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HomeMy WebLinkAboutOrdinances (O-00-1216)-05/02/2000 ORDINANCE 0-00-1216 AN ORDINANCE OF THE CITY OF COLLEYVILLE AMENDING CHAPTER 11 - PARKLAND DEDICATION OF THE LAND DEVELOPMENT CODE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Colleyville has heretofore adopted a Parkland Dedication Ordinance; and WHEREAS, the Parkland Dedication Ordinance has been incorporated into the Land Development Code of the City of Colleyville; and WHEREAS, the City has zoning classifications which require open space; and WHEREAS, the City Council has determined that in order to provide for adequate land for parks, recreation and open space, it is appropriate and in the best interest of the City to amend the Parkland dedication requirements. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS AS FOLLOWS: Sec. 1. THAT Paragraph 2. Amount and Location, of Section 11.5.B of Chapter 11, of the Land Development Code is amended in its entirety and replaced by the following text: 2. Amount and Location a. Residential Developments Based on the population projected to reside in the City of Colleyville, as stated in the 1998 Master Plan adopted by the City Council, the City desires to provide 12.93 acres of parkland for every new 1,000 residents in an ultimate condition. Parkland meeting the requirements contained within this section shall be dedicated to the City at a ratio of one (1) acre of parkland for Sec. 2. Ordinance 0-00-1216 Page 2 of 4 every twenty-five (25) residential dwelling units or a prorated portion thereof. The subdivider shall dedicate to the City a minimum of 0.040 acres of parkland in fee simple for each DU (dwelling unit) within the subdivision; provided, however, no tract of parkland shall be less than seven (7) acres in total area unless approved by the City Council. b. Non-Residential Developments Although non-residential development does not generate residential occupancies per se, it does create environmental impacts, which may negatively affect the living environment of the community. These impacts may be ameliorated or eliminated by providing park or open space areas which buffer adjoining land uses, prevent undue concentration of paved areas, allow for the reasonable dissipation of automotive exhaust fumes, provide natural buffers to the spread of fire or explosion, and provide separation of lighting, waste disposal, and noise by-products of non-residential operations and activities from adjacent residential areas. The City has therefore determined that non-residential developments must provide dedicated parks and/or reserved open space at a ratio of one (1) acre of parkland for every fifty-six (56) non-residential gross acres of development or prorated portion thereof. c. Off-site Dedications A developer may dedicate the required parkland for a development at another location owned by the same developer within the City with the consent of the City, provided that the off- site dedication is in accordance with this ordinance. THAT Paragraph 3. Calculation of Fees, of Section 11.5.C, of Chapter 11, of the Land Development Code is amended in its entirety and replaced by the following text: 3. Calculation of Fees The City Council shall establish an acreage land value cost figure to be used in calculating park fees. a. Residential Dwelling Unit Fees: Fees paid in lieu of dedication shall be based on the determined cost of 1 acre of land divided Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-00-1216 Page 3 of 4 by twenty-five (25), for a resulting fee per residential dwelling unit of $1,802. b. Non-Residential Development Fees: The fee payment alternative for non-residential development shall be calculated by dividing the determined cost of one (1) acre of land by fifty- six, for a resulting fee per non-residential acre cost of $800 per acre. THAT Paragraph 4. Collection of Fees, of Section 11.5.C, of Chapter 11, of the Land Development Code is amended in its entirety and replaced by the following text: 4. Collection of Fees a. Parkland dedication fees in lieu of dedication shall be paid before the final plat is recorded with the County Clerk's office. A plat containing two (2) or fewer lots may pay Parkland dedication fees at the time of issuance of any building permit for a DU within the subdivision. b. By agreement approved by the City Council, the City and the subdivider may alter the time and method of payment and fees in lieu of dedication. THAT Paragraph 6.b, Fee Payments in Lieu of Dedication & Paragraph 6.c, PUD-R Zoning or Other Zoning Classifications Requiring Dedication of Open Space, of Chapter 11, of the Land Development Code are hereby deleted. THAT Chapter 11, Parkland Dedication, of the Land Development Code shall remain in effect, except where amended by this Ordinance. THAT if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption as an alternative method of publication provided by law. Ordinance 0-00-1'216 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the J~it day of April 2000. 2 V\..d The second reading and public hearing being conducted on the - day of May 2000. ATTEST: kd~ CITY OF COLLEYVILLE J an Harris, TRMC, CMC City Secretary ;t;::J a Donna Arp ~ Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney