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Parks and Rec Advisory Board-Agenda Packets-7/5/1990
C~tY of ~ ~~ Texas AGEI~]A PARKS AND RECREATION ADVISORY BOARD N~I'IlVG July 5, 1990 7:00 p.m. I. Call to order II. Approval of 6-7-90 minutes City Hall 5400 Bransford Rd. III. Old Business A. Discussion and consideration of Park Board sexving as liason to Council concerning issues involving the Camnmity Center. B. Discussion and possible approval of park master plan. C. Discussion and consideration of a tree ordinance. D. Discussion and consideration of park ordinances. E. Discussion and consideration of a mandatory parkland dedication ordinance. F. Disc~.ission and consideration of facilities use agreement. IV. Neva ,Business A. Discussion of field improvements presented by Colleyville Baseball Association. B. Discussion and consideration of interlocal agreement with the GCISD. C. Other new business considerations V. Reports A. Parks and Recreation Departrrnnt B. Park Board Chairman C. Other cannittees VI. Other cxancerns VII. Adjournment DF/df P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 281-4044 u F:i r• ~ iV i, l it e- I, i:c F y i n iN '~ L'i V l ji l-a r n l .ui it l j tlr. rrc' ~ .... ~ ; .":r-iiin I.rliirl i.; iji"~~r=( -ii ;_,c'~ i-~ i ijv I:i~~irrtinn r+17(I i_lr+Tl'Irt1 i`1H{1'Irtr.rti Eitrj~(ii i Irt(~~~ i_ipf ?r il,,..., ! ;1,+, .J!':.''. ~'.:: !l. .:f1 ~ ~(~~.~ ~r!~I F.°L'r~dtlu(1 '~Uor'.]I(1dtL''f i '..r;~! ~~ ~ ~ lb'I('thjaUft, '.idl I !-li l i~ ~, ~,.1n I u.11r1~~: grin v ~hI •.nr)iiartT M:MI i „f tha ;';;.; ~ c , ,_ .~t"`r ~r'Inrn•~ ~i ,a. nracFri+~d. . . _ .. _ _ . --r r I' ~r scr~~:. r ;;~: r l R" . _ :rI~.GC .7ri ;aUCS~., e ~ ,r. o r `ty i.enter .:.rla LtCr;7r - p( p;C%'. ,~ or. th :,u.ie vTll t, mrrlu 11 .fir,;; ,~^;- tha '.,r:' ,,=,rr! R;~,;ra~tii,n .a~:~;;qr~.~ Rn~rd tC i^nn~il'1ar ;tPine t_`I~ 1t~~3nn ~i?'.~.'aar, *.!~i,= ••.. 1 l4 t.t~liriVViltHt.i~iitiiil~!"Illy i,l~rlle=~r nl.lij i_ltjrnrv ii`ijip:ir]t.li±il, .ni. i~rn1 Illf!I,itV iii ivHr'l11rtQ t,liil~t~ ' i:.' d'-t'.JT! Nib:: t.c~.~El :(} 1.!;1: f y~UBo~. ~iiui'i'vi-I i.ui'(`'~, vUIli111Ci' 1'lCl.i'toiiuil LGt7l~Gr, Drc~r~iEtl art uGdat6 url tile: JU(1~IiIICi~ nCCf82itltJfi Pr•I~r~t'~rll ~t `h~ r?nrj pf it_ fir t .vet=~: the program i, reported t4 bG 3 _~tJC,r~.~;_. TvvEnt•y -fj~,;P tp rnlrr:i r~rtt il~ran ;jt`a anrnj ir?n TQr` ma r?m?tninq fOllr 'N~?r?KS pf cnP proq-'~i!11 t>~t,1i ~~1f~iiF,tti m/~~ ;3 mfitl(1n trJ reermmPnd aQ;ption r_,f the rPvi~.P.[1 drdtt rif thQ fir^t p,,('8r]ri~ph, i,;[ir%ri :;,~Ipta? M~~~t.tir~r~lrnts, ;;rntli,n ~ i p, 1_.r the t,lty of r;niieyvrlle ~~~nlnt~ Grdtni~r~s,e ~rer`tnlntng to c~ tFiR Ddvei'~;~mertt:;. ,1'~tion ~~p('aved unanimou~~y. ~iuui'G'r'ij~ ~,~ ~'ar~ a~it]JtGI' r~1t71'1 l~Ul.l1tllGlit - UUJIUUiict] tG dI~U~Y' tliiiC tUr ~urr~aiGrl v:~r`k i lrl~r nyrlr~ac - i ;;rl tan rtip !~i;8rd „ota~ r.:r,8r~l(rl~,t.:•~iv *i`. ,~~,CFpt tt;e budget recCmmerC3tTOn^ Of City `=left '.~,'ith thR - "- 1~1-It n_+v.li~li_I Ijljtiii iliiij `I~~~~jnC ~,ra,_r,ra ~in:9ii; *~Cljlil°S ~I CUtIITC ..croois t0 'nCjt:d°. irrioan~n. ~~CCpr I. ' uUt7IJ. '.7I IU UtJJGUt711 U{]V1\JIVU.J. _ :tiuu ,~a r~ir7rr,,r'•rr3n m ~Ir~ndr•~a r~ rrtacrar pi~nrnr novalnprpanr I~~ i; try Nark Ni~n i t; i,~ I..ni„ r, f inn, ~ i .-.i r`• ~C.t, .~ 1~ ~ r ~ 1 - _~ , I .1.. rn 11 't Lfltl .I+~,IVVt; 3 ~CI~,uIL~1+~31 Jul +'8',. ~,,~I^1~IO.. ;,OS~ VI ~ I ~i,vl!'v ~Q ~~ Jn>~E17 .~r ..,d 'i>31.iilti]i"~ ~3r;: fitrd. _. ~F.r, tie ..:(lt(-3c;}~'.! tv prapdt`e ~ l~'t;~5ter ;Jldn for de~• 1 ~ e ,;~ F ;r., 1 c.(`~,. 'e o Itl n t ' (' dtl„ t' .1 viC~lll'iU i'IUIUUI'iiGU. ~/w V 1 L 11?7 t..11Ir.V ~~W r uteri t',ii ~..~i y1'll~ ~,. ~~Cr~aiion ~.~~l~.or„ :oar, ~./~ ri~vtti Fern ~ar!<s an',~ F;aa'eation Coordinatcr- PARKS AND RECREATION ADVISORY BOARD MEETING JULY 5, 1990 Cannents on agenda items. III. Old Business A. Ccanrn~ity Center At the 6~7-90 meeting, Barbara Brown with the Ccc~nuv.ty Center Cca~mittee made a presentation to the Board about the Board serving as a possible liason to the Council. Possible considerations to the Board are: -Does the City desire to accept the responsibility of maintaining the catmunity center? (staffing, programming, financial responsibility) B. Park Master Plan The master plan is finally canplete. Reccmrend to the Board to accept the master plan and also recattnend to Council to accept the plan . C. Tree Ordinance Mary Lau has been working on the tree ordinance with m~nbers from the Planning and Zoning Board. She has requested that the Park Board review the draft ordinance. D. Park Ordinances Enclosed is a copy of sample park ordinances. Please review for ccsmients . E. Parkland Dedication Ordinance Please review the mandatory parkland dedication ordinances. Re_ndation is to form a ccatmittee to draft an ordinance for presentation to the Park Board. If you do not have copies of the sample ordinances, give me a call. IV, New Business A. Colleyville Baseball Association Steve Smith has requested to be on the agenda to make a presentation to the Board. B. Interlocal agreement Enclosed is a copy of an interlocal agreanent with the GCISD for your review and reccamyendation . DF/df PROPOSED PLANS OF rolleyville Community, Center/Library EAST ELEVATION SCHEME B ~,.e committee of the Colleyville Com- ~' `;. ~' ` munity Center and Library Assn., Inc. is made ; I ~ ,. •% 0 ~%. % Ll %~ , up of interested citizens of the community rep- ~ , , ., 'r.,' j resenting the civic organ¢atlons. The charter members of [his committee are: Wanda ~' u Adams and Bette Batte (CWC), Dr. Louis Miller x and Lynn Bural (Lions), Julie Anstette and Garry Hamilton (Rotary), Ret Stansberger and ' Jim Flippen (CofC), Jackie Battreal (Garden i "" Club) and committee chairman, Barbara Brown. This committee has been in existence _, since January 1988, meeting approximately twice a month during this period. Thebuildingplansforthecommunitycenter and library are to be completed in three (3) i _.. _ ...... phases. Phase I will be a 6,000 sq. ft. com- i munity center with a 770 sq. k. lobby which will include large meeting rooms, conference ; rooms, kitchen facilities, offices, storage and ' - rest rooms. Phase II will be an expansion of the ~- _- lobby [0 980 sq. k. and construction of the lib- rary. Phase III will be an expansion of both """" "`"" °1"" °NL Facilities as deemed appropriate forthe popula- tion of Colleyville (which is estimated to reach 35,000 in the neM ten years). Recently, Mrs. Kathryn Brown, from theTexas Library System, made a presentation :o the committee. For the library project (Phase II) to receive matching funds from the State, city government participation is required. Mr. Herman Smith, a well known developer and resident of Colleyville, has agreed to donate approximately four (4) acres of land located Fast of Hwy. 26, North of Hall- J~~^son Rd. and South of Bluebonnet Rd. for the proposed complex. ently, after a couple of joint meetings with the committee and the residents of Bluebonnet Rd., [he residents unanimously approved the location and traffic pattern proposed to them in regards [o placement of the community center. The plat for the development of the site of the complex and the surrounding land has recently been oresented to the City of Colleyville, and is presently under consideration. Upon final approval of the city, the land for the community center/library complex will be deeded wer by Mr. Smith. To date, more than 554,000.00 has been raised of the approximately S300,000 needed for Phase I. Of that 554,000 figure, 548,000 is presently in the bank in the Community Center/Library Building Fund, drawing interest. Donation breakdown: 526,217.18 - Colleyville Sesquicentennial Committee: 11 money raised from 2 Balls & 3 Home Tours. ~tt ~ 512,000.00 -First Annual Colleyville Bar-B-Q Cook-Off \ ~JV ~ 5 5,928.21 -Private donations & interest to date J ~ 5 3,800.00 -Lion's Club Hole-in-1 Shoot-Out vl~ ' 6,162.48 - Colleyville Woman's Club ~~G 1988 Holiday Home Tour S 54, 107.87 - Total a s o f June 26, 1989 ' seeds have been pledged - am not deposited in the building (und. The Community Center (Phase I) will be for all Colleyville residents, a place for civic xganizationsto meet, a seniorcitizen gathering place, with accomodations for recep- tions, banquets, business meetings, etc. The proposed facility could serve the needs ~f all, from the very young to the elderly. It is the plan that the community center will be built with private donations and hrough fund-raisers. It is anticipated that donations of materials and labor will come iom within the community builders, developers and contraMors. Several fund-raisers are now in the planning stages. The Second Annual Colleyville i fi ~~ r ,CC~~~ r ~~~ ~ ~ ~~ - ~' ~ % PHASE ONE ~ ., -~ COMMUNITY CENTER k - PHASE TWO '.Jf ., __ -I^~ PUBLIC LIBRARY ~, - PHASE THREE -~ EXPANSION -~~-- -~ _~ II Illlli - ~r ~ z...,.o~ . .. s, ~~. ~ ~ lll ! I I_.I I I i I !.I I_L Bar-B-O Cook-Off, October 6 & 7, will donate [he proceeds [o the building fund for the community center/library. An even[ is being planned by [he Rotary Club, a Celebrity Softball Game on October 27 s[ sponsored by the Chamber of Commerce of Colley- ville, and a Holiday Home Tour sponsored by the Colleyville Woman's Club will all help raise additional money for the fund. All donations are tax deductible. A permanent record of all contributors to the fund will be recorded in a large ledger and displayed in the new community center when completed. Donations of 5500 or more (which can be given in increments over a period of time) will receive recognition with the donor's name inscribed on a brass plaque that will be hung in the center. DONATIONS can be made at any time at First City Bank. Colleyville. Make checks payable to Community Center/Library Building Fund. You may mail checks to First City National Bank, P.O. Box 549, Colleyville, Texas 76034. L' Awl 1 L' Ll'~ V A 11V1~I w7liIIL' 1~1L' A ~.. ,;r,~ "t~©9 l~gt~,r~Jr , i '. ~Q h ,.; ~ ,~ ~~~~~ ~ Hl~j~,wfyifir~ ~F ~+w~v _ : ,~". ,. a p I o ~ ~~ ~~~ ggqq ~ ~ ~ ^a ~~1 ~ ~~g y: i\ \~'` P f~,y~fyy ,~ ~` ' , ~ ~~ ~ e i <y~ / ,~ i ,~ ~ \. ~ ! j ~ ` ti~ ! ~ ~~` o-~~` i a~ 1 ~, ~. s~~1 ~ ~ ~' ~;~ ;~ e er-~ - if ^ g ° ~ _ ! tf -~~1 ~ I ~ ,._ o ~ 1 ~~ 1 ~ ~~~` 1 . ~~ ~- ~y . r~T, µ c~ ~ ~ 's" .~ .~ ~? ~. ~~.~ ~j i~ ~) I I~ a ~~i ~ ~ ~ ~W V Z ~~ ~,^ ~.1 , ~ ~ ~ ~ i ~._..~ i ~ _.~_ ' 4 ~ ~ ~\ ~a ~ b ~. ' ~ tI f ' a . q ~n ~ ~ ~~ ~~' 1 ~~WI r ' Nf 11 1 ~Z ~ ~ ~ W 9 ~ f i ! I ~ l ~ ~ ~ _ ~ 1 ~ ~ 7~ a , ,~, ~ ~ ~ ~ 1 yT ~~_~~, ~ r Ic' i ~U .~ _ x W ~~ h J ~ .l a i~~ ~ ~~ . ~_ ~Q~ _~~~ W y s Q W 0 Y Q 0 h a ti 'RAFT Sec. xxxxx. Tree Protection and Preservation. A. PURPOSE: The purposes of this section are to establish rules and regulations governing the protection of trees and vegetation cover within the City of Colleyville, to encourage the protection of healthy trees and vegetation and to provide for the replacement and replanting of trees that are necessarily removed during construction, development or redevelopment. The provisions of this section allow trees located within necessary public rights-of-way and easements to be removed prior to issuance of a building permit. Upon issuance of a building permit, trees within the buildable area of a property may also be removed. All other tree removal requires a tree permit. B. DEFINITIONS: The following definitions shall apply to this chapter: 1. BUILDABLE AREA: That portion of exclusive of the required yard structure or building improvements and including the actual structure, lot, pool, and other construction site plan. a building site areas on which a may be erected, driveway, parking as shown on the 2. DRIP LINE: A vertical line run through the outermost portion of the crown of a tree and extending to the ground. 3. HISTORIC TREE: A tree which has been found by the City to be of notable historic interest because of its age, type, size, location or historic association and has been so designated as part of the official records of the City. 4. PERSON: Any corporation, partnership, association or other artificial entity; or any individual; or any agent or employee o~f the foregoing. 