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ORDINANCE NO. 153
AN ORDINANCE OF THE CITY OF KENNEDALE PROVIDING
REQUIREMENTS FOR NEIGHBORHOOD PARK LAND DEDICATION
OR PAYMENT OF CASH IN LIEU THEREOF AS A CONDITION TO
SUBDIVISION PLAT APPROVAL AND ISSUANCE OF RESIDENTIAL
BUILDING PERMITS IN ORDER TO PROVIDE FOR NECESSARY
OPEN SPACE PRESERVATION AND PARK DEVELOPMENT;
ESTABLISHING A SPECIAL FUND FOR MONEY PAID FOR PARK
DEVELOPMENT; AUTHORIZING THE CREATION OF
NEIGHBORHOOD PARK ZONES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Kennedale, Texas, has determined that the
platting of residential subdivisions results in an increase of population, which in turn creates a
need for additional neighborhood park land and park improvements, thereby placing an
inordinate burden on existing city park sites and facilities; and
WHEREAS, the City Council of the City of Kennedale finds that it is in the public
interest to insure that new residential developments in the City of Kennedale will dedicate
sufficient land or will otherwise provide for the development of park amenities to meet the
demand and need of future residents of the development for open space and neighborhood parks,
which contain passive or active recreational areas that, are reasonably attributable to such new
development; and
WHEREAS, the City Council recognizes that the establishment of public open space in
the form of neighborhood parks is necessary and in the interest of public welfare, and that an
effective method to provide for the same is the incorporation of procedures for the dedication of
parkland and facilities into the platting and development process as set forth in the City's
subdivision ordinance; and
WHEREAS, the City Council has conducted a public hearing on the proposed
regulations contained herein.
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~~ ~• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS:
SECTION 1.
NEIGHBORHOOD PARK DEDICATION
(a) Requirement: No final subdivision plat for any property zoned for residential use
in The City of Kennedale shall be approved unless such plat shall include a dedication of land to
the City of Kennedale for neighborhood park purposes. Such dedication shall be on the basis of
one (1) acre of land per each 100 residential units on the plat, or the payment of cash in lieu
thereof, as hereinafter provided.
(b) Basis: This dedication requirement is formulated from recent development trends
and statistics for urban communities, which document this requirement, based upon existing
housing unit statistics and occupancy statistics per dwelling unit within like communities in the
area.
(c) Park zones: The Planning and Zoning Commission and the Parks and Recreation
Board shall recommend the establishment of neighborhood park zones to the City Council. The
City Council shall establish neighborhood park zones after consideration of these
recommendations.
SECTION 2.
CASH IN LIEU OF DEDICATION
(a) v~4 Acres or Less Dedication: The City declares that development of a park of
less than 1~ acres is impractical and creates unreasonable and unnecessary maintenance and
operating expenditures. Therefore, if the proposed subdivision contains less than ~ units, the
developer shall be required to pay cash in lieu thereof in the amount provided herein. No plat
showing a dedication of less than w~4 acres shall be approved unless the dedicated property may
reasonably be developed in conjunction with contiguous park property.
(b) Less Than a Five Acre Dedication: In instances where an area of less than five ~
acres is required to be dedicated, the City shall have the right to accept the dedication of the area,
or to refuse same, and to require payment of cash in lieu thereof in the amount provided herein.
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r ~ (c) Cash in Lieu of Dedication: In instances where it is determined that sufficient
neighborhood park land is already in the public domain within a neighborhood park zone, or that
the land proposed to be dedicated is not suitable for the City's park needs, the City shall have the
right, in its sole discretion, to refuse the dedication of land and require payment of cash in lieu
thereof in the amount provided herein, or to require a combination of land and cash in lieu of
land in appropriate amounts as provided herein.
(d) .Cash and Dedication: Any developer, irrespective of the size of the proposed
development, who desires to pay a fee or construct public improvements in lieu of the dedication
of parkland may make such a proposal to the City Council which may agree to accept the
payment of a fee or the construction of improvements in lieu of dedication or some portion
thereof.
(e) Combination: In any case where a dedication is required, the City shall have the
right to accept the dedication as submitted for approval on the final plat, or in the alternative, to
refuse dedication of the same, and in lieu thereof to require payment of cash under the formula
set forth in Section 2(f) below, or to allow the developer to construct recreation or park
improvements. The City may permit a combination of dedication, improvements and fees to be
used to fulfill this requirement.
(f) Amount of Cash Payment Required: The City Council will establish a payment of
cash in lieu of a dedication requirement computed on the basis of a certain dollar amount per
dwelling unit. The dollar amount will be based on the approximate cost of acquiring one raw
acre of vacant land in a developing area of the community derived from a reasonable study and
investigation of the best available information as to the land values within the community. The
amount of the fee per dwelling unit shall be established by resolution of the City Council, and
will be periodically reviewed at the City Council's discretion. The City, at its sole discretion,
may establish different fees for different areas of the City.
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SECTION 3.
SIZE OF PARK LAND
No land dedicated in compliance with this ordinance shall have dimensions smaller than
one hundred (100) feet in width and one hundred fifty (150) feet in depth. In any development
which includes wooded areas, flood plains or other natural features which are desirable to
maintain, the City Council may grant an exception from the strict application of these minimum
dimensions whenever it determines that by doing so the protection and preservation of such areas
will be promoted.
SECTION 4.
PARK SITE PLAN IMPROVEMENTS
(a) The City shall have the right to accept neighborhood park site improvements in
lieu of the payment of cash, provided the cost of construction of said improvements is equal to or
exceeds the required cash in lieu payment. The implementation of this provision shall require and
be conditioned upon the following:
(1) Site Plan: Such improvements shall be in accordance with a site plan. The
site plan will include at a minimum a topographic element including proposed grading,
landscaping and beautification elements, site facilities, recreational facilities, and existing
and proposed utilities. The site plan shall be drawn at a scale of 1 "-20' (or a suitable
scale). All approved improvements shall be designed in compliance with the Design
Manual for Public Works applicable to such improvements. Additionally, the developer
shall include details related to materials, equipment, methods of construction, warranties,
assurances, and indemnifications. All proposed improvements shall be subject to the approval of
the City.
(2) Approval: The site plan must be approved by the City prior to the filing of
the final plat.
(3) Agreement: The developer and the City shall, prior to initiation of work on
such improvements, enter into an agreement for credit of the developers expenses for
authorized park improvements. Final credit will be accorded to the developers upon final
acceptance of the authorized park improvements.
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(4) Site Improvements: Improvements proposed in the site plan may include
one or more of the following neighborhood park improvements. Any improvements
proposed by the developer, but not included in this list, or any improvements, which are
not needed or deemed necessary at the site, may be rejected by the City. In addition, the
City may approve the provision of any improvement not shown on this list if such
improvement is in compliance with the findings and recommendations of the Park Master
Plan.
Playgrounds (provision for handicap access and use must be made)
Practice Athletic Fields, Volleyball Courts, Basketball Courts, Tennis
Courts, Multi-purpose Trails and Walkways, Benches and Picnic Tables,
Drinking Fountains, Security Lighting, (provided that electrical service is
placed underground, Landscaping, Irrigation and Park Signage, Parking
and Park Roads
(5) No Reimbursement: If the payment of cash in lieu of dedication value is in
excess of the value of the improvements being provided, the excess shall be paid to City
prior to the filing of the final plat. In no case shall the City be required to reimburse the
developer if the developer chooses to improve the parkland at a value greater than
required.
SECTION 5.
PRIVATE RECREATION AMENITIES
If a development is proposed to be a private development where no public streets are
dedicated for use by the public, the developer may receive a credit against the park dedication
requirements of this ordinance for the construction of private parks, recreational or open space
areas and amenities within his development. No such private recreational amenities shall satisfy
more than fifty percent (50%) of the total park dedication requirement. In determining the
amount of credit to be allowed, the city shall:
(a) Calculate the pro rata share of the proposed private development as if it were to be
a development where public streets were to be dedicated; and
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Y : (b) Grant a credit against the mandatory park dedication requirements if the private
amenities of the proposed development meet the requirements of this ordinance.
SECTION 6.
GENERAL REQUIREMENTS OF DEDICATED PARK LAND
(a) Minimum Criteria: No land shall be accepted by the City for dedication unless it
meets the following criteria:
(1) The park land shall be clearly visible to public safety vehicles and the
neighborhood residents.
(2) Pedestrian and vehicular access to the park land shall be available from
one or more public streets. Street frontage shall be required to ensure public access to the
park land. No credit shall be given for areas that are severed from the majority of the tract
of land by either a man made or natural creek or channel.
(3) The park land shall be of sufficient width, depth, topography and size to
permit the development or construction of facilities listed herein. This requirement may
vary from subdivision to subdivision depending upon the specific need being served by
the dedication, e.g. active recreation areas for team sports; open space buffer;
playgrounds, picnic areas, etc.
(4) A minimum of fifty (50) percent of the land dedicated shall have grades of
less than three (3) percent, and shall be drained and otherwise suitable for development of
neighborhood park facilities.
(5) Potable water, sanitary sewer, and electric power shall be readily available
to the park land from an adjacent street right-of--way or public utility easement.
(6) The park land shall be free of overhead utilities, easements and other
conditions, which prohibit the effective use of the property as a neighborhood park.
(b) Warranty Required: The developer shall warrant that no construction materials,
rocks, and/or dirt will be disposed of or dumped within the dedicated land by its contractors,
subcontractors, officers, agents, servants, employees or licensees. If, however, these materials are
disposed of or dumped on the land dedicated, the developer shall be required to remove those
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•' materials upon receipt of written notice requesting same. Additionally, the developer shall be
responsible for returning the dedicated land to its natural condition prior to or at the time of
dedication.
(c) Land Subject to Flooding:
(1) Floodway land as defined by the floodplain administrator will not be
eligible for fulfillment of the dedication requirements of this ordinance. However, the
developer is encouraged to donate such land in its natural state to the City for open space
purposes.
(2) Flood fringe land or land located between the Floodway line and the 100
year Floodplain line as defined by the floodplain administrator may be included in the
land dedication; however, land located in said area must equal two (2) times the area
requirements specified herein (that is, one acre of flood fringe equals 1/2 acre of land
located outside the flood fringe); provided further, said flood fringe land shall be suitable
for active or passive recreational use, shall be easily accessible, visible and identifiable as
public open space, and shall contain environmental features or provide now or in the
future, a connection between existing or proposed parks or school sites.
(d) Deposit Authorized: The developer shall construct all street improvements,
including paving, sidewalks, drainage, sewer and water adjacent to dedicated park land at no cost
to the City. If the construction of said improvements should be delayed because of phasing of
subdivision development, the developer shall deposit sufficient funds with the City to cover the
cost of said construction. The amount of the deposit shall be determined by the City Engineer
using previous or current bids received for said improvements by the City or the developer.
(e) Variances: The City Council may consider. and approve for dedication any area
which does not meet the standards herein if it determines that the acceptance of such dedication
would be in the best interest of the public. In making this determination, the City Council may
consider the following factors:
(1) The dedicated land will encompass a preservation area of unique natural
beauty or contain unique natural features or other ecologically valuable areas.
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~'- (2) The dedicated parkland may be developed in partial fulfillment of required
parkland dedication.
(3) The dedicated parkland will be contiguous to an existing or proposed
school site.
(4) The park land will be dedicated in addition to the payment of fees in lieu
of dedication.
(5) The dedicated park land will be contiguous to another park which if
combined would form a single viable park area.
(6) The dedicated parkland would be capable of expanding existing parks or
recreation facilities.
(f) Requirements: The developer shall also be responsible for meeting the following
requirements with respect to dedicated parkland:
(1) Before the City accepts any dedicated park land, the developer shall
remove all trash and dead trees.
(2) The developer shall provide for adequate drainage through the proposed
park land to eliminate standing water and health hazards. Any detention or retention
ponds or other drainage facilities to be placed in areas which are to be dedicated as park
land, must be designed and constructed to allow for dual recreational use. Construction
plans may be required to be submitted to the City Engineer prior to approval of any
detention or retention pond.
(g) Refusal to Approve Plat: The City-may refuse to approve a final plat which does
not meet the requirements of this section. The City may refuse to approve a plat which dedicates
parkland in an area incompatible with the City's comprehensive plan.
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•h SECTION 7.
PARK LAND DEDICATION FOR SUBDIVISIONS
CONTAINING TWO OR MORE PHASES
(a) Dedication Required: In subdivisions which are final platted in two or more
phases, the required parkland dedication pursuant to this ordinance must be provided in each
phase of the plat except as provided below.
(b) Escrow Authorized: A developer may reserve required park land dedication for
subsequent phases of the subdivision by paying into a city escrow fund a dollar amount equal to
the cash in lieu amounts. The escrow funds must be paid to the City prior to the filing of the first
phase final plat and shall be maintained in the escrow fund pending the platting of the project
phase that contains the required park land dedication site. Escrow funds shall be returned to the
developer, with accumulated interest, upon the filing of the final plat for each subsequent phase
that contains the required park land dedication. In addition, the developer shall dedicate a
reversionary public access easement on the final plat of the initial phase(s) where necessary to
provide effective public access, maintenance and use of any park land to be dedicated.
SECTION 8
EXPENDITURES OF COLLECTED FUNDS
(a) Special Fund: There is hereby established a special fund for the deposit of all fees
paid in lieu of park land dedication under this ordinance. This fund shall be known as the
Parkland Dedication Fund. Monies may be expended from this fund only for the purchase, lease
or other acquisition of park land and open space, the improvement, preparation and maintenance
of park areas and sites, the installation of utilities to such sites, the construction of landscaping,
play equipment or recreational improvements on such sites, or attendant engineering and
planning costs associated with such park activities. Monies placed in this fund may not be
utilized for any other general business activity of the City. All expenditures from this fund shall
be approved by the City Council.
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~~ (b) Right to Refund: The City shall account for all sums paid in lieu of park land
dedication under this ordinance with reference to the individual plats involved. Any funds paid
for such purposes must be expended by the City within ten (10) years from the date received by
the City for acquisition or development of neighborhood parks as defined herein. Such funds
shall be considered to be spent on a first in, first out basis. If not so expended, the developer or
the owner of the subdivision on the last day of such period shall be entitled to a pro rata refund of
such sum, computed on a square footage or area basis. The owners of such property must request
such refund within one year of entitlement, in writing, or such right shall be forfeited.
(c) Geographic Limits of Use of Funds: All funds accumulated through the payment
of cash in lieu of park land dedication shall be identified as being attributable to the
neighborhood park zone where the subdivision is located, and shall be so designated in the Park
Land Dedication Fund. All expenditures from the Park Land Dedication Fund shall be expended
only for land or improvements within the zone from which received, with the following
exception:
When the City Council determines that existing conditions preclude the effective
acquisition and/or development of park land and/or recreation facilities, such as a
lack of undeveloped sites, the funds collected from one zone may be expended in
a contiguous zone only. But in no case shall the funds be expended at distance
greater than two (2) miles from the boundary of the zone from which the funds
were collected.
(d) Any individual organization or entity desiring to make a contribution to the park
and recreation system of the City may contribute funds to be placed in this account. Once funds
have been placed in this specific account, they are bound by the restriction on use of funds paid
as a fee dedication requirement.
SECTION 9.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas, (1991) as amended, except where the provisions of
this ordinance are in direct conflict with the provisions of such ordinances and such Code, in
which event the conflicting provisions of such ordinances and such Code are hereby repealed.
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SECTION 10.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 11.
This ordinance shall be in full force and effect from and after its passage, and so
ordained.
PASSED AND APPROVED ON THIS ~ DAY OF JULY 1998.
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` MAYOR
ATTEST.:
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CITY SE TARY
EFFECTIVE:~~ /~9~'~
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: ~y
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