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08-25-1983 (Planning & Zoning) Agenda Packet Date Posted: 8-18-83 Time Posted: 4:30 P.M. vjr OF 42.� C> LAKE tr' LAVON WYLIE • LAKE RAY HUBBARD AGENDA PLANNING AND ZONING COMMISSION August 25, 1983 6:30 P.M. N1. Call to order /2. Public Hearing to consider annexation of 0 acres - Attebury Survey - (off 1378 behind old gin) P1 J3. Consider appro al pr iminar at for Rustic Oaks 4. Consider approval pr liminary plat for Swt zersPllar>,ped evelopment. f�4 v5. Consider a proval pr limin r lat for Railroad Indus--trial Park. Pf e45- . • ---- - /Le 16. Consider approval final pla for Creek Side South Estates (inside theme ETJ of the City) 1 .482 acres locatRd Eas, of Wylie pn.Fl2 544 47. Consider approval of rezoning Abstract 23 A. Atterbury Survey, Block Track 5D from Retail to MF. 8. Adjourn 114 NORTH BALLARD P.O.BOX 428,WYLIE,TEXAS 75098 PHONE(214)442-2236 DRP& I ORDINANCE NO. • AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR AN ADDEDUM TO THE CITY SUBDIVISION ORDINANCE 83-18, TO PROVIDE FOR PARK LAND DEDICATION OR TO PROVIDE A MEANS TO CONTRIBUTE TO AN ESCROW ACCOUNT TO PURCHASE LAND FOR FUTURE PARKS, AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, The City Council has determined that a need exists to provide park and recreation facilities for the City of Wylie as it grows for the benefit for its citizens; and; WHEREAS, No ordinance now exists that provides for the protection of land for parks and recreation; NOW, THEREFORE, Be it resolved by the City Council of the City of Wylie, Texas; That: SECTION 1. PURPOSE, It is declared to be the express policy of the City of Wylie that in order to provide continuing growth of sufficient park and recreation facilities within the City for the benefit and welfare of the citizens of the City of Wylie, this Ordinance will set out the provisions for securing land for parks and recreation while utilizing the Comprehensive Plan Report for Land Use, the guidance of the Planning and Zoning Commission, and the Park and Recreation Board for selection of sites and development. SECTION 2. ALTERNATIVES. a. At the time of presentation of the Preliminary Plat, potention sites for parks shall be identified and possible sizes and type determined and the developer shall make a preliminary determination of the option of dedicating land or contributing to the escrowed land fund. b. If the subdivision is not sufficient in size as the developer decides to contribute to the escrow fund for Park land in the place of ded- icating land for park area, the pro rata charge shall be used as set forth in this Ordinance. SECTION 3. PRO RATA PARK CHARGE DETERMINATION, The Pro Rata Park Charge shall be calculated in accordance to the following schedule: TYPE OF DEVELOPMENT PRO RATA PARK CHARGE Single-famile residential $100.00 per unit Duplex, townhouse, or multi-famile (up to 10 units per acre) $75.00 per unit Multi-family (over 10 units per acre) $50.00 per unit The total calculated Pro Rata Park Charge for the entire development shall be compared with the fair market value of the prospective park land in det- ermining whether land shall be dedicated, or a sum of money paid in lieu of 1. dedication, or both. The term "fair market value" as used herein shall mean that price which the land would bring if sold i.n the usual and or- dinary course of business. Each Developer shall be given opportunity to present to the City Council any evidence tending to establish fair market value of the land. The City Council shall decide the fair market value of the land, and such determination shall be final . The value of the prospective park land proposed to be dedicated shall be determined by using the actual fair market value of the raw land plus one-half (1/2) the cost of an abutting local street only, plus one-half (1/2) the cost of water and sewer utilities within the abutting local street, as may be necessary to provide service to the site. The determination of whether land is dedicated or a fee in lieu thereof is paid shall be determined by one of the following methods : a. One a Subdivision of less than one hundred (100) acres, the Developer shall be required only to pay a sum of money equal to the Pro Rata Park Charge as a fee in lieu of dedication to the City park develop- ment fund. b. On a Subdivision of from one hundred (100) acres but less than three hundred twenty (320) acres, the dedication of land, a cash payment in lieu of dedication, or a combination of both shall be required. For a Subdiivision of this size range, the dedication of land or cash payment shall be determined by the following criteria: (1) If the fair market value of the proposed land to be dedicated exceeds the Pro Rata Park Charge by one thousand dollars ($1,000.00) or more, the Developer shall not be required to dedicate land but shall pay a sum of money equal to the Pro Rata Park Charge as a fee in lieu of dedication. (2) If the fair market value of the proposed land to be dedicated is equal to or within one thousand dollars ($1,000.00) (over or under) of the Pro Rata Park Charge, the Developer shall be required to dedicate the land so proposed by the City. (3) If the fair market value of the proposed land to be dedicated is less than the Pro Rata Park Charge by one thousand dollars or more, the Developer shall dedicate the land so proposed by the City and, in addition, pay a sum of money equal to the Pro Rata Park Charge less the fair market value of the land so dedicated. c. On subdivisions of from three hundred twenty (320) acres and above, there shall be required dedication of land of a fair market value equivalent to the Pro Rata Park Charge All pro rata park charges made under these provisions shall be deposited in the park fund of the City and said funds shall be used only for the pur- poses of providing park and/or recreational facility land to the citizens of Wylie, but primarily and on a pro rata basis to benefit persons in the Subdivision for which such funds were deposited. The pro rata park charge shall be based upon the actual number of platted lots or living units to be constructed within a development plan. Each 2, living unit within a structure shall be considered as a separate living unit, whether platted, subdivided, or contained as a common area in a com- mon structure, and each living unit shall be subject to the unit pro rata park charge. When a Subdivision is to be developed in stages, a Facilities Agreement, may set out provisions for the future dedication of land and/or payment of fees in lieu of dedication. SECTION 4. FINAL PLAT. a. Prior to the approval of the final plat for the Subdivision the land to be dedicated or the pro rata charge shall be either located or be paid. b. The location, dimensions and designation of any land area ded- icated for a park within the subdivision or purchased by the City of Wylie by an expenditure of escrowed park funds or both shall be shown on said final plat. SECTION .5. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . SECTION 6. EFFECTIVE DATE CLAUSE. This ordinance shall become effective immediately upon its passage and publi- cation as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THIS THE DAY OF ,1983. Robert B. Squires , Mayor ATTESTED: Carolyn Jones, City Secretary 3. pt; ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR AN ADDEDUM TO THE CITY SUBDIVISION ORDINANCE 83-18, TO PROVIDE FOR PARK LAND DEDICATION OR TO PROVIDE A MEANS TO CONTRIBUTE TO AN ESCROW ACCOUNT TO PURCHASE LAND FOR FUTURE PARKS, AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, The City Council has determined that a need exists to provide park and recreation facilities for the City of Wylie as it grows for the benefit for its citizens; and; WHEREAS, No ordinance now exists that provides for the protection of land for parks and recreation; NOW, THEREFORE, Be it resolved by the City Council of the City of Wylie, Texas; That: SECTION 1. PURPOSE, It is declared to be the express policy of the City of Wylie that in order to provide continuing growth of sufficient park and recreation facilities within the City for the benefit and welfare of the citizens of the City of Wylie, this Ordinance will set out the provisions for securing land for parks and recreation while utilizing the Comprehensive Plan Report for Land Use, the guidance of the Planning and Zoning Commission, and the Park and Recreation Board for selection of sites and development. SECTION 2. ALTERNATIVES. a. At the time of presentation of the Preliminary Plat, potention sites for parks shall be identified and possible sizes and type determined and the developer shall make a preliminary determination of the option of dedicating land or contributing to the escrowed land fund. b. If the subdivision is not sufficient in size as the developer decides to contribute to the escrow fund for Park land in the place of ded- icating land for park area, the pro rata charge shall be used as set forth in this Ordinance. SECTION 3. PRO RATA PARK CHARGE DETERMINATION, The Pro Rata Park Charge shall be calculated in accordance to the following schedule: TYPE OF DEVELOPMENT PRO RATA PARK CHARGE Single-famile residential $100.00 per unit Duplex, townhouse, or multi-famile (up to 10 units per acre) $75.00 per unit Multi-family (over 10 units per acre) $50.00 per unit The total calculated Pro Rata Park Charge for the entire development shall be compared with the fair market value of the prospective park land in det- ermining whether land shall be dedicated, or a sum of money paid in lieu of 1. dedication, or both. The term "fair market value" as used herein shall mean that price which the land would bring if sold in the usual and or- dinary course of business. Each Developer shall be given opportunity to present to the City Council any evidence tending to establish fair market value of the land. The City Council shall decide the fair market value of the land, and such determination shall be final . The value of the prospective park land proposed to be dedicated shall be determined by using the actual fair market value of the raw land plus one-half (1/2) the cost of an abutting local street only, plus one-half (1/2) the cost of water and sewer utilities within the abutting local street, as may be necessary to provide service to the site. The determination of whether land is dedicated or a fee in lieu thereof is paid shall be determined by one of the following methods: a. One a Subdivision of less than one hundred (100) acres, the Developer shall be required only to pay a sum of money equal to the Pro Rata Park Charge as a fee in lieu of dedication to the City park develop- ment fund. b, On a Subdivision of from one hundred (100) acres but less than three hundred twenty (320) acres, the dedication of land, a cash payment in lieu of dedication, or a combination of both shall be required. For a Subdivision of this size range, the dedication of land or cash payment shall be determined by the following criteria: (1) If the fair market value of the proposed land to be dedicated exceeds the Pro Rata Park Charge by one thousand dollars ($1,000.00) or more, the Developer shall not be required to dedicate land but shall pay a sum of money equal to the Pro Rata Park Charge as a fee in lieu of dedication. (2) If the fair market value of the proposed land to be dedicated is equal to or within one thousand dollars ($1,000.00) (over or under) of the Pro Rata Park Charge, the Developer shall be required to dedicate the land so proposed by the City. (3) If the fair market value of the proposed land to be dedicated is less than the Pro Rata Park Charge by one thousand dollars or more, the Developer shall dedicate the land so proposed by the City and, in addition, pay a sum of money equal to the Pro Rata Park Charge less the fair market value of the land so dedicated. c. On subdivisions of from three hundred twenty (320) acres and above, there shall be required dedication of land of a fair market value equivalent to the Pro Rata Park Charge All pro rata park charges made under these provisions shall be deposited in the park fund of the City and said funds shall be used only for the pur- poses of providing park and/or recreational facility land to the citizens of Wylie, but primarily and on a pro rata basis to benefit persons in the Subdivision for which such funds were deposited. The pro rata park charge shall be based upon the actual number of platted lots or living units to be constructed within a development plan. Each 2, living unit within a structure shall be considered as a separate living unit, whether platted, subdivided, or contained as a common area in a com- mon structure, and each living unit shall be subject to the unit pro rata park charge. When a Subdivision is to be developed in stages, a Facilities Agreement, may set out provisions for the future dedication of land and/or payment of fees in lieu of dedication. SECTION 4. FINAL PLAT. • a. Prior to the approval of the final plat for the Subdivision the land to be dedicated or the pro rata charge shall be either located or be paid. b. The location, dimensions and designation of any land area ded- icated for a park within the subdivision or purchased by the City of Wylie by an expenditure of escrowed park funds or both shall be shown on said final plat. SECTION .5. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences , clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . SECTION 6. EFFECTIVE DATE CLAUSE. This ordinance shall become effective immediately upon its passage and publi- cation as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THIS THE DAY OF ,1983. Robert B. Squires , Mayor ATTESTED: Carolyn Jones, City Secretary 3. Brig ORDINANCE NO. • AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR AN ADDEDUM TO THE CITY SUBDIVISION ORDINANCE 83-18, TO PROVIDE FOR PARK LAND DEDICATION OR TO PROVIDE A MEANS TO CONTRIBUTE TO AN ESCROW ACCOUNT TO PURCHASE LAND FOR FUTURE PARKS, AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, The City Council has determined that a need exists to provide park and recreation facilities for the City of Wylie as it grows for the benefit for its citizens; and; WHEREAS, No ordinance now exists that provides for the protection of land for parks and recreation; NOW, THEREFORE, Be it resolved by the City Council of the City of Wylie, Texas; That: SECTION 1. PURPOSE, It is declared to be the express policy of the City of Wylie that in order to provide continuing growth of sufficient park and recreation facilities within the City for the benefit and welfare of the citizens of the City of Wylie, this Ordinance will set out the provisions for securing land for parks and recreation while utilizing the Comprehensive Plan Report for Land Use, the guidance of the Planning and Zoning Connnission, and the Park and Recreation Board for selection of sites and development. SECTION 2. ALTERNATIVES. a. At the time of presentation of the Preliminary Plat, potention sites for parks shall be identified and possible sizes and type determined and the developer shall make a preliminary determination