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01-22-1987 (Planning & Zoning) Agenda Packet AGENDA SUMMARY PLANNING & ZONING COMMISSION JOINT SESSION PKS. & REC. THURSDAY, JANUARY 22 , 1987 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections . ITEM NO. 2 - AMENDMENT TO SUBDIVISION ORDINANCE ON MAXIMUM SLOPE PROVISION AND RETAINING WALLS - This item is placed on your agenda again because Rod Bledsaw said he would come back to you with a recommendation on this provision. The staff has no recommendation to make at this time. ITEM NO. 3 - ADJOURN INTO JOINT SESSION - Self explanatory. ITEM NO. 4 - CONVENE JOINT SESSION WITH PARKS & RECREATION BOARD - Discussion period on parks dedication ordinance and park master plan. ITEM NO.5 - RECOMMENDATION TO CITY COUNCIL ON PARKS DEDICATION ORDINANCE - A copy of this ordinance is provided in your packet for you to discuss and review and recommend to the Council . ITEM NO. 7 - RECOMMENDATION TO CITY COUNCIL ON ADOPTION OF PARKS MASTER PLAN - The Parks Board has approved this plan. It is placed on your joint agenda for joint discussion and recommendation to the Council . AGENDA CALLED MEETING PLANNING & ZONING COMMISSION CITY OF WYLIE, TEXAS THURSDAY, JANUARY 22 , 1987 7 :00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1-7 Consider approval of minutes. 2 8 Consider amendment to Subdivision Ordinance on maximum slope provision and retaining walls. 3 Adjourn business meeting into joint session. 4 Convene joint session with Parks & Recreation Board for purpose of discussion Parks Dedication Ordinance and Parks Master Plan. 5 9-16 Consider recommendation to City Council on adoption of Park Land Dedication Ordinance. 6 Consider recommendation to City Council of City Parks Master Plan. 7 ADJOURN MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY, JANUARY 8, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on January 8, 1987 in the Community Room at 800 Thomas Street. A quorum was present, . notice of the meeting had been posted for the time and in the manner required by law. Those present were: Vice- Chairman Brian Chaney, Ken Mauk, Ben Schoulz, Fred Ouellette and Bill Chapman. Representing the city staff was Gus H. Pappas, City Manager; Roy Faires, Code Enforcement Officer and Amanda Maples, Secretary. The meeting was called to order at 7:00 p.m. by Vice- Chairman Brian Chaney. ITEM NO. 1 - APPROVAL OF THE MINUTES OF NOVEMBER 6. NOVEMBER 20 AND DECEMBER 4. 1986 - Ben Schoulz changed three items on the minutes of November 6, listed as follows: Page 4 Item No. 5 paragraph 3 - "procedure" was misspelled. Page 6 Item No. 8 paragraph 1 - should be stated that the City Council must approve. Page 7 Item no. 8 paragraph 2 - the word "you" should be stricken from the last sentence. Ben Schoulz made a motion to approve the minutes with these changes noted. Bill Chapman seconded the motion. Motion carried 5-0. -+ ITEM NO. 2 - RECOMMENDATION TO COUNCIL ON PRIVATE CLUB ORDINANCE - This was brought back before the Planning and Zoning Commission for consideration following research concerning the percentages of food versus alcohol in other cities. Mr. Pappas stated that upon visiting with various legal councils of other cities, his findings were that while they were sure about defending a 50/50 ratio in court because of the strong logical point that if the percentage was more one way than the other then you clearly had an establishment that was more a bar than a resturant or more a resturant than a bar. However, any other percentage ratio might be considered arbitrary and capricious and might not hold up on court. He went on to say that most of the other cities had set their percentages as high as Wylie 's or higher. He then stated that he had visited with one city that while the passing of the private club ordinance was a heated issue. the enforcing of the ordinance had since fallen by the way side. He asked if the businesses that had been sending in voluntary audits had any problem complying with the ordinance, apparently they were not. Mr. Pappas assured the Planning and Zoning Commission that if this ordinance was passed. he intended to enforce it. Mr. Faires stated that this ordinance has previously been offered as an amendment to the Subdivision Ordinance. It is now being offered as a free standing ordinance with a clause to force existing businesses to come into compliance within 90 days. Ben Schoulz stated that he had visited with a city that has a simular ordinance for private clubs. For the first three quarters of the year they had their ratio set at 60/40 and the business had no problem complying. He stated that this particular city 's ordinance stated that the private clubs had to provide the City with reports on a quarterly basis. This city also uses a PD Zoning rather than Zoning Districts. I also visited with a private club owner who felt that the number of acres in the zoning district was too restrictive. I feel that the 70/30 ratio is too high, 50/50 would be more fair and easier to enforce. Vice-Chairman Brian Chaney said that he would not be opposed to a 60/40 or a 65/35 ratio. Bill Chapman stated that he would not be opposed to a 65/35 ratio. Fred Ouellette stated that he would like to see some of the permit fees, paid by Private Club Owners, be consolidated. Also, he felt that a 70/30 ratio was too high, 50/50 seemed to be fair and more easly enforced. A 50/Z0 ratio would not prevent nice resturants and clubs from comming into Wylie. Mr. Pappas stated that the opinion that he had gotten from the attorney was, while a higher ratio than 50/S0 might be considered arbitary and capricous, it has never been tested in court. Fred Ouellette commented that in some of the other cities that were not actively enforcing their Private Club Ordinances, it could be that they are afraid that they would loose if chalanged in court. He was also concerned that if an establishment was forced to make food service available at all times that alcohol was served, it might be an unusual burden to their business because after 9 or 10 o 'clock p. m. people usually don 't eat and keeping a full kitchen staff on hand would increase their overhead expences. He also felt that 150 dining chairs was too high, and that section 3. 6 on gaming devises should not be included as part of this ordinance because gambling was controlled by the Texas Alcohol Commission. While he had no problem with requiring the private clubs to have an annnual audit, he felt that their should be some grace period in case the C. P.A. was unable to get the reports filed in time. Mr. Pappas said that the City. is only asking for a small initial part of what a C.P.A. would do for his client anyway which would be the gross sales divided into two reports. Ben Schoulz asked if their would be any problem in using the monthly sales reports that are filed with the State Comptroller and the Texas Alcohol Commission. Mr. Pappas said that those reports could be used because their is a penality for fraudulence in filing both of those reports. We could also require an annual audit in addition to the submittal of these reports. Fred Ouellette was concerned about the fact that no mention is made in the ordinance as to the type of entertainment allowed, such as dancing. Mr. Pappas said that if it is not specifically mentioned as not being allowed then you can assume that it is allowed. Mr. Faires stated that a Dance Hall would fall under a seperate ordinance. Ken Mauk asked. in Section 6.4, for non-compliance would the whole establishment be shut down. Mr. Faires stated that the resturant would be allowed to remain in operation. Bill Chapman asked how many square feet, is required per dining chair. Fred Ouellette said that 12 square feet per chair is required. Mr. Pappas stated that using 150 chairs at 12 square feet per chair a dining room could be 42 'x 42' and meet the minimum square footage requirment. Vice-Chairman Brian Chaney asked to tie down the changes in this ordinance before any motion was made. The changes are as follows: 1 . Section 2. 3 Application for a special use permit must be made within 3 months of the date of passage of this ordinance. 2. Section 2.5 Delete Golf and Country Clubs and nationally recognized social or fraternal organizations will be exempt only if recognized by the Texas Alcohol Commission. • 3. Section 3. 1 Not less than sixty percent (607.) of the gross receipts of such establishment shall be derived from the sale of food consumed on the premises. 4. Section 3.2 A minimum of 120 dining seats will be allowed. 5. Section 3.6 Omitt. 6. Section 4. 1 The permittee of each Private Club in the city which has been in operation for at least six (6) months prior to a December 31st calendar year shall submitt to the City Manager or his duly authorized representative on a monthly basis, a copy of the report sent to the Texas Alcholic Beverage Commission and a copy of the sales tax report sent to the State Comptroller. 7. Section 4. 2 It is unlawful for an establishment not to furnish the City with the above stated reports on a monthly basis. B. Section 4.3 Omitt. 9. Section 4.4 Omitt. Bill Chapman made a motion to pass this ordinance with the above mentioned changes. Ken Mauk seconded the motion. Motion carried 5-0. ITEM NO. 3 - RECOMMENDATION TO COUNCIL ON SIGN ORDINANCE - Mr. Pappas stated that this document is Apeing presented to the Planning and Zoning Commission at the request of the City Council and will be an amendment to the Zoning Ordinance. Vice-Chairman Brian Chaney asked to tie down any changes to this ordinance before an motion is made. Changes are as follows: 1 . Aritcle I, Section 1 , Paragraph 3 - should read Gross Surface Area of Sign. 2. Article II, Section 2 - Reference made to temporary permits should be deleted 3. Article II, Section 12 - It shall be unlawful for any person, firm or corporation receiving such written notice etc. 4. Article III, Section 4 - Advertising signs shall not exceed four hundred (400) square feet where legal speed limits are in excess of 50 m. p. h. etc. • Mr. Faires stated that he needed to add include, in this ordinance, the zoning classifications that these signs would be restricted to. Ken Mauk made a motion to approve this ordinance with the changes noted above. Ben Schoulz seconded the motion. Motion carried 5-0. ITEM NO.4 - RECOMMENDATION TO COUNCIL ON "CONDO" ORDINANCE - Mr. Faires stated that this ordinance pertains to structures that are 3 or more stories or are 30 feet or more in height. Mr. Pappas said that this is not covered in our present zoning ordinance and this will fill the hole and provide a minimum standard for structures of this nature. It was suggested that through Section 6 of this ordinance an amendment be made to the Current Zoning Ordinance in all subsections making reference to maximum height to read as follows: "except where said structures contain bedroom units. " Ben Schoulz made a motion to accept this ordinance with the above mentioned provision added. Fred Ouellette seconded the motion. Motion carried 5-0. ITEM NO. 5 - RECOMMENDATION TO AMENDMENT TO SUBDIVISION ORDINANCE PERTAINING TO MAXIMUM SLOPE & RETAINING WALLS - This item is on the agenda at the request of Wanda Bledsaw. Mr. Faires made reference to the Subdivision Ordinance Section 6, paragraph 5, "The maximum ground slope from the edge of the sidewalk on the property line side shall not exceed eleven percent ( 11%) . If it does exceed eleven percent ( 11X) a retaining wall shall be provided on the property line that is acceptable to the City Engineer. " He also made reference to a newsletter dated September 18, 1986, under Construction Activity which explains this requirment. He stated that Mr. Bledsaw is on the mailing list and that he was aware of this ordinance when he aquired the building permit for the particular structure in question. Mr. Faires also provided data from the City Engineer to support this ordinance. Mr. Bledsaw said that he was concerned both as a homeowner and as a builder. As a homeowner in Quail Hollow where most of the homes are required to have retaining walls, I don 't want them to build the retaining walls out of old railroad ties and logs which can be aquired cheep and in just a few years they are falling down and look terrible. As a builder, I don ' t want to be forced to spend $5,000. 00 for a retaining wall every time I build a house. • Mr. Pappas stated that as of now there are no minimum specifications for retaining. walls and their are no provisions for an alternate means of compliance. Vice-Chairman Brian Chaney asked Mr. Bledsaw if he wanted the ordinance changed or specifications added for the retaining walls. Mr. Bledsaw said that he was offering to completely sod the front and side yards as an alternative to the retaining wall, however, he felt that some minimum standard should be set for retaining walls. He went on to say that sod was a good alternative to the retaining walls because the highway department uses sod to hold the soil on huge slopes by bridges. Vice-chairman Brian Chaney stated that along highways the state maintained any erosion problems and that an individual may not maintain such a problem. A retaining wall will last for several years without maintenance. Mr. Chaney asked that an item be put on the next agenda to consider minimum specifications for retaining walls. Mr. Pappas asked Mr. Bledsaw if he was offering to fully sod in lieu of building a retaining wall . Mr. Bledsaw said yes, if the slope is very bad the Federal National Mortgage Association (FNMA) and the Federal Housing Authority (FHA) will not let us build. Brian Chaney asked Mr. Bledsaw to get ,..the FHA and FNMA re9uirments for the Planning and Zoning Commission so that they can be reviewed with the specifications for the retaining walls. No motion was made concerning this item. Mr. Pappas informed the Planning and Zoning Commission that the next meeting on January 22, 1987 would be a joint meeting with the Parks and Recreation Board concerning the Park Land Dedication Ordinance. !1J • ITEM NO. 6 - ADJOURN - Ben Schoulz made a motion to adjourn the January 8, 1987 meeting .of the Planning and Zoning Commission. Vice-Chairman Brian Chaney seconded the motion. Motion carried 5-0. • Brian Chaney, Vice-Chairman Planning & Zoning Commission Respectfully Submitted: 1,L'L/1 Amanda Maples, Secretary REQUEST TO DE PLACED ON AGENDA Date For next Council Agenda____ .tf request that the following item be placed on the City Council Agenda. Con er: _fey aJ Jbi& ' ' D 5 ._Clata5h2L _Oric_i&eLeied- o4 1/72,4evitingen_s _42e__p_i22(21 Reason for request: Thank you, J Si ature JP.it Street Cit , Texas Zip Code 4444-841.2 Phone Number ORDINANCE NO. AN ORDINANCE PROVIDING REQUIREMENTS FOR PARK LAND DEDICATION; TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION AND PARK DEVELOPMENT; CONTAINING A SEVERANCE CLAUSE; PROVIDING FOR PUBLIATION AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. PURPOSE. (a) This ordinance is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the City of Wylie. This ordinance is enacted in accordance with the Home Rule powers of the City of Wylie, 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 the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property or subdivision in the City, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property. (b) 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 Parks and Recreation Department and shown on the official Parks and Recreation map for the City of Wylie 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. SECTION 2. GENERAL REQUIREMENT, SF-i, SF-2, SF-3, 2F-SFA-M- PD LAND, TO BE USED FOR SINGLE FAMILY, DUPLEX AND/OR APARTMENT RESIDENTIAL PURPOSES. 2a. Whenever a final plat is filed on record with the County Clerk of Collin 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 lieu 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 shall be required to pay the applicable cash in lieu of land amount provided by Section 3(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 Board, and to require payment of cash in lieu of land in the amount provided by Section 3 (c) , if the City determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks. 2d. 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 additioal dedication shall be required, and shall be made by payment of the cash in lieu of land amount provided by Section 3 (c) . SECTION 3. MONEY IN LIEU OF LAND. 3a. Subject to approval of the City Council, a land owner responsible for dedication under this ordinance may elect to meet the requirements of Section 2 in whole or in part by a fee payment in lieu of land, in the amount set forth in Section 3 (c) . Such payment in lieu of land shall be made at or prior to the time of final plat approval . Non payment of fee shall constitute ground sufficient to deny approval of proposed plat. 3b. 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 fee 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 ons i t e utilities, or an estimate of such actual cost provided by the City Engineer. Once the City has been reimbursed entirely for all such parkland within a park zone, this section shall cease to apply, and the other sections of this ordinance shall again be applicable. 3c. To the extent that Section 3 (b) is not applicable, the dedication requirement shall be met by a payment in lieu of land at a per-acre price set from time to time by resolution by the City Council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located. Unless changed by the City Council, such per-acre price shall be computed on the basis of $225. 00 per dwelling unit. Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development. 4C/ SECTION 4. COMPREHENSIVE PLAN CONSIDERATIONS. The City, through it' s staff, Planning and Zoning Commission recommendations and City Council approval shall create and maintain a master park plan for the City of Wylie and it' s extra-terrotorial .jurisdiction. The City shall further designate the size of said parks and the zones which are to be supportive of these parks. This which are to supoortive of these parks. This plan may be, from time to time, updated and amended at the pleasure of the approving authorities and at the reaction on to proposed subdivisions presenting plats for development within those zones. These designated park areas will be given first priority by the developers and should be located or, +_insubdivided acreage greater than fifty (50) acres minimum to allow the subdivdier adequate land to offset the initial dedication. Other funds receive from tracts within the area, both larger an smaller, will be used for the development of said park. SECTION 5. PARK ACQUISITION & IMPROVEMENT FUND, RIGHT TO REFUND. 5a. There is hereby established a special fund for the deposit of all sums paid in lieu of land dedicat ion under this ordinance or any preceding ordinance, which fund shall be known as the Park Acquisition & Improvement Fund. Said fund may be subdivided to create as many separate funds as became necessary in order to insure that all funds are separated by park zone and spent wholly and completely within said park zone. Each fund shall be separately audited in the Annual Audit of the City of Wylie and shall be available for public review. 5b. 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 (5) years from the date received by the City for acquisition of development of a neighborhood 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 within one year of entitlement, in writing, or such right shall be barred. SECTION 6. ADDITIONAL REQUIREMENTS, DEFINITIONS. 6a. Any land dedicated to the City under this ordinance must be suitable for park and recreation uses. The fallowing characteristics of a proposed area are generallly unsuitable: 1. Any area primarily located in the one hundred ( 100) year flood plain. 2. Any areas of unusual topography or slope which renders same unusable for organized recreational activities. The above characteristics of a park land dedication area may be grounds for refusal of any preliminary plat. 6b. Land listed in Section 6 (a) may be accepted by the City Council provided that suitable land in the proper amount is dedicated which is contiguous with the unsuitable land. • 6c. 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. 1/ 6d. Each park must have ready access to public street. 6e. Unless provided otherwise herein, an action by the City shall be by the City Council, after consideration of the recommendations of the Planning and Zoning Commission and the Parks and Recreation Committee and its recommendation to the City Council. 6f. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any 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. SECTION 7. SEVERABILITY. It is hereby declared to be th intention fo the City Council the sections, parpagraphs, sentences, clauses, and phases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any ether remaining phrase, clause, sentence, paragraph or sect ion of this ordinance; and the City Council hereby declares it would have passed the remaining portions wven though it had known the affected parts would be held unconstitutional. SECTION 8. PUBLICATION. The Caption of this ordinance shall be published one time in a newspaper of general distribution in the City of Wylie. SECTION 9. EFFECTIVE DATE. This ordinance shall become effective upon its pubication in the newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF 1987. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary ORDINANCE NO. AN ORDINANCE PROVIDING REQUIREMENTS FOR PARK LAND DEDICATION; TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION AND PARK DEVELOPMENT; CONTAINING A SEVERANCE CLAUSE; PROVIDING FOR PUBLIATION AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. PURPOSE. (a) This ordinance is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the City of Wylie. This ordinance is enacted in accordance with the Home Rule powers of the City of Wylie, 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 the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property or subdivision in the City, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property. (b) 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 Parks and Recreation Department and shown on the official Parks and Recreation map for the City of Wylie 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. SECTION 2. GENERAL REQUIREMENT, SF-1, SF-2, SF-3, 2F-SFA-M- PD LAND, TO BE USED FOR SINGLE FAMILY, DUPLEX AND/OR APARTMENT RESIDENTIAL PURPOSES. 2a. Whenever a final plat is filed on record with the County Clerk of Collin 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 lieu 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 shall be required to pay the applicable cash in lieu of land amount provided by Section 3(c) , rather than to dedicate any land area. No plat showing a dedication of less than one acre shall be approved. 1;5., 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 Board, and to require payment of cash in lieu of land in the amount provided by Section 3(c) , if the City determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks. 2d. 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 additioal dedication shall be required, and shall be made by payment of the cash in lieu of land amount provided by Section 3 (c) . SECTION 3. MONEY IN LIEU OF LAND. 3a. Subject to approval of the City Council, a land owner responsible for dedication under this ordinance may elect to meet the requirements of Section 2 in whole or in part by a fee payment in lieu of land, in the amount set forth in Section 3(c) . Such payment in lieu of land shall be made at or prior to the time of final plat approval. Non payment of fee shall constitute ground sufficient to deny approval of proposed plat. 3b. 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 fee 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 provided by the City Engineer. Once the City has been reimbursed entirely for all such parkland within a park zone, this section shall cease to apply, and the other sections of this ordinance shall again be applicable. 3c. To the extent that Section 3(b) is not applicable, the dedication requirement shall be met by a payment in lieu of land at a per-acre price set from time to time by resolution by the City Council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located. Unless changed by the City Council, such per-acre price shall be computed on the basis of $225. 00 per dwelling unit. Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development. SECTION 4. COMPREHENSIVE PLAN CONSIDERATIONS. The City, through it ' s staff, Planning and Zoning Commission recommendations and City Council approval shall create and maintain a master park plan for the City of Wylie and it' s extra-terrotorial jurisdiction. The City shall further designate the size of said parks and the zones which are to be supportive of these parks. This which are to supoortive of these parks. This plan may be, from time to time, updated and amended at the pleasure of the approving authorities and at the reaction to proposed subdivisions presenting plats for development within those zones. These designated park areas will be given first priority by the developers and should be located on unsubdivided acreage greater than fifty (50) acres minimum to allow the subdivdier adequate land to offset the initial dedication. Other funds receive from tracts within the area, both larger an smaller, will be used for the development of said park. SECTION 5. PARK ACQUISITION & IMPROVEMENT FUND, RIGHT TO REFUND. 5a. 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 Park Acquisition & Improvement Fund. Said fund may be subdivided to create as many separate funds as become necessary in order to insure that all funds are separated by park zone and spent wholly and completely within said park zone. Each fund shall be separately audited in the Annual Audit of the City of Wylie and shall be available for public review. 5b. 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 (5) years from the date received by the City for acquisition of development of a neighborhood 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 within one year of entitlement, in writing, or such right shall be barred. SECTION 6. ADDITIONAL REQUIREMENTS, DEFINITIONS. 6a. Any land dedicated to the City under this ordinance must be suitable for park and recreation uses. The following characteristics of a proposed area are generallly unsuitable: 1. Any area primarily located in the one hundred ( 100) year flood plain. 2. Any areas of unusual topography or slope which renders same unusable for organized recreational activities. The above characteristics of a park land dedication area may be grounds for refusal of any preliminary plat. 6b. Land listed in Section 6(a) may be accepted by the City Council provided that suitable land in the proper amount is dedicated which is contiguous with the unsuitable land. 6c. 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. /6. 6d. Each park must have ready access to public street. 6e. Unless provided otherwise herein, an action by the City shall be by the City Council, after consideration of the recommendations of the Planning and Zoning Commission and the Parks and Recreation Committee and its recommendation to the City Council. 6f. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any 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. SECTION 7. SEVERABILITY. It is hereby declared to be th intention fo the City Council the sections, parpagraphs, sentences, clauses, and phases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement 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 wven though it had known the affected parts would be held unconstitutional. SECTION 8. PUBLICATION. The Caption of this ordinance shall be published one time in a newspaper of general distribution in the City of Wylie. SECTION 9. EFFECTIVE DATE. This ordinance shall become effective upon its pubication in the newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF 1987. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary