Presenter/Contact
Presenter
Stacey Dicke, Parks and Recreation Director
Contact Info
(830) 221-4350 - sdicke@nbtexas.org
Subject Header
SUBJECT:
Title
Discuss and consider approval of the first reading of an ordinance amending the Code of Ordinances Chapter 118, Article V, Parkland.
Body
BACKGROUND / RATIONALE:
During the March 12 City Council meeting, the City Council postponed this item to the March 26 City Council meeting. The Council ad-hoc committee met on March 22. During the March 26 City Council meeting, the City Manager asked that the item be postponed until the April 9 City Council meeting to give staff and the ad-hoc committee additional time to make final edits to the proposed ordinance.
The City’s first Park Land Dedication and Development Ordinance was passed in 2006. Since that time, population, land values, and other costs associated with park development have increased; therefore, it is incumbent on the City to periodically review the ordinance for accuracy.
Staff has worked with Dr. John Crompton of Texas A&M University, to update the ordinance. An overview of the ordinance was presented on the following dates:
• January 11, 2016 City Council Presentation
• April 10, 2016 Development Community Workshop (Dr. Crompton)
• April 11, 2016 City Council Workshop (Dr. Crompton)
• May 3, 2016 Planning Commission (Dr. Crompton)
• September 29, 2016 Development Community Workshop (Dr. Crompton)
• May 11, 2017 Development Community Workshop
• June 6, 2017 Joint Park Board/Planning Commission Meeting
• June 13, 2017 Development Community Workshop
• June 20, 2017 Parks & Recreation Advisory Board Presentation
• July 5, 2017 Planning Commission
• October 16, 2017 City Council Presentation
• March 6, 2018 Planning Commission
• March 12, 2018 City Council Presentation
• March 26, 2018 City Council Presentation
Fees in-lieu-of land dedication and park development fees are one tool the City uses to acquire and develop new park land. This new Ordinance will help to fiscally sustain the City’s need to acquire and develop new parks as population increases. The Parks and Recreation Strategic Master Plan will guide the identification of service levels needed for park land acquisition and construction.
The table below summarizes the major proposed recommendations:
|
|
Current |
Staff Proposed |
Park & Rec Board |
Planning Commissions |
Ad Hoc Committee |
|
Use of park funds |
Previously 10 years |
Funds must be spent within 7 years |
Same as proposed |
Same as proposed |
Previously 10 years |
|
Review and update Park Development Fee |
No review |
Every 3 years |
Every 3 years |
Every 3 years |
Every 3 years, possibly with annual reporting |
|
Fee in-lieu-of Neighborhood/Community |
$100 |
$208 |
$208 |
$200 |
$208 |
|
Park Development Fee Neighborhood/Community |
$500 |
$2,038 |
$2,038 |
$1,000 |
$1,325; 3 year phase-in 65% / 80% / 100% |
|
Fee in-lieu-of Regional Park |
No regional park fee |
$142 |
$142 |
$0 |
NA |
|
Park Development Fee Regional Park |
No regional park fee |
$1,387 |
$1,387 |
$0 |
NA |
|
Private Park Credit |
Fee in-lieu-of and park development fee 100% eligible for credit for private parks; No manual or standards; 2-acre minimum |
Fee in-lieu-of park land dedication 50% eligible for credit; No credit for park development fee; New guidance manual provides park standards for private park credit process 2-acre minimum |
Same as proposed. |
A 100% credit policy for fee in-lieu-of and park development fees; 120-day implementation upon approval date to grandfather master plans, fiscal surety through bond or letter of credit. |
A credit policy for private parks to be set at 75% of the park development fee if private parks meet procedures, requirements and PARD standards set forth in the code and manual. |
Additional changes to the ordinance include:
• A Park Land Dedication and Development Ordinance Manual has been developed to accompany the ordinance providing details on ordinance application.
• Park Quadrants will be referred to as Park Districts.
• Codification of the cities right to reimburse itself for the purchase of park land from the park development fund.
• Requirement for close out procedure to submit affidavit and receipts for private park development are codified.
• Warranty required for public park improvements is clarified.
• The formula to calculate fees is equivalent to the current level of service vs. Master Plan goals.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
|
X |
Yes |
City Plan/Council Priority |
Maintain fiscal stability of City operations, update user fees |
FISCAL IMPACT:
In recent history, 1,000 dwelling units per year have been assessed the park land dedication fee. Therefore, if this trend were to continue with half being of the dwelling units being from new master plans and the proposed fee fully implemented, total fee collection would increase from approximately $600,000 to $2,246,000. There are 9,315 lots that will not be impacted by the new ordinance and fees.
Recommendation
COMMITTEE RECOMMENDATION:
On March 12, 2018, the City Council approved the formula for the fee in-lieu-of park land and park development fees. On March 12, 2018, the City Council approved the formula for the fee in-lieu-of park land and park development fees. The City Council then appointed an ad-hoc committee to work with staff on a proposal to offer the City Council for consideration. Based on two meetings of the Ad-Hoc Committee, the following is recommended:
Neighborhood/Community Parks
- A fee in-lieu-of park land dedication to remain be set at $208 with no rebate provided.
- A fee phase-in over the next three (3) years at 65%, 85%, and 100%, each year respectively.
- A rebate policy for private parks to be set at 75% of the park development fee if private parks meet procedures, requirements and PARD standards set forth in the code.
At its March 6, 2018 meeting, the Planning Commission voted 5-2 to recommend a $1,000 Neighborhood/Community Park Development Fee, a $200 Cash In-Lieu-Of Neighborhood/Community Park Land Dedication, $0 Regional Park Development Fee, $0 Cash In-Lieu-Of Regional Park Land Dedication, 100% credit eligibility for fee in-lieu-of-and park development fee for private parks, implementation of 120 days upon approval date to grandfather Master Plans submitted to the Planning Division, and to allow funding to be provided in a trust bond or letter of credit. Commissioners Bowers and Laskowski voted in opposition, and Commissioners Sonier and Tubb were absent.
The Parks and Recreation Advisory Board recommended approval of the revised ordinance and associated fees at their meeting on June 20, 2017.
STAFF RECOMMENDATION:
In order to provide the City Council a sound methodology to maintain the community’s investment in parks for New Braunfels, staff recommends full implementation of the original recommended formula. However, staff recognizes the discussion and that this is a policy decision of the City Council.