HomeMy WebLinkAboutOrdinance 4864 ORDINANCE NO, 4864
AN ORDINANCE TO AMEND § 166,03 (K) PARK LAND
DEDICATION OF THE UNIFIED DEVELOPMENT CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council , of the City of Fayetteville, Arkansas hereby
repeals §166.03 (K) Park land dedication and enacts a new §166.03 (K) Park land
dedication attached as Exhibit "A" in its stead. N.. �jjl TRS
A. G\SY •0� °° GP.
PASSED and APPROVED this 2"d day of May, 2006. :A?
; FAYETTEVICLECb
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APPROVED: ATTEST: °-,ss• 0Ns •J�
By: By:
AANCOMayor S RA SMITH, City Clerk
Exhibit "A"
(K) Park land dedication. monetary contribution may be used to
develop the park land in the
(1) Subdivision. development or elsewhere within the
quadrant consistent with the
(a) Dedication or fee-in-lieu. When a Fayetteville Parks and Recreation Plan.
proposed subdivision does not provide
an area or areas for a public park based (e) Approval. The Planning Commission's
on the Fayetteville Parks and Recreation decision must be incorporated into the
Plan, the developer shall be required to developer's preliminary plat or large
make a reasonable dedication of land scale development plan prior to plat or
for public park facilities, or to make a plan approval.
reasonable equivalent contribution' in
lieu of dedication of land, such (f) Dedication ratios. Land shall be
contribution to be used for the dedicated at a ratio of .024 acre of land
acquisition and development of park for each single-family dwelling unit and
land that serves the subdivision or .017 acre of land for each multi-family
development. dwelling unit.
(b) Parks and Recreation Advisory Board. (g) Fee-in-lieu formulas. A contribution in
Prior to the submittal of a preliminary lieu of land dedication shall be made
plat or large scale development plan, the according to the following formula:
developer shall submit to the Parks and
Recreation Advisory Board a concept $960.00 for each single-family
plat or plan. unit
5680.00 for each multi-family unit
(c) Planning Commission. The developer
and the Parks and Recreation Advisory based upon actual density. The
Board shall make a joint Parks Department shall review the
recommendation $ to the Planning . contribution formula every two (2) years
Commission as to the land dedication or and make recommendations to the City
contribution in lieu of dedication. In Council following such review.
the event that they are unable to agree,
the developer and advisory board shall (h) Dedication in excess. If a developer
make separate recommendations to the wishes to dedicate park land which
Planning Commission who ' shall exceeds the requirement of this
determine the issue. subsection, the developer shall make a
written request to the Planning
(d) Decision. If the developer proposes to Commission who may grant the
dedicate land for a public park after developer a credit equivalent to said
consultation with the Parks and excess. Said credit shall be applied
Recreation Advisory Board which the toward the developer's obligation under
Planning Commission determines is this subsection for any subsequent
suitable for park purposes, the proposed development located in the same park
dedication shall be accepted. Upon quadrant.
consent and consultation with the
developer and the Parks and Recreation (2) Timing of dedication and/or
Advisory Board, a developer may contribution. All dedications of land
dedicate a portion of the required park must be made before final plat approval
land dedication and make a contribution or large scale development approval. A
of money in lieu of land dedication for final plat shall not be released for
the remaining park land dedication recordation until the deed for a land
requirement. With consent of the Parks dedication is received. Deeded land is
and Recreation Advisory Board, this dedicated public park land and not
subject to any right of reversion or be refunded to the developer who made the
refund. A cash contribution in lieu of contribution.
required land development shall be
payable within 30 days of final plat
approval or large scale development
approval. With the approval of the
Planning Commission a developer may
pay such contribution in three equal
installments to be paid in full within one
year of final plat approval. If a
developer makes a cash contribution in
lieu of land dedication, the developer
shall be entitled to a pro rata refund,
together with the accrued interest
therefrom, in the event actual density is
less than the density used as the basis
for the developer's contribution;
provided, no refund shall be made
unless application therefore is made in
writing to the Zoning and Development
Administrator within one year from the
date of final plat approval. In the event
actual density is more than the density
used as the basis for a dedication of
land or case contribution the developer
must make an additional land dedication
or contribution in lieu of dedication.
(3) Applicability. The requirements of this
subsection shall apply to lot splits,
replats of subdivisions and large scale
developments; provided, ' said
requirements shall not apply to a lot
split or replat which does not create one
or more vacant lots on which a structure
could be erected under the city's zoning
regulations.
(4) Zoning Requirements. Lots created for
the purpose of park land dedication
shall not be required to meet the
standards for lot size, bulk and area
within any zoning district.
(5) Fee-in-lieu allocation. All money received
under this subsection shall be deposited in an
interest bearing account. Said money together
with the interest, shall be expended within three
calendar years of the last date of the calendar
year in which it was received for the acquisition
and development of park land that services the
subdivision for which a contribution in lieu of
dedication has been made. If said money has not
been expended within the three-year period, said
money, together with the interest thereon, shall
4
City of Fayetteville
Staff Review Form
City Council Agenda Items � �66 Qj
or CK) Parkd
Contracts
�c c(-t cw'h ars
4/18/2006
City Council Meeting Date
Connie Edmonston Parks & Recreation Operations
Submitted By Division Department
Action Required:
Approval of an ordinance amending the Unified Code of Ordinances to modify the Park Land Dedication Ordinance.
N/A $
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached O
Previous Ordinance or Resolution # 4454
Department 15irector Date Original Contract Date:
// ll Original Contract Number:
City Ati ey Date
Received in Cit lerk's ffice
_ . SZ
06
Finance and Internal Service Director Date
&I
Received in Mayor's Office I
ZK I
M or Date
Comments:
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Taye
KANSAS 113W. Mountain St.
le, AR 72701
THE CITY OF FAYETTEVILI;E ARKANSAS Fhone: (479) 444-346
� Telephone: (479) 444-3469
PARKS AND RECREATION DIVISION CORRESPONDENCE
To: Mayor Dan Coody and City Council Members
Thru: Gary Dumas, Director of Operations P //' ,
Connie Edmonston, Parks and Recreation Directa
From: Alison Jumper, Park Planner
Date: March 30, 2006
Subject: Park Land Dedication Ordinance Amendments
* Parks and Recreation Advisory Board and Planning Commission have forwarded this
recommendation to City Council to consider for approval.
BACKGROUND
The Park Land Ordinance was adopted in 1981 requiring developers to dedicate land for parks or
make a reasonable contribution of money in lieu of land dedication. The City has received 33
parcels of park property which combine to create approximately 26 parks, trails and natural
areas. Over the past 25 years, approximately $3 . 1 million has been accumulated.
Money acquired through the Ordinance can only be used for the acquisition and development of
park land and must be spent within three years of the last date of the year in which it was
received. The money must also be used in the same park quadrant as the development that made
the dedication.
Amounts received in each quadrant since the Ordinance was adopted in 1981 are $583, 198 in the
NE quadrant, $ 1 , 174,380 in the NW quadrant, $646,510 in the SE quadrant and $741 , 127 in the
SW quadrant. Improvements have been made to 28 parks. Park improvement and development
projects utilizing these funds include Walker Skate Park, Lake Fayetteville bridge and trail,
Bryce Davis Park, Bundrick Park, Braden Park, Bayarri Park, Gulley Park, Lewis Soccer
Complex, Walker Park tennis and basketball renovations, and Greathouse bridge
As shown in the attachments, Park Land Dedication funds have made a significant difference in
the development of new .parks as well as renovations and additions to old ones. Additionally, the
Ordinance has provided over 157 acres of park land, green space and trails for our park system.
The impact this ordinance has made on parks and recreation in the City of Fayetteville is
invaluable.
The impact this ordinance has made on parks and recreation in the City of Fayetteville is
invaluable.
CURRENTSTATUS
The Park Land Dedication Ordinance requires Parks and Recreation to review the contribution
formula every two years and make recommendations to the City Council from such review.
UDC 166(K)(1 )(g)
The fee in lieu formula was last reviewed in 2002 and the Ordinance was updated in January
2003 . The average cost per acre increase for the past two reviews has been 23 percent in 2002
and 25 percent in 1999. (See attached document for fee increases.)
Parks and Recreation Staff is recommending the following amendments to the Park Land
Dedication Ordinance.
1 . Updating the average cost per acre for determining the fees in lieu from $23, 125
to $40,000. UDC 166(K)( 1 )(g)
2. Requiring residential developments under one acre to be subject to the Park Land
Dedication Ordinance. UDC 166(K)(3)
• This would require infill projects less than one acre to meet the
requirements of the Park Land Dedication Ordinance as do all other
residential developments.
3 . Deleting the "manufactured home" designation from the ordinance and including
them as single family residences. UDC166(K)(1 )(g)
• Manufactured homes are assessed the same fee as a single family
residence.
4. Deleting the "major development" subsections of the ordinance.
UDC 166(K)(7)(a)(b)(c) Currently the Ordinance requires a land dedication for
developments containing 100 units or more, or 40 acres or more. A resolution by City
Council is required to be approved if development is not dedicating the full
requirement of land, often adding more time to the review process.
• All residential developments are evaluated by criteria approved by PRAB
regardless of their size.
• In determining if park land is needed in a development, Park Staff utilizes
the Parks and Recreation Master Plan, Fayetteville Alternative
Transportation and Trails Master Plan, and current park property service
areas.
5 . Add the requirement of a written request to bank land for future development.
• This written request will minimize any confusion when future development is
reviewed and banked land is requested.
DISCUSSION
Since our Park Land Dedication was last reviewed in 2003, the cost per acre value has not
increased with the market value. With this inequity in value of land versus money in lieu, it is
often difficult to obtain park land due to the monetary advantage of the developer paying money
in lieu of dedicating land.
In order to develop parks and to increase the recreational value of land and homes around it, the
Park Land Dedication formula should maintain parity with current property values and address
the impact created from new subdivisions. We strive to enrich the quality of life with parks and
recreational opportunities for our citizens. By keeping the formula in balance with the current
market, we can create a win-win situation for parks and recreation and the citizens of
Fayetteville.
When the Park Land Dedication Ordinance was adopted in 1981 , a formula was created to justify
the amount of park land required as well as the money in lieu. (See attached formula and
explanation.) Parks and Recreation Staff began reviewing the average cost per acre in June 2005 .
Several methods were researched to determine the most accurate way of determining the average
cost per acre.
1 . The first method included gathering land sale information from the Washington County
Assessor's office on parcels sold within the city limits in 2004. This data was merged with the
City's zoning to determine the cost of land for multi-family versus single family zoning. The
averages were $2,052,538 for single family parcels and $2,200,439 for multi-family parcels. This
included parcels that were subdivided into lots with existing infrastructure. Parcels less than one
acre were taken out of the equation in order to remove the parcels with infrastructure; however,
the averages were still very high. This method was presented to Parks and Recreation Advisory
Board (PRAB) for their review and evaluation. Due to the high average cost per acre, a new
approach was taken.
2. The second approach considered using the actual sale price of land to determine the fee in
lieu amount, making the fees unique to each development. This method was presented at two
public meetings in November 2005. After comments from the public and further evaluation of
this approach, Staff noticed several downfalls of this method including a cumbersome formula to
determine fees, lack of consistency for the developers, and an opportunity for inaccurate sale
prices and special land deals to affect fees.
3 . Staff recommended using the sale price from the Washington County Assessor to
determine the average cost per acre within the city limits. It was determined that using an
average cost per acre city wide would be the most equitable method.
An average cost per acre of $49,082 was presented to PRAB at the December 2005 Board
meeting. This number was based on parcels over 5 acres sold within the Fayetteville city limits
in 2005 . PRAB made the following motion:
In January, the Board lost four members and gained four new members. In an effort to bring new
Board members up to date, the history of the update process was presented, as well as the new
information. PRAB requested Staff to obtain updated data from Washington County records to
provide the most accurate and up to date average. Data was presented at the January PRAB
Orientation to determine a firm number for the fee in lieu. Again, the data included parcels of
over 5 acres sold within the Fayetteville city limits in 2005. The average increased to $67,225 an
acre.
Staff presented a final recommendation of $36,250 which was the median of the cost per acre
(see *number on data spreadsheet) to PRAB for the fee in lieu amount at the February 6`h 2006
PRAB meeting. The average cost per acre of land was $67,225 per acre. PRAB made the
following recommendation:
Langsner moved to keep the $40,000 fee per acre for park land dedication. Davis
seconded the motion. The Board approved with a vote of 8-0-0.
Proposed Updated Formula
Housing Type Persons/ Acres/ Acres/ Cost/ Feein
unit 11000 Pop, unit acre lieu/unit
SINGLE FAMILY 2.39 10 .024 $40,000 $960
MULTI FAMILY 1 .7 10 .017 $40,000 $680
Other ordinance amendments as listed above were approved by PRAB at the December 5`h 2005
PRAB meeting. (See attached minutes.)
On February 27`h, 2006 Planning Commission forwarded this item to Council with a favorable
recommendation. (See attached minutes.)
RECOMMENDATION
Parks and Recreation Staff recommends making the above outlined amendments to the Park
Land Dedication Ordinance.
attachments: Park Land Ordinance past increases
Average cost per acre spreadsheet
February 6, 2006 PRAB minutes
December 5, 2005 PRAB minutes
February 27, 2006 Planning Commission minutes
Park Land Dedication Expenditures
Park Land Dedication Land and Money in Lieu History
Park Land Dedication Formula Explanation
Lands Received Through the Park Land Dedication Ordinance
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY -
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
CC : Gary Dumas, Director of Operations
Connie Edmonston, Parks & Recreation Division Head
FROM: Kit Williams, City Attorney
DATE: April 4, 2006 9
RE: Park Land Dedication Ordinance -- §166.03 (K) of the U.D.C.
The Parks Department and Parks and Recreation Advisory Board have
proposed several changes to the long time Park Land Dedication Ordinance. This
was the first and only impact fee ordinance for the City of Fayetteville for decades
and was initially challenged all the way to the Arkansas Supreme Court. When
the legislature decided to enact an impact fee statute (A.C.A. § 14-56- 103), I was
able to convince Senator Bisbee and Representative Ledbetter to "grandfather in"
our Park Land Dedication Ordinance in the last subsection of that Act.
"(3) In addition, a municipality with a park land or
green space ordinance that has been in existence for
ten ( 10) years on July 16, 2003 , and any amendments
to the ordinance, which allows the option to pay a fee
or to dedicate green space or park land in lieu of a fee,
may continue to be administered under the existing
ordinance." A.C.A. § 14-56- 103 (i)(3).
We owe Senator Bisbee and Representative Ledbetter our thanks because
without this statutory provision, we might have had to conduct and pay for an
expensive impact fee study for a new parkland ordinance.
Attached is the ordinance replacing the old § 166.03 (K) with a new § 166.03
(K) attached as Exhibit A. The new § 166.03 (K) updates the fees per dwelling
unit pursuant to a land valuation of $40,000.00 to $960.00 for single family and
$680.00 for multi-family unit. Subsection (d) is also rewritten to ensure the
developer has the option to provide suitable land for park purposes within the
developer's subdivision. Thus, no developer would be required to pay money in
lieu of suitable park land. Subsection (g) incorporates the new fee-in-lieu of land
formulas. Subsection (h) was incorporated into subsection (g). Former
Subsection (i) is now lettered subsection (h). Subsection (6) was removed as
outdated and unneeded.
The Parks Department recommends amending subsection (3) Applicability
to include in-fill lots rather than applying this only to Large Scale Developments,
lot splits and subdivisions. Since a builder of a single house built on an in-fill lot
(currently not covered) could not dedicate park land (less than a fiftieth of an
acre), the statutory requirement of a developer having an option to dedicate land
would seem to be lacking. Therefore, for purely legal reasons, I do not
recommend changing (3) Applicability. The existing language that states the park
land "requirements shall not apply to a lot split or replat which does not create one
or more vacant lots on which a structure could be erected" conflicts with requiring
a park land fee to be imposed on a pre-existing, in-fill lot. If the City Council
wishes to try to impose this new park land dedication requirement on existing,
small in-fill lots, I shall draft such language. However, such a change may
invalidate our Park Land Ordinance.
(7) Major Development.
After seeing large neighborhood subdivisions be approved without a
neighborhood park (only monetary fees paid), as an alderman I proposed the
ordinance which required City Council approval if no neighborhood park was
proposed in a subdivision of at least 100 homes (which would equate to 2.4 acres
of park land). This ordinance became § 166.03 (K)(7) Major Development which
the Parks Department and Parks and Recreation Advisory Board recommend
eliminating.
I have drafted the replacement § 166.03 (K) without subsection (7) now
numbered "(6)", as proposed by the Parks Department with the assumption that
the City Council may wish to abandon its automatic review of a decision that a
large neighborhood subdivision does not need a neighborhood park. If an
alderman believes such a review may still be beneficial, the old subsection may be
inserted by amendment. As this is a policy decision, I cannot and will not take any
position on the merits of removing or retaining this subsection.
ORDINANCE NO,
AN ORDINANCE TO AMEND §166.03 (K) PARK LAND
DEDICATION OF THE UNIFIED DEVELOPMENT CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals
§166.03 (K) Park land dedication and enacts a new §166.03 (K) Park land dedication
attached as Exhibit "A" in its stead.
PASSED and APPROVED this 18th day of April, 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
Exhibit "A"
(K) Park land dedication. development plan prior to plat or plan
approval.
(1) Subdivision.
(f) Dedication ratios. Land shall be dedicated
(a) Dedication or fee-in-lieu. When a proposed at a ratio of .024 acre of land for each
subdivision does not provide an area or single-family dwelling unit and .017 acre of
areas for a public park based on the land for each multi-family dwelling unit.
Fayetteville Parks and Recreation Plan, the
developer shall be required to make a (g) Fee-in-lieu formulas. A contribution in lieu
reasonable dedication of land for public park of land dedication shall be made according
facilities, or to make a reasonable equivalent to the following formula:
contribution in lieu of dedication of land,
such contribution to be used for the $960.00 for each single-family unit
acquisition and development of park land $680.00 for each multi-family unit
that serves the subdivision or development.
based upon actual density. The Parks
(b) Parks and Recreation Advisory Board. Department shall review the contribution
Prior to the submittal of a preliminary plat or formula every two (2) years and make
large scale development plan, the developer recommendations to the City Council
shall submit to the Parks and Recreation following such review.
Advisory Board a concept plat or plan.
(h) Dedication in excess. If a developer
(c) Planning Commission. The developer and dedicates park land which exceeds the
the Parks and Recreation Advisory Board requirement of this subsection, the Planning
shall make a joint recommendation to the Commission may grant the developer a
Planning Commission as to the land credit equivalent to said excess. Said credit
dedication or contribution in lieu of shall be applied toward the developer's
dedication. In the event that they are unable obligation under this subsection for any
to agree, the developer and advisory board subsequent development located in the same
shall make separate recommendations to the park quadrant.
Planning Commission who shall determine
the issue. (2) Timing of dedication and/or contribution.
All dedications of land must be made before
(d) Decision. If the developer proposes to final plat approval or large scale
dedicate land for a public park which the development approval. A final plat shall not
Planning Commission determines is suitable be released for recordation until the deed for
for park purposes, the proposed dedication a land dedication is received. Deeded land
shall be accepted. Upon consent and is dedicated public park land and not subject
consultation with the developer and the to any right of reversion or refund. A cash
Parks and Recreation Advisory Board, a contribution in lieu of required land
developer may dedicate a portion of the development shall be payable within 30 days
required park land dedication and make a of final plat approval or large scale
contribution of money in lieu of land development approval. With the approval of
dedication for the remaining park land the Planning Commission a developer may
dedication requirement. With consent of the pay such contribution in three equal
Parks and Recreation Advisory Board, this installments to be paid in full within one
monetary contribution may be used to year of final plat approval. If a developer
develop the park land in the development or makes a cash contribution in lieu of land
elsewhere within the quadrant. dedication, the developer shall be entitled to
a pro rata refund, together with the accrued
(e) Approval. The Planning Commission's interest therefrom, in the event actual
decision must be incorporated into the density is less than the density used as the
developer's preliminary plat or large scale basis for the developer's contribution;