5. SPECIMEN TREE: A tree which has been determined by the City to be of high value because of its type, size, or other professional criteria, and which has been so designated as part of the official records of the City. 6. TREE: Any self-supporting woody perennial plant which has a trunk diameter of three (3) inches or more when measured at a point of four and one-half (4~) feet above ground level and which normally '~ attains an overall height of at least twenty (20) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak. 7. YARD AREA: The front, side, and rear yard areas as required under the comprehensive zoning code and the zoning district requirements thereto. 8. CITY MANAGER: The executive administrator of the City of Colleyville or his designated representative, department head, staff member, consultant, agent or city employee. 9. BUILDER and/or DEVELOPER: Person who developer or construct on the land. C. APPLICABILITY: The terms and provisions of this section shall apply to real property as follows: 1. All real property upon which any designated specimen or historic tree is located. 2. All vacant and undeveloped property. 3. All property to be redeveloped, including additions and alterations. 4. The yard areas of all developed property, excluding developed and owner-occupied single-family residential property. 5. All easements and rights-of-way except those included in a plat approved by City Council shall meet the terms and provisions of this section. D. TREE PRESERVATION PERMIT REQUIRED: No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any tree, specimen tree or historic tree situated on property described above without first obataining a tree permit unless the conditions of Section xxxxx. and Section xxxxx. apply. E. APPLICATION: Permits for removal, or replacement of trees covered herein shall be obtained by making application of a form prescribed by the City to the City Manager. The application shall be accompanied by a plat showing the exact location, size (trunk diameter and height) common name of all trees to be removed. The application shall also be accompanied by a written document indicating the reasons for removal or replacement of trees and two (2) copies of a legible site plan drawn to the largest practicable scale indicating the following: above areas or trees based partially outside the easement are requested to be removed to allow the operation of equipment, the applicant shall submit a Plat and Site Plan which indicates the exact operation area needed. The City Manager may approve selected removal under this condition. b. The tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations. c. Except for the above, under no circumstances shall there be clear cutting of trees on a property prior to the issuance of a building permit. 2. Upon issuance of a building permit, developer shall be allowed to remove trees located on the buildable area of the property. Trees located in required yard areas, buffers and open space areas shall be maintained. The buildable area shall include sufficient adjacent area to allow the normal operation of construction eugipment. H. REPLACEMENT: In the event that it is necessary to remove tree(s) outside the buildable area, the develper, as condition to issuance of a tree removal permit, will be required to replace the tree(s) being removed with comparable trees somewhere within the site. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Said replacement trees shall be a minimum of three (3) inches cliper and seven (7) feet in height when planted, and shall be selected from the list of approved Replacement Trees maintained by the City Manager as approved by the Planning and Zoning Commission from the recommendations of the County Extension- Service, other appropriate institutions, or expertise. At the time of application review, the person responsible for replacement, time of replacement and location will be determined by the Planning and Zoning Commission or City Manager as appropriate to the case. I. TREE PROTECTION: During any construction or land development, the developer shall clearly mark and fence all trees to be maintained. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill be be placed within the drip line of any tree. During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or group of trees to remain. No attachments or wires of any kind, shall be attached to any tree. The following factors have a significant influence on the preservation of acceptable native trees. The developer shall endeavor to implement these factors when developing or constructing on the land: 1. Patios, Sidewaks, Driveways and Parking Lots - Both oxygen and water are essential to the growth, development and nutrient uptake of the root systems. It is for this reason that there should be careful selection and placement of construction materials. If a patio, sidewalk, drive or parking lot must be placed within the drip line of a tree, material that will allow the pasage of water and oxygen should be used. Examples of such materials would be brick, flagstone, concrete blocks, or a bed of gravel and sand. Precast, perforated concrete blocks are manufactured that can be used as a solid driving/walking surface under trees which will still allow water and oxygen to reach the tree roots. 2. Grade Changes - In the event that a grade change must be made around a tree or group of trees, the following should be done to maintain adequate oxygen and water exchange with the roots: a. Increase grade - provide an aeration system just outside the trees drip zone. (See Figures #2, #3, & #4. Consult an arborist for details.) b. Decrease in grade - provide retaining walls outside drip line. (See Figure #1) Major root cuts should be sealed with an approved wound dressing. When a root system is reduced, sufficient tree top growth should be removed from the tree to compensate for the root loss. The top pruning should be of a thinning nature and should be done evenly over the tree crown. 3. Pruning Damaged Trees - Any trees that might have had the root system damaged should be pruned sufficiently to compensate for root loss. Any damaged limbs should be removed. In the case of oaks, wounds should be sealed when appropriate. J. EXCEPTION: In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, verbal authorization may be given by the City Manager and the tree may then be removed without obtaining a written permit as herein required. During the period of an emergency such as a tornado, storm, flood, or other act of God, the requirements of this ordinance may be waived as may be deemed necessary by the City Council. All licensed plant or tree nurseries shall be exempt from the terms and provisions of this Section only in relation to those trees planted and growing on the premises of said license, which are so planted and growing for the sale or intended sales to the general public in the ordinary course of said licensee's business. Utility companies franchised by the City may remove trees which endanger public safety and welfare by interfering with utility service, except that where such trees are on owner-occupied properties developed for one-family use, disposal of such trees shall be at the option of the property owner. K. EXEMPTION: This ordinance shall not apply to any development for which a final plat has been filed to record prior to the effective date of this Ordinance. A permit shall not be required for a builder to satisfy final grading standards of the building code of the City of Colleyville. L. EXEMPTION: This ordinance shall not apply to governmental entities including but not limited to the City of Colleyville, the County of Tarrant, the State of Texas, the Federal Government or Trinity River Authority. c~~y o-~ ~IJ~~Qye S~q~d~.~ ORDINANCE NO. 1265 AN ORDINANCE PROVIDING REQUIREMENTS FOR PARK LAND DEDICATION; TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION ANO PARK DEVELOPMENT; ESTABLISHING A SPECIAL FUND FOR MONEY PAID FOR PARK DEVELOPMENT; CONTAINING A SAVINGS CLAUSE; REPEALLNG ORDINANCE N0. 983 AND PROVIDING AN EFFECT.LVE_DATE. BE IT OROAINEO BY THE CITY COUNCIL OF THE ~-I7Y OF COLLEGE STATIbN, TEXAS: Section 1. Purpose. a) This ordinance is adopted to provide recre- ational areas in the form of neighborhood parks as a function of subdivision development in the City of College Station. This ordinance_is enacted in accordance with the Home Rule powers of the City of College station, granted under the Texas Constitution, and the statutes of the State of Texas, 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 af__ne-ghborhood-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 reirAdeling of structures on existing residential property. b) Neighborhood parks are those parks providing fora variety of outdoor recreational opportunities and within convenient distances frcxn a majority of the residences to be served thereby. The park zones established by the Parks and Recreation Department and shown on the official Parks and Recreation map for the City of College Station 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 neighborbood 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. Section 2. General re uirement, R-1, R-lA, R-2, R-3, R-4, R-5, R-6 land, to be used for single fami y, duplex an or apartment residential purposes. 2a. Whenever a final plat is filed of record with the County Clerk of Brazos County for development of a residential area in accordance with the planning and zoning ordinances of the City, such plat shall contain a'clear fee simple dedication of an area of land to the City for park purposes, which area shall equal one acre for each 133 proposed dwelling units. Any proposed plat submitted to the City for approval shall show the area proposed to be dedicated under this ordinance. The required dedication of this Section may be met by a payment of money in leiu of land when permitted or required by the other provisions of this ordinance. 2b. The City Council declares that development of an area smaller than one acre for public park purposes is impractical. Therefore, if fewer than 133 units are proposed by a plat filed for approval , the developer shal -- be required to pay the applicable cash in lieu of land amount provided by Section 4(c), rather than to dedicate any land area. No plat showing a dedication of less than one acre shall be approved. 2c. In instances where an area of less than 5 acres 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 Committee and the Parks and Recreation Soard, and to require payment of cash in lieu of land in the amount provided by Section 4(c), if the 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. ~' 2d. The dedication required by this Ordinance shall be made by filing of the final plat or contemporaneously by separate instrument„pnless additional dedication is required subsequent to the filing of the final plat. If the actual number of completed dwelling units exceed the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of the cash in lieu of land amount provided by Section 4(c), or by the conveyance of an entire numbered lot to the City. Section 3. Prior Dedication; Absence of Prior Dedication. 3a. Credit shall be given for land and/or money .dedicated pursuant to Ordinance 690 or 983. 3b. If a dedication requirement arose prior to the passage of this .- Ordinance, that dedication requirement shall be controlled by the ordinance in effect at the time such obligation arose, 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 Section 2 of this Ordinance. 3c. 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. The City Council sha71 consider the recommendation of the Planning and Zoning Commission and the Parks and Recreation Board in exercising its discretion under this Section. Section 4. Money in Lieu of Land. 4a. Subject to veto of the City Council, a land owner responsible for. _.__. dedicatio.n_under this ordinance=may elect to meet the-requirements~of Section~Z"~"~ in whole or in part by a cash payment in lieu of land, in the amount set forth in Section 4(c). Such payment in lieu of land shall be made at or prior to the time of final plat approval. -2- a 4b. 