(a)
This division is adopted to provide recreational areas in the form
of neighborhood parks as a function of subdivision development in
the City of Hutchins. It is hereby declared by the city council 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,
whether such development consists of new construction on vacant land
or rebuilding and remodeling of structures on existing residential
property.
(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 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.
(c)
The existing location of Interstate Highway 45, from Interstate Highway
635 to Fulghum Road, divides the City of Hutchins into an east and
west zone for park planning purposes. The park and recreational facilities
are required to be accessible to the residential areas in each zone.
Therefore, the following requirements are adopted to effect the purposes
stated.
(1992 Code, sec. 9.1501)
(a)
Whenever a final plat is filed of record with the County Clerk of
Dallas County for development of a residential area in accordance
with the planning and zoning ordinances 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 equal one (1) acre for each one
hundred thirty-three (133) proposed dwelling units. Any proposed plat
submitted to the city for approval shall show the area proposed to
be dedicated under this division. The required dedication of this
section may be met by a payment of money in lieu of land when permitted
or required by the other provisions of this section.
(b)
The city council declares that development of an area smaller than one-half (1/2) of one (1) acre for public park purpose, is impractical. Therefore, if fewer than sixty-six (66) units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided by section 10.02.329(c), rather than to dedicate any land area. No plat showing a dedication of less than one-half (1/2) of one (1) acre shall be approved.
(c)
In instances where an area of less than five (5) acres is required to be dedicated, the city shall have the right to accept the dedication for approval on the final plat, or to refuse same, after consideration of the recommendation of the planning and zoning committee and to require payment of cash in lieu of land in the amount provided by section 10.02.329(c), if the city 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.
(d)
The dedication required by this division 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 exceed the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of the cash in lieu of land amount provided by section 10.02.329(c), or by the conveyance of an entire numbered lot to the city.
(1992 Code, sec. 9.1502)
At the discretion of the city, 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 planning and zoning commission
in exercising its discretion under this division.
(1992 Code, sec. 9.1503)
(a)
Subject to the veto of the city council, a land owner responsible for dedication under this division may elect to meet the requirements of section 10.02.327 in whole or in part by a cash payment in lieu of land, in the amount set forth in section 10.02.329(c). Such payment in lieu of land shall be made at or prior to the time of final plat approval.
(b)
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 parkland in a park zone, subsequent parkland dedications
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 (1) the average
price per acre of such land, and (2) the actual cost of adjacent streets
and on-site utilities, or an estimate of such actual cost provided
by the city engineer. Once the city has been reimbursed entirely for
all such parklands within a park zone, this subsection shall cease
to apply, and the other sections of this subsection shall again be
applicable.
(c)
To the extent that section 10.02.329(b) 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 resolution 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 as provided in the fee schedule found in appendix A of this code. Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development.
(1992 Code, sec. 9.1504; Ordinance
adopting Code)
Land shown on a comprehensive 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 government
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 not longer be effective if the preliminary
plat shall expire without adoption of a final plat.
(1992 Code, sec. 9.1505)
(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
section, which fund shall be known as the parkland dedication fund.
(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 purposes must be expended by the city within
three (3) years from the date received by the city for acquisition
of development of a neighborhood park as defined herein. Such funds
shall be considered to be spent on a first in, first out basis. If
not so expended, the owners of the property on the last day of such
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, in writing,
or such right shall be barred.
(1992 Code, sec. 9.1506)
(a)
Any land dedicated to the city under this division must be suitable
for park and recreation uses. The following characteristics of a proposed
area are generally unsuitable:
(b)
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 from access by such channel.
(1992 Code, sec. 9.1507)
