Item 7A
City of Southlake, Texas
M E M O R A N D U M
March 11, 2008
To:
Shana Yelverton, City Manager
From:
Steve Polasek, Director of Community Services
st
Subject: Ordinance No. 483-M, 1 Reading, amending Section 7.05B of
Article VII of the Southlake Subdivision Ordinance; providing
an incentive to developers seeking to improve existing park
facilities
Action
Requested:
Council approval of Ordinance No. 483-M, to amend Section 7.05B
of Article VII of the Southlake Subdivision Ordinance; providing an
incentive to developers seeking the option of improving existing
park facilities in lieu of park land dedication or payment of cash.
Background:
Following a Developer Workshop held in August of 2007 a series of
meetings were held with several prominent Southlake developers
regarding their concerns on the current Park Dedication
requirements. While there was no disputing the average value
proposed to be assigned ($120,000 to be presented to Council in
nd
conjunction with 2 Reading on April 1, 2008) the developers
present did raise some other concerns and hoped to work with the
City to explore options that might serve to help alleviate the impact
on them while still meeting the needs of the City.
Staff conducted four meetings (October-December) with a group of
five developers during which they further expressed their concerns.
Some of the concerns mentioned include: increased development
costs, the decreasing amount of developable land within the City
limits, reduction in the need for additional park land, and current
development density restrictions. Following much discussion and
consideration one option of mutual benefit is a proposal to allow the
developer a twenty percent reduction in park dedication fee
requirements for making improvements that will serve to
immediately improve the condition of Southlake’s park system (ie.
Installation of a pavilion, trail, landscape in an existing park). It
should be noted that proposed improvement projects would still
require the proper review and approvals as currently in place.
The proposed twenty percent reduction provides developers with
an incentive to address existing needs within our City in a manner
that immediately benefits our park system. Costs of approved park
improvements will be based on fair market value which will consist
of either three cost estimates, three recent comparable prices,
three written bids or a combination thereof.
This proposed ordinance change will provide a more immediate
impact on existing City parks through the addition of such amenities
as benches, pavilions, and new trail sections. Changes to the
ordinance may allow for the faster completion of amenity
improvements and reduced administrative costs for the City during
project completion. Additionally, the development community would
benefit from the savings incurred from fee reductions and could
also benefit from their ability to operate under economies of scale.
For example, a developer who is already pouring concrete in their
development may achieve a cost savings as compared to the
established market value through use of their existing contracts and
resources.
Financial
Considerations:
The proposed Ordinance would provide a 20% reduction in park
dedication fee requirements for developers who seek to make
improvements to existing parks in lieu of park land dedication or
payment of cash. Park capital improvement costs will be based on
City approved market value, to include either three cost estimates,
three recent comparable prices, three written bids, or a combination
thereof.
Citizen Input/
Board Review:
Parks Board recommended approval (8-0) at their March 10, 2008
meeting
Recommended ordinance amendments were discussed in Work
Session with City Council at their February 19, 2008 meeting.
Parks Board reviewed this as a discussion item at their February
11, 2008 meeting.
Discussions held with Southlake development community at a
series of four meetings conducted between October 4, 2007, and
December 6, 2007.
Legal Review:
The City Attorney has reviewed the proposed ordinance.
Alternatives:
City Council consideration of proposed Ordinance No. 483-M.
Supporting
Documents:
Supporting documents include:
Proposed Ordinance No. 483-M
Staff
Recommendation:
Council approval of Ordinance No. 483-M, to amend Section 7.05B
of Article VII of the Southlake Subdivision Ordinance; providing an
incentive to developers seeking the option of improving existing
park facilities in lieu of park land dedication or payment of cash.
ORDINANCE NO. 483-M
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS AMENDING
ORDINANCE NO. 483, AS AMENDED, THE SUBDIVISION
ORDINANCE BY REVISING ARTICLE VII “PARK AND RECREATION
DEDICATION REQUIREMENTS” TO AMEND SECTION 7.05
“ALTERNATIVES TO LAND DEDICATION” TO PROVIDE AN
INCENTIVE TO DEVELOPERS CHOOSING THE OPTION OF
IMPROVING EXISTING PARK FACILITIES IN LIEU OF PARK LAND
DEDICATION OR PAYMENT OF CASH; PROVIDING A PENALTY
CLAUSE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF
ALL OTHER ORDINANCES; PROVIDING FOR SEVERABLILITY;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS
, the City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS
, the City has adopted Ordinance No. 483, as amended, as the
Subdivision Ordinance for the City; and
WHEREAS
, the City Council has determined that in order to provide for
adequate land for parks, recreation and open space, it is appropriate and in the best
interest of the City to amend Ordinance No. 483, as amended, to authorize an incentive
to developers for improvements to existing park land in lieu of payment of cash or park
land dedication; and
WHEREAS
, the City Council has given published notice and held public hearings
with respect to the amendment of the Subdivision Ordinance as required by law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION1.
Article VII of Ordinance No. 483 of the City of Southlake, as amended, is hereby
amended by to provide that Section 7.05 will read as follows:
Section 7.05 Alternatives to Land Dedication:
In any case where a dedication is required, the City Council shall have the right to
accept the dedication as submitted for approval, or in the alternative, to refuse
dedication of the same, and in lieu thereof to require payment of cash under the formula
contained in this Section or to allow the developer to construct recreation or park
improvements. The City may permit a combination of dedication, improvements and
fees to be used to fulfill this requirement.
A. Fee Payment:
1. Approval of Fee Payment: The City Council shall determine the
acceptability of a developer’s payment of fees in lieu of the land dedication
requirement of this section.
2. Calculation of Fees: The City Council shall annually establish an acreage
land value cost figure to be used in calculating park fees. This
determination shall be based on a reasonable study and investigation
performed annually, and may be performed by an independent registered
land appraisal firm as to the average fair market value, as opposed to tax
value, of acreage in the City. This figure shall be the acreage cost under
which all park fees are calculated for the fiscal year.
a. Residential Dwelling Unit Fees: Fees paid in lieu of dedication shall
be based on the determined cost of one (1) acre of land divided by
forty (40), for a resulting fee per residential dwelling unit.
b. Non-Residential Development Fees: The fee payment alternative
for non-residential development shall be calculated by dividing the
determined cost of one (1) acre of land by fifty (50), for a resulting
fee per non-residential acre cost, or prorated portion thereof. In the
event the non-residential development is less than fifty (50) acres,
the total acreage, net of perimeter right-of-way dedications, shall be
divided by 50 to determine the prorated fee payment.
3. Collection of Fees: No building permit shall be issued nor shall any
construction be allowed to begin until payment of any fees required by this
section have been made, as specified in a Developer’s Agreement
approved by the City, or other city documentation .
B. Physical or Equipment Improvements to Parks
1. Compatibility with Park Master Plan or Capital Improvement Plan: A
developer seek to improve existing facilities within municipal parks or
improving dedicated park land in lieu of park land dedication or payment of
cash, based on compatibility with, or recommendations contained in,
either the Parks, Recreation and Open Space Master Plan or the City’s
Capital Improvement Plan.
2. Market Value of Improvements: Upon City acceptance of proposed park
improvements in lieu of park land dedication or payment of cash, all
credits for improvements will be granted based on City approved market
value (to include three cost estimates, three recent comparable prices,
three written bids, or a combination thereof) of the work performed
regardless of the actual cost incurred by the developer. The developer
shall also be granted a twenty percent (20%) reduction in the developer’s
park dedication fee requirements as an incentive to make needed
improvements to existing park land.
3. Developers Agreement Required: Should this option be exercised, the
municipality and the developer shall, prior to initiation of work on such
improvements, enter into a Developers Agreement for credit of expenses
for authorized park improvements. The Developers Agreement shall
comply with the requirements set forth in Section 7.07 “Approval Process.”
In no case shall the municipality be required to reimburse the developer if
the developer chooses to improve park lands at an amount greater than
required. A proposed Developers Agreement to provide facility
improvements in lieu of dedication shall be submitted in writing with the
application for any required Concept Plan or Site Plan. In the event that no
Concept Plan or Site Plan is required, the proposed Developers
Agreement shall be submitted with the application for the preliminary plat.
Any improvements for which credit is requested must be submitted for
approval by the City Council in a Developers Agreement.
SECTION 2.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 4.
It is the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5.
The City Secretary of the City of Southlake is directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this
ordinance, and if this ordinance provides for the imposition of any penalty, fine or
forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in as required by the Charter of the City of Southlake.
SECTION 6.
The City Secretary of the City of Southlake is authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible in evidence in all courts
without further proof than the production thereof.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS _____ DAY OF
________________, 2008.
___________________________________
MAYOR
ATTEST:
___________________________________
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS _____ DAY
OF ________________, 2008.
___________________________________
MAYOR
ATTEST:
___________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
___________________________________
City Attorney
Date:_______________________________
ADOPTED:_________________________
EFFECTIVE:________________________