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HomeMy WebLinkAbout97-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 97-23 File Number: 2023-650 PARK IMPACT FEE STUDY: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ENGAGE A CONSULTANT TO PERFORM A PARK IMPACT FEE STUDY WHEREAS, the City of Fayetteville has long valued the benefits of parks as evidenced by the adoption of the first parkland dedication ordinance in 1981 but, as the City has grown, development patterns have changed and park needs have changed; and WHEREAS, the new Parks and Recreation System Master Plan adopted on March 7, 2023 recommends updating the City's method of assessment for park impacts and sets a goal of providing park and trail opportunities within a 10- minute walk of every resident; and WHEREAS, the current ordinance does not allow targeted acquisition which is critical to creating a park system that best serves our growing city; and WHEREAS, this Resolution will allow staff to proceed with identifying a qualified consultant using the City's professional selection process and a separate resolution will be presented to the City Council to approve a contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to engage a consultant to perform a Park Impact Fee study. PASSED and APPROVED on April 18, 2023 Page 1 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF APRIL 18, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs DATE: SUBJECT: Park Impact Fee Study RECOMMENDATION: A resolution to approve engaging a consultant to perform a park impact fee study. BACKGROUND: 2023-650 The City of Fayetteville has long valued the benefits of parks as evidenced by adopting its park land dedication ordinance in 1981. This set a precedent for the state. Still, Fayetteville and Bentonville are the only two cities in Arkansas that we are aware that have a park land dedication ordinance or impact fee requirement. Our ordinance has been amended several times to adapt to different circumstances such as adding and omitting minimum park requirements and updating the ratio that determines fees and amount of land to be dedicated. The ordinance applies to residential lot splits, subdivisions, large scale developments, planned zoning districts, large scale site improvement plans, and small scale site improvement plans; provided that these requirements shall not apply to a lot split or subdivision that does not create one (1) or more vacant lots on which a residential structure could be erected pursuant to the Unified Development Code, and give the developer the option to dedicated land of their choice or fee in lieu. The ordinance has generated approximately $10,738,686 for park land acquisition and development and 290 acres of park land since being adopted. The past six years have generated approximately $3,758,940 and just over 33 acres. Of those 33 acres, only approximately 5.5 are suitable for anything other than a sitting space and much is in the floodway and floodplain. DISCUSSION: While the current park land dedication ordinance has served the city well for many years, as the city has grown, development patterns have changed and park needs have changed, and a new process for offsetting impacts to the park system is needed. During the time the ordinance was adopted, land was developing in large tracts, in less dense patterns, which afforded the opportunity to plan for adequate parks through park land dedication. Development patterns have shifted towards a denser form, on smaller parcels, which limits opportunity for the dedication of quality park land to meet the needs of the development in that area. We are at a moment where we have adequate park acreage; however, we still have gaps in park service. Most Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 of our park acreage is on the periphery of the city in large regional and community parks. Some areas central to the city are not adequately served by park and greenspace, and targeted acquisition is necessary to fill the gap. Our current ordinance severely limits where we can gain land; and in fact, has prevented us from acquiring suitable park land where we need it. Most of the land that has been dedicated in the last five years has been undevelopable land, providing for conservation park. The city strives to provide a variety of types of parks, and spaces for active parks have been minimal. A new Park and Recreation System Master Plan was adopted earlier this year that recommends updating the way we assess for park impacts. Additionally, it sets a goal to provide park and trail opportunities within a 10- minute walk of every resident. The current ordinance does not allow targeted acquisition which is critical to creating a park system that best serves our growing city. If approved, staff would move forward with selecting a qualified consultant using our selection process and a separate resolution will be proposed to approve a contract. BUDGET/STAFF IMPACT: Funding has been approved for this study in the current 2023 budget. If approved, a separate resolution will be and submitted to approve a contract. ATTACHMENTS: 2023 Imapct Fee Proposal SRF, PLD Ord Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-650 Park Impact Fee Study A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ENGAGE A CONSULTANT TO PERFORM A PARK IMPACT FEE STUDY WHEREAS, the City of Fayetteville has long valued the benefits of parks as evidenced by the adoption of the first parkland dedication ordinance in 1981 but, as the City has grown, development patterns have changed and park needs have changed; and WHEREAS, the new Parks and Recreation System Master Plan adopted on March 7, 2023 recommends updating the City's method of assessment for park impacts and sets a goal of providing park and trail opportunities within a 10-minute walk of every resident; and WHEREAS, the current ordinance does not allow targeted acquisition which is critical to creating a park system that best serves our growing city; and WHEREAS, this Resolution will allow staff to proceed with identifying a qualified consultant using the City's professional selection process and a separate resolution will be presented to the City Council to approve a contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to engage a consultant to perform a Park Impact Fee study. Page 1 Alison Jumper Submitted By City of Fayetteville Staff Review Form 2023-650 Item ID 4/18/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/29/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: A resolution to approve engaging a consultant to perform a park impact fee study. Budget Impact: n/a n/a Account Number Fund n/a n/a Project Number Project Title Budgeted Item? Yes Total Amended Budget $ - Expenses (Actual+Encum) Available Budget $ Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20221130 Previous Ordinance or Resolution # Approval Date: (1) Parkland Dedication. Applicability. The requirements of this subsection shall apply to residential lot splits, subdivisions, large scale developments, planned zoning districts, large scale site improvement plans, and small scale site improvement plans; provided that these requirements shall not apply to a lot split or subdivision that does not create one (1) or more vacant lots on which a residential structure could be erected pursuant to the Unified Development Code. Residential Development. (a) Dedication or Fee -in -Lieu. When a proposed residential development does not provide an area or areas for a public park based on the Fayetteville Parks and Recreation Plan, the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition and development of park land that serves the subdivision or development. (b) Parks and Recreation Advisory Board. Prior to the submittal of a preliminary plat, large scale development plan, or large site improvement plan the developer shall submit to the Parks and Recreation Advisory Board a concept plat or plan. (c) Planning Commission. The developer and the Parks and Recreation Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication. In the event that they are unable to agree, the developer and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. (d) Decision. If the developer proposes to dedicate land for a public park after consultation with the Parks and Recreation Advisory Board which the Planning Commission determines is suitable for park purposes, the proposed dedication shall be accepted. Upon consent and consultation with the developer and the Parks and Recreation Advisory Board, a developer may dedicate a portion of the required park land dedication and make a contribution of money in lieu of land dedication for the remaining park land dedication requirement. With consent of the Parks and Recreation Advisory Board, this monetary contribution may be used to develop the park land in the development or elsewhere within the quadrant consistent with the Fayetteville Parks and Recreation Plan. (e) Approval. The Planning Commission's decision must be incorporated into the developer's preliminary plat, large scale development, or large site improvement plan prior to plat or plan approval. (f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for each single-family dwelling unit and 0.020 acres of land for each multi -family dwelling unit. (g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made according to the following formula: $1,089.00 for each single-family unit. $952.00 for each multi -family unit based upon actual density. The Parks and Recreation Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review. (h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds the requirement of this subsection, the developer shall make a written request to the Planning Commission who may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant. (iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city signs the final plat, or issuance of building permits for a large scale development or large site improvement plan. A final plat shall not be released for recordation until the deed for a land dedication is received. Deeded land is dedicated public park land and not subject to any right of reversion or refund. A cash contribution in lieu of required land development shall be payable before the city signing the final plat, or issuance of building permits for a large scale development or large site improvement plan. With the approval of the planning commission a developer may pay such contribution in three (3) equal installments to be paid in full within one (1) 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 (1) 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. (iv) 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. Lots created for the purpose of park land dedication to serve the residents of the surrounding area shall not be subject to POA/HOA dues or other fees established for maintenance or other purposes within the neighborhood. (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 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.