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 in a park zone, subsequent park land dedications for that zone shall be in cash only, and calculated to reimburse the City's actual cost of acquisition and development of such land for parks. The cash amount shall be equal to the sum of a) the average price per acre of such land, and b) the actual cost of adjacent streets and onsite utilities, or an estimate of such actual cost pro- vided by the City Engineer. Once the City has been reimbursed entirely for all such parklands within a park zone, this section shall cease to apply, and the other sections of this ordinance shall again be applicable. 4c. To the extent that Section 4b is not applicable, the dedication require- ment 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 and provide for adjacent streets and utilities fora 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 $225 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. Section 5. Comprehensive Plan Considerations. Land shown on a compre- hensive plan as being suitable for developr.!ent of the City fora major recreational center, school site, park, or other public use, shall be reserved, for a period of one year after the preliminary plat is approved by the city if within two months after such approval the City Council advises the subdivider of its desire to acquire the land or of the interest of another government unit to acquire the land, for purchase by the interested governmental authority at land appraisal value at the time of purchase. A failure by the City Council to so notify the subdivider shall constitute a waiver of the right to reserve the land. Any waiver of the right to reserve the land shall no longer be effective if the preliminary plat shall expire without adoption of a final plat. Section 6. Special Fund, Right to Refund. 6a. There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication under this ordinance or any preceding ordinance, which fund shall be known as the Parkland Dedication Fund. 6b. The City shall account for all sums paid in lieu of land dedication under this ordinance 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 of a neighbor- hood park as defined herein. Such funds shall he 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 period shall be entitled to a prorata refund of such sum, computed on a square footage of area basis. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be barred. Section 7. Additional requirements, definitions. 7a. Any land dedicated to the City under this ordinance must be suitable for park and recreation uses. The fol]owing characteristics of a proposed area are generally unsuitable: 1. Any area primarily located in the 100 year flood plain. 2. Any areas of unusual topography or slope which renders same unusable for organized recreational activates. The above characteristics of a park land dedication- area may be ground for. refusal of any preliminary plat. 7b. Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City Engineering Standards, and if no significant area of the park is cut off from access by such channel. 7c. Each park must have ready access to public street. 7d. Unless Nrovided 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 Parks and Recreation Board. Any proposal considered by the Planning and Zoning Commission under this ordinance shall have been revie,~ed by the Parks and Recreation Committee and its recommendation given the Commission. The Commission may make a decision contrary to such recommendation only by a concurring vote of~at least five (5) members. Should the Commission be unable to get this vote, the matter shall then be referred to the City Council for its decision. 7e. If any provision of this ordinance or the application thereof to any person or care ~~-tances is held invalid, such invalidity shall not affect arty other provisions or application of this ordinance which can be given effect without the invalid provision or application and to this end, the provisions of this ordinance are declared to be severable. 7f. This ordinance shall become effective upon adoption by the City Council. Section 8. Repealer. Ordinance No. 983 is repealed as of the date of this Ordinance provided that any parkland dedication required by such Ordinance and not satisfied°at this date shall be made in accordance with that Ordinance as same existed on the date that dedication or payment in lieu thereof became required. PASSEO and APPROVED this 22nd day of January, 1981. ATTEST:' S ~~~ .-- ~ v i U,: U~ z -: . ~; ~. iM N 0 y= ~ Y ~ ~<; ~ ~ . b 1 ~' ~~`~ ~. v s •. . . 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L ~ ~ ~ ~~ ?~i ~J ~ o ,. y r i~ -~ -- P~airkland Dedication Procedure City of Col%ge S7ation Ord/nanae Nio.126:f _~ works with Developer Approves Acceptance of Land Land Parks Board Developer City Planning leveiopment Density RI - R2 ~-- Determines Compatibility with PLAN 2000 Cash R3-R7 Building Department i PARKS ~t RECREAf ION COIIEC~E SfAiION Determines No. of Dwelling Units per Acre City Notifias Planning or Bldq. Dept, thQt Dedication Secretary Requirement has been Satisfied Parks Zon e Escrow. Account Cash Deposited , Lond Credited 4•I.8/ PARKLAND DEDICATION PROCEDURE City of College Station Ordinance No. 1265 STEP 1; The Developer meets ~vith the Parks Director and City P]anner to determine the type of Parkland Dedication preferred (cash or land). This should be done~at least one week prior to a scheduled Parks Board Meeting to allow time for inclusion on the agenda. STEP 2; The Parks Board reviews the proposed dedication and accepts or rejects the proposal. If the initial proposal is rejected, the Parks Board works with the Developer to reach a compromise. STEP 3; Once•the Parks Board has accepted the i-:rkland Dedication, the City Secretary is notified and proceeds to accept the actual dedication for the City. The dedication is then credited to the appropriate park zone. When this has been accomplished, the City Secretary notifies the Planning or Building Department as required, and they approve the final plat and issue the building permits; respectively. 4-27-81 e ~~~~ o-~ ~~e y ~~ oR` ~ it/~{.r~~~ ORD-107 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BRYAN, TEXAS AMENDING ORDINANCE NO. 616, SUBDIVISION DEVELOPMENT ORDINANCE, BY ADDING SECTION 17A. TO THE REQUIREMENTS FOR PARKLAND DEDICATION; TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION AND PARK DEVELOPMENT; ESTABLISHING A SPECIAL FUND FOR MONEY PAID FOR PARK DEVELOPMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; FINDING AND DETERMINING THAT THE MEETINGS AT WHICH THE ORDINANCE IS PASSED ARE OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION IN THE NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning Commission and the Park and Recreation Advisory Board of the City of Bryan have recommended that the existing subdivision regulations be augmented by the following parkland dedication requirements; and WHEREAS, the City Council of the City of Bryan finds that tris augmentation of the existing subdivision regulations will protect the public health, safety and welfare as well as fulfill the purposes of Article 974 (a), V.A.T.C.S., relating to platting and recording subdivisions, and Article 970 (a), V.A.T.C.S., relating to municipal annexation and extra-territorial subdivision jurisdiction, and other constitutional and statutory grants of power; now, therefore BE IT ORDAINED BY THE CITY OF BRYAN: 1. That Ordinance No. 616, Subdivision Development Ordinance, is amended by adding Section 17A, Parkland Dedication, to read as follows: SECTION 17A. PARKLAND DEDICATION REQUIREMENTS A. PURPOSE 1. This ordinance is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the City of Bryan. This ordinance is enacted in accordance with the Home Rule powers of the City of Bryan, granted under the Texas Constitution, and the statutes of the State of Texas, 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. a good procedure to provide for same: is by 1 ORD-107 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 park zones established by the Community Services Department and shown on the official Parks and Recreation map for the City of Bryan 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. B. DEDICATION OF PARKLAND REQUIRED 1. All residential subdivisions shall be required to provide for the parkland needs of future residents through the fee simple dedication of suitable land for park and recreational purposes. The area shall be shown on the preliminary and final plat and included in the dedication statement. 2. The subdivider shall dedicate to the City all parkland as a part of final plat approval. The amount of land required shall be calculated at a rate of not less than one acre of parkland per 133 dwelling units. The following formula shall be used to determine the amount of parkland to be dedicated: Total Number of Dwelling Units = Acres to be 133 dedicated 3. When a subdivision plat is submitted for residential development, information must be provided identifying the total number of proposed dwelling units. 4. Land dedicated for park and recreational purposes shall be of a size, character, and location consistent with the guidelines provided in the Park and Recreation Master Plan. Any land to be dedicated as parkland shall meet the provisions of Section 17A, F. of this ordinance: Standards For Dedication of 2 OFtD-107 Parkland. The required dedication of this section may be met by a payment of money in lieu of land when permitted or required by the other provisions of this ordinance. S. The dedication required by this ordinance shall be made by filing of the final plat or contemporaneously by separate instrument unless additional dedication is required subsequent to the .filing of the final plat. If the actual number of completed dwelling units exceed the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of the cash in lieu of land amount provided by Section 17A, C.3., or by the conveyance of an entire numbered lot to the City. In addition to a formal dedication on the plat to be recorded, the subdivider 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 the Community Services Department, will interfere with the use of the land for park or recreational purposes. The following items related to the dedicated park property survey are required to be submitted prior to or at the time of final plat approval: Dedicated Park Property Survey Requirement Drawing a. In ink b. Sheet size 24" X 36" c. Scale 1" = 30.0'or larger d. Index sheet if survey is more than one sheet Data a. Closest bench mark to site. b. Complete topographic information on the site. See City of Bryan Ordinance No. 616, Section 8.B.2.a. for specific requirements. c. Location of all trees on the site that have a caliper in excess of ten inches. Provide note as to tree specifications: caliper and drip line size. d. Location, dimension, and purpose of all easements. e. Number to identify lots}, size and block. f. Minimum setback lines on all lots within park boundary. The specific distance varies as to structure type. These details are identified in City of Bryan Ordinance No. 616. 3 OFD-107 g. Locaticn and description of monuments. h. Reference to recorded subdivision plats or adjoining public land by recorded name, date, and number i. Title, scale, north arrow, date of survey j. Written metes and bounds description k. Name and right-of-way width of each street or other right-of-way adjoining property 1. Names, size and location of telephone, gas, water, and sanitary sewer lines in and adjoining the site m. Limits of floodway and flood hazard areas (100 year floodplain) as per adopted maps published by FEMA. Titles and Certificates a. Certification of registered Texas land surveyor certifying to accuracy of survey C. MONEY IN LIEU OF LAND 1. Subject to the consent of the City Council, a landowner responsible for dedication under this ordinance may elect to meet the requirements of Section 17A, B. in whole or in part by a cash payment in lieu of land, in the amount set forth in Section 17A, C.3. Such payment in lieu of land shall be made by submitting a cashiers check after the time of final plat approval but prior to the time the plat is filed with the Brazos County Clerks Office. 2. 