HomeMy WebLinkAboutOrdinances (O-91-823)-06/04/1991
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ORDINANCE NO: 0-91-823
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AN ORDINANCE AMENDING SECTION 9 OF THE COLLEYVILLE CODE BY
ADDING THERETO A PROVISION REQUIRING THE DEDICATION OF PARK LAND OR
PAYMENTS IN LIEU THEREOF, ESTABLISHING DEFINITIONS, STATING INTENT,
REQUIRING DEDICATION, ESTABLISHING STANDARDS FOR DEDICATION,
PROVIDING PROCEDURES FOR DEDICATION AND ACCEPTANCE OF PARK
PROPERTY, ESTABLISHING A FEE IN LIEU OF DEDICATION, PROVIDING FOR
THE COLLECTION AND USE OF FEES, ESTABLISHING A PROCEDURE FOR
REFUND, ADOPTING THE PARKS AND RECREATION MASTER PLAN, ESTABLISHING
THE PARK LAND DEDICATION COMHITTEE, RENUMBERING SECTION 12:
"DRAINAGE POLICY" OF THE CODE, PROVIDING FOR SEVERABILITY.
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WHEREAS, the City Council finds that the existence and use of
park facilities is necessary to promote the health,
safety and welfare of the public; and
WHEREAS, the existing park facilities of the City are
incapable of serving new development within the City; and
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WHEREAS, the City has adopted the statement of intent as set
out in this Ordinance,
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS AS FOLLOWS:
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Sec. I :
THAT section 12 of Chapter 9 of the colleyville Code
entitled "Drainage Policy", be renumbered as section 13
of Chapter 9 of the Code;
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Sec. 2:
THAT a section 12 be added to Chapter 9 of the
Colleyville Code providing as follows:
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"section 12: DEDICATION OF PARK LAND OR PAYMENTS IN
LIEU THEREOF
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A. DEFINITIONS
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(1) "City Park", means the largest park in a municipal
system which provides a place of retreat and natural areas,
spaciousness and specialized attractions, such as botanical
gardens, historical area, or geological features, inclUding areas
for facilities for organized, competitive sports, and normally
containing internal parking facilities.
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(2) "Community Park", means a park which serves more than one
neighborhood. The park's primary function is to provide facilities
for organized, competitive sports, such as tennis, soccer,
football, softball, and baseball, which provides an open site of
adequate size having gentle gradients sufficient for such purposes.
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(3) "Dwelling unit" or "DU", means a structure occupied for
residential purposes by one or more related members of a family.
A number of dwelling units may be located within one structure.
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(4) "Fees in Lieu of Dedication", means the fees paid in lieu
of dedication of park land as allowed pursuant to the terms of this
section.
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(5) "Linear Park", means a park which introduces corridors of
"green" into neighborhoods. Generally, such parks provide an
extensive side view appearance of open space within the City and
establish links between neighborhoods, schools, parks and other
community facilities. Linear parks usually follow utility and
drainage easements and flood plains.
(6) "Neighborhood Park", means a local park that provides
attractive, open space within easy walking or biking distance to a
subdivision which includes both passive and active recreation for
all age groups, providing special attention to pre-school and
elementary age children.
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(7) "Special Purpose Park", means a park limited to one or
two uses. An example of a special purpose parks are multi-purpose
athletic complexes, aquatic center, golf course, historical site,
and nature preserve.
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B. STATEMENT OF POLICY
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It is the policy of the City of colleyville to require new
development to provide for the acquisition and expansion of park
facilities necessary to serve new developments. Pursuant to that
policy, the City of Colleyville has adopted a Parks and Recreation
Master Plan and has determined the required dedication of park land
or payments in lieu thereof based upon the assumptions and
provisions contained in the Master Plan. Further, it is the intent
of the City of Colleyville that the need for park services for new
developments be provided for by the creation, installation and
improvement of neighborhood parks where possible.
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C. DEDICATION REQUIRED
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No final plat of any subdivision which is residential in
character shall be approved until the subdivider has complied with
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or provided for compliance with all of the provisions of this
subchapter concerning dedication to the public of park land or
payments in lieu thereof, including any agreement concerning fees
or dedication in lieu thereof approved by the City Council pursuant
to section E (1) hereof.
