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

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Section 6.02 Open Space, Parkland, and Facilities A. Community Amenity Center(s). This center serves as the gathering space and recreation center for the residents of the entire Cotton Center community. It shall be a minimum of three (3) acres. On-site parking shall be provided, as well as parking on adjacent streets. Facilities shall include a hardscaped plaza, shade structures, restrooms, picnic tables, playground equipment, pool, and meeting room(s), and may include a basketball court(s). On -Site Trees shall be provided at a rate of one (1) tree per 1,000 square feet of undeveloped area and shall be a minimum of two (2) inch caliper. A minimum of 50% of required trees must be shade trees. It is hereby acknowledged that there may be more than one Community Amenity Center within Cotton Center. Owner, the HOA, or the MUD will maintain the Community Amenity Center(s) before and after annexation, as shown in Section 6.05. B. Neighborhood Parks. Neighborhood Parks serve as the gathering space and recreation center for the surrounding neighborhoods. Neighborhood Parks are also intended to become City Owned Parks following annexation. Owner, the HOA, or the MUD will maintain the Neighborhood Parks prior to Annexation and the City will maintain the Neighborhood Parks after annexation, as shown in Section 6.05. Therefore, criteria for Neighborhood Parks shall ensure that said facilities will be of a size and character that is appropriate for acceptance by the City following annexation. The following provisions apply to Neighborhood Parks: 1. There shall be a minimum of four (4) Neighborhood Parks in Cotton Center and more than one (1) Neighborhood Park may be provided within a single Sub -District. 2. Neighborhood Parks shall be platted lots and remain "Common Area" until annexation and transfer of ownership occurs, following annexation by the City. 3. At least four (4) Neighborhood Parks shall be a minimum of 8 acres (unless reduced in accordance with Section 16.01b.). 4. Ninety (90%) percent of single-family residential lots shall be no more than one-half (1/2) mile from any Neighborhood Park (measured from the outside boundaries of the neighborhood park). 5. Neighborhood Parks shall be bounded by an improved public street on at least one side. 6. Neighborhood Parks shall provide street trees within the first twenty feet (20') of the park site behind the right-of-way spacing at a rate of one (1) tree per 40 lineal feet of street frontage. The remainder of the park shall be planted at a ratio of one (1) tree per 5,000 square feet of remaining gross park area. The HOA or the MUD will be responsible for irrigating these newly installed trees for up to two (2) years following planting. All trees shall be shade trees selected from the City's Approved List and shall be a minimum of two inches (2") in caliper size at time of planting. 7. Neighborhood parks shall contain a combination of turf, landscape and groundcover, and hardscape areas. There shall be no on-site parking requirement within Neighborhood Parks, unless facilities for structured recreation and community events like recreational fields and courts, swimming pools, and community rooms are provided. 9. Additional Neighborhood Parks may be created at the option of Owner for use by the community without restriction as to size. Additional Neighborhood Parks that do not meet the minimum standards of San Marcos Parks and Recreation Department shall be maintained by the HOA.