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 parkland in a park zone, subsequent parkland dedications for that zone, with the consent of the City Council, may be in cash only, and calculated to reimburse the City's actual cost of acquisition and development of such land for parks. The cash amount shall be equal to the sum of a) the average price per acre of such land, and b) the actual cost of adjacent streets and on-site utilities, or an estimate of such actual cost provided by the Division Manager of the City of Bryan Parks and Public Facilities Division. Once the City has been reimbursed entirely for all such parklands within a park zone, this section shall cease to apply, and the other sections of this ordinance shall again be applicable. 3. To the extent that Section 17A, C.2. is not applicable, the dedication requirement shall be met by a payment in lieu of land at a per-acre price set from 4 ORD-107 time to time by resolution by the City Council, sufficient to acquire land and to 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 $225 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. D. SPECIAL FUND, RIGHT TO REFUND 1. There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication under this ordinance. This fund shall be known as the Parkland Dedication Fund. The fund shall be established, maintained, and utilized by the Community Services Department. 2. The City shall account for all sums paid in lieu of land dedication under this ordinance with reference to the individual plats involved. Any funds paid for such purposes must be expended by the City withir. 4 years from the date received by the City for acquisition or development of a neighborhood or community park as defined herein. 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 period shall be entitled to a prorata refund of such sum, computed on a square footage of area basis. The owners of such property must request such refund in writing, within 180 days of the entitlement, or such right shall be waived. Refunds shall include any accrued interest minus 1% administrative costs. E. EXTRA TERRITORIAL JURISDICTION 1. The City's extraterritorial jurisdiction (ETJ') is schematically represented by a map titled Extraterritorial Jurisdiction Map Bryan, Texas. The map is in the possession of the City Planner. The ETJ is divided into three development areas (A, B, & C). Subdivisions located outside the city limits which lie, wholely or in part, in Development Area A, as identified in the above referenced map, are subject to all of the provisions of this ordinance. Subdivisions located outside the city limits and completely outside Development Area A but which lie within Development Area B and/or C are subject to all S ORD-107 of the provisions of this ordinance with the addition ~ of the following option: 2. Up to 120 credit toward the required parkland dedication may, at the discretion of the City, be given if the subdivider will enter into a written agreement with the City to effect the following points: a. The option of fees in lieu of land dedication is waived by the subdivider but not by the City. b. The acreage, otherwise required by this ordinance for parkland dedication, shall be private parkland, owned and operated by the subdivider and/or home owners association. c. At the option of the subdivider such private parkland may be left in a natural state, void of development. d. At no time will the acreage be marred, disfigured, or disturbed as a result of the development of the subdivision. e. All private parkland shall be dedicated to the City at the time of full purpose annexation of said subdivision by the City. f. The specific acreage offered by the subdivider as private parkland must be approved by the Park and Recreation Advisory Board and the Planning Commission. g. All development on such approved by the Park and and the Planning Commiss When the 120% credit is determining the acres of follows private parkland must be Recreation Advisory Board ion. allowed the formula for required parkland is as Acres to be dedicated (derived from the formula in section 17A, B.2. above) divided by 1.2 = Acres of required parkland. F. STANDARDS FOR DEDICATION OF PARKLAND 1. When an area of less than six (6) acres is required to be dedicated, the City shall have the right to accept the dedication; or refuse the same and require the payment of fees in lieu thereof. 6 ORD-107 2. Areas within the 100-year flood plain may be dedicated in partial fulfillment of the dedication requirement subject to the following additional restrictions. The specific location of the 100-year flood plain and the floodway shall be indicated on the survey of the proposed dedication as indicated in Section 17A, B.S. a. Every acre of dedicated .parkland located outside the floodway but within the 100-year floodplain shall count as 1/2 acre of land toward the subdivision's total parkland dedication requirement. b. When areas located outside the floodway but within the 100-year floodplain are dedicated in partial fulfillment of the parkland dedication requirement or payment of fees, such areas shah. not constitute more than 500 of the total acreage or fee requirement. c. When areas located outside the floodway but within the 100-year floodplain are dedicated in partial fulfillment of the parkland dedication requirement it is acceptable for adjoining land within the floodway to be dedicated, but such land in the floodway shall not be credited towards the requirement of land dedication or payment of fees. d. The floodplain area must be easily accessible and provided with adequate street frontage. e. No alteration of the natural character of the waterway and the floodplain area will be acceptable. f. In no case will floodplain areas be accepted which are less than 100 feet in width. g. The area's configuration and topography must be suitable for the placement of low intensity facilities such as playgrounds, picric facilities, and open play fields. 3. The dedicated parkland should provide a maximum of exposure to public areas. A minimum of 200 feet of frontage on a dedicated public street. is required. The frontage should be contiguous and front on a street with 70 feet or less of dedicated right-of-way. ~. At least 500 of the dedicated park site should be level, well-drained and suitable for open play. 7 ORD-107 5. If potable water and sewage connections will serve the subdivision, such connections shall be readily available at the park site, with water and waste water lines located along the street frontage. The applicant must demonstrate that sufficient capacity to serve the park is available within these water and waste water lines. Subdivisions which will utilize individual septic systems are not required to provide dedicated parkland with an individual septic system. 6. The condition of any area or part of an area to be dedicated as parkland which is altered during any phase of the development must be restored in accordance to terms specified by the Community Services department. The exact restoration requirements will be determined on a case specific basis according to the pre- and post-construction condition of the parkland to be dedicated. v. ADDITIONAL REQUIREMENTS. Unless provided otherwise herein, an action by the City shall be by the City Council, after consideration of the recommendations of the Planning Commission and the Parks and Recreation Board. Any proposal considered by the Planning Commission under this ordinance shall have been reviewed by the Parks and Recreation Board and its recommendation given the Commission. 2. All subdivision, resubdivision, preliminary and minor subdivisions approved after March 28, 1988, shall be in conformance with procedures and standards set forth in Exhibit A, to Ordinance No. adopted Proposed subdivision for which a preliminary plat is approved in conformance with existing subdivision regulations of the City of Bryan prior to February 8, 1988, may be finally platted and approved by the Planning Commission in conformance with all requirements of said existing regulations. 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 4. Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or in~~alid for any purpose, the remainder of this ordinance shall not be affected thereby. 8 ORD--107 5. It is hereby found and determined that the meetings at which this ordinance was passed were open to the public, as required by Article 6252-17, V.A.T.C.S., and that advance public notice of time, place and purpose of said meetings was given. 6. A person who violates any section of this ordinance is guilty of a misdemeanor and upon conviction is punishable in accordance with Section 1-5 of the Bryan City Code of 1975 and Sections 29 and 30 of the Subdivision Control Ordinance. 7. That the City Secretary is directed to publish this ordinance in some newspaper of general circulation i:~ the City of Bryan once a week for two consecutive weeks in compliance with the provisions cf Section 9 of the City Charter, which publication shall be sufficient if it contains the title of this ordinance and the penalty provided therein for violation thereof. 8. Council ity of Bryan, Texas, and given second reading, passed and approved on the day of 19 , by a vote of ayes and nays at a meeting of the City Council of the City of Bryan, Texas. Marvin Tate, Mayor ATTEST: Dorothy D. Mallett, City Secretary APPROVED AS TO FORM: Robert D. Andron, City Attorney That this ordinance shall go into effect March 28, 1988. PRESENTED AND GIVEN first reading the day of 19 at a meeting of the City '~_,~. of the C' 9 c~~~ d~ G~rA~r//•~/~ O~D~.v~%~~E w ~,~I~l~Cli'~~~IC Sec. 51. Req~iiretrients for Open Space and Recreational Areas. A. PURPOSE: The> requirements for open space, park and recreational areas contained. in this Section 51 are intended to ensure that in new residential dQVelognents in the City of Grapevine there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents of the develogtient for open space, ~'~~'~''"~- and neighborhood parks., containing passive or active recreational ~ , ¢_ , `• a ¢, ~ _t areas that are reasonably attributable to such developanent. In determining. the size o£ the pa`~-cel, or parcels, that should be set aside and res..rve3 i.;~ the •;ra~irrer set out in this Section 51 the City Council has ~.,aken as a ba-~ch~nark the standards of the National Recreation and Park As~sociation:° It is the policy of the City that when land is dedicated or otherwise set aside and reserved for open space and park and recreational areas, such land should be in close proximity to the residential develo~xr~ent it is designed to serve and shall be of such size, .character, and dimensions as is necessary to provide usable open space and park and recreational areas. B. APPLICATION: A certificate of zoning compliance shall not be issued for any residential subdivision or development unless open space and park and recreational areas shall have been dedicated or set aside on the subdivision plat or in the plan for such development in accordance with the standards and criteria in this Section 51. C. CHt~RAC,~'ER AND MINIMUM AREA: 1. Land dedicated cr otherwise set aside o~ open space and park and recreational areas shall be o'': such size, dimensions, topography, and general character as is reasonably required for the type of use proposed , e . c~ . , open space buffer, active recreation for team or individual sForts,, playcround, tot lot, picnic area, etc. 2. Unique natural areas or flood plains which provide az opportunity for linkage parks may be included in areas dedicated or otherwise set aside or reserved for open space. 3. The minimum amount of open space and park recreational area that shall be dedicated or otherwise reserved pursuant to this Section 51 shall be: a) In the R-20,. R-12.5, R-7.5, and R-5.0 Districts, three hundred (30y; square feet per dwelling unit. b) In all other residential districts, including the PRD-6 and PRD~-12 district, the open space and recreational area requirements shall be observed. 