PRESENTER: Presenter
Jeff Bransford, Interim Assistant Director
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SUBJECT: Title
Presentation, Discussion, and Possible Action on a Recommendation to City Council Regarding Compliance with the Park Land Dedication and Development Ordinance by Lennar Corporation for the Navarro Residential Development
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DISCUSSION:
Recommendation
The Navarro residential development is a single-family subdivision in the Guadalupe County Extra Territorial Jurisdiction consisting of fifteen units and a planned 1,319 dwelling units (DUs). Under the applicable Park Land Dedication and Development Ordinance, the development is required to dedicate 7.85 acres of park land based on the number of planned DUs. The developer originally proposed to set aside acreage for a private park to receive a 75 percent reimbursement park development fees if certain ordinance requirements are met.
During the initial Master Plan approval by the Planning Commission on July 2, 2019, City staff noted that the proposed private park did not meet all ordinance requirements to receive the 75 percent reimbursement of park development fees and stipulated that the Parks and Recreation Department would review proposed recreational amenities at the time of final platting to determine reimbursement eligibility.
Throughout the platting process between 2019 and 2023, the developer submitted multiple plat applications stating an intent to set aside land for a private park to be platted with future phases of the Navarro development. Staff advised the developer that this approach was non-compliant with Section 118-60(f) of the subdivision platting ordinance, which requires that for a phased development, the entire park shall be platted concurrently with the plat of the first phase of development. Additionally, the developer failed to secure design approval prior to platting the first unit, which directly caused the subsequent compliance issues.
ISSUE:
Lennar Corporation is making an attempt to seek the 75 percent reimbursement of park development fees for constructing a private park. The latest proposal submitted by the developer remains non-compliant and violates several ordinance requirements, as the proposed land is non-contiguous and encumbered by easements. Of the 7.85 acres required for the 1,319 planned dwelling units, the developer has developed 5.93 compliant acres to date. This compliant acreage is equivalent to serving 996 DUs, leaving a deficit of 1.92 acres and 323 DUs unserved by compliant park land.
Pursuant to the ordinance, this proposed issue is being referred to the Park and Recreation Advisory Board for direction and a recommendation. The Board is asked to consider two options developed by staff:
Option 1 (Denial): This option would deny the developer any fee reimbursement due to the persistent lack of compliance with ordinance requirements, including the failure to secure design approval prior to platting and the ongoing non-compliant state of the proposed park land.
Option 2 (Prorated Reimbursement): This option would recommend that City Council approve an agreement to accept the 5.93 eligible developed acres and issue a 75 percent fee reimbursement only for the 996 served dwelling units, while denying any reimbursement for the remaining 323 unserved dwelling units.
The Board may consider additional options.
FISCAL IMPACT:
The total required park development fee for the 1,319 planned dwelling units, calculated at $1,528 per DU, equates to a total of $2,015,432.
If the Board recommends Option 1 (Denial), there will be no fiscal impact to the City, and the City will retain the full $2,015,432 in collected park development fees.
If the Board recommends Option 2 (Prorated Reimbursement), the City will issue a 75 percent fee reimbursement for the 996 served dwelling units, which equates to $1,141,416. The City would retain the remaining $874,016 in park development fees.
RECOMMENDATION:
This item is presented strictly for Board deliberation and guidance without staff endorsement. Recommendation