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Home My WebLink AboutO-1102-4-92ORDINANCE NO. 1102-4-92 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING REQUIREMENTS FOR PARKLAND DEDICATION; PROVIDING FOR NECESSARY PLANNING FOR OPEN SPACE RESERVATION AND PARK DEVELOPMENT; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has been determined by the Supreme Court of Texas that dedication of parkland does bear a substantial relation to the health, safety, or general welfare of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, 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 Allen. 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 the only adequate procedure to provide for same is by integrating such a rCequirement into the procedure for planning and developing property or subdivisions in the ty. b) Neighborhood parks primarily ranging in size from 5-15 acres 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 areas established by the Parks and Recreation Department and shown on the official Parks and Recreation map for the City of Allen 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 Requirements. The following provisions are applicable to all single-family, dual -family and multi -family development. a) When a final plat is filed of record with the County Clerk of Collin County for development of a residential area in accordance with the subdivision ordinances of the City, such plan shall contain dedication of an area of land to the City for park purposes, which area shall equal one acre per 145 single-family, dual -family and/or multi -family 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. b) The City Council declares that development of an area smaller than one acre for public park purposes is impractical. Therefore, if fewer than 145 residential 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 4(b), rather than to dedicate any land area. No plat showing a dedication of less than one acre shall be approved. C) 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, and to require payment of cash in lieu of land in the amount provided by Section 4(b), 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. d) The dedication required by this ordinance shall be made by 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 amount provided by Section 4(b). SECTION 3: Prior Dedication; Absence of Prior Dedication. a) Credit shall be given for land and/or money dedicated pursuant to the adoption of this ordinance. b) If a dedication requirement arose prior to the passage of this ordinance, that dedication requirement shall be controlled by the ordinance in effect at the time such obligation arose, except that additional dedication shall be required if the actual density of structures constructed upon the property is greater than the former assumed density. Additional dedication shall be required only for the increase in density and shall be based upon the ratio set forth in Section 2 of this ordinance. C) At the discretion of the City, any former gift of land to the City may be credited on a per -acre basis toward eventual land dedication requirements imposed on the donor of such lands. d) Open space required under PD Zoning may be used to fulfill the requirements of this ordinance, if said open space is dedicated to the City of Allen and meets all other requirements for parkland dedication. Any open space above the parkland requirement will not be subject to mandatory dedication. SECTION 4: Money in lieu of land. a) If approved by the City, 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. b) The dedication requirements shall be met by a payment in lieu of land at a per -acre price set and kept current 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 $130.00 per single-family unit and $110.00 per multi -family unit. c) Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development. A zone shall be defined as the Community Park District A, B, C or D according to map 3 in the City of Allen Land Acquisition Policy. SECTION 5: Comprehensive Plan Considerations. Land reflected in the Park and Open Space Plan 'NP' denotes the need of a neighborhood park within that district. The City will determine the park location based on land suitability. Size of the park shall be determined by the expected population of the Planning District at a rate of 2.0 acres per 1,000 persons. SECTION 6: Special Fund, Right to Refund. a) 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 funds shall be known as the Park Land Dedication Fund. Deposits shall be documented and placed in an interest-bearing account. Ordinance No. 1102-4-92 Page 2 b) 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 10 years from the date received by the City for acquisition or 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 pro -rata 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 7: Additional Requirements, Definitions. a) 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 way. 2) Any areas of unusual topography or slope which renders same unusable for organized recreational activities. b) Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City Engineering Standards, and no significant area of the park is cut off from access by such channel. C) Each park must have ready access to a public street(s) d) If any provision of this ordinance or the application thereof to any person or circumstance 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. e) This ordinance shall become effective upon adoption by the City Council. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TERAS, ON THE 16thDAY OF APRIL , 1992. s. ' APPROVED: W Farmer, MAYOR APPROVED 'AS TO FORM: ATTEST: A. Don Crowder, CITY ATTORNEY J y Mor n, CITMEC�RET=A�RY�� Ordinance No. 1102-4-92 page 3 L FORMULA FOR ESTABLISHING PARK DEDICATION FEES AND LAND REQUIREMENTS LAND REQUIREMENTS 11,031 projected residential dwelling acres : 26 districts = 424.26 average acres per district x 3.2 average units per acre = 1,357.66 units per district = 12.5 acres neighborhood parks (ideal size) = 108.64 residential units required for a 1 acre parkland dedication = 75% developer responsibility = 144.85 (145) units built for every one acre required dedication FEE REQUIREMENTS Average cost per acre = $18,000 x 12.5 acre park per district = $225,000 x 75% developer cost per district = $168,750 = 1357 units per district = $124.35 ($125) dedication amount per unit 3/4 units to be single family 1/4 units to be multi family Fee should be set at $130 per single family unit and $110 per multi family unit y✓ j AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance 1102-4-92 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday April 22�_122�_ ljay April 26, 1992 and which was issued on April 2 2, 1992 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. n-ul— C SUBSCRIBED AND SWORN to before me this day of �J�� ;A.D. 19—n A V.A. TODD /l •MY COMMISSION EXPIRES �99f-- �! . Dee mbar 5,199f - -- - F PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 15 . 7 6 _ CITY OF ALLEN PUBLIC NOTICE Ordinance Nd. 11024-92: An Ordinance of the City of Allen, Collin County,Texas, Providing Requirements for Parkland De- dication; to Provide for Necessary Plan- ning for Open Space Preservation f and Park Development; Containing a Savings Clause; and Providing an Effective Date. A copy of this ordinance, may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/Judy Morrison -City Secretary CITY OF ALLEN PUBLIC NOTICE Ordinance No. 1102-4-92: An Ordinance of the City of Allen, Collin County, Texas, Providing Requirements for Parkland De- dication; to Provide for Necessary Plan- ning for Open Space Preservation and Park Development; Containing a Savings Clause; and Providing an Effective Date. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/Judy Morrison City Secretary