(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 Willow Park. 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 procedure to provide for same
is by integrating such a requirement into the procedure for planning
and developing property for subdivision 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 identified
shall be in the future land use plan and the parks and trails master
plan. 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.
(1986 Code, ch. 11, sec. 7(A); 1993
Code, sec. 9.701; Ordinance 852-22 adopted 2/8/22)
These requirements shall apply to land zoned for single-family,
duplex, townhome, and/or apartment residential purposes.
(1)
Whenever a final plat is filed on record with the county clerk of
Parker County 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 equal one (1) acre for each one
hundred (100) proposed dwelling units. Any proposed plat submitted
to the city for approval shall show the area proposed to be dedicated
under this section. The required dedication may be met by a payment
of money in lieu of land when permitted or required by the other provisions
of this section.
(2)
The city council declares that development of an area smaller than
one (1) acre for public park purposes is impractical. Therefore, if
fewer than one hundred (100) units are proposed by a plat filed for
approval, the developer shall be required to pay the applicable fee
in lieu of land, amount provided herein, rather than to dedicate any
land area. Plats showing a dedication of less than one (1) acre may
be approved.
(3)
In instances where an area of more than one (1) acre 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 commission and to
require payment of fee in lieu of land in the amount provided herein,
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.
(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 after the filing of the final plat.
If the actual number of completed dwelling units exceeds the figure
upon which the original dedication was based, such additional dedication
shall be required, and shall be made by payment of the fee in lieu
of land.
(5)
Where a private park is designated by the developer/landowner within
a residential area and shown on a final plat, as approved by city
council, the entire designated park area, all equipment, maintenance,
and/or improvements within the park shall be made and maintained by
the subdivision’s homeowners’ association in perpetuity.
In no capacity is the city responsible for any part of the park.
(1986 Code, ch. 11, sec. 7(B); 1993
Code, sec. 9.702; Ordinance 852-22 adopted 2/8/22)
Subject to veto of the city council, a landowner responsible
for dedication under this division may elect to meet the requirements
of this division in whole or in part by a cash payment in lieu of
land, in the amount set in the fee schedule. Such payment in lieu
of land shall be made at or prior to the time of final plat approval.
(1986 Code, ch. 11, sec. 7(C); 1993
Code, sec. 9.703; Ordinance 852-22 adopted 2/8/22)
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 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 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 cost provided
by the city engineer. Once the city has been reimbursed entirely for
all such park lands with [within] a park zone, this provision shall
cease to apply, and the other provisions of this division shall again
be applicable.
(1986 Code, ch. 11, sec. 7(D); 1993
Code, sec. 9.704; Ordinance 852-22 adopted 2/8/22)
To the extent that the previous section is not applicable, the
dedication requirement shall be met by a payment in lieu of land at
a per acre/lot price set in the fee schedule by the city council.
The city council shall establish such per acre/lot price per dwelling
unit.
(1986 Code, ch. 11, sec. 7(E); 1993
Code, sec. 9.705; Ordinance 852-22 adopted 2/8/22)
Land shown on the comprehensive plan or parks and trails 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 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 no longer be effective
if the preliminary plat shall expire without adoption of a final plat.
(1986 Code, ch. 11, sec. 7(F); 1993
Code, sec. 9.706; Ordinance 852-22 adopted 2/8/22)
There is hereby established a special fund for the deposit of
all sums paid in lieu of land dedication under this division or any
preceding ordinance which fund shall be known as the parkland dedication
fund.
(1986 Code, ch. 11, sec. 7(G); 1993
Code, sec. 9.707; Ordinance 852-22 adopted 2/8/22)
(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.
(c)
Each park must have ready access to public street.
(d)
Unless provided otherwise herein, an action by the city shall be
by the city council, after consideration of the recommendations of
the planning and zoning commission.
(1986 Code, ch. 11, sec. 7(H); 1993
Code, sec. 9.708; Ordinance 852-22 adopted 2/8/22)
