Park Dedication Ordinance

Park dedication for residential development shall be in accordance with the city park dedication ordinance. All rights-of-way and land proposed for public use dedication associated with a current or future development shall be dedicated with a final plat. Requirement of fees in lieu of land for park dedication purposes shall be met prior to the approval of the final plat for the project. Land for park dedication purposes may be deeded to the city in advance, but will have to be included on the plat as development occurs. Rights-of-way acquisition for public improvement projects will not be affected by this requirement.

(Ord. No. 1868-1-94, § I (Tit. III, § 3), 1-3-94)

Sec. 6-32. Park land dedication.

(a) Purpose.

(1) This section is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the city. This section is enacted in accordance with the home rule powers of the city, granted under the Texas Constitution, and the statutes of the state, including but not by way of limitation, articles 974a and 1175. It is hereby declared by the city council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property or subdivision in the city, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property.

(2) Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby, the standards for which are set forth in the city comprehensive plan. The park zones established by the parks and recreation department and shown on the official city comprehensive plan shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect the purposes stated.

(1) Whenever a final plat if filed of record with the county clerk for development of a residential area in accordance with the ordinances of the city, such plat shall contain a fee simple dedication of an area of land to the city for park purposes, which area shall equal three acres for each 100 proposed dwelling units. The developer shall make a presentation to the park board to define the optimum location of the dedication, or the feasibility of payment of money in lieu of land, prior to the time of submission of the preliminary plat for approval. Any proposed plat submitted to the city for approval shall show the area proposed to be dedicated under this section. The required dedication may be met by a payment of money in lieu of land when permitted or required by other provisions of this code.

(2) The city council declares that development of an area smaller than one acre for public park purposes is impractical. Therefore, if fewer than 100 units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided by subsection (d) (2), rather than to dedicate any land area. No plat showing a dedication of less than one acre shall be approved, unless the dedication will add on to an existing park area.

(3) In instances where an area of more than one acre is required to be dedicated, the city shall have the right to accept the dedication for approval on the final plat, or to refuse same, after consideration of the recommendation of the planning and zoning commission and the park board, and to require payment of cash in lieu of land in the amount provided by subsection (d)(2), 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 that zone would be better served by expanding or improving existing parks.

(4) When one or more developments will be necessary to create a neighborhood park of sufficient size in the same area, the park board, prior to the time of preliminary plat approval, will work with the developers to define the 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 on to the existing site unless otherwise determined by the city council.

(1) If a replat is filed, the dedication requirement shall be controlled by the ordinance in effect at the time of original platting, except that additional dedication shall be required if the actual density of structures constructed upon the property is greater than the former assumed density. Additional dedication shall be required only for the increase in density and shall be based upon the ratio set forth in subsection (b) of this section, or money in lieu thereof.

(2) At the discretion of the city, any former gift of land to the city may be credited on a per acre basis toward eventual land dedication requirements imposed on the donor of such lands if the former gift is within one-quarter mile of the new development. The city council shall consider the recommendation of the planning and zoning commission and the park board in exercising its discretion under this subsection (c).

(1 ) The city may, from time to time, decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land, subsequent park land dedication for that area shall be in cash only unless otherwise permitted by the city council.

(2) To the extent subsection (d)(1 ) is not applicable, the dedication requirement shall be met by the dedication of land to the city. If all or a portion of this land is determined to not be in the best interest of the city, the city may require a payment of money in lieu of land, or part land and part money. This will be determined by the city council after considering park board and planning and zoning commission recommendations. The dedication requirement shall be met by a payment in lieu of land at a per-acre price set from time to time by resolution by the city council, sufficient to acquire land, develop park facilities, and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which Such development is located. Unless changed by the city council, such per-acre price shall be computed on the basis of $750.00 per dwelling unit. Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development, unless such requirement is waived by the developer.

(3) There may be certain situations and circumstances which are unforseen which arise with respect to certain tracts of land to be developed, including those parcels which were in preliminary plat stage at the time of the passage of the original park land dedication ordinance, which require special attention and consideration by the city council; and the city council, upon showing of unusual and practical difficulties or unnecessary hardships in the carrying out of the provisions of this section due to the topography or other conditions, and not merely a convenience to the applicant, may permit a variance in the strict application of this section, provided such variance will not seriously affect adjoining property or the general welfare of the community. Any variance granted shall not establish a precedent for other tracts, and each parcel or development shall comply with the terms of this section unless the criteria for a variance set forth above are met.

(1) All funds collected by this dedication process will be deposited in the city's park development fund and used solely for the purchase or leasing of park land and development of same. All expenditures from this fund will be reviewed by the park board and approved by the city council.

(2) The city shall account for all sums paid in lieu of land dedication under this section with reference to the individual plats involved. Any funds paid for such purposes must be expended by the city within 3 1/2 years from the date received by the city for acquisition or development of a neighborhood park as defined herein. Such funds shall be considered to be spent on a first in, first out basis in a particular park zone. If not so expended, the owners of the property on the last day of such period shall be entitled to refund of any funds which were not spent by the city. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be barred.

(3) After the final plat has been approved, any land dedicated will not be developed for a period of six months. If money was given in lieu of land, it will be held in escrow for six months before it will be spent. If during that six month period the developer decides not to develop the property, a full refund of money or land will be given.

(1) Any land dedicated to the city under this section must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable:

a. Any area primarily located in the 100-year flood plain.

b. Any areas of unusual topography or slope which renders same unusable for organized recreational activities.

The above characteristics of a park land dedication area may be ground for refusal of any preliminary plat.

(2) Drainage areas may be accepted as part of a park if the channel is constructed in accordance with city engineering standards, if no significant area of the park is cut off from access by such channel, if not less than five acres of the site is above the 100-year flood plain, or if the dedication is in excess of ten acres, not less than 50 percent of the site should be included in the 1 00-year flood plain.

(3) Each park must have ready access to a public street, and sidewalks shall be continued and constructed throughout any dedicated park site.

(4) Unless provided otherwise herein, an action by the city shall be by the city council, after consideration of the recommendations of the planning and zoning commission and the park board. Any proposal considered by the planning and zoning commission under this section shall have been reviewed by the park board and its recommendation given to the commission.

(5) In determining the allowable density which may be constructed on a tract of land, the gross acreage prior to any reductions for park land dedication shall determine the allowable number of dwelling units which may be constructed on the remaining property.

(6) Each development adjacent to a hike and bike trail as shown in the park master plan, shall be responsible for construction of such trail in accordance with city specifications, in addition to compliance with all other park dedication requirements.

(7) The developer shall be responsible for the removal of all trash, dead trees and debris, including blockages within creeks or tributaries or other obtrusive items, within the proposed site to be dedicated pursuant to this section. Prior to meeting with the park board, the developer shall met with the parks and leisure services director or his representative and agree upon the degree of cleanup required for the site. In the event of a dispute regarding the cleanup required, the decision of the city council shall be final.