§ 6.9. Public Uses

6.9.1 Recreation Areas, City Facilities and Streetscapes:

A. Purpose and Authority: The City of Santa Fe has considered the projected growth in population and development within the municipality and determined that park and recreational facilities are needed to accommodate such growth as stated in the Comprehensive Plan and Parks Master Plan. Increased population growth also affects the city's general appearance by affecting the physical condition of streetscapes, neighborhoods, public spaces and business districts. The purpose of this Section is to ensure that there will be sufficient support of existing Community Parks or the creation of new, drug-free Neighborhood Parks which will meet the demand and needs of future residents for open space and parks. Support is also needed to beautify and improve the general appearance of the City as it grows.

The regulations contained in this Section have been adopted under the authority of the Texas Local Government Code, Chapter 212 - Municipal Regulations Of Subdivision And Property Development, Chapter 51 - General Powers of Municipalities, and the Home Rule Charter of the City of Santa Fe.

The City of Santa Fe has Community Parks which service the entire municipality. These parks require continued improvements to meet the needs of a growing population. As new residential units are permitted, a Community Park fee will be assessed for each unit. This per unit price shall be established by City Council, incorporated in the master permit fee schedule, and revised from time to time as needed by the City Council with a recommendation from the Parks Board. Community Park fees shall be held in reserve and used solely for the improvement and maintenance of existing and future Community Parks as well as city beautification projects that create a pleasant community appearance.

(Ordinance No. 06-2014 of September 11, 2014)

B. Neighborhood Park requirements: Drug-free Zone Neighborhood Parks are encouraged within individual developments. Drug-free Neighborhood Parks are intended for recreation and are open to the public. Certain playground equipment is required and must include three (3) or more separate apparatus intended for the recreation of children, such as slides, swing sets, and teeterboards. Community Park fees shall be fully mitigated with the development of a Neighborhood Park when minimum requirements are met.

1.

Additional minimum amenities.

A Neighborhood Park must have minimum amenities in order to get full Community Park fee credit (in addition to playground equipment, provide two (2) out of the following):

a)

Covered pavilion

b)

Hike/bike/walking trail

c)

Hard surface court - basketball or tennis

d)

Ball field - soccer, baseball or football

e)

Picnic tables (one (for each 10,000 sq. ft.)

f)

Park benches (one for each 7,500 sq. ft.)

g)

Lighting

2.

Pocket Parks are allowed within phased subdivisions so long as an overall park plan is submitted and meets minimum amenities. Minimum size of pocket park one-quarter (¼) acre.

3.

A Neighborhood Park must front on a public road with at least forty (40) feet of frontage.

4.

A Neighborhood Park must be recommended by the Parks Board and approved by the Planning and Zoning Commission before a final plat is approved for the first phase of a subdivision.

5.

Neighborhood Parks must be maintained by the Home Owners Association. Documentation must be provided at time of final plat submittal.

6.

Trees required:

a)

One eight-foot tall, two-inch caliper tree, measured four (4) feet above ground level, (developer's choice) per twenty-five hundred (2,500) sq. ft. of park area.

b)

Existing trees of above minimum size can be used to meet tree requirements. Documentation required showing location and size of existing trees used to meet requirements

7.

Construction of Neighborhood Park must be completed before building permits are issued.

8.

Neighborhood Park areas shall be marked on preliminary and final plat as "Reserved for park and/or Recreational purposes."

C. Other Recreation Reservations: The provisions of this section are minimum standards. None of the paragraphs above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.

D. Alternative Procedure—Money in Lieu of Land : Where, with respect to a particular subdivision, the reservation of land required pursuant to this section does not equal the percentage of total land required to be reserved in Section 6.9(l)A, the Planning Commission shall require, prior to final approval of the subdivision plat, that the applicant deposit with the City Council a cash payment in lieu of land reservation. Such deposit shall be placed in a Neighborhood Park and Recreation Improvement Fund to be established by the City Council. The deposit shall be used by the City of Santa Fe for improvement of a neighborhood park, playground, or recreation area including the acquisition of property. The deposit must be used for facilities that actually will be available to and benefit the persons in the subdivision for which payment was made and be located in the general neighborhood or subdivision. The Planning Commission shall determine the amount to be deposited, based on the following formula: two hundred dollars ($200) multiplied by the number of times that the total area of the subdivision is divisible by the required minimum lot size of the zoning district in which it is located, less a credit for the amount of land actually reserved for recreation purposes, if any, as the land reserved bears in proportion to the land required for reservation in Section 6.9(l)(a), but not including any lands reserved through density zoning.

E. Applicability to Land Utilizing Average Density . Any subdivision plat in which the principle of average density of flexible zoning has been utilized shall not be exempt from the provisions of its section, except as to such portion of land which is actually dedicated to the City of Santa Fe for park and recreation purposes. If no further area, other than the area to be reserved through averaging, is required by the Planning Commission, the full fee shall be paid as required in Section 6.9(l)(d). If further land is required for reservation, apart from that reserved by averaging, credit shall be given as provided by Section 6.9(l)D.

F. Other Recreation Reservations : The provisions of this section are minimum standards. None of the paragraphs above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.

(Ordinance No. 24-2007 of September 13, 2007; Ordinance No. 03-2008 of January 24, 2008, Secs. 1, 2; Ordinance No. 08-2008 of April 10, 2008, Secs. 1, 2)

6.9.2 Other Public Uses :

A. Plat to Provide for Public Uses : Except when an applicant utilizes planned unit development or density zoning in which land is set aside by the developer as required by the provision of the Zoning Ordinance, whenever a tract to be subdivided includes a school, recreation uses [in excess of the requirements of Section 6.9L, or other public use as indicated on the Comprehensive Plan or any portion thereof, the space shall be suitably incorporated by the applicant into its sketch plat. After proper determination of its necessity by the Planning Commission and the appropriate City of Santa Fe official or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats.

B. Referral to Public Body : The Planning Commission shall refer the sketch plat to the public body concerned with acquisition for its consideration and report. The Planning Commission may propose alternate areas for such acquisition and shall allow the public body or agency 30 days for reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.

C. Notice to Property Owner : Upon a receipt of an affirmative report, the Planning Commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.

D. Duration of Land Reservation : The acquisition of land reserved by a public agency on the final plat shall be initiated within twelve (12) months of notification, in writing, from the owner that he intends to develop the land. Such letter of intent shall be accompanied by a sketch plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed 12 months shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for development in accordance with these regulations.