4. No land dedicated or otherwise reserved in ccx~liance with this Section 51 shall have dimensions smaller than one hundred Section 51, Page 1 (100) feet in width and .one hundred fifty ,(150) feet in depth. In any development which includes wooded areas, flood plains, or other natural amenities which it is' desirable to maintain, tl'~ City Council may grant an exception fran the strict application of these mininaun dimensions whenever it deterniines that by doing so the protection and preservation of such area will be promoted. D. PLAfi'TING RnQTJ~5: The Director of Parks and Recreation, a designated Parks and Recreation board member, and a' member of the Planning and Zoning Commission and the City Council shall compose an Open Space Cbcrmittee. The City Council representative shall be an ex officio, ran-voting member of the Ccmnittee. ,The Open Space Committee shall have a plat rebiew meeting regarding each proposed land donation prior to it being suxmitted to the City Council. Any land dedicated or otherwise reserved under this Section 51 for open space or park and recreational area shall be shown on a plat su}~ni.tted for approval by the Planning and Zoning ,Cannission and City Council. Upon approval, said plat shall be filed of record in the county in which the property is located. The City Council may, upon application by a developer, or other person or firm with a legal interest in the land to be developed, allow the open space and park and recreational areas required by this Section 51 to be restricted to the use and enjoyment of residents of the particular develognent or subdivision. The City Council may grant such request whenever it finds: (1) that the public open. space and park and recreational areas required by this Section 51 cannot be effectively and efficiently integrated into the public park system of the City; (2) that the open space and park and recreational needs of the residents of the, develogt~.nt or subdivision can be supplied by the reservation of private open space and recreational areas at least as adequately as by the dedication of public park land; and, (3) that the developer or subdivider has complied, or will comply, with the requirements of Section 51.F, below. Such open space and park and recreational area shall be clearly noted on the plat or master development plan as "Private Open Space or Private Recreational Land" at the time of submission to the City for action by the Planning and Zoning Coa-mission and City Council. E. PAyME~VT OF C ASH IlV LIEU OF RESERVATION OF OFEN SPACE OR PARK AND RECREP,TIOt~, ARF~5 : In any case in which the land ,required to be dedicated or otherwise reserved by this Section 51 would be less than thirty thousand (30,000) square feet, the developer or subdivider shall, and in all other instances the City Council may, upon finding that the park and recreational needs of a proposed development would be better-served by the expansion or improvement of an existing partrk, require that the developer or subdivider pay the City of Grapevine a sum: of money that is equal to the fair market value of the land that. wo~u~.d be required to be dedicated or otherwise reserved for open space ar park and recreational areas pursuant to this Section 51 in lieu of such dedication or reservation. A dloper or subdivider may, with the consent of Section 51, Page 2 the City Couruci:l., as an alternative to, and in lieu of , dedicating or otherwise reserving land for open space or park and recreational purposes, pay the aforesaid sum to the City of Grapevine. Said payment shall be made in the form of a cashier's ,check or other cash equivalent including an irrevocable letter of credit on a form approved by the City Attorney and with a bank or financial institution acceptable to the City and delivered to the Director of Cattrnanity Developrent. Said payment shall be due before the City approves any construction plans for work authorized by Appendix E. Title to all payments, in whichever approved. form of payment is used, shall vest in the City ismtiediately upon approval of the final plat by the City Council. All such payments: (1) shall be segregated in a separate tend and used only for the acquisition and improvements of open space acid 'park and recreational areas within the City of Grapevine that will meet the needs of the residents of the develogtrent or subdivision in respect of which such payment was made:; (2) shall be expended on the acquisition or improvements of park land that is not more than one mile from the develognent or subdivision., or within two miles fran the development or subdivision in the event the City Council determines and finds that it is not feasible, practical or advantageous to expend the funds within the one mile distance; (3) if not expended within three years of receipt, or unconditionally ccnmitted to be expended, shall be refunded to the developer or subdivider. F . MAINTIIJANCE : I f the open space aryl recreational areas required by this Section 51. are to remain private, such areas shall be maintained by and deeded to a hattieowner's association, or a trustee. No plat or master develognent plan containing a reservation of private open space and recreational. areas shall be approved until the applicant shall have filed with the Zoning Administrator a declaration of the covenants and restrictions that govern such association of trustee, and received approval of the same from the Planning and Zoning Commission and the' City Council. Such instriunent shall be approved by the City Attorney as to legal form and effect, aril by the Planning and Zoning Ccmni.ssion as to the suitability of the proposed use of the proposed open space and recreational areas. The covenants and restrictions, when submitted, shall provide for establishment of the hcmeawner's association or trust prior to the sale of any part of the property; that open space restrictions and maintenance shall be permanent; that the ha~neowners are liable for the payment. of maintenance fees and capital assessments; that unpaid haneo~mer'''s; fees and assessments will be a lien on the property of the delinquent hameowners; that the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance; that membership shall be mandatory for each haneowner and any successive buyer; and, that each haneowner, at the time of purcP~ase, shall be furnished with a ~ copy of the approved restrictions or conditions. Section 51, Page 3 ~~ry' p~ ~i4C/.f/6TO.t/ D~I~iv~,~~~E - ,4 /~.Po~osgG ORDINANCE N0. AN ORDINANCE AMENDING THE "PARKS".CHAPTER OF THE CODE OI' THE CITY OF ARLINGTON, TEXAS, 19x7, BY THE ADDITION OF A NEW ARTICLE IX, ENTITLED ARLINGTON PARK ANp RECREATION FEE, RELATIVE TO THE IMPOSI- TION OF A PARKS AND RECREATION FEErON ALL RESIDENTIAL DEVELOPMENT TO ASSURE THE AVAILABILIZ`Y OF PARK FACILITIES AND TO MAINTAIN PARK AND RECREATION STANDARDS; PROVIDING FOR A FINE OF UP TO $500 >:'OR EACH OFFENSE IN VIOLATION OF THE ORDI- NANCE; PROVIDING THIS ORDINANCE I3T•. CUMULA'1'IVL•'; PROVIDING FOR SEVERAI3ILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR PUBLICATION AND BECOMING EFFECTIVE TIIIRTY DAYS AFTER FIRST PUBLICATION BE IT ORDAINED AY TIIE CITY COUNCIL OF `!'IIE CITY OF ARLINGTON, TEXAS: 1. That the "Parks" Chapter Arlington, Texas, 1987, be and the addition of a new Article and Recreation Fee", so that h and read as follows: of the Code of the City of the same is hereby amended by IX, entitled "Arlington Parks ereafter said Article shall be ARLINGTON PARKS AND RECREATION FEE ARTICLE IX Section 9.01 Title This Article shall be known and cited as the "Arlington Parks and Recreation Fee Article." Section 9.02 Purpose A park and recreation fee ("park fee") is hereby imposed on residential development for the purpose of assuring that Park Facilities are available and adequate to meet the needs created by such development while maintaining current and ATTACHMENT PAGE 7 proposed park and recreation standards pursuant to the Arlington Parks and Recreation Master Plan. The park fee shall be imposed by the City on all residential development, and all fees collected shall be used solely and exclusively for the purpose of acquisition and development of Park facilities necc~ssitatecl by the specific residential dwelling units charged the park fee. Section 9.03 Definitions I'or purposes of this Chapter only, the terms that follow shall have the iucanings set forth herein. Terms not herein defined shall have those n-eanings given them by other provi- sions of the Code of the City of Arlington. Applicant: The property owner or duly designated agent of the property owner of land for which approval of a building permit has been requested for residential development. Benefit Area: An area within the City which is delin- eated on Exhibit "A", attached hereto and incorporated by reference herein, and within which park fees for Park Facilities will be collected for new development occur- ring within such area and within which fees so collected will be expended for those facilities identified in the Park Master Plan and Park Improvements Plan. Building; Any enclosed residential structure designed or intended for the support, enclosure, shelter or protection of persons. Building Permit: The permit required for new residen- tial construction and/or additions to buildings pursuant to the Code of the City of Arlington. City: The City of Arlington, Texas. City Council: The City Council of Arlington, Texas. Development: Any activity that requires the securing of a building permit for residential uses. -2- ATTACI-THiFNT PAGD 8 Director: The ranking official of the Parks and Recrea- tion Department, or its successor agency, for the City of Arlington. Dwelling: Any building, or portion thereof, designed exclusively for residential occupancy and containing one (1) or more dwelling units. Dwelling Unit: One (1) or more rooms arranged, designed or used as separate living quarters for an individual family, which contains kitchen facilities (only one (1) per dwelling unit permitted), including at least a stove or cooking device and permanently installed sink, plus bathroom facilities. Park Facilities: Land and/or facilities used or to be used as a neighborhood park, regardless of location, including both the acquisition of such land, the con- struction of improvements thereon and the expenditure of funds incidental thereto, including but not necessarily limited to planning, engineering and design of the park and improvements, utility relocation, provision of pedestrian and vehicular access thereto and purchase of equipment, the need for which are attributable to new residential development. Park Improvements Plan: Tlie adopted Plan, as may be amended fro«i time to time, which identifies those Park facilities and their costs, for a period not to exceed ten (10) years, which are to be financed in whole or in part through the imposition of park fees pursuant to this article, and which is attached hereto as Exhibit "B" and incorporated by reference herein. The Plan shall contain only those facilities which are anticipat- ed to be acquired or developed within the period covered by the Plan. Park Master Plan: The official adopted Parks and 12ecreation Plan for the City of Arlington and amendments thereto, including policies or strategies contained in the City's Comprehensive Plan. Property: A legally described parcel of land capable of development pursuant to applicable City ordinances and regulations. -3- ATTACHMENT PAGE 9 Proper Owners: Any person, group of persons, firm or firms, corporation or corporations, or any other entity having a proprietary interest in the land on which a building permit has been requested. Public and Quasi-Public Use: A development owned, operated or used by the City; any political subdivision of the State, including but not limited to school districts; the State and any agencies or departments thereof; the Federal Government and any agencies or departments thereof. Residential Development: The development of any proper- ty for a dwelling or dwellings, other than motels, hotels, shelter used temporarily for transients and other similar uses, as indicated by an application for a building permit. Zoninq Ordinance; The Zoning Ordinance of the City of Arlington and including all duly adopted amendments thereto. Section 9.04 Applicability of Park Fee A. This Article shall be uniformly applicable to residen- tial development, but not public and quasi-public uses, on property in the City which is or will be served by Park Facilities as herein defined. This Article also does not apply to activities involving the remodeling, rehabilitation or other improvements to an existing residential structure, or to the rebuilding of a damages structure or to permits required for accessory uses, unless such activity