subdivision- and site-related construction. B. In lieu of constructing the improvements required in Subsection A above, the subdivider may elect to make a cash payment-in-lieu of construction to the City to meet the City's current or future recreational needs. If a developer who has dedicated land in accordance with Section X1.32.3 elects to make a fee-in-lieu of payment for park development, the City shall utilize those funds for improvement of parkland within the subdivision in which the funds are collected. In the event that there are remaining funds after development of said parkland, the City may utilize the remaining funds to complete improvements in any public park within the City. C. If the subdivider elects to pay fees in lieu of parkland dedication in accordance with Sections XI.32.9.1 and XI.32.9.2 above, then the subdivider shall make a cash payment-in-lieu of construction to the City for the required improvements in addition to the fees paid in-lieu of dedication. Cash payments made in accordance with this section may be utilized to complete improvements in any public park within the City. D. The City shall reserve the funds and any accrued interest for park improvements in a separate account from the general funds of the City. Funds collected for park development may only be utilized to develop or complete improvements in public parks within the City. Funds collected in lieu of construction shall be spent on a first in, first out basis. E. Cash payments in lieu of required improvements shall be calculated by multiplying the number of dwelling units times the price per dwelling unit as established in the fee schedule set from time to time by resolution of the City Council.