Item 5C City of Southlake, Texas
MEMORANDUM
April 30, 2002
To: Billy Campbell, City Manger
From: Pedram Farahnak, P.E., Director of Public Works, 481-2308
Subject: Authorize the Mayor to execute a residential developer's agreement
for Siena, a 43-lot subdivision located on Union Church Road.
Action
Requested: Authorize the Mayor to execute a residential developer's
agreement for Siena, a 43-lot subdivision located on Union Church
Road.
Background
Information: The final plat for Siena was approved by the Planning and Zoning
Commission on March 7, 2002. The public infrastructure
construction plans include the street and drainage and water and
sanitary sewer lines for the addition. The plans also include the
construction of an off-site 12" water line and a 10" sanitary sewer
line. Per the City's standard policy, the agreement says that the
City will reimburse the developer for the difference in the cost of
the lines over the size of 8".
Financial
Consideration: The Park Board recommends that the park dedication requirements
for this development be met through payment of fees in the amount
of$32,250 plus credit for a private common area and playground
in lieu of park land dedication. The amount of the oversize cost of
the water line and sewer line is unknown at this time. The
developer will pay to the City a downstream critical structure fee
of$6,029.41.
Citizen Input/
Board Review: None.
Legal Review: This is the City's standard residential developer's agreement
originally drafted by the City Attorney.
Alternatives: The Council may approve or reject it.
Supporting
Documents: Residential Developer's Agreement
Park Fee Memorandum
Final Plat
Location Map
Staff
Recommendation: Please approve residential developer's agreement for Siena, a 43-
lot subdivision.
Staff
Contact: Pedram Farahnak, P.E., Director of Public Works, 481-2308
Charlie Thomas. P.E., City Engineer, 481-2175
PF/kw
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SIENA
L, RESIDENTIAL DEVELOPER AGREEMENT
An Agreement between the City of Southlake, Texas, hereinafter referred to as
the "City", and the undersigned Developer, hereinafter referred to as the
"Developer", of SIENA, hereinafter referred to as the "Addition" to the City of
Southlake, Tarrant County, Texas, for the installation of certain community
facilities located therein, and to provide city services thereto. It is understood by
and between the parties that this Agreement is applicable to the 43 lots
contained within the Addition and to the off-site improvements necessary to
support the Addition.
GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the Developer shall employ a civil
engineer licensed to practice in the State of Texas for the design and preparation of the
plans and specifications for the construction of all facilities covered by this Agreement.
B. Since the Developer is prepared to develop the Addition as rapidly
as possible and is desirous of selling lots to builders and having
residential building activity begin as quickly as possible and the City
is desirous of having the Addition completed as rapidly as possible,
the City agrees to release 10% of the lots, 4''LOTS, after installation
.of the water and sewer mains. Framing shall not commence until
water quality is approved by the City and all appropriate Fire Code
requirements are satisfied, and street signs with street names are
in place. Temporary all-weather metal signs securely fastened in
the ground are acceptable until permanent street signs are
installed. The Developer recognizes that the remaining building
permits or Certificates of Occupancy for residential dwellings will
not be issued until the supporting public works infrastructure
including permanent street signs with block numbers and regulatory
signs within the Addition have been accepted by the City. This will
serve as an incentive to the Developer to see that all remaining
items are completed.
C. The Developer will present to the City either a cash escrow, Letters
of Credit, performance bond and payment bond acceptable to the
City guaranteeing and agreeing to pay an amount equal to 100% of
the value of the construction cost of all of the facilities to be
constructed by the Developer, and providing for payment to the City
of such amounts, up to the total remaining amounts required for the
completion of the Addition if the Developer fails to complete the
work within two (2) years of the signing of this Agreement between
the City and Developer. All bonds shall be issued by a Best-rated
bonding company. All Letters of Credit must meet the
Requirements for Irrevocable Letter of Credit attached hereto and
incorporated herein.
The value of the performance bond, Letters of Credit or cash
escrow will reduce at a rate consistent with the amount of work
that has been completed by the Developer and accepted by the
City. Each request for reduction or payment of escrow funds must
be accompanied by lien release(s) executed by all subcontractors
and/or suppliers prior to the release of escrow funds or reduction in
value of the account. Performance and payment bond, Letters of
Credit or cash escrow from the prime contractor(s) or other entity
reasonably acceptable to the City, hereinafter referred to as
Contractor, will be acceptable in lieu of Developer's obligations
specified above.
D. The Developer agrees to furnish to the City maintenance bonds,
letters of credit or cash escrow amounting to 20% of the cost of
construction of underground utilities and 50% of the construction
cost for paving. These maintenance bonds, letters of credit or cash
escrow will be for a period of two (2) years and will be issued prior
to the final City acceptance of the Addition. The maintenance
bonds, letters of credit or cash escrow will be supplied to the City
by the contractors performing the work, and the City will be named
as the beneficiary if the contractors fail to perform any required
maintenance.
If the Developer chooses to construct bar ditches in lieu of curb
and gutter, and the City approved the design and grade of bar
ditches, Developer understands and agrees to provide maintenance
on the bar ditches for a period of two years from the date of
acceptance of the Addition. Maintenance includes trash and debris
cleanup, mowing, and erosion control.
E. Until the performance and payment bonds, Letters of Credit or cash
escrow required in Paragraph C have been furnished as required,
no approval of work on or in the Addition shall be given by City and
no work shall be initiated on or in said Addition by Developer, save
and except as provided above.
F. It is further agreed and understood by the parties hereto that upon
acceptance by the City, title to all facilities and improvements
mentioned hereinabove shall be vested in the City and Developer
hereby relinquishes any right, title or interest in and to said facilities
or any part thereof. It is further understood and agreed that until
the City accepts such improvements, the City shall have no liability
or responsibility in connection with any such facilities. Acceptance
of the facilities shall occur at such time that the City, through its City
Manager or his duly authorized representative, provides Developer
with a written acknowledgement that all facilities are complete,
have been inspected and approved and are being accepted by the
City.
G. On all public facilities included in this Agreement for which
Developer awards his own construction contract, Developer agrees
to the following procedure:
1. Developer agrees to pay the following:
a. Inspection fees equal to three percent (3%) of the
cost of the water, street, drainage and sanitary sewer
facilities, on all facilities included in this Agreement for
which Developer awards his or her own construction
contract, to be paid prior to construction of each
phase and based on actual bid construction cost;
b. Administrative Processing fee equal to two percent
(2%) of the cost of water, street, drainage and
sanitary sewer facilities, on all facilities included in this
Agreement for which Developer awards his or her
own construction contract, to be paid prior to
�r construction of each phase and based on actual bid
construction cost;
c. Trench testing (95% Standard);
d. The additional charge for inspections during Saturday,
Sunday, holidays, and after normal working hours;
e. Any charges for re-testing as a result of failed tests;
f. All gradation tests required to insure proper cement
and/or lime stabilization.
2. The City agrees to bear the expense of:
a. All nuclear density tests on the roadway subgrade
(95% Standard);
b. Technicians time for preparing concrete cylinders;
and
c. Concrete cylinder tests and concrete coring samples.
(of The City can delay connection of buildings to service lines or
water mains constructed under this Agreement until said
water mains and service lines have been completed to the
satisfaction of and acceptance by the City.
H. The Developer and any third party, independent entity engaged in
the construction of houses, hereinafter referred to as "Builder" will
be responsible for mowing all grass and weeds and otherwise
reasonably maintaining the aesthetics of all land and lots in said
Addition which have not been sold to third parties. After fifteen (15)
days written notice, should the Developer or Builder fail in this
responsibility, the City may contract for this service and bill the
Developer or Builder for reasonable costs. Should such cost
remain unpaid for 120 days after notice, the City can file a lien on
such property so maintained.
Any guarantee of payment instrument (Performance Bond, Letter of
Credit, etc.) submitted by the Developer or Contractor on a form
other than the one which has been previously approved by the City
as "acceptable" shall be submitted to the City Attorney and this
Agreement shall not be considered in effect until such City Attorney
has approved the instrument. Approval by the City shall not be
unreasonably withheld or delayed.
J. Any surety company through which a bond is written shall be a
surety company duly authorized to do business in the State of
Texas, provided that the City, through the City Manager, shall retain
the right to reject any surety company as a surety for any work
under this or any other Developer's Agreement within the City
regardless of such company's authorization to do business in
Texas. Approval by the City shall not be unreasonably withheld or
delayed.
II. FACILITIES
A. ON SITE WATER
The Developer hereby agrees to install water facilities to service
lots as shown on the final plat of the Addition. Water facilities will
be installed in accordance with plans and specifications to be
prepared by the Developer's engineer and released by the City.
Further, the Developer agrees to complete this installation in
accordance with Ordinance No. 170 and shall be responsible for all
construction costs, materials and engineering. In the event that
certain water lines are to be oversized because of City
requirements, the City will reimburse the Developer for the oversize
cost greater than the cost of an 8" line. Additionally, the City
agrees to provide temporary water service at Developer's request
and expense, for construction, testing and irrigation purposes only,
to individual lots during the construction of homes, even though
sanitary sewer service may not be available to the homes.
B. DRAINAGE
Developer hereby agrees to construct the necessary drainage
facilities within the Addition. These facilities shall be in accordance
with the plans and specifications to be prepared by Developer's
engineers, released by the Director of Public Works, and made part
of the final plat as approved by the Planning and Zoning
Commission. The Developer hereby agrees to fully comply with all
EPA requirements relating to the planning, permitting and
management of storm water which may be in force at the time that
development proposals are being presented for approval by the
City. The Developer hereby agrees to comply with all provisions of
the Texas Water Code.
C. LAW COMPLIANCE
[ Developer hereby agrees to comply with all federal, state, and local
fir► laws that are applicable to development of this Addition.
D. STREETS
1. The street construction in the Addition shall conform to the
requirements in accordance with plans and specifications to
be prepared by the Developer's engineer and released by
the Director of Public Works. Streets will be installed in
accordance with the plans and specifications to be prepared
by the Developer's engineer and released by the Director of
Public Works.
2. The Developer will be responsible for:
a. Installation and two year operation cost of street
lights, which is payable to the City prior to final
acceptance of the Addition; or an agreement with
utility provider stating that no charge will be made for
street lights for the two-year duration.
b. Installation of all street signs designating the names
of the streets inside the Addition, said signs to be of a
type, size, color and design standard generally
employed by the Developer and approved by the City
in accordance with City ordinances.
c. Installation of all regulatory signs recommended
based upon the Manual of Uniform Traffic Control
Devices as prepared by the Developer's engineer by
an engineering study or direction by the Director of
Public Works. It is understood that Developer may
put in signage having unique architectural features,
however, should the signs be moved or destroyed by
any means the City is only responsible for
replacement of standard signage.
3. All street improvements will be subject to inspection and
approval by the City. No work will begin on any street
included herein prior to complying with the requirements
contained elsewhere in this Agreement. All water, sanitary
sewer, and storm drainage utilities which are anticipated to
be installed within the street or within the street right-of-way
will be completed prior to the commencement of street
construction on the specific section of street in which the
utility improvements have been placed or for which they are
programmed. It is understood by and between the
(or programmed.
and the City that this requirement is aimed at
substantial compliance with the majority of the pre-planned
facilities.
It is understood that in every construction project a decision
later may be made to realign a line or service which may
occur after construction has commenced. The Developer
hereby agrees to advise the City Director of Public Works as
quickly as possible when such a need has been identified
and to work cooperatively with the City to make such utility
change in a manner that will be least disruptive to street
construction or stability.
E. ON SITE SANITARY SEWER FACILITIES
The Developer hereby agrees to install sanitary sewerage
collection facilities to service lots as shown on the final plat of the
Addition. Sanitary sewer facilities will be installed in accordance
with the plans and specifications to be prepared by the Developer's
engineer and released by the City. Further, the Developer agrees
to complete this installation in compliance with all applicable city
ordinances, regulations and codes and shall be responsible for all
construction costs, materials and engineering. In the event that
certain sewer lines are to be oversized because of City
requirements, the City will reimburse the Developer for the oversize
cost greater than the cost of an 8" line.
F. EROSION CONTROL
During construction of the Addition and after the streets have been
installed, the Developer agrees to keep the streets free from soil
build-up. The Developer agrees to use soil control measures such
as hay bales, silt screening, hydromulch, etc., to prevent soil
erosion. It will be the Developer's responsibility to present to the
Director of Public Works a soil control development plan that will be
implemented for this Addition. When in the opinion of the Director
of Public Works there is sufficient soil- build-up on the streets or
other drainage areas and notification has been given to the
Developer, the Developer will have seventy-two (72) hours to clear
the soil from the streets or affected areas. If the Developer does
not remove the soil from the street within 72 hours, the City may
cause the soil to be removed either by contract or City forces and
place the soil within the Addition at the Developer's expense. All
expenses must be paid to the City prior to acceptance of the
Addition.
""' G. AMENITIES
It is understood by and between the City and Developer that the
Addition may incorporate a number of unique amenities and
aesthetic improvements such as ponds, aesthetic lakes, unique
landscaping, walls and may incorporate specialty signage and
accessory facilities. The Developer agrees to accept responsibility
for the construction and maintenance of all such aesthetic or
specialty item such as walls, vegetation, signage, landscaping,
street furniture, pond and lake improvements until such
responsibility is turned over to a homeowners association.
H. USE OF PUBLIC RIGHT-OF-WAY
It is understood by and between the City and Developer that the
Developer may provide unique amenities within public right-of-way,
such as landscaping, irrigation, lighting, etc., for the enhancement
of the Addition. The Developer agrees to maintain these amenities
until such responsibility is turned over to a homeowners
association. The Developer and his successors and assigns
understand that the City shall not be responsible for the
replacement of these amenities under any circumstances and
further agrees to indemnify and hold harmless the City from any
and all damages, loss or liability of any kind whatsoever by reason
of injury to property or third person occasioned by its use of the
public right-of-way with regard to these improvements and the
Developer shall, at his own cost and expense, defend and protect
the City against all such claims and demands.
I. START OF CONSTRUCTION
Before the construction of the streets, and the water, sewer, or
drainage facilities can begin, the following must take place:
1 . Approved payment and performance bonds must be
submitted to the City in the name of the City prior to the
commencement of any work.
2. At least six (6) sets of construction plans to be stamped
"Released for Construction" by the Director of Public Works
must be submitted.
3. All fees required to be paid to the City.
4. Developer Agreement must be executed.
5. The Developer, or Contractor, shall furnish to the City a
policy of general liability insurance, naming the City as co-
insured, prior to commencement of any work.
6. A pre-construction meeting between Developer and City is
required. Developer or contractor shall furnish to the City a
list of all subcontractors and suppliers, which will be
providing greater than a $1,000 value to the Addition.
III. GENERAL PROVISIONS
A. INDEMNIFICATION
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND
DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, (INCLUDING, WITHOUT LIMITATION,
Ly REASONABLE FEES AND EXPENSES OF ATTORNEYS,
EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING
L, OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER
BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY,
ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL
ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID
INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY
ACCEPTS THE ADDITION.
DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS
OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS
OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR
OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR
OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES.
B. Venue of any action brought hereunder shall be in Fort Worth,
Tarrant County, Texas.
C. Approval by the Director of Public Works or other City employee of
L, any plans, designs or specifications submitted by the Developer
pursuant to this Agreement shall not constitute or be deemed to be
a release of the responsibility and liability of the Developer, his
engineer, employees, officers or agents for the accuracy and
competency of their design and specifications. Such approval shall
not be deemed to be an assumption of such responsibility and
liability by the City for any defect in the design and specifications
prepared by the consulting engineer, his officers, agents, servants
or employees, it being the intent of the parties that approval by the
Director of Public Works signifies the City's approval on only the
general design concept of the improvements to be constructed. In
this connection, the Developer shall for a period of two (2) years
after the acceptance by the City of the completed construction
project, indemnify and hold harmless the City, its officers, agents,
servants and employees, from any loss, damage, liability or
expense on account of damage to property and injuries, including
death, to any and all persons which may arise out of any defect,
deficiency or negligence of the engineer's designs and
specifications incorporated into any improvements constructed in
accordance therewith, and the Developer shall defend at his own
expense any suits or other proceedings brought against the City, its
officers, agents, servants or employees, or any of them, on account
thereof, to pay all expenses and satisfy all judgement which may be
incurred by or rendered against them or any of them in connection
herewith.
D. This Agreement or any part herein, or any interest herein, shall not
be assigned by the Developer without the express written consent
of the City Manager, which shall not be unreasonably withheld or
delayed.
E. On all facilities included in this Agreement for which the Developer
awards his own construction contract, the Developer agrees to
employ a construction contractor who is approved by the City, and
whose approval shall not be unreasonably withheld or delayed, said
contractor to meet City and statutory requirements for being
insured, licensed and bonded to do work in public streets and to be
qualified in all respects to bid on public streets and to be qualified in
all respects to bid on public projects of a similar nature.
F. Work performed under the Agreement shall be completed within
two (2) years from the date thereof. In the event the work is not
completed within the two (2) year period, the City may, at its
election, draw on the performance bond, Letter of Credit, or other
security provided by Developer and complete such work at
Developer's expense, provided however, that if the construction
under this Agreement shall have started within the two (2) year
period, the City may agree to renew the Agreement with such
renewed Agreement to be in compliance with the City policies in
effect at that time.
G. The City is an exempt organization under Section 151.309, Tax
Code, and the facilities constructed under this Agreement will be
dedicated to public use and accepted by the City upon
acknowledgement by the City of completion under Paragraph 1.F.
1. The purchase of tangible personal property, other than
machinery or equipment and its accessories, repair, and
replacement parts, for use in the performance of this
Agreement is, therefore, exempt from taxation under
Chapter 151, Tax Code, if the tangible property is:
a. necessary and essential for the performance of the
Agreement; and
b. completely consumed at the job site.
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2. The purchase of a taxable service for use in the performance
of this Agreement is exempt if the service is performed at the
job site and if:
a. this Agreement expressly requires the specific service
to be provided or purchased by the person performing
the Agreement; or
b. the service is integral to the performance of the
Agreement.
H. Prior to final acceptance of the Addition, the Developer shall
provide to the City three (3) copies of Record Drawings of the
Addition, showing the facilities as actually constructed.
Such drawings will be stamped and signed by a registered
professional civil engineer. In addition, the Developer shall provide
electronic files showing the plan and profile of the sanitary sewer,
storm drain, roadway and waterline; all lot lines, and tie in to the
state Plane Coordinate System.
IV. OTHER ISSUES
A. OFF-SITE DRAINAGE
The developer will pay to the City a downstream critical structures
fee calculated by multiplying the total acreage for the addition
(28.359 acre) by $212.61/acre project cost estimate for critical
structures No. 18 (refer to the June, 1995 Engineering Report
covering drainage study and Developer's proposed by Cheatham
and Associates). This fee will be paid prior to commencement of
construction activities for the addition.
B. OFF-SITE SANITARY SEWER
The sewer system for Siena is designed to connect to a proposed
10" sanitary sewer main in Union Church Road to be constructed
concurrent with the development of the Remington project. If, due
to the delay in the start of construction on the Remington project,
the Developer may be required to construct the 10" sanitary sewer
main on the south side of Union Church Road adjacent to Siena.
Since the sewer line is oversized because of City requirements, the
City will reimburse the Developer for the oversize cost greater than
the cost of an 8" line.
C. OFF-SITE WATER
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Concurrent with the development of Siena, the Developer will install
a 12" main in Union Church Road. The 12" water main will extend
from the western boundary of the subject tract eastward to, Davis
Blvd., a distance of approximately 1,921 feet. Since the water line
is oversized because of City requirements, the City will reimburse
the Developer for the oversize cost greater than the cost of an 8"
line. The calculation of the oversize costs will include all
appurtenant structures.
D. PARK FEES
In accordance with the Park Board recommendation of April 9,
2001, a park fee credit will be given for the priority maintained open
space and the playground to be installed, in the amount of
$32,250.00. The balance of the park fee to be paid by the
developer is $32,250.00
E. TREE PRESERVATION ORDINANCE
All construction activities shall meet the requirements of the Tree
Preservation Ordinance No. 585-A.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: ASHTON DALLAS RESIDENTIAL, L.L.C.
By:
DAVID W. HOWELL
Title:
AUTHORIZED REPRESENTATIVE
Address: 13800 MONTFORT DRIVE, SUITE 100
DALLAS, TEXAS 75240
STATE OF TEXAS
COUNTY OF TARRANT
On , before me,
Notary Public, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument, the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
CITY OF SOUTHLAKE, TEXAS
By:
Rick Stacy, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
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REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT
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1. The Letter of Credit must have a duration of at least one year.
2. The Letter of Credit may be substituted for utility security deposits
exceeding $10,000.00. The City reserves the right to specify the face
amount of the Letter of Credit.
3. The Letter of Credit must be issued by a FDIC insured bank in a form
acceptable to the City of Southlake. The City reserves the right to
approve/disapprove the bank issuing the Letter of Credit.
4. The Letter of Credit must be issued by a bank that has a minimum capital
ratio of six percent (6%), and has been profitable for each of the last two
consecutive years.
5. The customer must provide the City with supporting financial information
on the bank to allow the City to ascertain requirements are met. Suitable
financial information would be the previous two (2) years December 31
Call Reports submitted to the FDIC and audited financial statements.
6. Partial drawings against Letter of Credit must be permitted.
7. The City must be able to draft on sight with proof of amount owed.
8. The customer pays any and all fees associated with obtaining Letter of
Credit.
9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at
least 30 days prior to the expiration date on the Letter of Credit held by the
City.
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City of Southlake, Texas
MEMORANDUM
• April 22, 2002
TO: Charlie Thomas, City Engineer
FROM: Chris Carpenter, Senior Park Planner
SUBJECT: Recommended Park Dedication Requirements - Siena (formerly Parc Place)
At their April 19, 2001, meeting, the Parks and Recreation Board considered a recommendation to
accept the payment of fees in lieu of parkland dedication as meeting the park dedication
requirements for Siena (considered as Parc Place), a 43-lot residential development. The
required land dedication for this development is 1.08 acres of park land. The equivalent in
park dedication fees for this addition, at $1,500 per lot is $64,500.
Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City
Council shall, upon recommendation by the Park Board, determine the applicability of a
developer's payment of fees in lieu of the land dedication requirements of this section."
■ The Parks and Recreation Board approved a recommendation to the City Council that
the park dedication requirements for this development be met through payment of fees
in the amount of $32,250 (which represents a $32,250 maximum credit for a private
common open area and playground) in lieu of parkland dedication. (See
spreadsheet, Column "F," for value of private land and private amenities. Note:
Value is limited by 50% maximum credit for private facilities.)
The Parks and Recreation Board approved a recommendation (7-0) to accept the payment of fees
and the acceptance of above credit in lieu of parkland dedication as meeting the park dedication
requirements for this development. Please contact me if you have further questions.
Please note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that
the recommended park dedication assessment by the Parks and Recreation Board is subject to the
approval of the Planning and Zoning Commission and/or the City Council, and is dependent
upon the number of dwelling units (residential) or developed acreage (non-residential).
