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Home My WebLink AboutOrdinance 4454 ORDINANCE N0. 4454 AN ORDINANCE AMENDING SECTION 166.03 K. I F. AND G. REQUIRED DEDICATION OF LAND FOR PUBLIC PARK SITES, OR REASONABLE EQUIVALENT CONTRIBUTION IN LIEU OF DEDICATION OF LAND, OF THE UNIFIED DEVELOPMENT ORDINANCE, TO ALTER THE CONTRIBUTION FORMULA TO REFLECT AN INCREASE IN THE AVERAGE MARKET PRICE OF LAND AND THE 2000 CENSUS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 166.03 K. 1 f. and g. Required Dedication of Land for Public Park Sites, or a Reasonable Equivalent Contribution in Lieu of Dedication of Land, of the Unified Development Ordinance, shall be deleted and the following inserted in its stead: . "1 . f. Land shall be dedicated at a ratio of .024 acre of land for each single-family dwelling unit, .017 acre of land for each multifamily dwelling unit, and .024 acre of land for each mobile home dwelling unit permitted under Zoning, Chapters 160- 165 . "1 . g. A contribution in lieu of land dedication shall be made according to the following formula: $555 for each single-family unit, $393 for each multifamily unit, and $555 for each mobile home unit permitted under the City's zoning regulations. The Parks Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review." PASSED and APPROVED this the 71h day of January, 2003 . APPROVED: By: S DAN COODY, Ma or A. Acather By: Woodruff, City Clerk i NAME OF FILE: Ordinance No. 4454 CROSS REFERENCE: Item # Date Document 1 P02/O7//0033 Staff Review Form w/attachments copy draft ordinance copy of 12/11 /02 memo to mayor/city council copy of minutes of PRAB copy of Ord. No. 4199, 11/2/99 2 memo to Connie Edmonston 3 02/08/03 Affidavit of Publication from NW Ark. Gazette NOTES : NORTHWEST ARKANSA EDITION A &was Democrat V05azjeW AFFIDAVIT OF PUBLICATION I, Ah2z�l, , do solemnly swear that I am Legal Clerk of the Arkansas Democrat-Gazette newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge andreferenceto the files of said publication , the advertisement of: was inserted in the regular editions on '* Publication Charge : s �?'D 2 Subscribed and sworn to before me this day of 2003. Notary Pu i \ � N My C issioAN N--11pVDN�N(j (EYP\T – ORDINANCE NO. 0450 — V-PT(\\^� AN ORDINANCE AMENDING SECTION 188.03 K1F. AND G. REQUIRED DEDICATION_OF LAND FOR PUBUC PARK " Pleas doh y from Affidavit. IN UUEIOR OF DEDICATION EQUIVALENT LAND OFF U"NIRm An invo ill be sent. DEVELOPMENT ORDINANCE, TOALTERTHE COMRIBURON FORMULA TO REFLECT AN INCREASE IN THE AVERAGE Cft of F'ayeftwft MARKET PRICE OF LAND AND THE 2000 CENSUS BE IT ORDAINED BY THE CRV COUNCIL OF THE CRY OF FAYETTEVILLE, ARKANSAS: SWIKII 1, That 4 188.03 K1 I. and g. Restred Dedication of Lad for Public Perk Saes or e Reasonable E1aWeent Contribution in Uau of Dedkaton of Land, of one Unsed Doveppaent Ornerence„ SW be delated end the f(VAMft Wwrteo In Its steed:. 7. L Land shd be d9diceteo at a redo of .020 Boons of land for each aegle.Wraydyeang IVnt. .017: acne of land for.eacll mddlar•y dWAM Wt, axf .024 ave of lend er each mobile horns dwelling uYt pemYfted under ZM*V. Claphn 180-185. -1. g. A conblbudon n lett Ol and d=m W slrel b made aavdag to the fang formula: $555 M each angle-farNN unt. $32 to aech m�IlfarNN wt. and 5555 er each mole nare til* par Vtted under Vre Cltya zanblg regulations. The Perks Depemnent afrae talew ins umidtwtlon fomW erery Wo (2) Years solo make recomnren0etldre to Ore Cay Cou not fdbvhg such r.Me - . PASSED end APPROVED this IN 7th day of January, 2003. APPROVED: BY DAN ODODY, Mayor ATTEST By: WoodnR, Cay Can; 212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 (501 ) 442-1700 FAYETTOILLE TIE CITY Of EAYfMVIEIE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Connie Edmonston Parks & Recreation 1 From: Clarice Buffalohead-Pearman ' Sr. Secretary Date: 2/7/2003 Re: Ord. No. 4454 Attached please find an executed copy of the above ordinance passed by the City Council January 7, 2003 amending §166.03 to alter the contribution formula to reflect an increase in average market price of land and the 2000 census. The original will be microfilmed and filed in the city clerk's office. This ordinance has been forwarded to the NWA Times for publishing. If anything else is needed please let the city clerk's office know. /cbp cc: Nancy Smith, Internal Auditor • STAFF REVIEW FORM • _XX Agenda Request — Contract Review — Grant Review For the Fayetteville City Council meeting of: January 7, 2002 FROM: Connie Edmonston Parks & Recreation Urban Development Name Division Department ACTION REQUIRED: Revision of the Park Land