results in a new dwelling. B. For purposes of this Article, property is "served by" Park Facilities when funds collected for such facilities have been spent for facilities identified in the Park Master Plan and Park Improvements Plan within ten (10) years from the date of collection within the benefit area in which the property is located. -4- ATTACHMENT PAGE 10 Section 9.05 Authority and Imposition of Park ~'ee A. This Article is enacted pursuant to the City's police powers existing under the City's charter and consistent with the Texas Constitution, Article XI, Section 5, and applies to all property within the City's corporate boundaries. B. A park fee shall be imposed on all residential develop- ment in the City at the time of application for a building permit pursuant to Section 9.07, except as provided in Subsection 9.07(C). C. The park fee shall not be imposed on any residential development for which a completed application for a building permit had been received and accepted by the City on or before the date of publication of notice of public hearing by the City Council on this Article, provided such application was filed after September 1, 19fl7. D. Imposition of the park fee does not alter, negate, supercede or otherwise affect any other requirements of City, County, State or Federal legislation or regula- tions that may be applicable to a development, including City zoning andJor subdivision regulations that may impose open space and park requirements and standards. Section 9.06 Benefit Areas and Park Improvements Plan A. There are hereby established twenty (20) benefit areas for Park Facilities, each of which is designated on the map attached hereto as Exhibit "A" and incorporated herein by reference. B. There is hereby established a Park Improvements Plan, attached hereto as Exhibit "B" and incorporated herein by reference, which identifies for each benefit area the Park Facilities and their costs, which are to be financed in whole or in part through the imposition of park fees. The Plan shall be reviewed and updated at least every three (3) years by resolution of the City Council. A public hearing shall be required if proposed changes result in a recommended fee increase. -5- ATTACHMENT PAGE 11 C. The park fee for each benefit area, which has been established by resolution and incorporated herein by reference as Exhibit "C", shall be calculated by divid- ing the total costs of Park Facilities to be funded by park fees shown within the benefit area in the Park Improvements Plan by the total number of new dwelling units projected for the benefit area over the period covered by the Plan. D. Within each benefit area, the park fee for each residen- tial development shall be calculated according to the method set forth in Section 9.07. E. Benefit area boundaries may be amended from time to time by resolution of the City Council. Section 9.07 Processing and Collection of Park Fee A. The Director shall be responsible for the processing and collection of the applicable park fee. B. Applicants for a building permit for residential devel- opment subject to this Article must submit, on a form provided by the City, the proposed number of dwelling units in the development. C. Upon receipt of an application for a building permit, the Director shall calculate the amount of the applica- ble park fee due by multiplying the applicable park fee rate for the benefit area(s) by the number of dwelling units for which approval is being sought, reduced by any offset due pursuant to Section 9.11. The park fee rate in effect at the time of application for the permit shall be used to calculate the park fee, except as provided in Subsection 9.07(D). D. The Director shall collect the applicable park fee prior to the issuance of a building permit. In the event that the number of. duelling units proposed at such time Iias changed since the application for the building permit was filed, the Director shall recompute the park fee using the method set forth in Subsection 9.07(C), except that the fee for any additional units shall be based on the park fee rate then in effect. - 6 - ATTACI~iENT PAGE 12 E. If a building permit for which a park fee has been paid has expired and a new application is filed, the park fee due shall be computed on the basis of the park fee rate in effect at the time of the new application, with credit for payment of the old fee being applied against the new rate. F. An applicant may file a petition for review appealing a decision by the Director as to the applicability of the Park Fee Article, the exemption of the residential development, the amount of the park fee due or the amount of offsets due in the manner provided in Section 9.13. Section 9.08 Use of Park Fee Funds A. Park fees collected for each benefit area pursuant to this Article must be used solely for the purpose of funding the acquisition and/or development of Park l~acilities for that benefit area, in accordance with the Park Master Plan and the Park Improvements Plan or for reimbursement to the City for such acquisition andJor development. Park fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance Park Facilities for the applica- ble benefit aroma. D. Park fees collected shall not be used to maintain, repair or operate the existing park system; nor to finance park and recreational activities other than Park Facilities as herein defined. C. The City may issue and utilize general obligation bonds, revenue bonds, revenue certificates or other certifi- cates of indebtedness as are within the authority of the City in such manner and subject to such limitations as may be provided by law in furtherance of the financing and provision of Park Facilities as set forth in the Park Master Plan. Park fees paid pursuant to this Article, however, shall be used solely for Park Facili- ties acquisition and development as defined herein. -7 - ATTACI~IEI3T PACE 13 Section 9.09 Accounting Procedures A. The City's Finance Department shall establish a sepa- rate, interest bearing account into which all park fees collected shall be deposited. Funds collected within each benefit area designated in Exhibit "A" shall be earmarked for expenditure solely and exclusively for Park Facilities acquisition and/or development within such benefit area pursuant to the Park Master Plan and the Park Improvements Plan. D. Interest earned on park fees shall be considered funds of the Park Fames Account and shall be used solely for the purpases specified for the funds of such account. C. The City's Finance Department shall establish adequate financial and accounting controls to ensure that park fees disbursed are utilized solely and exclusively for Par}: I'aciliCics acquisition and/or development or for reiiubursemen~ to tli~ City of advances made from other revenue sources to fund such facilities. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Article; provided, however, that funds shall be expended within a~reasonable period of time, but not to exceed ten (10) years from the date park fees are collected. D. The City's Finance Department shall maintain and keep financial records for park fees, which shall show the source and disbursement of all fees collected in or expended from each benefit area. The records of the account into which park fees are deposited shall be open for public inspection and copying during ordinary business hours. The City may establish a fee for copying services. E. Upon receipt of park fees, the Director shall transfer such funds to the Finance Department, which shall be responsible for tt~e placement of such funds in a seg- regated, interest bearing account designated as the "Park Fee Account". All funds placed in said account, and all interest allocated thereto, shall be utilized solely and exclusively for park land and open space acquisition and development pursuant to the Park Master Plan and Park Improvements Plan. At the discretion of the City Council, other revenues as may be legally -a- ATTACI~tENT PACE 14 utilized for such purpose may be deposited to such account. F. The Finance Department shall maintain and keep adequate financial records for said account which shall show the source and disbursement of all funds placed in or expended by such account. Section 9.10 Refunds A. The current owner of property on which a park fee has been paid may apply for a refund of such fee if: 1, the property on which a park fee has been paid has not been served by Park Facilities as provided in Section 9.04(B); or 2, the building permit for a residential development pursuant to which a park fee has been paid has expired, and no application for extension or renewal has been made. B. Only the current owner of property may petition for a refund. A petition for refund must be filed within one (1) year of the event giving rise to the right to claim a refund. C. The petition for refund must be submitted to the Direc- tor on a form provided by the City for such purpose. The petition must contain: a certified copy of the latest recorded deed for the subject property; current legal description; and a statement of the reasons for which a refund is sought. D. A refund shall be due under Subsection 9.10(A)(1) only if the Director determines that the total park fee col- lected for the benefit area for a period of ten (10) years from the date of collection of the park fee for the development for which a refund is being sought exceeds the total expenditures from the Park Fee Account for the benefit area for the same period ("excess amount"). The refund amount shall be the development's pro rata share of the excess of fees collected over expenditures, together with interest earned on such amount for the period. The City may periodically -~ ATTACt~1~NT PACE 15 compute the difference between expenditures and fees collected for purposes of reviewing refund requests under this subsection. After. the expiration of at least one (1) year after refunds are due under this subsec- tion, the City Council may, after notice by publication in the section of a local newspaper reserved for legal notices, and after a public hearing, vote to apply any unclaimed excess amounts to the acquisition or construc- tion of capital facilities which will benefit the area in which the excess amount was collected. When the City Council votes to apply the excess amounts, the right to refund of the applied excess amounts shall be extin- guished. F. Within one (1) month of the date of receipt of a peti- tion for refund, the Director must provide the petition- er, in writing, with a decision on the refund request. The decision must include the reasons for the decision. If a refund is due petitioner, the Director shall notify the City's Finance Department and request that a refund payment be made to petitioner. F. Petitioner may appeal the determination of the Director of Parks and Recreation to the City Council, Section 9.11 Offsets Against Park Fees A. The City shall offset the reasonable costs of any land or improvements which have been dedicated to and accept- ed by the City for Park Facilities, or the reasonable costs of park improvements constructed, pursuant to a community facilities agreement executed by the property owner and properly secured, consistent with the City's Park Master Plan, against park fees due, provided the property owner has not obtained compensating density therefor, subject to guidelines established by the City, and the City has accepted such dedication or entered into such agreement. B. All offsets against park fees shall be based upon standards promulgated by the City, which may be adopted as administrative guidelines. No offsets shall be given for the dedication or construction of Park Facilities which are not identified within the Park Master Plan or -10- ATTACHMENT PAGE 16 the Park Improvements Plan. See Section 9.16, Vari- ances. C. An applicant may apply for an offset against park fees either at the time of approval of a. subdivision plat or at t11e time an application for building perrnit is filed. The applicant shall file a petition for offset with the Director on a form provided by the City for such pur- pose. The petition shall contain: a statement by the property owner or a duly designated agent of the proper- ty owner certifying that petitioner is the current owner of the property; documentary evidence of the ownership of the property at the time of occurrence of the event giving rise to the claim for offset; documentary evi- dence of dedication, agreement to dedicate or community facilities agreement, including a legal description or plat of the affected property; a certified copy of the latest recorded deed for the subject property; and a statement of the reasons for which the offset is being sought. The Director must provide the petitioner, in writing, with a decision on the offset request, includ- ing the reasons for the decision. Upon making the decision, the City shall notify the. petitioner in writing. Petitioner may appeal the determination of the Director to the City Council. D. The amount of the offset shall be prorated among the number of dwellincJ units approved for the development by contract between the property owner and the City. Section 9.12 Procedures for Updating Park Fees A. At least every two (2) years, the Director shall prepare a report to the City Council on park fees. In the preparation of such report, the following information shall be reviewed: 1. a statement summarizing park fees collected and disbursed during the year; 2, a statement summarizing Park Facilities acquisition and development and the status thereof for the preceding year; -11- ATTACt~tENT PACE 17 3, a statement summarizing the administration and enforcement of park fees; ' 4. a statement and recommendation from the Park Board on any rind all aspects of the Parks and Recreation l~ec ~ii~~l CiCy park needs. B. The report shall make recommendations, if appropriate, on amendments to the Article, changes in the adminis- tration or enforcement of the Article, changes in the park fee rates, changes in the Park Improvements Plan, and changes in the Park Master Plan. C. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the Parks and Recreation Fee Article, includ- ing but not limited to, exhibits and fee schedules. If the City Council fails to take such action, the park fee rates then in effect shall remain in effect. Nothing herein precludes the City Cauneil or limits its discre- tion to aa-ettd the Parks and Recreation I'ee Article at such other times as may be deemed necessary. D. In the review process, the City Council may take into consideration the following factors: inflation as measured by changes in an appropriate land and construc- tion cast index used by the City; improvement cost increases as measured by actual experience during the year; changes in the design, engineering, location or other elements of proposed Park Facilities; revisions to the Park Master Plan; changes to the Park Improvements Plan; and changes in the projected mix and/or intensity of residential development in the City. Section 9.13 Appeals The property owner or applicant may appeal the following decisions of the Director to the City Council: 1. the applicability of the park fee; 2. the amount of the fee due; 3. the amount of refund due, if any; or -12- ATTACHMENT PAGE 18 4, the determination of an offset. The burden of proof is on the appellant to demonstrate that the amount of the fee, the amount of the refund or the amount of the offset was not calculated according to the applicable schedule of fees or the guidelines established for determin- ing offsets. `1'he appellant must file a notice of appeal with the City Council within thirty (30j days following the determination by the Director. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the park fee due as calculated by the Director, the development application shall be processed. The filing of an appeal shall not stay the collection of the fee due, unless a bond or other suffi- cient surety has been filed. Section 9.14 Effect of Park Fee on Zoning and Subdivision lteaulations This Article shall not affect, in any manner, the permissible use of property, density of development, design and improve- ment standards and requirements or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development. Section 9.15 Park Fee as Additional and Supplemental Requirement The Parks and Recreation fee is additional and supplemental to and not in substitution of any other requirements imposed by the City on the development of the land. It is intended to be consistent with and to further the objectives and policies of the Park Master Plan and the Comprehensive Plan and to be coordinated with other City policies, ordinances and resolutions by which the City seeks to ensure the pro- vision of adequate Park Facilities in conjunction with the development of land. In no event shall a property owner be obligated to pay for Park Facilities in an amount in excess of the amount calculated pursuant to this Article; but provided that a property owner may be required, pursuant to City zoning and subdivision regulations, to provide open -13- ATTACI~f~NT PACE 19 lands, setbacks, buffers and other nonbuildable areas on-site in addition to meeting the park fee requirement. Section 9.16 Variances and Exceptions Petitions for variances and exceptions to the application of this Article shall be made to the Director of Parks and' Recreation in accordance with procedures to be established by resolution of the City Council. If the City Council grants a variance or exception to the amount of the park fee due for a new development under this section, it shall cause to be appropriated from other CiL-y funds the amount of the reduc- tion in the park fee to the account for the benefit area in which the property is located. 2. Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Five Hundred and No/100 Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 3. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Arlington, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the pro- visions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitu- tional, such holding shall not affect the validity of the remaining portions of this ordinance. -14- ATTACHMENT PAGE 20 5. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Arling- ton in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties. 6. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Arlington in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Arlington. 7. The caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the City of Arlington, in compliance with the provisions of Article VII, Section 15, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. 6. This ordinance shall become effective thirty {30) days after first publication as described above. PRESENTED AND GIVEN FIRST READING on the day of 1989, at a regular meeting of the City Council of the City of Arlington, Texas; and GIVEN SECOND READING, passed and approved on the day of 19fl9, by a vote of ayes and nays -15- ATTACHMENT PAGE 21 at a regular meeting of the City Council of the City of Arlington, Texas. RICHARD E. GREENS, Mayor ATTEST: DOBIIYE RAY, City Secretary APPROVED AS TO FORM: JAY DOEGEY, City Attorney IIY • ~• • -16- • ATTACHMENT PACE 22 KEY: TW -Trinity W eat . TE - Tr(nlty East RM - Randol M 111 UTA -UTA SF -Six Flafls L.A -Lake Arlington TC - Trl-City' dS - ~of,nson Station SR -South Rush Creek LC -Lynn Croak L BENEt=t1' DtSTRiCTS MAP EXHIBIT 'A' TWy a ROyyN BLVD. . W2a TE1~ ~ . ' ~~u LAM.~R BLVp ac! ~ ~ r - ANDOL 'MILL AD R M ~ y ~u.a. so, ~~~~-~T~t~ - ~ - -~A9R IA T „ ___"-- w ~ sF~ ~ o TCy TC m ~~• .~e~ n an N -~F S 2 ~' -~ R 1~ ~ ~ -- ~ ~ u ~o ~; L . l4 1f'~ ~ ~ r . , ... x 0 ~~ SR4 SR5~ T. ARRIB AD. L C 4 SR3 'LC3 . 11~\\\V EXCLUDED FROM SERVICE AREAS ~ ATTACHMENT PACE 23 ' .'hnn ....rnvVCMCP/1.7 f'LAP) Exhlblt 'B' Revised 1/30/89 Y OF PAWLS V OF PAWLS w ue zn iu: Oosr Pat DISIRIC'f AO~IlI11FD DFVl7Ai'a) EI.IG'I]31.E FUTURE OOST'S mS'15 10 BE REmUPFD DWFl7.INC ' P 198919 19ti9-99 AOQUISIZZON DEalalall~u~Nf AOQUISTITAN D~Vh7~t~M UNLT 'Ltint.ty West 1W1 1 1 5424.640.00 ; 79.620.00 0.00 0.00 ;342.00 'itfl 0 1 .00 ; 52.380.00 ;219,360.00 0.00 ;342.00 *k*A*******~***~ ** *~ *,t*,rrt,t*r*,trrr*r-,t**1rt*,r~+r*1~~***t*~rt•*tr Randol Mill RM1 2 2 ;237;120.00 ;44.460.00 0.00 0.00 .;342.00 ***.r********+r~***~,~r~,**r,r~.+r,r~~~*~rt*~~-~r«t-*~*•r~t~trrrrrr~r* 1Yinlty Fast '~1 4 4 ;359.520.00 ; 44.940.00 0.00 0.00 ;486.00 **,rtr,trt****r,w*,r*****,r*,rr**,~*,~***r~r~rrt**~rr*t-,tt*,tr**rt*t**,t~ Six Flags SF1 3 3 1412.800.00 ;51.600.00 0.00 0.00 ;486.00 t~*****r**,r.t~c*+r***e******+r*,r,r~r,r,-rr~r*•*,w*t~r•~t*rrt•tr~*~t~t~rr UfA UfAl 2 2 ;558.240.00 ; 69.780.00 0.00 0.00 ;48b.00 Like Arlingtm LAl 2 7 ;509.866.61 ; 95.600.00 0.00 0.00 ;570.00 *************************+c******ir****rt~**~tt*****•**t*t** 'IYi-City TCl 1 2 1287,466.67 ; 53,900.00 0.00 0.00 ;570.00 ~2 3 3 ;250.666.67 i 47.000.00 0.00 0.00 ;570.00 **********,r*,r****************,r,t,t~t*t,r•*te*~t***tr*trrr~trr,tt**#,r Johnson Station JS1 1 1 ;220.800.00 ; 41.400.00 0.00 0.00 ;570.00 JS2 2 3 ;457,600.00 ; 85.800.00 0.00 0.00 ;570.00 * *+t rr,t~t.t*** tr..t * * ** * * * * a * e* *,~,~ t* * ** ** t r ~ *• r# **,r r** trt,r * t#r South Rush Clreek ~ 5 5 ;651,466.67 ;244.300.00 0.00 0.00 ;330.00 ~ 1 1 ;137.600.00 i 51.600.00 0.00 0.00 ;330.00 ~ 1 1 ;224.533.33 ;84.200.00 0.00 0.00 ;330.00 ~+ 0 1 0.00 ;25.600.00 ;68,266.67 0.00 ;330.00 ~ 0 0 0.00 0.00 ; 69,333.33 ;26,000.00 1330.00 *t,r~t****** *****,r************** **,t**t*~trt***rt** ***+t~t** ,~•t* Lym 4eek L~1 1 3 ;138,400.00 ;223.000.00 ;456,266.67 0.00 1330.00 LQ 1 2 ;300.800.00 ;112.800.00 0.00 0.00 ;330.00 ti7 2 2 ;442.400.00 ;165,900.00 0.00 0.00 ;330.00 ~ l I ;181.337.x9 ;14],000.00 0.00 0.00 ;730.00 PAGE 24 PARK FEE SCHEDULE EXhlblt "C' Trinity West (TW 1-2) Randol Mill (RM) Trinity East (TE) Six Flags (SF) ' UTA (UTA) Lake Arlington (LA) Tri-City (TC 1-2) Johnson Station (JS 1-2) South Rush Creek (SR 1-5) Lynn Creek (LC 1-4) $ 342 $342 $486 $486 $486 $570 $510 $570 $330 $330 PJ3041/bf(G9) 11/09/88 ATTACHMENT PAGE 25 PARK 11:1: 01~1~S1:T CUIDF.LINF.S An offset against park fees will 6e considered for the dedication or agreement to dedicate park land which meets all applicable neighborhood park standards and/or for construction and dedication of improvements which provide appropriate neighborhood recreational opportunities pursuant Co a community facilities agreement executed by both rife owner and the Director of Parks and Recreation. Offsets will nat be given for private facilities or improvements made to private property. Nothing contained in these guidelines, however, shall obligate the City to accept or reject offers of dedication or agreements far construction and dedication of improvements for park facilities. Facilities eligible for offsets shall be as follows: LAND DEDICATION 1. Land dedications should be a minimum of 10 acres except where: ° The land adjoins existing park land and additions to the park will benefit neighborhood park opportunities in the area. ° The land has been targeted as a link to a proposed park which will benefit neighborhood recreational opportunities. ° The land will preserve a unique or critical resource which will benefit neighborhood recreational opportunities. ° There is a joint dedication of land totaling 10 acres or more. 2. Land dedications must be centrally located within the service area except where: ° More desirable natural resources or site characteristics are located elsewhere or ° The park can be located next to a proposed or existing school site or ° The park can be combined with proposed or existing park land to serve neighborhood park needs two or more benefit areas or for joint dedication and ° The applicant enters into an agreement-with adjoining landowners to present a schematic plan proposing joint dedication 3. Dedicated park land should be easily identifiable with maximum exposure throughout rife neighborhood. Access to the park must be available fxom residential streets. A minimum of 400 feet of frontage on a dedicated public street is required. 4. Proposed park dedications less than 500 feet in average depth or width may be rejected at the discretion of the Parks and Recreation Department. 5. At least 50z of the dedicated park site should be level, well drained and suitable for development and/or open play. ATTACHMENT PACE 26 Page 2 6. Portable water connections should be readily available to the park site along street frontage. The applicant will be responsible for demonstrating sufficient pressure and quantities of water. 