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D. DEDICATION OF LAND
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(1) Standards
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In reviewing proposed dedications of park land, the
following criteria shall be imposed; provided, however, the
approving body may vary or waive any of the following criteria on
a finding that the proposed dedication of park land is in
accordance with the development of the City, complies with the
statement of intent of the Park Dedication Ordinance and because of
the uniqueness of the property, requires a variance:
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(a) Park land shall be clearly visible from the public
rights-of-way and shall be located so as to give maximum possible
exposure throughout the neighborhood.
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(b) Access to the park land shall be available from
public rights-of-way.
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(c) Park land shall be dedicated in tracts of a minimum
width of 500 feet and a minimum depth of 500 feet.
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(d) Where the proposed park land is a flood plain area
which is proposed as a linear park, the following shall also be
considered:
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(i) Whether the proposed site contains
significant environmental features representative of a pre-
urbanized colleyville, including trees, plants, wildlife,
topography, geological outcroppings, unique water features or any
combination thereof.
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(ii) Whether the proposed site currently provides,
or will provide in the future, an effective linkage to other
existing or anticipated public park site which will allow movement
to and from places where residents live, work and play.
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(iii) Whether the proposed site is easily
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(i v) Whether the proposed site has street frontage
along its entire length.
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(v)
used and function
alteration.
Whether the proposed site is designed to be
as a natural waterway with minimal site
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(e) A m1n1mum of 50% of any dedicated park land shall
have grades of less than 3% and shall be well drained and suitable
for development of park land improvements.
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(f) Park land shall be provided with access to all
utilities, including water and sewer, along the street frontage of
the park.
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(g) Park land shall not be burdened with easements,
rights-of-way, deed restrictions or other limitations which
prohibit or inhibit the use of the park land for park purposes.
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(2) Amount and Location
(a) The subdivider shall dedicate to the city a minimum
of .0088 acres of park land in fee simple for each DU within the
subdivision; provided, however, no tract of park land shall be less
than 7 acres in total area unless approved by the City Council.
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(b) Park land may be within the subdivision or may be
off-site or both; provided, however, if the off-site park land is
not contiguous to the subdivision, it must be located within one
mile of the perimeter of the subdivision.
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(3) Documents Accompanyinq Final Plat
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Where the subdivider proposes to dedicate land to the
City for park land purposes, the following additional documents
shall be submitted to the City with the submission of the final
plat of the subdivision:
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(a) An environmental study, audit or assessment
demonstrating that the property is in a condition which would allow
the City to utilize the property for park purposes without
expenditures to remove environmental waste or hazardous materials,
that the property is suitable and safe for use as a park and is
free from environmentally related problems.
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(b) A site plan of the park property containing a
conceptual plan of the type, nature, and extent of improvements
which could be made to the property and identifying the property as
to type, i.e., neighborhood park, linear park, special purpose or
community park.
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(c) A statement as to the number of proposed DUs within
the subdivision.
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(4) Condition of Prooerty and Acceotance by the city
Prior to the issuance of a building permit for the
erection of any house within the subdivision, the subdivider shall
apply to the city for written acceptance of the park land which
shall be accepted upon completion of the following conditions:
(a) The subdivider shall permanently mark each corner of
the park site with a 3/4 inch iron pin set in concrete.
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(b) The subdivider shall provide the City with a survey
acceptable to the city reflecting each corner monument, showing and
locating any encroachments, easements and providing a metes and
bounds description of the park land.
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(c) All rubbish, trash, junk and
materials shall be removed from the park land
returned to its natural condition except
construction and improvements thereon.
other offensive
and the property
as to approved
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(d) All improvements or construction on or within the
park land to be installed by the subdivider shall be completed in
accordance with approved construction plans.
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(e) All other applicable ordinances of the City have
been complied with.
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E. PAYMENTS IN LIEU OF DEDICATION
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(1) Authorization
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Where a subdivision contains less than 100 DUs and upon
authorization by the City, the subdivider may pay fees in lieu of
dedication of park land. A subdivider seeking the approval of fees
in lieu of dedication of park land shall
apply for said alternative in writing upon the filing of the
preliminary plan of the subdivision. Authorization for fees in
lieu of dedication shall be deemed approved upon approval of the
preliminary plan of the subdivision without a dedication of park
land thereon. By agreement with the subdivider, the City Council
may authorize mixed dedications of park land and fees in lieu
thereof in amounts different from those specif ied herein when
deemed in the best interest of the City.
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(2) Amount of Fee
A fee of $310.11 shall be paid for each dwelling unit
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(3) Collection
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(a) The payment of the fee in lieu of dedication shall
be a condition precedent to the issuance of any building permit for
a DU within the subdivision.
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(b) By agreement approved by the City Council, the City
and the subdivider may alter the time and method of payment of fees
in lieu of dedication.
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(4) Use of Fees
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(a) All funds collected as fees in lieu of dedication
shall be deposited in interest bearing accounts clearly identifying
the subdivision for which the fee was collected. Interest earned
on fees in lieu of dedication shall be considered funds of the
account on which it is earned and shall be subject to all
restrictions placed upon the use of fees in lieu of dedication.
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(b) Expenditures of fees in lieu of dedication shall be
made only for one or more of the following purposes:
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1) The acquisition or improvement of park sites or
other sites which are available for park purposes whose service
areas includes a portion of the subdivision in which the fees in
lieu of dedication were collected.
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2) The retirement of bonds, certificates of
obligation, or other indebtedness of the City, the proceeds from
which were utilized to acquire or improve park sites or other sites
which are available for park purposes whose service areas includes
a portion of the dubdivision in which the fees in lieu of
dedication were collected:
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The following are hereby established as park service areas:
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Service Area
Type of Park
Neighborhood Park
The area encompassed by a
circle using the center of
the neighborhood park as its
center and extending for a
radius of 2/3 of a mile.
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Community Park
The area encompassed by a
circle using the center of
the community park as its
center and extending f or a
radius of l~ miles.
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City Park
The entire area of the City
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The entire area of the City
Linear Park
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Special Purpose Park
The entire area of the city
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(5) Refunds
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(a) Upon the request of an owner of property on which a
fee in lieu of dedication has been paid, the City shall refund the
fee in lieu of dedication if within five years of the date of
payment, the City has not utilized the funds for the purposes
allowed herein.
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(b) All refunds shall be paid to the record owner of the
property at the time the refund is paid.
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F. ADOPTION OF PARKS AND RECREATION MASTER PLAN
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The City hereby adopts the Parks and Recreation Master Plan,
dated April, 1990, prepared by Schrickel, Rollins and Associates,
Inc., as the Parks and Recreation Master Plan for the City of
colleyville.
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G. PARK LAND DEDICATION COMHITTEE
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(1) The City hereby creates the Park Land Dedication
Committee. The Park Land Dedication Committee shall be made up of
two members of the Planning and Zoning Commission and two members
of the Parks and Recreation Board. The Park Land Dedication
Committee shall have the following duties:
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(a) Review proposed dedications of park land and make
recommendations to the Planning and Zoning Commission and the City
Council.
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Review the Parks and Recreation Master Plan every
and make recommendations for modification or
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(b)
three years
alteration.
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(2) The City Council shall appoint the members of the Park
Land Dedication Committee and the terms of the members of the Park
Land Dedication Committee shall coincide with their respecti ve
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terms on the Planning and Zoning commission or the Park Board, as
applicable."
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Sec. 4:
If any provision, section, sentence or clause or phrase
of this ordinance, or the application of same to any
person or set of circumstances is for any reason held to
be unconstitutional, void, invalid, or for any reason
unenforceable, the validity of the remaining portions of
this ordinance or its application to other person or sets
of circumstances shall not be affected thereby, it being
the intent of the City Council of the City of Colleyville
in adopting this ordinance that no portion hereof nor
provision or regulation contained herein become
inoperative or fail by reason of any unconstitutionality
or invalidity or any other portion or regulation.
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AND IT IS SO ORDERED
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The fir~ reading and ;p~ic hearing
7-r'l/ day of ':Ll..(f21
The secoJld reading and!, ;Wblic hearing
d /~ day of l-'f It~
The thir-d reading and ~ic hearing
. -<j-rl( day of ~
being conducted on the
, 1991.
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being conducted on the
, 1991.
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being conducted on the
, 1991.
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LaVada JOhnS~
City Secretary
CITY OF COLLEYVILLE
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Chris Hawkins
Mayor
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~~~VED AS TO FORM AND LEGALITY:
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Ross T. ~os er. . -
City Attorney
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jh/ord/parkland
Updated 06/20/91
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