Dedication Ordinance Min be amended as required. COST TO CITY: $n/a $ Cost of this Request Category/Project Budget Category/Project Name $ Account Number Funds Used to Date Program Name $ Project Number Remaining Balance F un BUDGET REV -W: _Budgeted Item _Budget Adjustment Attached udget Manager Administrative Services Director CO TRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: / Z OZ cou M ager ate ADA Coordinator Date Z 3/per 4i3/a�- City Atto ey Da I ternal editor Date �p �a` 13�or Purchasing Officer Date STAFF RECO MME (DATION: Approval of ordinance revisions. AV oa 1;6ivision Head Date Cross Reference Dep mei erector Date New Item: 2 Yes No Admen's rative Services Director Date Prev Ord/Res #: a / � Mayor Aat Orig Contract Date: ORDINANCE NO. AN ORDINANCE AMENDING SECTION 166.03 K. 1 F. AND G. REQUIRED DEDICATION OF LAND FOR PUBLIC PARK SITES, OR REASONABLE EQUIVALENT CONTRIBUTION IN LIEU OF DEDICATION OF LAND, OF THE UNIFIED DEVELOPMENT ORDINANCE, TO ALTER THE CONTRIBUTION FORMULA TO REFLECT AN INCREASE IN THE AVERAGE MARKET PRICE OF LAND AND THE 2000 CENSUS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 166.03 K. 1 f. and g. Required Dedication of Land for Public Park Sites, or a Reasonable Equivalent Contribution in Lieu of Dedication of Land, of the Unified Development Ordinance, shall be deleted and the following inserted in its stead:. 111 . f. Land shall be dedicated at a ratio of .024 acre of land for each single-family dwelling unit, .017 acre of land for each multifamily dwelling unit, and .024 acre of land for each mobile home dwelling unit permitted under Zoning, Chapters 160- 165. "1. g. A contribution in lieu of land dedication shall be made according to the following formula: $555 for each single-family unit, $393 for each multifamily unit, and $555 for each mobile home unit permitted under the City's zoning regulations. The Parks Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review." PASSED and APPROVED this the 70' day of January, 2003. APPROVED: By. DRAFT DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS TO: Mayor Coody and City Council THRU: Hugh Earnest, Urban Development Director FROM: Connie Edmonston, Parks and Recreation Superintendent DATE: December 11 , 2002 SUBJECT: Park Impact Background The Park Land Dedication Ordinance was adopted on January 20, 1981 requiring developers to dedicate land for parks or pay a fee in lieu of land dedication. The City is divided into four park quadrants with Highway 71 separating the east and west quadrants and Highway 16 West/North Street and Highway 45 separating the north and south quadrants. Funds must be spent for acquisition or development of park land in the park quadrant in which it is collected. Funds must be expended within three years of the last day of the calendar year in which it was received. From 1990 until October 2002, $ 1 ,654,715 has been collected in money-in-lieu fees. There were 24 parcels of park land, consisting of 102 acres, obtained since the ordinance was originated. Current Status The Park Land Dedication Ordinance requires for the contribution formula to be reviewed every two years and the recommendations be forwarded to City Council. On June 5, 2001 , City Council approved Resolution 76-01 authorizing a contract with Duncan Associates to conduct development impact fee study for water, wastewater treatment, roads and parks. Two formulas were reviewed and revised by Duncan Associates: 1 . The 2000 U. S. Census data updated the formula to determine the acres per unit and fee-in-lieu cost per unit. (See Duncan Associate Tables 45, 46, 47, and 48.) The existing park level of service was determined to be 10. 1 acres per 1 ,000 household population. 2. The average cost of a residential acre within the city limits was provided by 4 real estate agencies and was estimated at $23, 125 . This is an increase of 23 percent over the 1999 formula of $ 18,750 per acres. The average cost per acre increased 25 percent from 1997 at $ 15,000, to 1999 at $ 18,750. Housing Current Revised Percent Current Revised Percent Type Acres/Unit Acres/Unit Change Fee-in- Fee-in- Change Lieu Lieu Single- .025 .024 4% 470 555 18% - Family Multi- .020 .017 - 15% 375 393 4.8% - Family Mobile .015 .024 60% 280 555 98% Home Duncan Associates Impact Fee Study for Parks was presented to the Parks and Recreation Advisory Board on December 2, 2002. The motion for acceptance of this study and revisions of the formulas in the Park Land Dedication Ordinance was approved unanimously. Recommendation Parks and Recreation Staff and Parks and Recreation Advisory Board