7. Proposed park dedications with overhead utilities and/or easements or right-of-ways with severe deed restrictions may be rejected. 8. Any area or part of an area, to be dedicated as an offset to the park fee, which was disturbed prior to or during any phase of development, must be restored in accordance to terms specified by the Parks and Recreation Department. 9. Floodway areas as defined by the City of Arlington will not be eligible for offsets against park fees. 10. Floodplain areas outside tlie floodway will be eligible for offsets against mark fees at the discretion of the Parks and Recreation Department. Such areas will be valued for offsets at no more than 507 of the amount arrived at by use of the valuation sctiedulc in paragraph 11 for the benefit area in which the property is located. Floodplain dedications, regardless of size or attributes must be suitable for neighborhood recreational development and meet other appropriate neighborhood. The fallowing conditions shall also apply: A. The floodplain areas must be easily accessible, visible and identifiable as a public recreation area with street frontage along the entire length of the corridor. B. There shall be minimal alteration of the natural waterway and floodplain area or complete restoration as defined by the Parks and Recreation. C. The floodplain area's configuration and topography must be suitable for the placement of neighborhood recreational improvements, or contiguous with the dedication of additional public park land which together meets neighborhood park criteria. D. A park dedication of floodplain less than ten (10) acres in size will be considered similar to other park dedications less than 10 acres in size. R. Proposed park dedications which include floodplain in whole or part may be rejected if the site does not conform to the average width and depth requirement of 500 feet for a neighborhood park. F. Floodplain dedications less than 500 feet in average depth or width may be considered for offsets when combined with other contiguous park land (and/or] when the site is identified as a link to a proposed linear park in accordance with the Park Master Plan. ATTACHMENT PAGE 27 Page 8 11. The offset value of same estimated land estimated value of following schedule: City Subareas Trinity West Trinity East Randol Mill Six Flags UTA Lake Arlington Tri-City Johnson Station South Rush Creek Lynn Creek NEIGHBORHOOD PARK IMPROVEMENTS 10 Acre Park 1 Acre 800,000 ao,ooo 1,200,000 120,000 800,000 80,000 1,200.000 120.000 1,200,000 120,000 800,000 80,000 800,000 80,000 800,000 80,000 400,004 40,000 400,000 40,000 1. Where park land is available and undeveloped, neighborhood recreational facilities may be developed and the costs offset against park fees provided they are approved in a conununity facilities agreement by the Director of Parks and Recreation. 2. Improvements to be considered as offsets in a community facilities agreement must be included in a site plan which is approved by Che Director of Parks and Recreation. 3. A community facilities agreement will include details related to site plans, design, materials, equipment and methods of construction. The agreement will also provide the City with proper warrantles, assurances and indemnifications. 4. Improvements proposed in a community facilities agreement may include one or more of the following typical neighborhood park improvements. The Director of Parks and Recreation may reject any improvements proposed but not included in this list, andJor any improvements which are not needed or deemed necessary at the site. ° Playgrounds ° Informal Athletic Fields ° Volleyball Courts ° Basketball Courts ° Picnic Areas ° Multi-Purpose Trails & Walkways ° Benches ° Drinking Fountains ° Security Lighting ° Landscaping and Irrigation park land dedications shall be determined utilizing the values in the formula .for determining park fees. The laird for both purposes has been set according to the ATTACI~IENT PAGE 28 f Page 4 S. Facilities proposed in a community facilities agreement must conform to the neighborhood park ob,jeceives, guidelines and standards of the Park Master Plan. Community input is required for the planning and design of neighborhood parks. "In the absence of such input. a cotumunlty facilities agreement may be delayed until public input can be obtained. ' 6. The value of the offset for development of neighborhood park facilities approved in a community facilities agreement will be determined by the Director of Parks and Recreation based upon average costs incurred by the Department for providing the same service. PROPOSALS W1~ICH DO NOT MEET GUIDELINES For any proposals which do not meet or exceed the standards and/or guidelines of this document, the burden of proof shall be on the applicant to demonstrate thaC the proposal will result in neighborhood park and recreation opportunities as good or better than a proposal which complies. PJ3O1O/rm(G8) 10/25/88 ATTACHIIENT PAGE 29 June 22, 1990 David Fain Parks and Recreation City of Colleyville Colleyville, Tx Dear David, I am writing to thank you for your help in loaning us the bleachers for us to use at our Texas Amatuer Athletic Federation Qualifying Gymnastics Meet. Your assistance helped make our meet a success. The Dazzler Stars Level VI competitors went to the T.A.A.F. State Meet in May and came home with the honor of being the Top Team in Level VI in the State of Te xas. Several of our girls on our Competition Team live in Colleyville and the surrounding communities. Again, many thanks and we hope we will have the opportunity to represent Colleyville and Gymnastics Plus in the future. Sincerely, Mary Bell Meet Director Strong finish ~^~theast Tarrant gymnastics elms do we11 in state tourney t3Y MICHAELGUNSTANSON Sew a iYe Sur•Tdgraw Two of Noctltast Tarrant Cattn- s gyrrtrtaStia team made promi- nt showings at the rooently com- aed Texas Amateur Athletic deration state toucnaroent in atherford 'We're very happy with how we t," said Aiioe Dike, whose Gym- aia Plus teaat from Southlake ~ first in t.rvd 6, Division 1. ~e aLso had seven! girls place first their individual events" :lolly Carrington's Hurst Aerials CCd SOOOnd OYenII In Levd S. 'We had agood year." said Garr- ,ton, whose team had six gttalify mats before the state mxs, and red fast in aU but twa D+ks said Rase was never beaten in aU- ~urtdcontpaition in thesix mats which she oomptlyd. ~ymoastics Plus finished just be- d tt•- serials for fnutth ptaoe in +i: Thetwosgttadscompet- How to contact For more informatics oa the two teams, contact Gymnastics Plus of SouWlake at 488-5979 or the Hurst Aerials at'18~9~iQ ed against .13 other teams from around the stair in various divi- "We lost to a Dallas team in the first meet by .9 ofa point," Garringr ton said. '"[lies lost to Dallas by three points and Arlington by .S for third 1R auottter meet." Rose led the Gyrtutastics Plus team in the higher division by win- ning the aU-around tick. She fin- ished eigih on vault with a score of 8.55, second on the bars with an 8.8; took a lira on beam with an 9.15 and was first with her floor routine. Her soon: then was a 9.40. Stephanie Doty finished first with her floor routine in Level S, Division Ill with an 8.75 and Re- becca Torres was first on the vault with an 8.45. Caitlin McDonald led Gymnas- ticsPlus in Level S, Division I wither 35.3 overall score. That was good enough for her to finish second in the aU-around competition. Team- mate Rebecca Blanton, tttrattwhile took first placr in the aU-around competition for Division V, level S with a 29.9. . ,.,. ..~~. .. `, ,. „ ..... G mnastlcs 4:~w • ~ From back page missed with a 33.6; Sheri Carter was closebehindwitha 33.4; Patty Walpert, in het first state mat, scored a 32.5; Crystal Childers recorded a 31.8, and finishodthird in aU-around in her divi- sion;' Canierort Welts finished the competition with a 31. Garrittgtat saidTAAF and the Unit- edState Gymnastics Federation have a system they use for competition. "Elul S is tht lowrst," said Gamng• ton, who has ban invdved in gyttirias• tics foe mast of her 31 years. "Level 6 and 7 arc oompuLsories and 8-9 are optional. Leve110 is oanpulsories and optional routines.'. G•r:rington's learn will take a few weeks off then start performing form a< the Grapevine library and Six Flags. "We try to keep our kids involved in~ the community," ~nW~ n-d• "WS< make a theme for the suaistier, picks song, and do routines to our them;.". Gamngton said the team will also perform at rttalls, Texas Raagprs games and VFW posts. "Our competition begins in J:tuu-. ary," Carrington said, "so we won't do anything until September. Then, we'U train until December." .... Cratsington said her team wiU havC tryoutson June 2 at 9 a.nn. She said het team wiU also compete in the Pc~si Games of Texas, which she said is a mini-Olympia, August 1-4. Ginger Tune, l 3, led the Aerials and placed high enough to move up to the next kvd of oompetiton - levef 6. Her all-around score w;ts a 35.2. Site needed to score at least 3~ to move up. In addition to Tune, the Aerials had five girls that should move up i n the hear future. Laura Buford just (More on GY1rINASTICS, preceding p:yte) Gymnastics Pius Darclers tire, G~ont, Stephanie Doty find Melis.,:t Mtxan; back, from left, Stacy Weathers, Courouey Meythttlrr, Juy Rose, Rebeau Torres, Brittany Holder and Terridtu Wallace. azzler Stars win ate. championship .. l,b. t..v.l vt tea. o< cn-..-~ eteetice Plus • rOas:ter 8tap b ' ttwtrtb. T.i~.A.R wu Jicie !>i•90Desttifee Staee Lswl V teeaa cagy v fottttb pl.a et rite wa m..t. - • ~Iay Roes sad Rebecca Iilnatcgn eaetteti aU-ssatrtd ehempiaasbip titla.ror tlu teaw, Row took the ~ ~~ ~ ~~ soW medal b Division 1 or Iwvel V t, sad Bletttoa nceivd the add is Diviaioa V or I~vel Y. Row secnd eighth f~ a- Vrult. second on bars. end MY the racer Cbl6lplOtl i0a beeat sad Odor, Roes rcord sn outstatditr8 aU-arotutd .once of 56.80 w tale tart piece. 6be is sleo tM ueason champion. eeraitti the Brat place all-around sward at wary TAA.F. mwt of the eprirt~ '"~! season in Lord VI. 'Slaatat welt t second plan oa hers, fifW oa loot sad oath oo beam, in ydditiot- w ~ her Ent place aU-around dt~e. Courtney 1d.ythaler, Kriciegy Holder, Tecridce WaUece and Slept l Wearhrn competed in Divwm ! or Iwvd Vi. Meythaler came its Bttb piece aU-arautd, ei~bth on beano sad eissb oa Moor. Holder .cord ..v.nth .u-.round, third oa mo., A!!h ou vault, end twtth ow beam. WeWce tonic a wcaad oa floor, :, seve~tb oa beem, and tenth on vault. Wiatl-en scored eleventh • tu- Aoae, •L ~ ~alUfo )dcDortrld--sad Carrie ~ Raacb npnaetttd rite l3tarn in ~~ Dirisioa I, Lwel V. Mcflooaid cam- R petd rwu roc th. t.,un, oomina in r oae-anth short d ,the ebem- . • pionsbip. and tonic the silver medal !ocher eu-around score of :iS.:i. She eieo took wcoad on ban. record on flour. third cut berg, yard srventh oe- vault. Ruech scored tifih on byre and fluor. Deader Stttn competing in Divi- riun ll, Lrvel V were Dottye liutZtr, Drnielle Staphenr, Crory Atnew, KxtY Elliott std HrlaY ~~4 Bttsns secad fourth on ~ Door, eawuth oa vault, rrd tenth aU- around. Stephens came in record on beam, elwenth on vault, and eirttth rll-around. AYnew tonic ttinth on been. troth on vault, and eleventh all-around. Elliott'a bert events were a second oa Doot, std twelfth oa vault B4tnwn scord rsventh on ban and door, and ninth on vault Hotly f'urb sad Arhley Bec4ham computed inDivirion VI, t.evel V., Pugh took Atth on beam, eithth on vault and Aoor, and seventh aU- eround. Becltham rcored ei~htb on better, tweutb on Door, sad tenth rll-around. The Dasslar Sta» will now be in traini~ tru tbs upcomin5 U.S.G.F.' raaroa of rawtpetition in L.eveb V, VI, and VLL Their asst meet will bs e U.S.¢R Inviatuxtrtt rt Met• rvplat Gysansetres in Urtllw aa~ ~. June 2 The Wm eriU alto perform at 9~ Pb~s' an Saturday, Jtuw 23. Colleyville rsudentr conuibut• • itt~ w the team i crate title wen ' Stephanie Doty, dru~hter of Tummy sad Viclty Doty; Caitlin Mclhutald, drutShter of Jolts rnd Elaine McDaudd, rnd UrnieUe Stephcrrr, dau~ltter ui ('rai5 and Roberte Stephens. QYMNASTICS PLUS Ow2Z1EA STAAS ~ ~ ~~~~~ ~~,~,u` „ ~~,rir-ce ,~, ~ 9 9a ~J ~~ `' / ,~~ ~ ~~~~ ~~~~1 ~~ ~ ~~~ ~~.~~o~ ~