A.

Purpose: The requirements for open space, park and recreational areas contained in this Section 51 are intended to ensure that in new residential developments in the City of Grapevine there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents of the development for open space, and neighborhood parks, containing passive or active recreational areas that are reasonably attributable to such development. In determining the size of the parcel, or parcels, that should be set aside and reserved in the manner set out in this Section 51 the City Council has taken as a benchmark the standards of the National Recreation and Park Association. It is the policy of the city that when land is dedicated or otherwise set aside and reserved for open space and park and recreational areas, such land should be in close proximity to the residential development it is designed to serve and shall be of such size, character, and dimensions as is necessary to provide usable open space and park and recreational areas.

B.

Application: A certificate of zoning compliance shall not be issued for any residential subdivision or development unless open space and park and recreational areas shall have been dedicated or set aside on the subdivision plat or in the plan for such development in accordance with the standards and criteria in this Section 51.

C.

Character and minimum area:

1.

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, e.g., open space buffer, active recreation for team or individual sports, playground, tot lot, picnic area, etc.

2.

Unique natural areas or flood plains which provide an opportunity for linkage parks may be included in areas dedicated or otherwise set aside or reserved for open space.

3.

The minimum amount of open space and park recreational area that shall be dedicated or otherwise reserved pursuant to this Section 51 shall be:

(a)

In the "R-20", "R-12.5", "R-7.5", "R-5.0", and "R-TH" Districts, 300 square feet per dwelling unit.

(b)

In all other residential districts, including the "PRD-6" and "PRD-12" Districts, the open space and recreational area requirements shall be observed.

4.

No land dedicated or otherwise reserved in compliance with this Section 51 shall have dimensions smaller than 100 feet in width and 150 feet in depth. In any development which includes wooded areas, flood plains, or other natural amenities which it is 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.

D.

Platting requirements: The director of parks and recreation, a designated parks and recreation board member, and a member of the Planning and Zoning Commission and the City Council shall compose an open space committee. The City Council representative shall be an ex officio, nonvoting member of the committee. The open space committee shall have a plat review meeting regarding each proposed land donation prior to it being submitted to the City Council. Any land dedicated or otherwise reserved under this Section 51 for open space or park and recreational area shall be shown on a plat submitted for approval by the Planning and Zoning Commission and City Council. Upon approval, said plat shall be filed of record in the county in which the property is located.

The City Council may, upon application by a developer, or other person or firm with a legal interest in the land to be developed, allow the open space and park and recreational areas required by this Section 51 to be restricted to the use and enjoyment of residents of the particular development or subdivision. The City Council may grant such request whenever it finds: (1) that the public open space and park and recreational areas required by this Section 51 cannot be effectively and efficiently integrated into the public park system of the city; (2) that the open space and park and recreational needs of the residents of the development or subdivision can be supplied by the reservation of private open space and recreational areas at least as adequately as by the dedication of public park land; and, (3) that the developer or subdivider has complied, or will comply, with the requirements of Section 51.F, below. Such open space and park and recreational areas shall be clearly noted on the plat or master development plan as "private open space or private recreational land" at the time of submission to the city for action by the Planning and Zoning Commission and City Council.

E.

Payment of cash in lieu of reservation of open space or park and recreational areas: In any case in which the land required to be dedicated or otherwise reserved by this Section 51 would be less than 30,000 square feet, the developer or subdivider shall, and in all other instances the City Council may, upon finding that the park and recreational needs of a proposed development would be better served by the expansion or improvement of an existing park, require that the developer or subdivider pay the City of Grapevine a sum of money that is equal to the fair market value of the land that would be required to be dedicated or otherwise reserved for open space or park and recreational areas pursuant to this Section 51 in lieu of such dedication or reservation. A developer or subdivider may, with the consent of the City Council, as an alternative to, and in lieu of, dedicating or otherwise reserving land for open space or park and recreational purposes, pay the aforesaid sum to the City of Grapevine. Said payment shall be made in the form of a cashier's check or other cash equivalent including an irrevocable letter of credit on a form approved by the city attorney and with a bank or financial institution acceptable to the city and delivered to the Director of Planning Services. Said payment shall be due before the city approves any construction plans for work authorized by Appendix E, or when construction plans are not required by Appendix E payment shall be due at the time the plats are accepted for filing. Title to all payments, in whichever approved form of payment is used, shall vest in the city immediately upon approval of the final plat by the City Council. All such payments: (1) shall be segregated in a separate fund and used only for the acquisition and improvements of open space and park and recreational areas within the City of Grapevine that will meet the needs of the residents of the development or subdivision in respect of which such payment was made; (2) shall be expended on the acquisition or improvements of park land that is not more than one mile from the development or subdivision, or within two miles from the development or subdivision in the event the City Council determines and finds that it is not feasible, practical or advantageous to expend the funds within the one mile distance; (3) if not expended within three years of receipt, or unconditionally committed to be expended, shall be refunded to the developer or subdivider.

F.

Maintenance: If the open space and recreational areas required by this Section 51 are to remain private, such areas shall be maintained by and deeded to a homeowners' association, or a trustee. No plat or master development plan containing a reservation of private open space and recreational areas shall be approved until the applicant shall have filed with the zoning administrator a declaration of the covenants and restrictions that will govern such association or trustee, and received approval of the same from the Planning and Zoning Commission and the City Council. Such instrument shall be approved by the city attorney as to legal form and effect, and by the Planning and Zoning Commission as to the suitability of the proposed use of the proposed open space and recreational areas.

The covenants and restrictions, when submitted, shall provide for establishment of the homeowners' association or trust prior to the sale of any part of the property; that open space restrictions and maintenance shall be permanent; that the homeowners are liable for the payment of maintenance fees and capital assessments; that unpaid homeowners' fees and assessments will be a lien on the property of the delinquent homeowners; that the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance; that membership shall be mandatory for each homeowner and any successive buyer; and, that each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions.

(Ord. No. 85-19, § 1(F), 4-16-85; Ord. No. 85-38, § 1(C), 8-20-85; Ord. No. 85-85, § 1(B), 12-17-85; Ord. No. 86-46, § 1(E), 7-15-86; Ord. No. 86-77, § 2, 12-16-86; Ord. No. 87-58, § 1(E), 9-15-87; Ord. No. 92-26, § 1D., 5-19-92; Ord. No. 2006-23, § 1, 3-21-06; Ord. No. 2024-111, § 51, 12-17-24)