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Home My WebLink AboutORDINANCE 6116113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6116 File Number: 2018-0624 AMEND §166.04 (B) (3) (1) (v) FEE -IN -LIEU ALLOCATION: AN ORDINANCE TO AMEND §166.04 (B) (3) (1) (v) FEE -IN -LIEU ALLOCATION OF THE UNIFIED DEVELOPMENT CODE TO INCREASE THE PERIOD OF TIME FROM THREE YEARS TO FIVE YEARS FOR THE CITY TO EXPEND PARKLAND DEDICATION FEES WHEREAS, State law regulating impact fees requires that impact fees not expended within seven years must be refunded to the present owner of the property that was subject to the impact fee; and WHEREAS, the Unified Development Code currently requires the City to expend the Parkland fee within three calendar years or else it has to be refunded; and WHEREAS , the Parks and Recreation Department sometimes has difficulty accumulating and expending Parkland fees equitably and efficiently within the current three period and so requests that it be granted five years rather than three years to expend the Parkland fees. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals §166.04 (B) (3) (1) (v) Fee -in -Lieu Allocation. of the Unified Development Code and enacts a replacement section as follows: " (v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for the acquisition and/ or development of parkland that services the subdivision or development for which the Page 1 Printed on 11121118 Ordinance 6116 File Number: 2018-0624 contribution in lieu of dedication was made. If this money has not been expended within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee was assessed and collected." PASSED and APPROVED on 11/20/2018 Attest: "tL,ezt,d- Sondra E. Smith, City Clerk Treasurer - -.y�,V.G� � �, 0"'. . 4 k", I ��t • •G'- FAYETTEVI1-L � L JIM Page 2 Printed on 11121118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0624 Agenda Date: 11/20/2018 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 8 AMEND §166.04 (B) (3) (1) (v) FEE -IN -LIEU ALLOCATION: AN ORDINANCE TO AMEND § 166.04 (B) (3) (1) (v) FEE-IN-LIEUALLOCATION OF THE UNIFIED DEVELOPMENT CODE TO INCREASE THE PERIOD OF TIME FROM THREE YEARS TO FIVE YEARS FOR THE CITY TO EXPEND PARKLAND DEDICATION FEES WHEREAS, State law regulating impact fees requires that impact fees not expended within seven years must be refunded to the present owner of the paroperty that was subject to the impact fee; and WHEREAS, the Unified Development Code currently requires the City to expend the Parkland fee within three calendar years or else it has to be refunded; and WHEREAS, the Parks and Recreation Department sometimes has difficulty accumulating and expending Parkland fees equitably and efficiently within the current three period and so requests that it be granted five years rather than three years to expend the Parkland fees. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.04 (B) (3) (1) (v) Fee -in -Lieu Allocation. of the Unified Development Code and enacts a replacement section as follows: " (v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for the acquistion and/or development of parkland that services the subdivision or development for which the contribution in lieu of dedication was made. If this money has not been expended within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee was assessed and collected." City of Fayetteville, Arkansas Page 1 Printed on 11/20/2018 City of Fayetteville Staff Review Form 2018-0624 Legistar File ID 11/20/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Connie Edmonston 10/31/2018 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Ordinance to amend Chapter 166.04 (B)(3)(1)(v) Park Land Dedication to change the number of years in which the park land dedication funds should be expended from three (3) to five (5). Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget VZU1CUJZ7 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF _ FAYETTEVILLE r° ARKANSAS MEETING OF NOVEMBER 20, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL MEMO FROM: Connie Edmonston, Parks and Recreation Director DATE: October 31, 2018 SUBJECT: Ordinance to amend Chapter 166.04 (B)(3)(1)(v) Park Land Dedication to change the number of years in which the park land dedication funds should be expended from three (3) to five (5). RECOMMENDATION: Ordinance to amend Chapter 166.04 (B)(3)(1)(v) Park Land Dedication to change the number of years in which the park land dedication funds should be expended from three (3) to five (5). BACKGROUND: The Park Land Dedication Ordinance, adopted January 20, 1981, requires residential developers to dedicate land for parks or pay a fee in lieu of land dedication. The city is divided into four park quadrants with College Avenue separating the east and west quadrants and Wedington/North Street/Mission Boulevard 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. Currently, funds must be expended within three years of the last day of the calendar year in which it was received. For the past 36 years (1981 — 2017), over 290 acres and $7,287,530 have been collected to develop parks within our city, helping maintain a higher quality of life for our citizens. DISCUSSION: Parks Staff recommends extending the years from three to five years in which to spend the funds. Other similar funds, such as tree escrow (seven years), have longer time periods to expend funds. State statute allows up to seven years. The three-year time frame has challenged staff for the following reasons: 1. To design, bid and build projects within three years is a very short time and staff has struggled to meet this timeline. 2. There have been situations in certain park quadrants where there were not enough funds for a significant project which resulted in a phased or piecemeal project. Additional time to collect funds would have prevented this issue and made the project more efficient and beneficial to the public. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 3. The strict timeline has forced other approved projects to be delayed due to lack of personnel and inflexibility of the timeline. The extension to five years would allow staff to add these projects to the five-year plan and have appropriate time and better funding to plan, design, bid and construct these projects Current Ordinance Proposed Revision: Chapter 166.04 (13)(3)(1)(y) 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 }hr five (5) 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 throe "` yeaF peFied time allowed, said money, together with the interest thereon, shall be refunded to the developer who made the contribution. BUDGET/STAFF IMPACT: Adding two years to spend the funds would provide staff with a solid planning tool to utilize with our five-year Capital Improvement Plan and allow for better utilization of funds and overall planning of projects. Attachments: Ordinance Amendment Park/Park Land Dedication/City Council/5 Year Expenditure/SM_PLDSAmend 10 RECEIVED DEC 112018 0" OF FAY ® RTHWEST ARKANSAS Vem0ct�ette .0.20X € Ci 1 AYFTcVi AR. 72;`02 - � 9-442-1'00 •FAX: 779 Lgc_ Yri na,a• A. F 1`18 • W, r ; .x Ab,,v.c N AFFIDAVIT OF PUBLICATION I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of - CITY OF FAYETTEVILLE Ord 6116 Was inserted in the Regular Edition on: November 29, 2018 Publication Charges: $ 127.40 Cathy Wiles Subscribed and sworn to before me This 5t" day of pc�, , 2018. Notary Public My Commission Expires: S-14-25" **NOTE** Please do not pay from Affidavit. Invoice will be sent. 0 '%%0111111IBifity'�''06 A .` • .•• No;,- 9p rn e W a Chi) t1) ra0 cp • 9f, 0 Y {Sj a e as w Jn7 °Doo o. Dopa Q`� Ordinance: 6116 File Number: 2018-0624 AMEND §16694 (B) (3) (1) (v) FEE -IN -LIEU ALLOCATION: AN ORDINANCE TO AMEND §166.04 (B) (3) (1) (v) FEE -IN -LIEU ALLOCATION OF THE UNIFIED DEVELOPMENT CODE TO INCREASE THE PERIOD OF TIME FROM THREE YEARS TO FIVE YEARS FOR THE CITY TO EXPEND PARKLAND DEDICATION FEES WHEREAS, State law regulating impact fees requires that impact fees not expended within seven years must be refunded to the present owner of the property that was subject to the impact fee; and WHEREAS, lite Unified Development Code currently requires the City to expend the Parkland fee within three calendar years or else it has to be refunded; and WHEREAS, the Parks and Recreation . Department sometimes has difficulty accumulating and expending Parkland fees equitably and efficiently within the current three period and so requests that it be granted five years rather than three years to expend the Parkland fees. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals §166.04 (B)(3) (1) (v) Fee -in -Lieu Allocation. of the Unified Development Code and enacts a replacement section as follows: " (v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for she acquisition and/ or development of parkland that services the subdivision or development for which the contribution in lieu of dedication was made. If this money has not been expended -within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee %vas assessed and col lected." PASSED and APPROVED on 11/20/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74760276 Nov. 29, 2018