a public hearing was held before the Parks and Recreation Board on June 11, 2009, to receive public input; and

Transcription

1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS, AMENDING THE CITY OF KELLER UNIFIED DEVELOPMENT CODE, ADOPTED BY ORDINANCE NO. 1111, DATED AUGUST 6, 2002, AND REVISED BY ORDINANCE NO. 1435, DATED NOVEMBER 18, 2008; BY AMENDING ARTICLE 7 PUBLIC PARK AND TRAIL SYSTEMS LAND DEDICATION REQUIREMENTS AND IMPROVEMENTS, SECTION 7.02 (A) (1) AND SECTION 7.02 (B) - GENERAL REQUIREMENTS, BY DELETING SECTION 7.02 (A) (1) AND 7.02 (B) IN THEIR ENTIRETY AND ADDING A NEW SECTION 7.02 (A) (1) AND 7.02 (B); AND BY AMENDING SECTION FEES (PARK FEES); AND BY AMENDING THE CITY OF KELLER CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE I, IN GENERAL, SECTION 2-270, ADMINISTRATIVE FEES, PARAGRAPH (a) (16), PARK FEE (IN LIEU OF PARK LAND DEDICATION); BY DELETING SECTION 2-270, PARAGRAPH (a) (16), IN ITS ENTIRETY AND ADDING A NEW SECTION 2-270, PARAGRAPH (a) (16); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A CONFLICTING ORDINANCE CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. upon the recommendation of the City Staff and in the deliberation of the City Council of the City of Keller, Texas, it is deemed to be in the best interest of the health, safety, and general welfare of the citizens of the City of Keller that the Unified Development Code be hereby amended by amending Article 7 Public Park and Trail Systems Land Dedication Requirements and Improvements, Section 7.02 (A) (1) and Section 7.02 (B) General Requirements, and Section Fees (Park Fees); and by amending the City of Keller Code of Ordinances, Chapter 2, Administration, Article I, In General, Section 2-270, Administrative fees, paragraph (a) (16), Park fee (in Lieu of Park Land Dedication); by increasing the park development fees to One Thousand Six Hundred Dollars ($1,600.00) per dwelling unit for residential units; and Eight Hundred Dollars ($800.00) per dwelling unit for a retirement community; and increasing the amount of dwelling units to 1

2 fifty (50) per one acre of park land donated; and increasing the amount of dwelling units for a retirement community to one hundred (100) per one acre of park land donated; and notice of a public hearing before the Parks and Recreation Board was published in a newspaper of general circulation in the City of Keller at least fifteen (15) days prior to such hearing; and a public hearing was held before the Parks and Recreation Board on June 11, 2009, to receive public input; and at their regular meeting held on June 11, 2009, the Parks and Recreation Board considered said amendment and after all persons were given an opportunity to speak unanimously recommended approval of said amendment by increasing the park development fee to One Thousand Six Hundred Dollars ($1,600.00) per dwelling unit for residential units; and Eight Hundred Dollars ($800.00) per dwelling unit for a retirement community; and increasing the amount of dwelling units to fifty (50) per one acre of park land donated; and increasing the amount of dwelling units for a retirement community to one hundred (100) per one acre of park land donated; and notice of a public hearing before the City Council was published in a newspaper of general circulation in the City of Keller at least fifteen (15) days before such hearing; and the City Council of the City of Keller, Texas did consider in making a determination as to whether the Ordinance changes contained herein should be approved and the effect on the promotion of the health, safety, and the general welfare of the citizens of the City of Keller; and 2

3 the City Council does find that there is a public necessity for said Ordinance changes, that the public demands it, that the public interest clearly requires the amendments, that said Ordinance changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; promotes health, safety, and the general welfare of the citizens of the City of Keller; and facilitates the adequate provisions of parks and other public requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: Section 1: Section 2: THAT, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. THAT, the Unified Development Code, Article 7 Public Park and Trail Systems Land Dedication Requirements and Improvements, Section 7.02 (A) (1) General Requirements, be hereby amended, by deleting Section 7.02 (A) (1) in its entirety and adding a new Section 7.02 (A) (1) to read as follows: Whenever a final plat is filed on record with the County Clerk of Tarrant County for development of a residential area in accordance with this Ordinance of the City, such plat shall contain a clear fee simple dedication of an area of land to the City for park, open space, and/or trail purposes in accordance with the Parks and Open Space Master Plan and the Citywide Trail System Master Plan. The area shall equal one (1) acre for each fifty (50) proposed dwelling units. The area shall equal one (1) acre for each one hundred (100) proposed dwelling units for a retirement community, which is defined as any age-restricted development whereby at least eighty percent (80%) of the dwelling units shall have at least one (1) 3

4 member of each dwelling unit with a minimum age of fifty-five (55) years or older, including attached apartments and residences, offering self-contained private and semiprivate dwelling units. Any proposed plat submitted to the City for approval shall identify the proposed park land to be dedicated and designate the area with a lot and block number. Trails shall be designated as either hike and bike or equestrian trail right-of-way. A trail easement will be accepted if said land is adjacent to a drainage easement and bisecting a piece of property. The required dedication herein may be met by a payment of money in lieu of land or capital improvements in lieu of land when permitted or required by other provisions of this Ordinance. Section 3: THAT, the Unified Development Code, Article 7 Public Park and Trail Systems Land Dedication Requirements and Improvements, Section 7.02 (B) General Requirements, be hereby amended, by deleting Section 7.02 (B) in its entirety and adding a new Section 7.02 (B) to read as follows: Payments in Lieu of Land Dedication for all single-family, two-family, and multi-family residential developments in the City of Keller. The dedication requirement shall be met by a payment in lieu of land at a per-dwelling unit price set by the City Council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park and/or trail to serve the park zone in which such development is located. As adopted by the City Council, the per-unit price shall be computed on the basis of One Thousand Six Hundred Dollars ($1,600.00) per dwelling unit for residential units, and Eight Hundred Dollars ($800.00) per dwelling unit for a retirement community, as defined in this Ordinance. 4

5 Cash payments may be used only for park, open space, and/or trail acquisition, development and/or improvements. Section 4: THAT, the Unified Development Code, Section Fees (Park Fees) be hereby amended to read as follows: Park Fee for Residential Developments (in Lieu of Park Land Dedication) - $1600 per dwelling unit Park Fee for Retirement Communities (in Lieu of Park Land Dedication) - $800 per dwelling unit Section 5: THAT, Chapter 2, Administration, Article I, In General, Section 2-270, Administrative fees, paragraph (a) (16) of the City of Keller Code of Ordinances, be hereby amended, by deleting Section 2-270, paragraph (a) (16), in its entirety and adding a new Section 2-270, paragraph (a) (16) to read as follows: (16) Park Fee for Residential Developments (in lieu of park land dedication) - $1, per dwelling unit Park Fee for Retirement Communities (in lieu of park land dedication) - $ per dwelling unit Section 6: THAT, all other ordinances in conflict herewith are hereby repealed. Section 7: THAT, any person, firm or corporation violating any of the provisions of this Ordinance as read together with the Unified Development Code, shall be guilty of a misdemeanor and upon final conviction therefore, shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day any such violation continues shall constitute a separate offense and shall be punishable as such hereunder. 5

6 Section 8: THAT, if any section, paragraph, clause, phrase, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the validity or unenforceability of such section, paragraph, clause, phrase, or provision shall not effect any of the remaining provisions of this Ordinance. Section 9: THAT, this Ordinance supercedes all ordinances or parts of ordinances in conflict with the provisions stated herein. Section 10: THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause of this Ordinance as an alternative method of publication provided by law. Section 11: THAT, this Ordinance shall become effective upon its adoption and publication provided by law. AND IT IS SO ORDAINED. Passed and approved by a vote of to on this the 21st day of July, CITY OF KELLER, TEXAS ATTEST: BY: P.H. McGrail, Mayor Sheila Stephens, City Secretary Approved as to Form and Legality: L. Stanton Lowry, City Attorney 6