Therefore the above recommendation is subject to change dependent upon further review of a
particular development or changes to the proposed development that affect the fee criteria, if any.
CLC
cc: Malcolm Jackson, Chief of Building Services
Bruce Payne, Planning Director
Kevin Hugman, Community Services Director
Park Dedication Worksheet
Project Information
A. Project Name: Siena
B. Project Park Service Area Type(see Plate 2,2001 Park Master Plan):
(i) Existing X Proposed (ii) X Neighborhood Park Community Park City Park
C. Project is X Residential (go to line D)or Non-residential (go to line E)
D.Residential: Number of new dwelling units 43
E. Non-residential: Number of gross project acres
F.Credit for land dedication, physical improvement,or amenities requested?
X Yes(fill out both line G(i)or(ii)and worksheet below) No(see line G(i)or(ii)only)
G.Dedication/Fee Calculation:
(i)Residential: 1 acre per 40 dwelling units= 1.08 acres OR
43 dwelling units x$1,500 per dwelling unit=$ 64.500 project fees due
(ii)Non-residential: 1 acre per 50 gross acres= acres OR
acres at$800 per gross acre=$ project fees due
Expense Credit Worksheet A B C D E F G H
Current Joint Current Proposed Proposed Private? TOTAL
Item Units Inventory Use' Deficiency Units Value (50)/0 max.) CREDIT
Land Dedication
1.Neighborhood Park Land Dedication acres 52.3 19.7 $26,959.00 50% $ 13,479.50
2.Community Park Land Dedication2 acres 0 144
3.Linear Parks acres 10.2 25.8
4.Open Space' acres 396 132
'Deficiency standards do riot include Joint Use inventories as they are not dedicated to the city.Joint Use shown for informational purposes
2The acreage shown is needed assuming no"community park"facilities such as lighted sports complexes,concession/restrooms,etc.,are constructed on existing park property
3Number can be inclusive of acreage amounts shown in items above
Facilities/Amenities
5.Aquatics center facility 0 1
6. Batting cage(stall) stall 6 3
7. Baseball diamond(practice)4 diamond 7 9 9
8. Baseball diamond(game)4 diamond 0 10
9. Baseball diamond(game-lighted)4 diamond 7 3
10. Basketball court(outdoor) court 3 3 4
Cie11. Bench each 44 28
12.Recreation center facility 0 1
13. Fishing pier/dock pier/dock 2 2
14. Horseshoe pit each 1 3
15. Inline hockey rink(lighted)5 rink 1 0.3
16. Lacrosse field field 0 4 •
17. Pavilion each 9 5
18. Picnic shelter each 10 2
19. Picnic table each 47 25
20. Playground each 4 5
21.Soccer field(practice)4 field 6 11 8
22.Soccer field(game)4 field 13 11
23.Soccer field(game-lighted)4 field 0 13
24.Softball diamond(practice)4 diamond 5 3
25. Softball diamond(game)4 diamond 0 4
26. Softball diamond(game-lighted)4 diamond 3 1
27.Tennis courts court 15 9
28.Trail(hiking,equestrian) mile 1 2.6
29.Trailhead each 2 1
30.Trail(nature,soft or interpretive) mile 0.5 3.1
31.Trail(paved, multi-use) mile 3.4 3.8
32. Sand volleyball court court 0 2
33.Other(specify): value $48,868.00 50%_$24,434.00
34.TOTAL CREDIT REQUESTECt (Sum of right column above) $ 32,250.00
35. REQUIRED FEE(line G(i)or(ii)) (See"Project Information"section) $64,500.00
36. BALANCE (Excess only credited to other projects at Board and Council discretion) $ 32,250.00
°Standards are based on game and practice fields being mutually exclusive of each other.Fields which may be lighted and/or used as practice and game fields will lower overall numbers.
'Standard is 1:25,000 population.Ultimate population of 35.000 will create a burden.Need most likely met with youth facility in Bicentennial Park per Master Plan.
'Total value of credit for private dedications(Column"G")cannot exceed 50%of"Required Fee"(Line 35)
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