HomeMy WebLinkAboutOrdinance 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