HomeMy WebLinkAboutORD 2001-26 - Parkland DedicationORDINANCE NO.
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WHEREAS, the City Council of the City of Georgetown, Texas has
determined through the adoption of the Century Plan that the establishment and
preservation of parks and open spaces is critical to the quality of life in
Georgetown;
WHEREAS, the existing parkland dedication ordinance is not achieving the
desired effect of the establishment and preservation of parks and open spaces;
WHEREAS, the City Council directed the Parks and Recreation Board to
review the parkland dedication ordinance and propose any recommendations for
amendment;
WHEREAS, the Parks and Recreation Board established a subcommittee
who considered the parkland dedication ordinance issue for several months,
reviewing the ordinances of other communities and determining the needs of
Georgetown;
WHEREAS, the Parks and Recreation Board considered the work of its
subcommittee and prepared a recommendation for the City Council, which was
presented at a City Council workshop on October 10, 2000;
WHEREAS, the City Attorney reviewed the recommendation of the Parks
and Recreation Board and drafted an ordinance for the Board's consideration;
WHEREAS, Parks and Recreation Board considered the draft ordinance,
proposed revisions and the final draft ordinance was submitted to the Planning and
Zoning Commission and City Council for consideration, as required by the
Subdivision Regulations Ordinance;
WHEREAS, the Planning and Zoning Commission considered the
proposed ordinance on March 5, 2001, and voted to recommend the ordinance to
the City Council for approval;
WHEREAS, the caption of this ordinance was printed in the Williamson
County Sun on March 21, 2001, in compliance with the City Charter of the City of
Georgetown; and
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WHEREAS, the City Council, after due consideration to the proposed
ordinance has determined that the adoption of this ordinance is in the best interest
of the City of Georgetown;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct, and are
incorporated by reference herein and expressly made a part hereof, as if copied
verbatim. The City Council hereby finds that this ordinance implements the
following elements of the Century Plan Policy Plan and that the enactment of this
ordinance is not inconsistent or in conflict with any other Century Plan Policies, as
required by Section 2.03 of the Administrative Chapter the Policy Plan:
Recreation and Cultural Affairs Policy End 9.00 — "Parks, open
space, recreation facilities and services, and social and cultural
activities contribute to an enhanced quality of life for the citi8zens
of Georgetown.
SECTION 2. Section 42000 of the City of Georgetown Subdivision
Regulations is hereby amended to read as follows:
"42000 PARK LAND DEDICATION
42010 Dedication of Public Park Land Required
It shall be required that a subdivider of any residential subdivision
within the City's territorial jurisdiction set aside and dedicate to the
public sufficient and suitable lands within the appropriate primary or
secondary zones established by Section 42090 C. for the purpose
of public park land or make an in -lieu financial contribution for the
acquisition of such park land in accordance with the provisions of
this section and these regulations generally. Those subdivisions
having received preliminary plat approval prior to the effective date
of this ordinance shall be exempt from the requirements of this
section except that the expiration of either the preliminary or final
plat shall void this exemption. All plats receiving final plat, or
alternative form plat approval based on this ordinance shall
conform to the requirements of this section. The Council and
subdivider may negotiate the combination of public park land
dedication and/or payment of fees -in -lieu of required park land to
satisfy the provisions of this ordinance. However, in the event the
subdivider offers to dedicate land for a public park classification
that is defined in the Century Plan, that meets the design standards
of these regulations, and that is three (3) or more acres in size the
Subdivision Regulations / Parkland NediZc7aFoT
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City shall be obligated to accept the park land dedication. Where a
subdivider proposes to pay an in -lieu -fee as provided for in Section
42030, the Council may accept such payment as satisfying the
park land dedication requirements of this ordinance, except that the
City reserves the right to require the dedication of land for public
park purposes in accordance with Section 42020 when one (1) or
more acres of land would be required to satisfy the park land
dedication requirements of this ordinance.
42020 Formula for Calculating Area of Park Land
The acreage to be contributed prior to final approval by the Council
of any residential subdivision shall be pro -rated in an amount equal
to one (1) acre for each fifty (50) new dwelling units projected to
occupy the fully developed subdivision. Subdivision in which dwelling
units were built after February 14, 1988 on an illegal lot shall also
pay a fee -in -lieu for the existing units.
