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HomeMy WebLinkAboutORD 2001-26 - Parkland DedicationORDINANCE NO. • r. 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 trid. No. Page of 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 • • No.01 1 Page of 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 Subdivision Regulations / Parkland Dedication Ord. No. Page 3 of 10 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 771MITM M# Page 4 of 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 IVISIorl 01rd. No. 44001W Page of 1 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 Page 6 of 1 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. rimar =Zones; y •• s ��• • ' Secondary: one i 1 • , 1 HL MR • Page of 1 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. MI .. + - ..-. age 8 of 10 Figure 42090C - Park Dedication Zones e7V 1 1s /f BRANGUS It LU OP I T r v a WAY PG S1tJG Gowen x. C Om i J � L •��: fn •'Jt S.w o.pvaa ��.Q • , Fhb :,• 1 :✓ E• J 2 • vv.! i +" OOZY N1'.1 M4 i. 1 i m i 5�,2 cnu.cn�� ew �a n cvv.v It 4 E71 l 9bP i O v.+.v g i S r Ji' t Jr N JJ J. 15� C¢ � ESQ Imem 0 8000 16000 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 Page 10 of 1 THE CITY OF GEORGETOWN By: