HomeMy WebLinkAboutOrdinance 2455
ORDINANCE NO. 2455
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS AMENDING
ORDINANCE NUMBER 1874 BY THE ADDITION OF AN ARTICLE TITLED
"NEIGHBORHOOD PARKLAND DEDICATION REQUIREMENTS"; PROVIDING
REQUIREMENTS FOR A PARK AND RECREATION FEE FOR RESIDENTIAL
AND NON-RESIDENTIAL DEVELOPMENT FOR THE PURPOSE OF MEETING
THE PRESENT AND FUTURE PARK AND RECREATION NEEDS OF THE CITY
AND ITS CITIZENS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING
FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR THE
IMPOSITION OF PARK FEES AND CREDITS FOR CONTRIBUTIONS OF LAND;
PROVIDING FOR THE PROCESS AND COLLECTION OF FEES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter;
and
WHEREAS, the City of North Richland Hills Texas has adopted the 2000 Parks, Recreation and
Open Space Master Plan which establishes standards for neighborhood parks, linear parks, and
open space; and
WHEREAS, new development in the City generates demand for parks and open space facilities to
be used by residents of such new development; and
WHEREAS, the City Council has determined that in order to assure open space and
neighborhood park facilities are available and adequate, it is appropriate and in the best interest of
the City to amend Ordinance Number 1874 to authorize the appropriate park and recreation fees;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, THAT:
I.
THAT, the following regulations shall be the minimum standards for development within the
corporate limits of the City of North Richland Hills, Texas:
Ordinance No. 2455
Page 1 of 5
City of North Richland Hills
ARTICLE 12
PARKLAND DEDICATION REQUIREMENTS
SECTION 100
PURPOSE AND INTENT
The requirements contained in this Article are intended for the purpose of assuring open
space and neighborhood park facilities are available and adequate to meet the needs
created by such development while maintaining current and proposed park and recreation
standards pursuant to the North Richland Hills 2000 Parks, Recreation and Open Space
Master Plan. It is the Policy of the City that a park and recreation fee is hereby imposed on
residential and non-residential development, and all fees collected shall be used solely and
exclusively for the purpose of acquisition and development of park facilities reasonably
attributable to the development assessed the fee. It is also the policy of the City to allow
any neighborhood parkland, which has been dedicated to and accepted by the City, to
apply as credit to offset the imposed park fee. Such land shall be of size, character, and
dimensions as is necessary to provide usable open space and park and recreational areas.
SECTION 200
DEFINITIONS
For the purposes of this Article only, the terms that follow shall have the meaning set forth
herein. Terms not herein defined shall have those meanings given them by other
Ordinances of the City. Words and terms defined in two ordinances shall be read in
harmony unless there exists an irreconcilable conflict in which case the definition contained
in this ordinance shall control.
1. Applicant: The property owner, or duly designated agent of the property owner, of land
for which approval of a building permit has been requested for development.
2. Building Permit: The permit required for new construction and/or additions to buildings.
3. Development: Any activity that requires the securing of building permit.
4. Neighborhood Park: Public land, with associated improvements typically from 1 acre
to 15 acres in size, and providing both active and passive recreational opportunities, as
specified in the 2000 Parks, Recreation and Open Space Master Plan.
5. Park and Recreation Facilities: Land and/or facilities used or to be used as a
neighborhood park regardless of location, including both the acquisition of land, the
construction of improvements thereon and the expenditure of funds incidental thereto.
6. 2000 Parks; Recreation and Open Space Master Plan: The official adopted Parks
and Recreation System Master Plan for the City of North Richland Hills and
amendments thereto.
7. Property: A legally described parcel of land capable of development pursuant to
applicable City ordinances and regulations.
Ordinance No. 2455
Page 2 of 5
SECTION 300
APPLICABILITY
1. This Article shall be uniformly applicable to residential and non-residential development
of property in the City. This Article does not apply to activities involving the replacement,
reconstruction, remodeling, rehabilitation or other improvements to an existing
residential or non-residential structure, or to rebuilding of a damaged structure, unless
such activity results in a change in the type.
2. This Article applies to all property for which a final plat has not been formally submitted
to the City for approval.
SECTION 400
PARK FEE
1. Residential Developments: A park fee, in the amount of $600 per dwelling unit, shall be
imposed on all residential development in the City.
2. Non-Residential Developments: Although non-residential development does not
generate residential occupancies per se, it does 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. A park fee, in the amount of $1000 per acre or prorated portion thereof, shall
be imposed on all non-residential development in the City with a maximum dedication
requirement of five (5) acres.
SECTION 500
DEVELOPER CONTRIBUTIONS BY LAND DEDICATION
1. In lieu of, or as credit towards all or a portion of the imposed park fee as required in
Section 400 of this Ordinance, the developer may elect to apply a contribution of
dedication of neighborhood parkland acceptable to the City at a ratio of one (1) acre of
parkland for every forty (40) residential dwelling units or prorated portion thereof; with a
maximum dedication requirement of five (5) acres and at a ratio of one (1) acre of
parkland for every fifty (50) non-residential gross acres of development or prorated
portion thereof; with a maximum dedication requirement of five (5) acres.
2. An applicant shall propose dedication of parkland in conjunction with approval of the
subdivision plat.
3. Land dedicated or otherwise set aside for open space and park and recreational areas
shall be of such size, dimensions, topography, and general character as is reasonably
required for the type of use proposed, such as open space buffer, active recreation for
individual sports, playground, tot lot, picnic area, etc.
4. Land dedicated or otherwise set aside for open space and recreational areas shall be
developable up-land, not lying within flood ways or flood plains.
Ordinance No. 2455
Page 3 of 5
5. In any case where a dedication is proposed, the City shall have the right to accept the
dedication as submitted for approval, or in the alternative, to refuse dedication of the
same, and require imposition of the park fee in accordance with Section 400 of this
article. The City may permit a combination of dedication and fees to be used to fulfill this
requirement. The City Staff decision in this regard is subject to appeal and review by
the City Council, whose decision shall be final.
SECTION 600
PROCESSING AND COLLECTION OF FEES
A. Fee Payment
1. Applicants for a building permit for development subject to this Article must submit, on a
form provided by the City, the proposed number of dwelling units or non-residential
gross acres in the development.
2. Upon receipt of an application for a building permit, the City shall calculate the amount
of the applicable fee due, pursuant to this Article.
3. The applicable park fee shall be collected prior to the issuance of the building permit.
No building permit shall be issued nor shall any construction be allowed to begin until
payment of all fees required by this Article has been made.
B. Credit Against Park Fee for Developer Contributions of Land
1. Where review of development applications has resulted in the acceptance of land
dedication, such land dedication shall be shown on a final plat and shall contain clear
fee simple dedication of that land to the City.
2. The Director of Parks and Recreation or their designee shall make formal
recommendation to the City Council to accept or refuse any proposed park land
dedication prior to the Council's action on the development.
3. Applying for credit against the imposed park and recreation fee for the contribution of
land is required to be made as a condition of final plat approval.
C. Use of Park Fee Funds
1. Fees collected shall be used for the purpose of acquisition and development of
neighborhood park facilities reasonably attributable to the development assessed the
fee. Fees collected may be used for site preparation, the extension of utilities to or
within sites, the installation of landscaping, play equipment, or recreation improvements,
and attendant engineering and planning costs associated with such park development.
2. All expenditures of fees collected shall be made in accordance with the North Richland
Hills 2000 Parks, Recreation and Open Space Master Plan.
Ordinance No. 2455
Page 4 of 5
II.
Severability Clause
That it is hereby declared to be the intention of the City Council that the section, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such 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 City Council without
the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
III.
Effective Date
This ordinance shall be in full force and effect from and after its passage.
PASSED AND APPROVED by the City Council this 10th day of April, 2000.
APPROVED:
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Cnarles SCOIl'a, Mayor
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APPROVED AS TO FORM AND LEGALITY
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APPROVED AS TO CONTENT:
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Jim Browne, Director of Parks and Recreation
Ordinance No. 2455
Page 5 of 5
City Council Minutes
April 10, 2000
Page 3
7.
PZ 99-36 - APPEAL PUBLIC HEARING TO RECONSIDER AMENDING ZONING
ORDINANCE NO. 1874 TO ADD ARTICLE 12, NEIGHBORHOOD PARKLAND
DEDICATION REQUIREMENTS - ORDINANCE NO. 2455 (DENIED AT THE
FEBRUARY 28 CITY COUNCIL MEETING)
APPROVED
Mr. Jim Browne, Director of Parks & Recreation, summarized PZ 99-36.
Mayor Scoma opened the public hearing, asking for anyone wishing to speak in
opposition to come forward.
Mr. Doug Long, representing applicant, asked for clarification regarding the applicability
of the requirements for properties who have formally submitted a final plat.
Mayor Scoma asked for anyone wishing to speak for the item to come forward.
Mr. Dwayne Leslie, Parks & Recreation Board President, spoke in favor of the request.
Mr. Robert O'Reilly, 9001 Trails Edge, inquired about the capping.
There being no one else wishing to speak Mayor Scoma closed the public hearing.
Councilman Trevino moved, seconded by Councilman Welch to approve PZ 99-36,
Ordinance No. 2455.
Councilman Mitchell asked Councilman Trevino to amend his motion to include a flat
fee for Parks and Recreation dedication of $600.00 per lot for residential and $1,000
per acre for non-residential.
Councilman Trevino denied the amendment.
Council discussed options of acquiring parks.
Councilman Mitchell asked Councilman Trevino to amend his motion to include the
provision that there be a flat fee of $600.00 per lot/property or mixture thereof for
residential and $1,000.00 per acre/property for non-residential.
Councilman Trevino accepted and Councilman Welch seconded the amendment.
Motion to approve carried 5-2; with Councilmen Welch, Mitchell, Phifer, Milano and
Trevino voting for and Mayor Pro Tem Johnson and Councilman Metts voting against.
INVOICE
Star-Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Numb£r:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
Bill To:
CITY OF NO RICHLAND HILLS/SECRE
PO BOX 820609
NORTH RICHLMID HILLS, TX 76182-
CIT13
165956921
1/30/00
Net due in 21 days
1/31/00
16595692
073
NOTICE OF PUBLI
1/30/00
NOTICE OF PUBLIC HEARING FOR T
Sales Discount \ '~.'
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Net Amount:
THE STATE OF
County of Tarran
$6.43
$353.65
($321.75)
$31.90
Before me, a Not :ounty and State, this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
nc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
, blished in the above name~ paper ~ted dates:
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INVOICE
Star-Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
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Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
CIT 13
169359661
3/25/00
Net due in 21 days
3/31/00
Bill To:
CITY OF NO RICHLAND HlLLS/SECRE
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Attn: ACCOUNTS . PAYABLE
16935966
073
NOTICE of PUBLIC
3/25/00
NOTICE of PUBLIC HEARING FOR T
1358
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$358.98
PU8L1~ Òft THE
Sales Discou NoRTH' MoLS. ($336.66)
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Notice is hereby gIven to
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conduct a publiç heenng Net Amount: $22.32
on Monday evenmg, MAPrít
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the, Cit, y Cpuncll Chamt·
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changes to the. City of
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amended, pursuant to and
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Before me, a I' ri~i~~~~r~~~df::I~d~c¡,lri~ d County and State, t~is day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegram, ~u~ too~ne~'ud~'i~~f¿Ws~Sâfc~ff.·g~. 1, Inc: at F~rt Worth, In Tarrant CountY. exa.s,i and who, afte~b , duly sworn, did depose and say that the
attached chppll gil\ty, land d~dIC~l~rn ¿ned ¡ published In the above named paper n t ted dates:
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SUBSCRIBED ~~:arYpr,,:po<J¡:~~ c ~,l:,YO!!!)~' -: ME, THIS Tuesday, MarCh"i{ZS' .
mO!!nts,ls ~bIe""t..Gity
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~f~~la;3°PHiIIS 'Texas, DAWN M. KU KENDALL
76180(81714¿l,,º-~00, , . COMMISSION EXPIRES
SEPTEMBER 13.2003
Thank You For Your Payment - - - - - ~ - - - - - - - - - - - -
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