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08-29-1986 (Planning & Zoning) Agenda Packet AGENDA P ANNING & ING COMMISSION ORDER OF PAGE BUSINESS REFERENCE BUSINESS ORDINANCE NO. AN ORDINANCE PROVIDING REQUIREMENTS FOR PARK LAND DEDICATION; TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION AND PARK DEVELOPMENT; ESTABLISHING A SPECIAL FUND FOR MONEY PAID FOR PARK DEVELOPMENT; CONTAINING A - SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION 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 proceedure 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 purpose stated. Section 2. General requirement,,, SF1-SF2-Sf3-2F-SFA- MF-PD land, to be used for single family, duplex and/or apartment residential purpose. 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 applicalble 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 Board, and to require payment of cash in lieu of land in the amount provided by Section 4(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 additional dedication shall be required, and shall be made by payment of the cash in lieu of land oamount provided by Section 4(c) , or by the conveyance of an entire numbered lot to the City. Section 3. Money in Lieu of Land. 3a. Subject of veto 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 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. 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 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 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 4b 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 some zone as the development. Section 4. Comprehensive Plan Considerations. Land shown on a comprehensive plan as being suitable for development of the City for a major recreatioanl 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 5. Special Funds_ 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 preciding ordinance, which fund shall be known as the Parkland Dedication Fund. 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 og area basis. The owners of such property must request such refund within one year of entitlement, in writing or such right shall barred. Section 6. Additional reguirements, 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 generally unsuitable: 1. Any area primarily located in the 100 year flood plain. 2. Any area of unusual topograhy or slope which renders same unusable for organizied recreational activities. The above characteristics of a park land dedication area may be ground for refusal of any preliminary plat. 6b. Land listed in Section 6a 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. 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 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. Section 7. Severability. It is hereby declared to be the intention of the City Council the the sections, paragraph, 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 judgement or decree of a court of competent jursidiction, 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 8. Publication. The caption of this ordinance shall be published on time in a newspaper of general distribution in the City of Wylie. Section 9. Effective Date. This ordinace shall become effective upon its publication in the newapaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF 1986. Joe Fulgham, Mayor Pro-Tem ATTEST: Carolyn Jones, City Secreatary