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Ord 668 Amending Chapter 82 Providing for Park Land Dedication requirementsTOWN OF WESTLAKE ORDINANCE NO. 668 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 82 SUBDIVISIONS, ARTICLE XIII ADDING SECTIONS 82-387 TO 82-392 PROVIDING FOR PARK LAND DEDICATION PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary to allow the parkland dedication/fee ordinance to be used as a tool for the Council to identify open space, trails, private parks, public parks and/or recreation areas necessary for the future planning of the Westlake community while allowing growth to pay for growth; and WHEREAS, to promote Westlake as a community with a high quality of life that demonstrates leaders in serving our residents. WHEREAS, upon the recommendation of the Town staff, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments CHAPTER 82, ARTICLE XIII to the park land dedication requirement should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION I: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 82, Article XIII, Sections 82.387 through 82.392 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. CHAPTER 821, ARTICLE XIII, PARK LAND DEDICATION REQUIREMENTS Section 82.387 Purpose and Intent: The requirements for park and recreational areas contained in this Article are intended to ensure that sufficient land is dedicated or otherwise set aside to meet the demand and need of our future residents for parks and recreational areas. In determining the size, shape and quality of the parks and recreational areas that should be set aside and reserved in the manner set out in this Article, the Town has considered the projected growth in population and development within the municipality and the amount of park and recreational facilities needed to accommodate such growth as stated in the Parks, Recreation, and Open Space Master Plan. Section 82.388 .Applicability: (a) Unplatted Property: This article applies to all property for Ordinance 668 Page 1 of 4 which a final plat has not been formally submitted to the Town for approval, unless otherwise noted herein. (b) Exempt Property: Any tract or lot occupied by an existing residential dwelling unit at the time of adoption of this ordinance shall be exempt from the dedication requirements of the Article herein. This exemption pertains only to the tract and/or lot the existing residential dwelling is built upon. Any additional lots created by subdivision of said property shall be subject to the requirements herein. (c) Date of Assessment: All requirements contained in this article shall be assessed at the time of approval of the final plat of any applicable property. Section 82.389 Land Dedication Requirements: (a) General: Land dedication requirements herein are based on the Town's adopted Land Use Plan and the Parks - Recreation & Open Space Master Plan. The developer shall show the land dedication requirements contained herein with the submittal of a development plan, concept plan, preliminary plat or other appropriate development submittal. (1) Residential Developments: Park and recreational areas, meeting the requirements contained within this Article, shall be dedicated to the Town at a ratio of one (1) acre of park land for every thirty (30) residential dwelling units or prorated portion thereof (2) Non -Residential Developments: Non-residential developments create environmental impacts which may negatively affect the living environment of the community. These impacts may be ameliorated or eliminated by providing park or open space areas which buffer adjoining land uses, prevent undue concentration of paved areas, allow for the reasonable dissipation of automotive exhaust fumes, provide natural buffers to the spread of fire or explosion, and provide separation of lighting, waste disposal, and noise by-products of non-residential operations and activities from adjacent residential areas. The Town hereby determines that non-residential developments must provide dedicated parks and/or reserved public open space at a ratio of one (1) acre of park land for every fifty (50) non-residential gross acres of development or prorated portion thereof. (3) Off-site Dedications: With the consent of the Town Council, a developer may dedicate the required park land for a development at another location within the Town, provided that the off- site land dedication is in accordance with this Article. (b) Transfers and Credits for Prior Dedications, Fees and Gifts: In considering the amount of land dedication required of a proposed development, the Town may, at its discretion, apply former dedications which were in excess of the requirement at that time to current or future dedication requirements of the same owner/applicant. A dedication or cash payment in lieu of dedication made prior to the passage of this ordinance shall be controlled by the provisions of the ordinance in effect at the time such obligation arose, provided the final plat has been submitted to the Town for approval prior to the passage of this Ordinance. At the discretion of the Town, any former gift of land to the municipality may be credited under the terms of the current ordinance toward eventual land dedication requirements imposed on the donor of such lands. Section 82.390 Characteristics of Parkland: The Town Council shall consider the characteristics of proposed dedicated park and recreational areas as outlined in the Parks — Recreation & Open Space Master Plan. In determining whether to accept or refuse the dedication of park lands, fees, Ordinance 668 Page 2of4 facilities or a combination thereof as outlined in Article 82.391 below, the Town Council shall consider the Parks - Recreation & Open Space Master Plan, and other policies and ordinances, as a guideline for such decisions. Section 82.391 Alternatives to Land Dedication: In any case where a dedication is required, the Town Council shall have the right, but not the obligation, to accept the dedication as submitted for approval, or in the alternative, to refuse dedication of the same, and in lieu thereof to require payment of cash under the formula contained in this Article or to allow the developer to construct recreation or park improvements. The Town may permit a combination of dedication, improvements and fees to be used to fulfill this requirement. (a) Fee Payment: (1) Approval of Fee Payment: The Town Council shall determine the acceptability of a developer's payment of fees in lieu of the land dedication requirement of this Article. (2) Calculation of Fees: The Town Council shall periodically establish an acreage land value cost figure to be used in calculating park fees. This determination shall be based on a study approved by the Town Council. The figure shall be the acreage cost under which all park fees are calculated. Fees paid in lieu of dedication shall be based on a determination made by the Town Council. Fees shall be paid prior to the Final Plat being filed, unless authorized otherwise in a developer's agreement approved by the town council. (b) Physical or Equipment Improvements to Public Parks: (1) Compatibility with Park Master Plan: The Town Council may grant a developer the option of improving existing facilities within municipal parks and/or improving dedicated park land in lieu of park land dedication or payment of cash. Should any of these options be approved, the Town and the developer shall, prior to initiation of work on such improvements, enter into a Developer's Agreement. In no case shall the Town be required to reimburse the developer for improvements at an amount greater than required by this Article. A request to provide facility improvements in lieu of dedication shall be submitted in writing. Section 82.392 Private Parks and Recreation or Open Spaces: If a developer desires to incorporate a private park within its development they may request limited credit for these private parks facilities against their public parks dedication requirements. A developer may request credit for any private park but such private park may satisfy no more than 10% of the total park and recreation area dedication requirement of this ordinance. The Town must approve the incorporation of private park or recreation areas to meet the requirements of this Article. The Town Council shall have authorization to grant a variance to the Park Land Dedication requirements of this Article, but not to any other sections of this Article. A variance request will only be considered for applicants that seek to plat and develop under an existing or new Planned Development District. SECTION 4: That all provisions of Ordinance Chapter 82 Article XIII not hereby amended shall remain in full force and effect. Ordinance 668 Page 3of4 SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION G: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the maximum amount authorized by law for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS -24'h DAY OF OCTOBER 2011. OF ATTEST: = X Kelly Edwar s, Town Secretary Laur Wheat, Mayor ordinance 668 Page 4of4 Star -Telegram Customer TOW27 400 W. 7TH STREET Invoice Number: 318506751 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 10/28/2011 Federal Tax ID 26-2674582 'Terms: Net due in 21 days Due Date: 10/31/2011 Dill To: PO Number: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 Order Number: 31850675 WESTLAKE, TX 76262-7940 Sales Rep: 073 Description: TOWN OF WES'ITLA Publication Dates:10/27/2011 -10/28/201 " ikl]FI(IY i3(' = YYCJ t Lf\RC TOWN OF WE attAtuc I3580 1 29 29 LINE $17.31 $1,003.76 i t t r THE Jt it fE _CA' Ai tbtl�t �tMR— , sx st otvts vis ARTtQ. xttl Sales Discount AD�z ($935.46) szot�I9Cttittb tDllcst 1�Roultsli3; PEt Misc Fee x -T liiiVJOI G"_; cumu T VJE c�otat s $10.00 AB1lTt cLAtf FRtt1P1� A siVK�SaCLAtT�17ii3 f1V;; Pt1$'tI:A'�tt3R)f� I!, �A6�$};I,_ Net Amount: ®'%,j>'tto11ojUt478.30 -j •L • ®j%`®� % q Gam; • i OF �" .°• THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (31 i) 215-2323 Signed %-bl SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, OctAegf3j,12011. Notary Thank You For Your Payment --------------------------------------------- Remit ._______....______________.__._......___.-._____.._._______.__.-- Remit To: Star -Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 318506751 Invoice Amount: $78.30 PO Number: Amount Enclosed: