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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 ; 3 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: ce q Bn 41! 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;