HomeMy WebLinkAboutOrdinance No. 99-15 � . � � . r.,a. 1 ,
ORDINANCE NO. �9-15
AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS,
ORDINANCE NO. 85-19, AS AMENDED, ORIGINALLY ADOPTED
THE 25TH DAY OF SEPTEMBER, 1985, BEING APPENDIX B OF
THE FRIENDSWOOD CITY CODE, AND BEING AN ORDINANCE
PROVIDING RULES AND REGULATIONS GOVERIVING PLATS
AND THE SUBDIVISION OF LAND WITHIN THE CITY, BY
ADDING SECTION III g, PARK LAND DEDICATION, TO LAY OUT
REQUIREMENTS FOR THE DEDICATION OF PARK AND
RECREATIONAL AREAS, PROVIDING FOR CREDIT FOR PRIVATE
FACILITIES, PROVIDING FOR DONATION OF FEES IN LIEU OF
LAND, PROVIDING FOR A PENALTY 1N AN AMOUNT OF NOT
LESS THAN $2,000.00 FOR EACH DAY OF VIOLATION HEREOF;
AND PROVIDING FOR SEVERABILITY.
* * * * *
WHEREAS, this Ordinance is adopted to provide recreational areas in the form of
neighborhood parks and community parks as a function of subdivision development within
the City of Friendswood, Texas (the "City"). This Ordinance is enacted in accordance
with the home rule powers of the City of Friendswood, granted under the Texas
Constitution and the statutes of the State of Texas, including, but not by way of limitation,
Texas Local Government Code Chapters 211 and 212; and
WHEREAS, it is hereby declared by the City Council that recreational areas in the
form of neighborhood parks and community 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 subdivisions in the
City, whether such development consists of new construction on vacant land or re-platting
of e�sting residential property; and
WHEREAS, neighborhood parks and community parks are those parks providing
for a variety of outdoor recreational opportunities and within convenient distances from a
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. . , ...,,
majority of the residences to be served thereby. The Neighborhood and Community Park
Areas established by the Parks and Recreation Board and shown in the City of
Friendswood Parks and Open Space Master Plan 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 and community parks should be borne ultimately
by the residential property owners who, by reason of the proximity of their property to
such parks, or the increased need for such facilities, sha11 be the primary beneficiaries of
such facilities.
NOW, TF�REFORE, be it ordained by the City Council of the City of
Friendswood, State of Texas:
Section 1. The facts and matters set forth in the preamble of this Ordinance
are hereby found to be true and correct.
Section 2. There is hereby added a new Section III.g., Parkland Dedication, to
Appendix B, Subdivisions, of the City of Friendswood Code of Ordinances, to provide as
follows:
(�l Parkland Dedication
�1) Purpose.
A. This Section provides recreational areas in the form of neighborhood and
community parks as a function of subdivision development in the City of
Friendswood, Texas. This section is enacted in accordance with the home
rule powers of the City of Friendswood under the Texas Constitution, and
the statutes of the State of Texas, including, but not by way of limitation,
Texas Local Government Code Chapter 212.
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B. Park Areas shall be recommended by the Parks and Recreation Boaxd and
shall be shown on an official paxks and recreation map for the City of
Friendswood, which shall be adopted by the city council, and which shall
be prima facie proof that any Neighborhood Park located therein is within a
convenient distance from any residence located within that Park Area.
Proposed parks and recreational areas will be established by review with
the developer and city staff at the earliest possible stage of development
planning, and a proposed subdivision or development shall be reviewed in
its entirety and not by sections or phases.
C. The primary cost of neighborhood parks and community parks should be
borne ultimately by residential property owners who, by reason of the
proximity of their property to such parks, shall be the primary beneficiaries
of such facilities. Neighborhood parks are those parks providing for a
variety of outdoor recreational opportunities, including but not limited to
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1'YitT2� playgrounds, hike and bike trails, practice backstops, multi-
purpose courts, picnic shelters, and which are located within convenient
distances from a majority of the residences to be served thereby.
Community parks are those parks that provide for laxge scale activities
such as tournaments or league play and other activities and that are located
and designed to serve several neighborhoods. New residents will increase
the demands for such facilities proportionally, and new growth should bear
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their shaxe of the costs of those facilities. Therefore, the following
requirements are adopted to effect the purposes herein stated.