recommend to accept the Duncan Associates Impact Fee Study for Parks and for the ordinance formulas to be amended as stipulated in the study. Attachments: Duncan Associates Impact Fee Study - Parks PRAB December 2, 2002 Meeting Minutes 2 PRAB Regular Meeting MINUTES OF A MEETING OF THE PARKS AND RECREATION ADVISORY BOARD December 2, 2002 The regular meeting of the Fayetteville Parks and Recreation Advisory Board was called to order at 5 :30 p.m. in Room 111 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas by Chairperson Colwell. PRESENT: Parks and Recreation Advisory Board members Colwell, Shoulders, Cook, Mauritson, Marley, and Eads; City Staff Edmonston, Gulley, Hatfield, Nelson, Wright and Audience. ABSENT: Hill, Pawlik-Holmes 2. Park Land Dedication Ordinance Update: The Park Land Dedication Ordinance requires the contribution formula be reviewed every two years and the recommendations forwarded to City Council. City Council requested the Park Land Dedication Ordinance be reviewed by Duncan Associates along with the impact fee study for wastewater, water and roads. Park staff recommends the Parks and Recreation Advisory Board approve the Duncan Associates Park Impact Fee Study with the insertion and update of the 2000 census data. The average cost of a residential acre within the city limits as provided by four real estate agencies was estimated at $23, 125. This is an increase of 23 percent over the 1999 formula of $ 18,750 per acres. The average cost per acre increased 25 percent from 1997 at $ 15,000, to 1999 at $ 18,750. The average cost per acre formula, in addition to the 2000 census data update, revised the park land dedication requirement and park fee-in-lieu as follows: Housing Current Revised Percent Current Revised Percent Type Acres/Unit Acres/Unit Chane Fee-in-Lieu Fee-in-Lieu Chan e Sin le-Famil .025 .024 -4% $470 $555 18% Multi-Family .020 .017 - 15% $375 $393 4.8% Mobile Home .015 .024 600/0 $280 $555 98% MOTION: Mr. Cook moved to recommend to City Council approval of the Duncan Associates Park Impact Fee Study with the insertion and update of the 2000 census data. Mr. Mauritson seconded the motion. Upon roll call, the motion was approved 6-0-0. December 2, 2002 / 1 PARKS Fayetteville provides a wide diversity of recreational areas and open space for its residents, from neighborhood and community parks to regional parks and trails. On November 14, 1995, the citizens passed a one-cent hotel, motel, restaurant (HMR) tax to implement the unfunded plans for existing and future park facilities. The City's current park land dedication and fee in-lieu requirement has been litigated up to the state Supreme Court. Rather than attempt to develop park impact fees, our recommendation is that the City retain this system, and update it to reflect the current level of service as well as differences in household size by housing type. Current Dedication Requirements Figure 7 The City's subdivision regulations require PARK FEE-IN-LIEU DISTRICTS developers of all new residential subdivisions to dedicate parkland or pay a fee in-lieu of dedication. Major developments comprising more than 40 acres or more than 100 housing units are required _" c f ^(r1hJ(v4.f1� �aY e to dedicate parkland unless no suitable park site is � zQ � , t i available. The dedication requirement per dwelling unit varies by housing type. The fee in-lieu of r `. f dedication is updated every two years based on the i average cost of park land. In 1994, the fees were '11 'I { based on $12,000 an acre. This was increased to ! $15,000 per acre in November 1997 and subsequently to the current level of $18,750 per acre in December 1999. The dedicationm � requirements and current fees-in-heu of dedication are shown in Table 44. The city is divided into , four quadrants, which serve as benefit districts for expenditure of the fees-in-heu (see Figure 7). The fee revenue is spent within three years in the benefit district in which it is collected. The fees may be spent on park land acquisition and development. Table 44 CURRENT PARK DEDICATION REQUIREMENT/FEE-IN-LIEU Housing Type Acres/Unit Cost/Acre Fee/Unit Single-Family 0.025 $18,750 $470 Multi-Family 0.020 $18,750 $375 Mobile Home 0.015 $18,750 280 Source: Fayetteville Subdivision Regulations, Section 159.30iKi, updated by Resolution 4199 passed November 11 , 1999, effective December 10. 1999. Fayetteville/Impact Fee Study December 9, 2002, Page 33 Household Size The current dedication requirements for single-family and multi-family units accurately reflect the differences in average household sizes between owner-occupied and renter-occupied units. However, the correlation between housing type and tenure is not precise, and actual data on household size by housing type is available from the census and should be used. The source of the dedication requirement for mobile homes is less clear, and again this should be updated using available census data. Current requirements are based on a national standard of 10 acres per thousand persons and average household sizes for owner and renter occupied units. There are a couple of problems here. One is the use of a national standard, rather than what the City actually provides, as the level of service, and this will be addressed in the next section. The main problem of concern here is that the ratios used are not comparable. This is true on three levels. First, the level of service is based on the ratio of acres of land to total permanent population, including group quarter residents. Second, the persons per unit ratios are based on the ratio of household population, excluding group quarters residents, to occupied units. Finally, the land requirement or fee-in-lieu per occupied unit is multiplied by the total number of new units. While some of these problems are counter-balancing to some extent (use of average household size excludes group quarters residents, but also implicitly assumes all new units will be occupied), the lack of comparability is troubling. To address these problems, there is a need to develop a level of service standard that is equivalent to the persons per unit ratios used in the park land dedication and fee-in-lieu requirements. Our recommendation is to base the level of service (i.e., acres per person) on household population, excluding group quarters residents, while calculating the persons per unit ratios in terms of household population divided by total units, which includes vacant as well as occupied units. Data from the 2000 census is the best available data on household population by housing type. The persons per unit ratios by housing type from the 2000 census are shown in Table 45. Table 45 PERSONS PER HOUSING UNIT Household Total Persons/ Housing Type Population Units Unit Single-Family 30,324 12,663 2.39 Multi-Family 20, 118 11 ,808 1 .70 Mobile Home 2,036 855 2.38 Total 52,478 25,326 2.07 Source: 2000 U.S. Census data for Fayetteville. Fayetteville/Impact Fee Study December 9, 2002, Page 34 Existing Level of Service The City has an excellent inventory of park land and facilities for the current effort to update the park master plan. This inventory should be used to ensure that the dedication requirement does not exceed the current level of service provided by the City. Mostpark land dedication requirements are based on the needs for neighborhood and community parks. Regional parks are typically not addressed in land dedication requirements, since no development, no matter how large, is likely to contain a suitable dedication site large enough to be a regional park. In addition, the fee-in-lieu of dedication is based on an average cost per acre, which is likely to differ significantly between regional parks, which are normally in very large tracts, often with limited development potential, and neighborhood and community parks, which are often similar to developable residential tracts. For this reason, the level of service will exclude regional parks. It will also exclude park sites that are on land owned by the school district. Undeveloped park sites owned by the City are included. Excluding regional parks and school-related facilities, the inventory of existing City neighborhood and community park sites, shown in Table 46, totals 564 acres. Table 46 EXISTING PARK INVENTORY Park Name Park Type Total Acres Bayyari Neighborhood (undev) 7.05 Braden Neighborhood (undev) 2.25 Bundrick Neighborhood 4.25 Butterfield Trail Expansion Greenway 2.64 Clarence Craft Neighborhood 4.75 Combs Special use 87.00 Crossover Undeveloped 20.00 Davis Neighborhood 9.20 Eagle Neighborhood (undev) 1 .95 Finger Neighborhood 19.00 Friendship Mini (undeveloped) 0.38 Frisco Mini (undeveloped) 0.57 Gary Hampton Special Use 16.00 Gordon Long Neighborhood 6.62 Greathouse Neighborhood 6.00 Gregory Neighborhood 19.38 Gulley Trail Greenway 13.70 Gulley Community 26.66 Hotz Mini 0.60 Veterans Memorial Community 40.00 Lake Fayetteville Softball Community 21 .26 Lewis Soccer Special use 27.00 Mt. Sequoyah Gardens Neighborhood (undev) 2.42 Mudcreek Trail Greenway 18.92 Ozark View Neighborhood (undev) 8. 16 Ralph 'Buddy' Hayes Mini 0.40 Red Oak Park Neighborhood 8.74 Fayetteville/Impact Fee Study December 9, 2002, Page 35