HomeMy WebLinkAboutIR 7955 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7955
To the Mayor and Members of the City Council
cx rbSubject:
October 10, 1995
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REVISIONS TO THE PARK DEDICATION POLICY
In 1977, the City Council approved a Parkland Dedication Policy as a part of the City's
Subdivision Ordinance. This policy was recommended to the Council by a special study
committee, the Plan Commission and the Park and Recreation Advisory Board. The
policy generally required any developer of residential development to dedicate to the
City two and a half (2.5) acres of land for each projected 1000 built out population for
neighborhood parkland. in the late 1970's and first half of the 1980's the policy worked
well as large tracts of raw land were developed into housing and apartments.
Throughout the early 90's, residential subdivision development trends have indicated a
reduction of housing units as shown on preliminary plats submitted to the City. Due to
such housing reductions, the existing park dedication policy requiring a minimum of five
(5) acres within a subdivision could not be realized. Calculation as prescribed in the
policy have indicated parkland areas ranging from generally 1/2 acre to 3 1/2 acres, well
below the minimum five (5) acres needed for a neighborhood park. Subsequently, the
Parks and Community Services Department (PACSD) has had to waive parkland
dedication requirements on subdivision plats where the minimum five (5) acre site could
not be realized. Overall, the continuing trend of smaller developments is resulting in
subdivisions without recreation open space for the residents due to current Park
Dedication Policy requirements.
In the original 1992 Strategic Plan under the issue of"What services should be provided"
the Parks'and Community Service Advisory Board (PACSAB) established a strategy to
"conduct systematic evaluations of the services and programs offered or sponsored by
the department". To that end, a tactic was identified to "establish a plan to review and
identify recommendations for the revisions of the Park Dedication Policy for
consideration by the Parks and Community Services Advisory Board, Plan Commission
and City Council". This effort began with a briefing on September 29, 1993 to the Plan
Commission and the inclusion of this tactic in the Year II (Fiscal Year 1993-94) Strategic
Work Plan by the PACSAB. On October 19, 1993, the PACSAB was briefed by staff
addressing the purpose for Policy revisions, identification of work tasks, the responsible
party to perform such tasks, and scheduling program for when all such would be
completed.
The first task implemented was the organization of a Park Dedication Policy Review
Committee made up of nine individuals representing the Plan Commission, the PACSAB,
and the PACSD. Appointments to the Review Committee were completed on March 1,
1994 and a joint meeting between the Commission, Board, PACSD and Review
Committee was held on March 28. The initial meeting was held to discuss the
Committee's purpose and time schedule for recommending revisions to the Park
Dedication Policy.
ON SECRETARY
ISSUED BY THE CITY MANAGER S
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7955
To the Mayor and Members of the City Council
October 10, 1995
C). Subject:
REVISIONS TO THE PARK DEDICATION POLICY
Various Committee meetings were held on April 26, May 23, June 20, and July 18 in
which the group reviewed and discussed draft revisions concerning issues such as receipt
of fees in lieu of parkland,dedication, credit to private recreational development, and the
amount of floodplain which should be allowable as dedicated parkland. Revisions were
made to subsequent policy drafts. Additionally, a meeting was held on November 17,
1994 between the PACSD staff and representatives of the Builders Association of Fort
Worth/Tarrant County and the Greater Fort Worth Association of Realtors. The purpose
of this meeting was to receive input toward the draft proposed policy from these
professional, organizations. Comments were received, reviewed and incorporated into
the draft policy where applicable. A follow-up meeting between the professional
organization and Committee was conducted on January 31, 1995.
Further revisions were made to the proposed policy and presented to a joint meeting of
the Plan Commission, PACSAB and the Review Committee on February 21 . The
purpose of this meeting was to provide the current status of proposed revisions, receive ANN
input and address comments and questions raised by those present.
Additional investigation was conducted by the PACSD staff to provide clarification to
issues raised and presentation of th.e proposed policy occurred at the Plan Commission's
Work Session on April 26, 1995. Input received from the Plan Commission was
discussed at the final Review Committee meeting held on May 2, 1995. The Committee
discussed final adjustments to the policy and recommended forward to the Commission,
Board and City Council for their consideration.
On May 16, 1995, the Parks and Community Services Advisory Board endorsed the
proposed revised Park Dedication Policy as formulated by the Review Committee and
recommended the revised policy will be forwarded to the City Council for review and
On May 24, 1995 the Plan Commission conducted a public hearing and approved the
recommendation to revise the policy.
Attached for you review is a copy of
1) A listing of participants from various committees and organizations who assisted
in this revision,
ISSUED BY THE CITYWANAGER FORT WORTH,TEXAS
- ~ - _
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7955
V/1 t " To the Mayor and Members of the City Council
October 10, 1995
� ., 3 of 3
>rx� Subject:
Y @TJ
REVISIONS TO THE PARK DEDICATION POLICY
2) A comparison summary of the Park Policy,
3) Listing of major factors which the revised Park Policy would address,
4) The existing Park Policy (established in 1977) and
5) The proposed Neighborhood Park Dedication Policy.
If the Mayor and Council wish to proceed with this revision of the Park Dedication
Policy as part of the City's Subdivision Ordinance, staff is prepared to formulate and
process the necessary Mayor and Council Communications. Should you have questions
or would like additional information, please contact Assistant City Manager Libby
Watson or Parks and Community Services Department Director, Richard Zavala.
lir I oTerkell
y Manager
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Attachment
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ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS
PARTICIPANTS IN PARK POLICY REVIEW PROCESS
PARK DEDICATION POLICY COMUTTEE
Sarah Walker,Plan Commission
Fred Balda, Hillwood Development Corp.
Tim Fleet, River Trails Land and Cattle, Inc.
Una Bailey, Parks and Community Services Advisory Board
Daniel Anguiano, Representing neighborhood interest
Tom Turner, Representing park user interest
Tom Purvis, Representing development interest
Rose Herrera,Representing neighborhood interest
Helen Collins, Representing real estate interest
PLAN COMMISSION
Wanda Conlin, Chair
Nick Genua, Vice Chair
Gilbert Zepeda
Janice Michel
John Q. Melcher
Charles Singleton
William Leary
Sarah Walker
Price Hulsey
PARKS AND COMMUNITY SERVICES ADVISORY BOARD
Una Bailey, Chair
Dorothy Scott,Vice Chair
Mary Ann Kleuser
Carlos Ayala
W.G. Wiley
Maggie Dwyer-Clavell
Rob Green
Lynne Manny
David Vasquez
GREATER FORT WORTH ASSOCIATION OF REALTORS
Verlie Edwards
sClayBrants
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RUIUMAS�49QCJATION OIE FORT WORlaffARRANT COUNT
Jim Harris,
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COMPARISON SUMMARY OF PARK POLICY
1977 PARK POLICY PROPOSED REVISED PARK POLICY
• Policy governs all park development Policy limits to neighborhood
within city limits and its parkland within corporate limits of
extraterritorial jurisdiction(ETJ) city (1)
• Park policy reference "City of Fort Refers to "Fort Worth's Unified
Worth's Master Plan" (I a) Summary of the Comprehensive Plan"
and any other officially adopted
comprehensive park system master
plan all.A)
• Minimum of one neighborhood park One neighborhood park per designated
per neighborhood/residential area "Neighborhood Unit" (111.C)
bound by major thoroughfares (I b)
• Private recreational facilities proposed Private recreational facilities are only
within the development were given given a 50%credit toward the required
full credit toward dedication of land or fee in lieu of(111.1))
"Public" neighborhood parkland (2c)
• Neighborhood park should be five (5) Five (5) acres is still the desired
acres in size. When a-subdivision is minimum but if a plat generates a park
submitted which generated a site site less than five(5) acres, then either
smaller than five (5) acres, the policy
was waived. (I d) 1. A smaller parcel which can
potentially be contiguous to an
existing or future park parcel
is accepted or
2. A fee in lieu of parkland is
required or
3. A combination of fee and
parkland dedication occurs
(IV.C)
• Discouraged mini-parks (2a) Continues discouragement of mini-
parks,but would allow if permanent or
on-going maintenance operati
addressed, (I V.D .........
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• Selection of park so as to have a • Continues this same criteria but limits
natural park-like, rustic setting (1c) the amount of floodplain area. The
park should not exceed 75% of the
total as being in the floodplain.
Should floodplain acreage exceed 75%
of the park, it will be done on a 3 to I
ration. (rV.F)
This section also requires that 50% of
the dedication be suitable for active
use development.
• Required a dedication of parkland Continues to maintain this national
based upon 2.5 acres per 1,000 built recognized standard. Number of
out population (2b) persons per unit shall be based on both
U.S. Census information and data
compiled by the City (V.B&C)
• Payment of fees in lieu of parkland Fees in lieu of parkland dedication
dedication was not an option under the will be based on the equal value of
1977 policy. property if property had been
dedicated regardless of size. This
dollar value would be divided by the
number of dwelling units within the
development and payment at time of
final plat would be required. These
funds will be used to purchase
property within the neighborhood unit
or adjoining neighborhood unit should
land not be available in original unit.
(VI.A-1)
• City shall bear the cost of all The same cost share is continued in
improvements, including streets, the revised policy (III.F)
water, sewer and storm drainage
related to park frontage on to these
infrastructure systems (3a)
2
COMPARISON SUMMARY OF PARK POLICY
1977 PARK POLICY PROPOSED REVISED PARK POLICY
• Installation of park improvements 0 Installation of park improvement will
shall generally be subject to the occur when there is:
availability of funds (3b)
I A minimum population of
2,000 or when 50% build out
of the Neighborhood Unit
occurs, and;
2. Availability of funds for such
improvements and;
3. Appropriation of
maintenance funds for on-
going maintenance
operations.
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MAJOR FACTORS WHICH THE REVISED
PARK POLICY WOULD ADDRESS:
• Small developments which generate no 0 Fees in lieu of parkland dedication
dedication due to number of lots established to purchase property to
serve that neighborhood's recreational
needs. (VI)
• Additional park needs e.g. 0 Revised policy only addresses
Comm unity/regional parks and neighborhood park acquisition.
Community Centers Additional park needs should continue
to be addressed through Capital
Improvement Programs, donations,
grants, or future policies related to
impact fees
• Cost of Infrastructure items 0 City still has the commitment to
participate in shared costs for streets,
water, sewer and storm drains.
• Timing- When does the property 0 Park property shall be conveyed before
become parkland owned by the City release of the final plat on any or all
portions of the subdivision. (V.E)
Fees in lieu of land dedication are
collected on a pro-rated schedule at the
time of final platting of each phase.
(VII.D&E)
• Revised policy states that
• Maintenance- Time, distance, service improvements will only be built when
centers, cost appropriations are made for
maintenance and operations. (VII.A)
Mini-parks will only be considered if
permanent or on-going maintenance
operations are addressed. (IV.D)
• Generally only 75% of the dedicated
• Usable lands - percentage of land park can be within the floodplain.
outside the,floodplain Should additional floodplain property
be desirable, a donation of 3 to I would
be applied. Policy also requires 50%
of the property to be suitable for active
recreation. (IV.F)
3QENV,V0RFAC,BR
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The following policy shall govern all park developseat within the cor-
porate limits of the City of tort Borth, Tans, sad Ats extraterritorial
Jurisdictional areas
1. llannin:
a. The overall program and full Inlesentation of the fort Worth
Park Policy shall generally follow the City of fort Worth's
Master Park flan.
b. There shall be a sinimum of one neighborhood park in every
neighborhood, and suitable land shall be provided for that
purpose. As used herein, "neighborbood" shall be defined as a
residential area bounded by major thoroughfares which generally
encompasses approximately one square mile. Likewise, a '"neigh-
borhood park" shall be defined as an arse within a neighborhood
that is set aside for the active and passive recreational use
primarily by the residents of the neighborhood (sea "General
Guidelines on Major Coaponents of the Recreational System" at
end of this section).
Co Parka shall be selected to obtain natural park-like, rustic
settings where available, and shall be designed and sited to
accommodate minima maintenance requirements. lark planning
should be Coordinated with neighborhood school planning, and,
whenever possible, parks should be located adjacent to and
Contiguous with aChool sites to make saximua use of Common
facilities. Careful consideration shill be given to the need
for development of linear parka around sutural drainage and
wooded areas which provide multiple uses.
d. Neighborhood parks should generally be five (S) acres in size
With larger sizes desirable (refer to "General Guidelines on
Major Components of the Recreational System" at the and of
this section. It should be emphasised that these general
guidelines are only to provide what the City considers as a
zeneeral rule of thumb for the composition of the various
components (parks) within the overall recreation system of the
City of fort Worth).
2. Site Selection and Acquisition of Park Property
a. In choosing the site for a neighborhood park, the City shall
attempt to avoid an accumulation of unrelated parcels of land
and/or an accumulation of land unsuitable for park purposes.
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b. The subdivision process shall provide for the acquisition of
open space by the City for neighborhood parks la a sa=er
which is similar to that used to acquire land for other coo-
vuaity facilities, i.e. land dedication for facilities, such y
as riots-of-moray for streeu, vater and #war extensions,
drainage facilities, and other improvements directly attrib-
vtable to the development of a new residential so ighborbood.
Land dedication requirements for parks should be keyed to the
density of the population to be served to the neighborhood and
to the needs of its residents rather than to an arbitrary
percentage of acreage (City ?lister Planning Standards for a
Neighborhood Park are 2.5 acres par 1,000 population).
to The amount of open space required to be dedicated by any
developer in a particular subdivision may be larger than
the demand for park space generated by his particular develop-
sent. In determining the size of a neighborhood park, due
consideration shall, bovever, be given to the proxisity of the
proposed park to existing co=unity or regional parks along
vlth the existence of any private recreational facilities pro-
posed within the neighborhood that may have a significant
Impact on the recreational needs of the neighborbood resi-
dents.
3. Installation of Park Im roveneats
a. The City shall bear the cost of all improvements, including
streets, vater, sever and storm drainage normally considered
for cost distribution according to the frontsge which Is
directly related to the park site, and including landscaping
and other improvements within the park. The City shall also
retain the right to negotiate, vth the developer for grading,
providing top soil, and establishing turf for park property
when It Is considered to be mutually beneficial.
b. Installation of park improvements by the City of Fort Worth
shall generally be subject to the availability of funds for
such improvements as determined by the City Council.
c. Park improvements shall be Installed In a timely manner along
with the development of surrounding property in accordance
vitb the applicable co= unity facilities contract. The City
shall provide in the community facilities contract for the
reversion of dedicated park land to the developer, or make
cash payment In lieu thereof for the amount of raw, land value
established at the time of dedication of such park land, in
the event the park development cannot be completwd In a
timely manner as determined by the City Council.
Parks
NEIGHBORHOOD PARK DEDICATION POLICY
I. PURPOSE
This policy shall insure that adequate recreational areas in the form of Neighborhood
Parks are provided to meet the additional need created by new residential development
and shall govern all park improvement within the corporate limits of the City of Fort
Worth.
11. DEFINITION OF TERMS
A. For purposes of this policy, the following terms shall be defined as
follows:
1. "Developer/Owner" - individual, firm, association, corporation or any other
organization dividing or proposing to divide land for the purpose of
developing or making improvements to such land.
2. "Subdivision Land" - Division of any lot, tract, or parcel of land into a
minimum of five (5) or more lots or sites for the purpose of developing
residential dwelling units, whether immediate or future.
3 "Dwelling Units" - Any building or structure which is designed, used or
intended to be used for human occupancy as primary living quarters.
4. "Neighborhood Unit" - A residential area bounded by major thoroughfares
which generally encompass approximately one square mile, serving.
approximately forty five hundred (4,500) in population.
5. 'Neighborhood Parku - Open space area encompassing five (5) to twelve (12)
acres, if contiguous with a school site; twelve (12) to twenty (20) acre
if separate from other designated open space areas, Neighborhood parks
should provide a one-quarter (1/4) to one-half (1/2) mile service radius
serving approximately forty five hundred (4,500) in population for the
purpose of providing daily recreational needs of residential areas within
the Neighborhood Unit.
6. "Ccum=ity Park" - Open space area encompassing thirty (30) to fifty (50)
acres within a one and a half (1 1/2) mile service radius serving
approximately twenty to thirty thousand (20,000-30,000) in population for
the purpose of providing both preservation of natural features within the
urban environment and recreational needs on a community wide basis.
111. PLANNING
A. The overall program and full implementation of the Fort Worth Park Policy shall
generally follow the City of Fort Worth's Unified Summary of the Comprehensive
Plan (U.S.C.P.) and any other officially adopted comprehensive park system
master plan.
OFFICK Rlfl[�')ORRI
I". Unit .
B. There should be a minimum of one neighborhood park within each designated m j
"Neighborhood Unit, an described in the U.S.C.P.
C. The City of Fort Worth shall require residential developers to dedicate
subdivision land for parks to meet the recreational needs as a condition of the
platting process, just as land for streets, alloys, utility easements and other
improvements, directly attributable to the development of a new residential
neighborhood is dedicated. A combination of fees and parkland dedication shall
be considered if determined to be mutually agreeable between the Parks and
Community Services Department and the Developer/Owner.
D. Where private recreational facilities are built for the residents of a
subdivision development, a credit may be given to the Developer/Owner in either
land or fee in lieu thereof, based on the value of such recreational facility
development. However, the credit applied shall not exceed 505 of the required
total amount of the land or fee in lieu thereof from such development.
E. Should a submitted subdivision development be located within a previous
development concept or preliminary plat in which park dedication requirements
have been met and the submitted development does not increase the overall
population density, then additional park dedication requirements will be
waived. However, if the submitted subdivision development reflects an
increased population density, then additional park dedication requirements will
be in effect on the difference in population.
F. The City shall bear the cost of all improvements, including streets, water,
sewer and storm drainage normally considered for cost distribution according
to the street frontage which is directly related to the park site. The City
also shall assume the cost of landscaping and other improvements within the
park. The park site shall be free of debris and will not be accepted by the
City until such time that this condition has been met.
IV. SITE SELECTION/CHARACTERISTICS OF PARK
A. In selecting a site for a park, the City shall avoid an accumulation of
unrelated parcels of land or an accumulation of land unsuitable for park
purposes.
B. Parks sites shall be selected on the basis of obtaining natural, park-like
settings where available and shall consist of diverse topography and open space
suitable for the development of recreational facilities.
C. Neighborhood park size should be a minimum of five (5) acres and obtained as
one complete parcel. If a development parcel cannot provide the minimum five
acre (5) parcel or a smaller parcel which can potentially be contiguous to
existing or future park parcels, then a fee in lieu of parkland or a
combination of fee and parkland dedication shall be required at the discretion"
of the Parks and Community Services Department.
r0l ' D Parcels under five (5) acres which are not contiguous with existing park sites
or which do not appear to have the potential for future expansion shall be
considered for recreational open space use as mini-parks only if permanent or
ongoing maintenance operations are addressed.
E. Park sites shall be located, whenever possible, adjacent to and contiguous with
school sites and other public or non-profit agency sites in order to make
maximum use of common facilities and grounds.
F. Careful consideration shall be given to the need for development of linear
parks around natural drainage and wooded areas which provide potential
recreational uses. Criteria for floodplain area (based upon 100 year storm)
usage is as follows:
1. Floodplain and natural drainage areas shall generally not exceed
seventy five (75%) percent of the total park site.
2. At least fifty (50%) percent of required dedicated parkland shall have
slopes in range of 2-5%, well drained, and suitable for active use
development.
3. Additional floodplain acreage may be acquired at a ratio of three to one
(3:1) in acres in lieu of non-floodplain property or at a ratio based on
current appraised land values provided by the Developer. Any such
consideration of additional floodplain acreage shall be as agreed upon
between the Parks and Community Services Department andthe Developer/
Owner.
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G. Proposed parkland boundaries shall provide reasonable access to improved street
frontage for readily accessible entry into the park area by the public.
V. LAND DEDICATION
A. Any required conveyance of land from any proposed subdivision residential
development shall be keyed to the density of the population to be served
within the neighborhood.
B. The U.S.C.P. standard for public park space provides for 2.5 acres of parkland
per 1,000 population. For each submitted preliminary plat of a residential
subdivision, the following formula shall apply for the calculation of parkland
needs.
2.5 Acres X (No. of Units) X (Persons/Unit) Acres to be
1000 population dedicated
C. The number of persons per unit shall be based on both current U.S. Census
information and data compiled by the City and shall be reviewed and adjusted
as necessary. The following figures represent the average number of persons per
unit by current density categories, and shall be used to calculate parkland
dedication.
1. Single Family Detached/Duplex 3.25 Persons/Unit
2. Multi-Family 2.0 Persons/Unit
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D. Where a subdivision plat is submitted indicating multi-family residential
development and information is not provided concerning the number of dwelling
units, the City shall assume the highest density allowed to be applied to the
property by which to determine projected population in order to determine park
dedication policy requirements.
E. All determinations of required land dedication shall be based upon review of
all preliminary subdivision plats submitted through the City of Fort Worth
Department of Development to the Parks and Community Services Department. Upon
agreement between the Parks and Community Services Department and the
Developer/Owner regarding mutually acceptable parkland, such land shall be
indicated on the revised preliminary plat and final plat. Such park property
shall be conveyed by General Warranty Deed before release of the final plat on
any or all portions of the subdivision thereof by the City for filing in the
County plat records.
F. The land required to be conveyed may be located inside or outside the
subdivision development so long as the land is so located within the
Neighborhood Unit and is of such proximity to the development so as to serve
or benefit the Neighborhood residents.
G. If a replat is filed, the dedication requirements shall be controlled by the
policy in effect at the time of original platting, except that additional land
dedication (or fee in lieu of) shall be required if the actual density of
structures constructed on the property is greater than the former assumed
density.
H. Prior to dedication of land, the Developer/owner shall make full disclosure of
the presence of any hazardous substances and/or underground storage tanks
(U.S.T.'s) of which the Developer/owner has knowledge. The City, at its
discretion, may proceed to conduct such initial environmental tests and surveys
on the land as it may deem appropriate, and the Developer/Owner shall grant to
the City and its agents and employees such reasonable access to the land as is
necessary to conduct such surveys and tests.
If the results of such surveys and testa indicate a reasonable possibility of
environmental contamination or the presence of U.S.T.'s, the City may require
further surveys and tests to be performed at the Developer/Owner's expense as
the City may deem necessary prior to its acceptance of the dedication, or in
the alternative, the Developer/Owner may be required to identify alternative
property or pay the fees in lieu of such parkland dedication.
