Res 2023-021R Approving a first amendment and reinstated agreement with Franklin Mountain San Marcos

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ARTICLE VI OPEN SPACE AND PARKLAND Section 6.01 General Open Space and Parkland Requirements. A. Open Space, Established. Open Space shall mean all Neighborhood Parks, Community Amenity Center(s), Pocket Parks, Drainage Ways, trails, Floodplains, and Easements illustrated in Exhibit D. All open space shall be accessible to the general public except for the Community Amenity Center(s) and Pocket Parks, access to which may be limited only to residents of all or a portion of Cotton Center. B. Parkland Established. Parkland shall be further defined as Open Space that is determined by the Parks Board as acceptable for use as an area of active recreation. For purposes of this Agreement, Parkland shall include, but not be limited to Neighborhood Parks, Pocket Parks, and open spaces that contain improved Trails. Parkland shall not include detention ponds, slopes greater than 15%, floodways, Drainage Ways that do not include trails, or all other areas that are determined by the Parks Department as insufficient for active recreation based on the nature or size of the land proposed for open space. C. Open Space General Area Requirements. A minimum of 20% of the total land area of Cotton Center shall be devoted to Open Space; provided, however, each Sub -District is not required to devote 20% of its land area to Open Space. D. Parkland General Requirements. A minimum of 50% of the open space within any Sub -District shall be devoted to Parkland at the time of Subdivision Concept Plat. Parkland shall be approved by the Parks Department as acceptable for use as an area of active recreation, prior to approval of Subdivision Concept Plat. E. Open Space and Parkland Ownership and Maintenance Prior to Annexation by the City. All Open Space and Parkland within all phases of Cotton Center shall be owned and maintained by the Owner, the HOA or MUD prior to annexation by the City. F. Open Space and Parkland Ownership and Maintenance following Annexation by the City. Following annexation by the City, the ownership and maintenance of Open Space and Parkland shall be in accordance the Sections 6.02 and 6.05 below. G. 1/4 Mile Distance. All Residential Lots shall be within i/4 mile of any one of the following: Neighborhood Park, Pocket Park, Amenity Center, or improved trails constructed of concrete, asphalt or other material approved by the San Marcos Parks and Recreation Department.