of the option of dedicating land or contributing to the escrowed land fund. b. If the subdivision is not sufficient in size as the developer decides to contribute to the escrow fund for Park land in the place of ded- icating land for park area, the pro rata charge shall be used as set forth in this Ordinance. SECTION 3. PRO RATA PARK CHARGE DETERMINATION, The Pro Rata Park Charge shall be calculated in accordance to the following schedule: TYPE OF DEVELOPMENT PRO RATA PARK CHARGE Single-famile residential $100.00 per unit Duplex, townhouse, or multi-famile (up to 10 units per acre) $75.00 per unit Multi-family (over 10 units per acre) $50.00 per unit The total calculated Pro Rata Park Charge for the entire development shall be compared with the fair market value of the prospective park land in det- ermining whether land shall be dedicated, or a sum of money paid in lieu of 1. 4 dedication, or both. The term "fair market value" as used herein shall mean that price which the land would bring if sold in the usual and or- dinary course of business. Each Developer shall be given opportunity to present to the City Council any evidence tending to establish fair market value of the land. The City Council shall decide the fair market value of the land, and such determination shall be final . The value of the prospective park land proposed to be dedicated shall be determined by using the actual fair market value of the raw land plus one-half (1/2) the cost of an abutting local street only, plus one-half (1/2) the cost of water and sewer utilities within the abutting local street, as may be necessary to provide service to the site. The determination of whether land is dedicated or a fee in lieu thereof is paid shall be determined by one of the following methods : a. One a Subdivision of less than one hundred (100) acres, the Developer shall be required .only to pay a sum of money equal to the Pro Rata Park Charge as a fee in lieu of dedication to the City park develop- ment fund. b. On a Subdivision of from one hundred (100) acres but less than three hundred twenty (320) acres, the dedication of land, a cash payment in lieu of dedication, or a combination: of both shall be required. For a Subdilvision of this size range, the dedication of land or cash payment shall be determined by the following criteria: (1) If the fair market value of the proposed land to be dedicated exceeds the Pro Rata Park Charge by one thousand dollars (_$1,000.00) or more, the Developer shall not be required to dedicate land but shall pay a sum of money equal to the Pro Rata Park Charge as a fee in lieu of dedication. (2) If the fair market value of the proposed land to be dedicated is equal to or. -within one thousand dollars ($1,000.00) (over or under) of the Pro Rata Park Charge, the Developer shall be required to dedicate the land so proposed by the City. (3) If the fair market value of the proposed land to be dedicated is less than the Pro Rata Park Charge by one thousand dollars or more, the Developer shall dedicate the land so proposed by the City and, in addition, pay a sum of money equal to the Pro Rata Park Charge less the fair market value of the land so dedicated. c. On subdivisions of from three hundred twenty (320) acres and above, there shall be required dedication of land of a fair market value equivalent to the Pro Rata Park Charge All pro rata park charges made under these provisions shall be deposited in the park fund of the City and said funds shall be used only for the pur- poses of providing park and/or recreational facility land to the citizens of Wylie, but primarily and on a pro rata basis to benefit persons in the Subdivision for which such funds were deposited. The pro rata park charge shall be based upon the actual number of platted lots or living units to be constructed within a development plan. Each 2, living unit within a structure shall be considered as a separate living unit, whether platted, subdivided, or contained as a common area in a com- mon structure, and each living unit shall be subject to the unit pro rata park charge. When a Subdivision is to be developed in stages, a Facilities Agreement, may set out provisions for the future dedication of land and/or payment of fees in lieu of dedication. SECTION 4. FINAL PLAT. a. Prior to the approval of the final plat for the Subdivision the land to be dedicated or the pro rata charge shall be either located or be paid. b. The location, dimensions and designation of any land area ded- icated for a park within the subdivision or purchased by the City of Wylie by an expenditure of escrowed park funds or both shall be shown on said final plat. SECTION .5. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences , clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . SECTION 6. EFFECTIVE DATE CLAUSE. This ordinance shall become effective immediately upon its passage and publi- cation as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THIS THE DAY OF ,1983. Robert B. Squires , Mayor ATTESTED: Carolyn Jones, City Secretary 3.