Vi. PAYMENT OF FEES IN LIEU OF PARKLAND DEDICATION
A. if the calculation for required parkland within the proposed subdivision
development results in less than five (5) acres and does not meet criteria as
per XV.D., the Parks and Community Services Department may recommend that a fee
in lieu of parkland dedication be required.
4
B. All fees received will be dedicated for the purpose of acquiring parkland
within the- proposed subdivision development. However, if acquisition is not
achievable within the proposed development, then the Parks and Community
Services Department shall:
1. Have the discretion of determining if park and recreational needs of the
proposed subdivision development would be served by the expansion of
existing park sites located within the same Neighborhood Unit where the
proposed subdivision development is located.
2. If such acquisition opportunities are not available within the Neighborhood
Unit, then areas within the adjacent contiguous Neighborhood Unit(s) may be
considered for acquisition if it will beneficially serve the residents of
the proposed subdivision development.
C. The amount of money required in fee of shall be determined by the following
method:
1. The amount equal to the Tarrant Appraisal District (T.A.D.) appraised value,
without the agricutural exemption, or the appropriate county appraisal
district of the land required under the provision of V.B. and, if
applicable, less a credit for the value of the land actually dedicated for
parkland recreational purposes.
2. The Developer/owner, at his own expense, may obtain an appraisal of the
property by a State of Texas certified real estate appraiser, mutually
agreed upon by the City and the Develop er/Owner, which may be considered by
the City in determining fair market value.
D. All fee payments made in accordance to this policy shall be pro-rated on a per
dwelling unit charge based on the T.A.D. appraised value, without the
agricultural exemption, of the land/nUmber of dwelling units at time of final
plat submittal.
Fees established at the time of preliminary plat submittal shall apply to
subsequent Final plats submitted on any or all portions thereof for a period
of two years from the date of preliminary plat approval by the Plan Commission.
Subsequent Final plat submittals after such two year period shall be reassessed
new fee values per D.U. as per current T.A.D. appraised value at time of Final
plat submittal.
E. All required fees shall be paid and received before release of the final plat
on any or all portions of the subdivision thereof by the City for filing in the
County plat record.
F. All payments made in accordance to this policy shall be deposited in a
designated Neighborhood Unit Park Acquisition Fund. The City shall account for
all such funds paid with reference to each subdivision development.
G. Interest earned on accumulated park fees designated for a specific subdivision
development shall be used for additional acquisition as per guidelines set
forth in VI.B.1 and 2.
F RRORD
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............
H. All fees received must be expanded within five years from date of receipt. if AWN
such fees are not expended, the Developer/Owner shall be entitled to a refund
on interest earned, less inflation an determined by the Consumer Price Index
an published by the U.S. Department of Labor, with the principal held by the
City. The Developer/Owner must request such refund in writing within ninety
(90) days of entitlement or such right shall be waived.
I. Where fee in lieu of dedicated parkland is applied to privately developed
recreational facilities, refer to III.D.
VII. INSTALLATION OF PARK IMPROVEMENTS
A. Installation of park improvements by the City generally will occur when
there is:
1. A minimum population of 2,000 or, at the City's discretion, a minimum
fifty (505) percent build out within the Neighborhood Unit, and;
2. Availability of funds for such improvement,and;
3. Appropriation of maintenance funds for ongoing maintenance operations.
VIII. DECISION MAKING; APPEALS
A. Unless otherwise provided in this policy, any decision shall initially be made
by the Park and Community Services Director in the exercise of his/her
reasonable discretion.
B. Decisions of the Parks and Community Director with regard to this policy may
be appealed to the Plan commission and ultimately to the City Council. The
standard of review for decisions made by the Director or by the City Plan
Commission shall be whether the decision rendered by the Parka and Community
Services Director or by the City Plan Commission was clearly unreasonable,
arbitrary or capricious and therefore constituted a clear abuse of discretion.
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