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Ord. 0741-01 12-13-99ORDINANCE NO. 741-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD A NEW SECTION 27-11 TO BE ENTITLED, PARKLAND DEDICATION, FOR THE PURPOSE OF ESTABLISHING GUIDELINES FOR THE DEDICATION OF PARKLAND BY RESIDENTIAL SUBDIVIDERS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the availability of parks and other recreational facilities is crucial to maintaining Pearland's high quality of life; and WHEREAS, as more residential subdivisions are built, it is important to establish new parks so that existing facilities are not overcrowded; and WHEREAS, residential subdividers should share the burden of providing new park and recreation facilities, which increase the property value of new subdivisions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 27, Subdivisions, of the City of Pearland Code of Ordinances, is hereby amended to ADD a new Section 27-11, to read as follows: "Section 27-11. Parkland Dedication. The dedication of public parkland or private recreational facilities shall comply with the following parkland dedication requirements and the park master plan of the City's comprehensive plan: A. In view of the fact that land, when subdivided, increases in value to the owner and that residential subdividing increases the burden on the city's park and recreation facilities, the city shall require residential subdividers to offset some of this additional burden by dedicating suitable sites for park and recreation purposes or to make a cash deposit to the city in lieu thereof. 1 ORDINANCE NO. 741-1 B. The method of assuring that adequate and suitable areas for park and recreation sites are set aside shall be guided by the comprehensive master plan and shall be governed by the following standards and regulations: 1. The subdivider or developer shall dedicate a site or sites for park and recreation purposes at the time that the plat is recorded at a location(s) recommended by the developer and approved by the Parks and Recreation Director after consultations with the Parks, Recreation, and Beautification Board members, at a ratio of one acre of park for every one -hundred (100) dwelling units. The Planning and Zoning Commission shall have final approval of the site(s) selected. The following definitions and conditions shall apply if there is a site dedication for park purposes: a. The area of the park or recreation site to be dedicated shall be appropriate in area, shape and terrain for the uses intended for it in the park's plan. Areas where pipeline easements exist shall not be considered a part of a proposed park dedication. Where streets, ditches, easements (other than pipeline), or detention ponds infringe on or are part of the area to be dedicated, the Planning and Zoning Commission must agree to the acceptance of those areas. Any infringements that make the area unsuitable for parks and recreation uses shall not be considered as part of the required park dedication acreage. b. When a subdivision or complex is to be developed in stages or units and the required park site is to be provided in future stages or units, a binding agreement concerning the size, improvements and tentative location of the park site(s) must be delivered with the final plat of the first stage or unit. The provisions of this ordinance shall not apply to subdivisions for which the City Council has previously adopted a planned unit development. c. The foregoing subsections shall not apply in the case of a replat of a plat, subdivision or addition that has previously met facility requirements, or the resubdividing or existing single lots, unless the replatting results in an increase in facility requirements. d. Each park and recreation site shall, upon completion of all construction of surrounding facilities, have ready access to a public street. e. Park and recreation facilities in the city shall be dedicated to the city. Park and recreation facilities in the city's police jurisdiction shall be dedicated to the city. If the city does not wish to accept the dedication 2 ORDINANCE NO. 741-1 of public parkland in its extraterritorial jurisdiction, it shall be dedicated to the county, municipal utility district, or a homeowners' association (as defined) and subject to acceptance by such entity. 2. The city may elect to accept a fee as an alternative to the dedication of part, or all, of the park land under any of the following conditions: a. Where the subdivision is too small to dedicate park sites sufficiently large enough to be economically operated. b. If an adequately sized community park already exists in the area. At the time of submission of the final plat for Planning and Zoning Commission approval, the transmittal letter must be accompanied by the appropriate fee (attached as Exhibit "A") or a statement that the appropriate Park Land Dedication is included in the plat. The fee in lieu of park dedication shall be set by the city council and shall be reviewed every two years, or as the market value warrants. Fees collected in accordance with this ordinance shall be deposited in the park and recreation development fund for the purchase of additional park land or the development of parks or recreation facilities. 3. Improvements. The developer may request to combine land, fees, or improvements to the park area by the addition of playgrounds, swimming pools, tennis courts or other similar recreational amenities. The Parks & Recreation Director shall review the developer's request and make a final recommendation to the Planning and Zoning Commission for approval. 4. Applicability. The provisions of this section shall apply to any preliminary plat approved after January 31, 2000." Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed 3 ORDINANCE N0. 741-1 a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 5. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 6. Effective Date. The Ordinance shall become effective on January 1, 2000. PASSED and APPROVED ON FIRST READING this the 22nd day of November , A. D., 1999. ATTEST: UNG Y SE RETARY 4 TOM REID MAYOR ORDINANCE NO. 741-1 PASSED and APPROVED ON SECOND AND FINAL READING this the 13th day of December , A. D., 1999. ATTEST: NG L Y SE ' ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 TOM REID MAYOR EXHIBIT "A" CITY OF PEARLAND PARKLAND DEDICATION FEE $350.00 PER DWELLING UNIT