OR 93-627 Amends "Park Fees" & appendix "park"; parkland dedication AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORmNANCE NO. 93627
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
ORDINANCE NO. 341 BY AMENDING SECTION XVI(F) "PARK FEES" AND
SECTION VII OF APPENDIX A "PARKS" TO PROVIDE REQUIREMENTS FOR
PARK LAND DEDICATION; PROVIDING REQUIREMENTS FOR THE DEPOSIT OF
MONEY IN LIEU OF LAND DEDICATION; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1:
That Ordinance No. 341 be, and it is hereby, amended by amending Section XVI(F)
"Park Fees" and Section VII of Appendix A "Parks" to read as follows:
"VII. Requirement for Park Land Dedication
A. This section is adopted to provide recreational areas in the form of
neighborhood parks as a function of subdivision development in the
City of Coppell. The City Council finds that recreational areas in the
form of neighborhood 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.
B. Neighborhood parks 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 zones
established by the Parks and Recreation Department and shown on the
official Parks and Recreation map for the City of Coppell 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:
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B-1. General Requirement Residentially Zoned Property.
Whenever a final plat is filed of record with the County Clerk
of the county in which the property lies for development of a
residential area in accordance with the planning and zoning
regulations of the City, such plat shall contain a clear fee simple
dedication of an area of land to the City for park purposes,
which area shall be equal to one acre for each 100 proposed
dwelling units. For purposes of this section, a dwelling unit is
one or more rooms designed or used as separate living quarters
for an individual family, including those which are classified as
part of a multi-family structure. Any proposed plat submitted
to the City for approval shall show the area proposed to be
dedicated under this section. The required dedication by this
subsection may be met by a payment of money in lieu of land
when permitted or required by the other provisions of this
section.
B-2. The City Council declares that development of an area smaller
than one (1) acre for public parks purposes is impractical.
Therefore, if fewer than 100 units are proposed by a plat filed
for approval, the developer shall be required to pay cash in lieu
of dedication of land. No plat showing a dedication of less than
one acre of park land shall be approved.
B-3. In instances where an area of less than five acres is required to
be dedicated, the City Council shall have the right to accept the
dedication for approval on the final plat, or refuse same, and to
require payment of cash in lieu of land in the amount provided
in subsection D, if the City Council 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. The City Council may from time to time request the
review of the Parks and Recreation Board regarding the
dedication of parkland or cash in lieu of such dedication.
B-4. The dedication required by this section shall be made by filing
of the final plat or contemporaneously by separate instrument,
unless additional dedication is required subsequent to the filing
of the final plat. If the actual number of completed dwelling
units exceeds the figure upon which the original dedication was
based, additional dedication shall be required, and shall be
made by payment of cash in lieu of land amount provided by
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subsection D, or by the conveyance of an entire numbered lot
to the City.
C. Prior Dedication; Absence of Prior Dedication.
C-1. Credit shall be given for land and/or money dedicated prior to
the enactment of this ordinance.
C-2. If a dedication requirement arose prior to passage of this
section, that dedication requirement shall be controlled by the
ordinance in effect at the time such application arose, except
that additional dedication shall be required if the actual density
of structures constructed upon 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 B.
C-3. At the discretion of the City Council, 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. The City Council shall consider the recommendation of
the Parks and Recreation Board in exercising its discretion
under this subsection.
D. Money in Lieu of Land.
D-1. Subject to veto of the City Council, a landowner responsible for
dedication under this section may elect to meet the
requirements of Section B, in whole or in part, by a cash
payment in lieu of land, in the amount set forth in D-3. Such
payment in lieu of land shall be made at or prior to the time of
final plat approval.
D-2. The City may from time to time decide to purchase land for
parks in or near the area of actual or potential development.
If the City does purchase park land in a park zone, subsequent
park land dedication for that zone shall be in cash only and
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 actual costs provided by the City Engineer.
Once the City has been reimbursed entirely for all such park
land within a park zone, this subsequent subsection shall cease
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to apply, and the other subsections of this section shall again by
applicable.
D-3. To the extent that D-2 is not applicable, the dedication
requirement shall be met by a payment in lieu of land at a per-
acre price set from time to time by a resolution or ordinance 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 One Thousand Two Hundred Eighty-
Five and No/100 Dollars ($1,285.00) per dwelling unit. Cash
payments may be used only for acquisition or improvement of
a neighborhood park located within the same zone as the
development.
E. Plan Considerations.
Land shown on the Park and Recreation Master Plan as being suitable
for development of the City for a major recreational center, school
site, park, or other public use, shall be reserved for a period of one (1)
year 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 land appraisal value at the time of purchase.
A failure by the City Council 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.
F. Special Fund: Right to Refund.
F-1. 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.
F-2. 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 purposes must be
expended by the City within ten (10) years of the date received
by the City for acquisition or development of a neighborhood
park as defined herein. Such fund shall be considered to be
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spent on a first in, first out basis. If not so expended, the
owners of the property on the last date of such period shall be
entitled to a prorata refund of such sum, including all interest
accrued. The owners of such property must request such refund
within one (1) year of entitlement, in writing, or such right shall
be barred.
G. Additional Requirements; Definitions.
G-1. Any land dedicated to the City under this section must be
suitable for park and recreation uses. The following
characteristics of a proposed area are generally unsuitable:
(a) Any area primarily located in the 100-year flood plain.
(b) Any areas of unusual topography or slope which render
them unusable for organized recreational actMties.
(c) Any area encumbered by overhead utility lines or
easements of any type which would limit the opportunity
for recreational and park development.
The above characteristics of a park land dedication area may be
grounds for refusal of any preliminary plat.
G-2. Drainage areas may be accepted as part of a park if the
channel is constructed in accordance with City Engineering
standards, and if no significant area of the park is cut off by
access to such channel.
G-3. Each park must have ready access to public streets.
G-4. Unless provided otherwise herein, an action by the City shall be
by the City Council."
SECTION 2. REPEALING CLAUSE
All parts of Ordinances inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
This Ordinance shall not apply to property for which a preliminary plat has been
filed. Such property shall be subject to the Parkland dedication and fee requirements of the
prior ordinances which continue to be in effect for those purposes.
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SECTION 3. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision of this ordinance shall be
adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to be
invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect immediately as the law and charter in such cases
provide.
day of ~. ~ ,, the
APPROVED:
MAYOR
ATYEST:
CITY' SECRETARY
APPRO ED AS TO FORM:
APPR~~N~
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