D. City Council hereby finds and declaxes that, in accordance with City of
Friendswood Parks and Open Space Master Plan, neighborhood parks are
for the use of people in the neighborhood being served. They are not to be
used for citywide activities such as organized area league sports play.
From time to time special needs may arise that make it necessary or
desirable to use a neighborhood park for broader purposes than intended.
City-wide events are generally prohibited at neighborhood parks unless
approval is granted by the City Council upon an affirmative
recommendation from the Parks and Recreation Board.
Section 3. General Requirements. Residentiallv Zoned Land, to be used for
Sin�le-Familv, Town Homes, Garden Homes, and/or Multi-family Residential Purposes.
A. Whenever a final plat is filed of record with the County Clerk of Galveston
County or Harris County for development of a residential area in
accordance with the platting and zoning regulations of the City, such plat
shall contain a clear fee simple dedication to the City of an area of land for
park purposes, which area shall be equal to one (1) acre for each one
hundred thirty-three (133) proposed dwellings, based on the proposed
subdivision or development in its entirety and not by sections or phases.
Any proposed plat submitted to the City for approval shall show the
parkland proposed to be dedicated under this Subsection. The dedication
required by this section may be met by a payment of money in lieu of land
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when permitted or required by the other provisions of this Subsection. The
dedication required by this section must be located within the same
Neighborhood �-Area as shown on the City of Friendswood Paxks and
Open Space Master Plan, or be located at the site for an identified
community park.
B. The City Council declares that development of an area smaller than five (5)
acres for the purpose of neighborhood or community parks is impractical.
Therefore, if fewer than six hundred fifty-five (655) dwellings are proposed
by a plat filed for approval, the developer shall be required to pay the
applicable cash in lieu of land amounts provided by Subsection 5 hereof,
rather than to dedicate any land area. In most instances, no plat showing a
dedication to the City of less than five (5) acres shall be approved;
provided however, that the City may accept smaller parcels where such
proposed dedication is in the best interests of the city, such as when a
smaller parcel is adjacent to an existing park or future park site.
C. Developers should evaluate their proposed development and proposed
dedication with city staff to assure that as soon in the development process
as possible the land dedicated is usable for neighborhood or community
parks purposes.
D. A dedication required by this Section shall be made in accordance with
Subsection 4A, below. If the actual number of completed dwelling units
exceeds the figure upon which the original dedication was based, an
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additional dedication shall be required, and shall be made by payment of the
cash in lieu of land amount provided by Subsection 5 hereof.
Section 4. Timing of Dedication or Payment of Fees in Lieu of Land
A. Parkland shall be dedicated to the City at the time of filing of the final plat
of the first phase and section, if a phased development��e-C�t�a�
The dedication shall be made contemporaneously by
separate instrument and must be accepted by the City Council prior to
the filing of the final plat. Lack of acceptance of such dedication shall
preclude the filing of the final plat and shall not relieve the subdivider
of complying with the requirements of this Section. ��ex,�r
, ,
,
. Where a dedication of parkland for the entirety of a
phased development is proposed, the parkland shall be
shown on the plat, if included within the first phase, and dedicated by
separate instrument, or dedicated by separate instrument if located
outside of the first phase of development, at the time of filing the final plat
for the first section of such phased development.
B. Payment of fees in lieu of land shall be done at the time of filing of the final
plat. Where payment of fees in lieu of land for the entirety of a phased
development is planned, such payment may be made in full for all phases of
the proposed development at the time of filing of the plat for the first
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phase, or payment of fees in lieu of land for each section of a phased
development may be made at the time of filing of the final plat for each
phase or section, at the discretion of the developer.
Section 5. Fees in Lieu of Land.
A. Any land owner responsible for dedication under this Section shall review
their proposed development with city staff, including the Planning and
Zoning Commission and Parks and Recreation Board on recommendation
of staff, prior to or simultaneously with making any formal application to
the City, for the purpose of evaluating compliance with this Section. If no
agreement is reached between the developer and city staff, then within 14
days from receipt of a written request by the developer, city staff shall
submit the issue to the Parks and Recreation Board. If the Parks and
Recreation Board can reach an agreement with the developer, that
recommendation shall be final, subject to the acceptance of such
dedication by City Council as described in Subsection 4. If the Parks
and Recreation Board cannot reach an agreement with the developer, the
Planning and Zoning Commissions shall hear the issue at their next
meeting, and shall make the final decision. This decision is final unless
there is a substantial change in conditions. Generally, the landowner will
have the option to dedicate land or pay fees in lieu thereof. However, the
City expressly reserves the right to require dedication of land rather than
accept fees, for example, in situations where the proposed development
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includes land identified for a future park, or where the proposed
development is adjacent to an existing park.
B. As provided above, any land owner responsible for dedication under this
Section may elect to meet the requirements of Subsections 3 or 4 hereof in
whole or in part by a cash payment in lieu of land, in the amount set forth
in Subsection D hereof. Such payment in lieu of land shall be made at or
prior to the time of final plat approval as described in Subsection 4B of this
Section.
C. The City may from time to time decide to purchase land for parks in or
near the area of actual or potential development or for community parks to
serve such actual or potential development. If the City does purchase park
land in a Park Area, subsequent park land dedications for that Area may be
in cash or by dedication of land, provided the dedicated parcel is adjacent
to or part of an e�sting or future park site. If fees in lieu of land axe paid,
such fees shall be 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 the average price per acre of such land, and the
actual cost of adjacent streets and on-site utilities, or an estimate of such
costs provided by the City Engineer. Once the City has been reimbursed
entirely for all such park land within a Park Area, this Subsection C shall
cease to apply and the other paragraphs of this Subsection 5 shall again be
applicable.
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D. A per-acre price shall be set from time to time by the City Council, in
amounts sufficient to acquire land and provide for adjacent streets and
utilities for a neighborhood or community park to serve the park Area in
which such development is located. Cash payments may be used only for
acquisition or improvement of a neighborhood paxk located within the
same neighborhood park Area as the development, or for acquisition or
improvement of a community park located within the same community
park Area as the development. However, it is hereby provided that all fees
may be applied to any type of park site if all needs for the other type of
paxk facility have been met.
Section 6. Parks Plan and Comprehensive Plan Considerations. Land shown
in the adopted Parks and Open Space Master Plan, Comprehensive Plan, or other Section,
as being suitable for development by the City for a major recreational center, park, school
site, or other public use, shall be reserved for a period of s+�� two (2) years after the
preliminary plat is approved by the City if within two (2) months after such approval the
City Council advises the subdivider of its desire to acquire the land or of the interest of
another governmental unit to acquire the land, for purchase by the interested governmental
authority at the appraised value at the time of purchase. The City will notify the
appropriate governmental entity of the lands availability, if the City is not the purchasing
entity. A failure� ' 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.
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Section 7. Park Land Dedication Fund
A. There is hereby established a special fund for the deposit of all sums paid in
lieu of land dedication under this Section or any preceding ordinance,
which fund shall be known as the "Park Land Dedication Fund." Funds
shall only be released from the Park Land Dedication Fund upon City
Council approval of a plan to utilize the funds to build or enhance a park
within the paxk Area from which the funds originated.
B. The City shall account for all sums paid in lieu of land dedication under this
Section with reference to the individual plats involved. Any funds paid for
such purpose must be expended by the City within seven (7) years after the
filing of the final plat, or the filing of the final plat of each phase or section
of the contributing subdivision, if a phased development. If all the funds
cannot be committed within the initial seven (7) year time period, the
Director of Community Services may request a time extension for a period
not to exceed an additional seven (7) years for the expenditure of the
funds from the Planning and Zoning Commission. The extension request(s)
shall be submitted in writing to the Director of Community Development
sixty (60) days prior to the expiration period for the funds to be committed
by the City, and shall include a detailed justification for the extension
request(s). If not so expended, the owners of the property on the first day
of such seven year 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 (1) year of entitlement. Such request
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must be made in writing to the City Manager or his designee or such right
shall be barred.
C. Where funds or a dedication for a phased development have been made for
the entire development at one time, and the original developer does not
complete all phases of the entire development, credit for such prior
dedication or payment shall be applied to subsequent plats for the same
land on a pro-rata basis. Increased density will require the dedication of
additional parkland or payment of additional fees.
Section 8. Additional Requirements.
A. Any land dedicated to the City under this Section must be suitable for park
and recreation uses. The following characteristics of a proposed axea are
preferred wherever possible:
1. The City reserves the right to decline any dedication of proposed
parkland if it is determined to be in the best interests of the City.
2. Neighborhood park sites should be located in a manner that serves
the greatest number of users in the relevant neighborhood Area.
3. Neighborhood park and community park sites should preferably be
located so that users are not required to cross arterial roadways to
access them.
4. Sites should be located adjacent to schools, where possible, in order
to encourage both shared facilities and the potential co-
development of new sites.
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5. Sites should be located adjacent to a greenbelt system, where
possible, so that connections to a trail network may be easily
achieved.
6. Sites should not have unusual topography which would render the
land unusable for organized recreational activities where these
activities are necessary to the type of park.
7. Sites should have and retain e�sting trees or other scenic elements.
8. Land subject to an easement or a right-of-way shall comprise no
more than 25 percent of the total land dedicated under the
provisions of this Section. In addition, any land that is subject to an
easement or a right-of-way and which is dedicated under this
Section must be contiguous with the other area dedicated to the
City and must conform with all other requirements of this Section.
9. All offers of dedication must be accompanied by a phase one
environmental study verifying the absence of conditions which
would inhibit or prohibit its future use and development as park
facilities.
B. Parks should be easy to access and be open to public view so as to benefit
area development, enhance the visual character of the City, protect public
safety and minimize conflict with adjacent land uses. The following
guidelines should be used in designing parks and adjacent development:
1. Where physically feasible, parks should be bounded by streets, or
by other public uses (e.g. school, library, recreation center).
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2. A proposed subdivision adjacent to a park may not be designed to
restrict reasonable access to the park from other area subdivisions.
Street or pedestrian connections to e�sting and future adjoining
subdivisions may be required to provide reasonable access to parks.
3. Where a non-residential use directly abuts a park, the city may
require the developer to construct, at his expense, � screening �
^~� of a minimum height of eight feet (8'). The �e�e�
screened area must be landscaped on the park side. Access points
from the non-residential use to the park may be permitted.
4. Alleys may abut a park, where otherwise allowed by ordinance, but
they should not be designed to encourage motorized traffic to the
paxk.
5. Streets abutting a park shall be built in accordance with the
thoroughfare plan and the standards of this Section; however, the
City may require any residential street built adjacent to a park to be
constructed to collector width to ensure access and prevent traffic
congestion, subject to a proportionality review of the impacts
generated by the subdivision(s). Provided further, that the City may
enter into a development agreement with the subdivider to share the
costs of street construction for abutting streets.
6. Wildlife, existing trees and shrubs on the site shall be preserved to
the greatest e�rtent practicable.
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C. When park land is acquired, the City shall reserve sufficient land to provide
a minimum of 50% of the total street width where a street is required to
abut a paxk.
D. In all cases, the City shall review and may require modification of the
proposed street alignment fronting on city parks and recreation areas.
Developers should also provide, where possible, street or pedestrian access
to all creeks or drainage ways which are maintained by a homeowner
association or dedicated as a drainage and floodway easement to the City
or the applicable drainage district.
E. Drainage areas may be accepted as part of a park if the drainage facilities
are constructed in accordance with City Engineering standards, and if no
significant area of the park is cut off from access by such drainage facilities.
Where the City has designated a floodplain as part of the City Park system,
the park design shall provide public access for all areas of the park.
F. Any park land proposal considered by the Planning and Zoning
Commission under this Subsection shall have been reviewed by the
Director of Community Services and his recommendation given to the
Commission. The Commission may make a decision contrary to such
recommendation by a simple majority vote.
Section 9. Partial Credit for Private Park Land. Private Recreation Facilities,
or Open Space. The Planning and Zoning Commission, upon an affirmative
recommendation of the Director of Community Services, shall reduce the amount of park
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land to be deeded to the City or reduce the fees in lieu of park land to be paid to the City
as provided below.
A. A reduction from the initial park land dedication requirement may be
made where park land within the same park Area as the subdivision which
generates the required conveyance is dedicated for a private park. For
purposes of this Subsection, the private park land dedication shall meet the
following minimum requirements:
1. The park area will be leveled and seeded as by the subdivider to
produce green space. The City will determine if the park land can
be left in its natural state.
2. The park area will be located within the subdivision generating the
park land requirements, and
3. Restrictive covenants shall be filed of record in the appropriate
county providing for the creation and operation of a homeowner
association to maintain and improve such private park area, or, in
the case of such private park area within a multi-family
development, such as an apartment complex, provide for
maintenance and improvement by the owners of the multi-family
development.
B. A reduction from the initial park land dedication requirement may be
made for recreational improvements made to private park land within the
same park Area as the subdivision which generates the required
conveyance. Such recreational improvements to park land may include, but
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are not limited to, the following: children's play apparatus, landscaped
areas, picnic areas, game court areas, play fields, swimming pools, and
recreation center buildings and facilities. All improvements shall meet the
same applicable regulations or codes as for like improvements on public
property.
C. A reduction from the initial park land dedication requirement may be
madefor common open space, whether public or private, within the
subdivision which generates the required conveyance. Such open space
may be in the form of greenbelts along creek beds, or around the perimeter
of the subdivision, and may include improvements such as hike and bike
trails. In no case shall credit be given under this Subsection for landscaped
or seeded medians. A further reduction may be given where the common
open space is linked with undeveloped or developed park land or other
recreational facilities.
D. In order to receive the credits under Subsection A, B, or C, above, the
subdivider shall provide documentation to the Director of Community
Services at the time of final plat filing sufficient to establish the validity of
the estimated costs that will be used to determine the reduction under this
Subsection. The Director of Community Services shall evaluate the
documentation submitted and shall approve the value prior to any
reduction being given under this Subsection. Credits axe cumulative, but in
no case shall credits given under this Subsection exceed 50%of the total
dedication of land or fees required under this ordinance. In cases where
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the estimated costs of the improvements are disputed, the value shall be as
finally determined by the Director of the Community Services. If no
agreement is reached between the developer and city staff, then within 14
days from receipt of written request by the developer, city staff shall submit
the issue to the Parks and Recreation Board. If the Parks and Recreation
Board can reach an agreement with the developer that recommendation
shall be final. If the Parks and Recreation Board cannot reach an
agreement with the developer, the Planning and Zoning Commissions shall
hear the issue at their next meeting, and shall make the final decision. This
decision is final unless there is a substantial change in conditions.
E. A credit may be given of up to 100% of the total dedication of land or fees
required under this ordinance where the developer makes improvements to
public parks, as described under subsection B, above.
Section 10. Minimum Park Improvement Standards. Prior to acceptance by
the City and prior to the filing of the final subdivision plat, any park land dedicated to the
City, or developed as a private park for credit against park land dedication under this
Section, sha11 meet the following minimum standards:
A. The public park area will be leveled and seeded (as deemed necessary by
the City) by the subdivider to produce green space prior to the completion
of the first phase of the development of the subdivision, if the development
is being executed in phases. E�sting trees and shrubs on the site shall be
preserved to the greatest e}rtent practicable. The subdivider will be
responsible for the maintenance of the public park area for a minimum of
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one year after the completion of the subdivision (or the completion of the
final phase or section of the subdivision), at which time the City will
assume maintenance responsibilities in the park. The subdivider is also
responsible for notifying each homeowner in the subdivision of the
existence of any private park area and its conditions of ownership.
B. Any improvements provided by the developer to park land shall comply
with applicable regulations and codes set forth for such improvements.
Section 11. Penaltv Any person who shall violate any provision of this
Section shall be deemed guilty of a misdemeanor and, upon conviction, sha11 be fined in an
amount not to exceed$2,000. Each day of violation shall constitute a sepazate offense.
Section 12. Severabilitv. In the event any clause phrase, provision, sentence,
or part of this Section or the application of the same to any person or circumstances shall
for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Section as a whole or any part or
provision hereof other than the part declared to be invalid or unconstitutional; and the City
Council of the City of Friendswood, Texas, declares that it would have passed each and
every part of the same notwithstanding the omission of any such part thus declared to be
invalid or unconstitutional, whether there be one or more parts.
PASSED AND APPROVED on first reading this 17thday of May
1999.
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PASSED, APPROVED, and ADOPTED on second and final reading this �th
day of June , 1999.
Harold L. Whitaker
Mayor
ATTEST:
C
, �
Deloris McKenzie, T
City Secretary
MOTION: Counc 'ilmember Jerry Fricsson
2ND: Councilmember Mel lyIeaseles
APPROVED: 5-2
OPPOSED: Councilmembers Kim W. Brizendine
and Larry Taylor
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