42025 Alternative Dedication for Parkland within Concept
Planned Subdivisions
A. Equivalent Acreage
When the residential subdivision is part of an area of land
which is required by this ordinance to obtain approval of a
concept plan in compliance with Section 23000, a subdivider
is required to dedicate land in compliance with this section
prior to the recordation of the first record final plat for the
development. The subdivider shall dedicate land equivalent
in acreage to that amount of parkland required for the number
of units proposed for the build -out of the concept plan. The
subdivider may request approval of a development agreement
with the City to dedicate land to the City which may be
exchanged by the City in the future for more desirable
parkland interior to the subdivision within a defined period of
time, not to exceed five (5) years. Land dedicated in this
manner shall not be used or characterized as parkland until
the expiration of the development agreement, in order to
facilitate the exchange of the land for the proposed parkland
in the future, but will be held by the City in lieu of the
proposed future parkland.
B. Land Not Adjacent to First Record Final Plat
If the proposed parkland for the residential subdivision is not
immediately adjacent to the boundary of the first record final
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plat for the development, the subdivider may dedicate the
parkland by record final plat provided that fiscal surety is
provided to the City in accordance with this ordinance for the
subdivision improvements required to provide paved street
access and utilities to the parkland.
42030 Fee Payment In -lieu of Park Land Dedication
When the amount of land required by Section 42020 is less than
three (3) acres the Council may require the subdivider to pay a fee -
in -lieu of park land dedication. Where the payment of a fee -in -lieu of
park land dedication is required or acceptable to the Council as
provided for in this ordinance, such fee shall be in an amount equal
to two hundred fifty dollars ($250) per new dwelling unit projected to
occupy the fully developed subdivision except that where structures
each containing more than four (4) dwelling units are projected to be
developed the fee shall be in an amount equal to the greater of nine
hundred dollars ($900) or two hundred dollars ($200) per dwelling
unit. Subdivisions in which dwelling units were built after February
14, 1988 on an illegal lot shall also pay a fee -in -lieu for the existing
units. The subdivider shall tender and pay over to the City said fee
prior to recordation of the record final plat.
42070 Design Standards for Park Land
Any land to be dedicated to meet the requirements of these
regulations shall be reasonably located and adaptable for use as a
public park and recreation facility as defined by the Century Plan.
The Commission shall make recommendations to the Council
concerning the suitability of proposed park land. The shape of the
parcel or tract of land to be dedicated should be appropriate for
public parks and recreation purposes. All such park land shall be
designed and located so as to satisfy the following general
requirements:
A. The dedicated land should form a single parcel or tract of land
at least three (3) acres in size, unless it is determined that a
smaller tract would be in the public interest, or that additional
contiguous land will be reasonably available for dedication to
or purchase by the City.
B. Public access to public park land delineated on a preliminary
plat shall be ensured by provision of at least two hundred feet
(200') of street frontage, in a manner satisfactory to the City,
preferably a 200' x 200' corner site at the intersection of two
internal subdivision streets. At the time the land abutting the
delineated areas is developed, the subdivider of such abutting
land shall furnish and pay for paving all abutting street
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frontage and shall provide water and sewer access to the
boundary of one (1) side of the delineated area to meet
minimum requirements of these regulations.
C. The land to be dedicated to meet the requirements of these
regulations should be suitable for public parks and recreation
activities, specifically:
1. Grade/Slope Requirements: fifty percent (50%) of the
dedicated land area should not exceed five percent (5%)
grade);
2. Utilities Required: Minimum of 2 inch water service and 6"
sewer service lines located along at least one property line
of the dedicated land;
3. Permanent Property Boundary Markers Required: Above-
ground, grade -level survey markers are required to be
permanently installed on all property lines of the dedicated
land, according to standards established by the City of
Georgetown.
D. Any disturbed park land shall be restored and the soil
stabilized by vegetative cover by the developer.
E. Areas within the one hundred (100) year flood plain may be
dedicated in partial fulfillment of the dedication requirement
when the development is adjacent to one of the three forks of
the San Gabriel River. Said dedication shall include the entire
one hundred (100) year flood plain, or a two hundred (200)
foot strip measured from the center line of the river, whichever
is greater.
The following standards shall also apply to the consideration
of park land dedication within the one hundred (100) year
flood plain.
1. Areas in the one hundred (100) year flood plain not
located adjacent to one of the three (3) forks of the
San Gabriel River, may constitute up to fifty percent
(50%) of the requirement of land dedication provided
that adjoining land within the twenty-five (25) year flood
plain is also dedicated, but that such land in the
twenty-five (25) year flood plain shall not be credited
towards the requirements of land dedication or
payment of fees.
2. Non-residential development, although not required to
dedicate park land, shall be given incentives to
encourage the dedication of land within the one
hundred (100) year flood plain when located adjacent
to one of the three forks of the San Gabriel River.
Such incentives shall include, but not be limited to,
credit for development intensities that could have
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occurred in the dedicated portion of the development
to other areas within the same development. Said
incentives shall be approved by the Commission and
Council.
3. That such area shall meet any additional standards
specified in the park land design standards pertaining
to the dedication of the one hundred (100) year flood
plain.
F. The Parks and Recreation Board shall make
recommendations based upon the park land design standards
and the provisions contained herein, to the Planning
Department concerning the amount and location of park land,
credit for land in the one hundred (100) year flood plain, and
fees -in -lieu of park land dedication.
42090 Park Fund Established
A. A separate fund to be deposited at the highest interest rate
permitted by law to be entitled "Park Fund" shall be and is hereby
created and the money paid by owners, subdividers, and applicants
at final approval of subdivision plats in -lieu of the dedication of land
and interest thereon, shall be held in said fund in trust to be used
solely and exclusively for the purpose of purchasing and/or
equipping public park and recreational land in the primary and
secondary zones as established by Section 42090 C. which apply
to the subdivision.
B. At such time as the City Council, based upon the recommendations
of the Parks and Recreation Board, determines that there are
sufficient funds derived from a certain area in the Park Fund to
purchase usable park land, the Council shall cause negotiations to
be undertaken to purchase the site by mutual agreement or by
condemnation proceedings. In making such determination for the
purchase of said site, the conditions of Section 42070 above shall be
taken into consideration. The principal and interest deposited and
kept in the Park Fund shall be used solely for the purpose of
purchasing and/or equipping land for public park and recreation
uses, and shall never be used for maintaining or operating public
park facilities, or for any other purpose. All expenditures from the
Park Fund shall be based on recommendations by the Director of
Parks and Recreation and the Parks and Recreation Board and
approved by the City Council. Any funds paid in -lieu of the park land
dedication requirements must be expended by the City within five (5)
years from the date received. If not so expended, the owners of the
property on the last day of such period shall be entitled to a pro rata
refund, computed on a square footage of area basis. The owners of
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such property must request such refund within one (1) year of the
entitlement, in writing, or such right shall be waived. Said refunds
shall be paid within sixty (60) days of the filing of the request with the
City Secretary.
C. Park dedication zones are illustrated in Figure 42090 C. The zone
in which a subdivision is located is the primary zone. Each primary
zone has adjacent secondary zones, which are identified in Table
42090 C. The first priority for expenditure of funds is within the
primary zone, although these funds may be spent in the secondary
zones with the City Council's authorization. The primary zone for a
subdivision located within more than one (1) zone shall be each
zone that the subdivision is located within. An owner, subdivider,
or applicant for a subdivision may authorize the expenditure of the
park dedication fees for that subdivision in zones other than those
defined as primary or secondary with the recommendation of the
Board and the approval of the Council. All Park Fund money
collected prior to the adoption of this section shall be expended
according to these requirements. Review of the park dedication
zones shall be conducted during each review of the Subdivision
Regulations,
Table 42090 C.
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42100 Method of Dedicating Park Land
Land accepted for dedication under the requirements of these regulations
shall be conveyed by warranty deed transferring the property in fee simple
to the City of Georgetown, Texas, and must be free and clear of any
mortgages or liens at the time of such conveyance.
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Figure 42090C - Park Dedication Zones
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Subdivision Regulations / Parkland Dedication
Ord. No.
Page 9 of 10
SECTION 3. All ordinances and resolutions, or parts of ordinances and
resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any
force and effect.
SECTION 4. If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable.
SECTION 5, The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This Ordinance shall become effective and be in full force and effect
ten (10) days on and after publication in accordance with the provisions of the Charter of
the City of Georgetown.
PASSED AND APPROVED on First Reading on the day of March, 2001.
PASSED AND APPROVED on Second Reading on the 6/ day of April, 2001,
ATTEST:
Sandra D. Lee, City
APPROVED AS TO FORM:
11
Marianne Landers Banks, City Attorney
15rfflr9M=F mr-715R =a- M71
Ord. No. a2dw/n
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THE CITY OF GEORGETOWN
By: