Dedication of park land provides new residents and visitors with recreational amenities and green infrastructure consistent with the current level of park services for existing residents. (Ord. No. 33280)

   This article does not apply to:

      (1)   plats, replats, or issuance of building permits for new construction on land owned by a governmental unit; and

      (2)   developments in planned development districts, existing on July 1, 2019, with open space or park land requirements. (Ord. No. 33280)

   (a)   Definitions. In this article:

      (1)   CPI means the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, published by the Bureau of Labor Statistics of the United States Department of Labor

      (2)   DIRECTOR means the director of the park and recreation department.

      (3)   DENSITY FACTOR means a number reflecting the diminishing expectation of park land acres per dwelling unit in increasingly dense urban environment.

      (4)   DWELLING UNIT FACTOR means a number reflecting the number of parkland acres for each dwelling unit proposed by a development plan.

      (5)   HOTEL AND MOTEL USE means a hotel or motel use, extended stay hotel or motel use, lodging or boarding house use, short-term rental lodging, or residential hotel.

      (6)   LAND VALUE means the market value of land per acre, not including improvements to the land.

      (7)   MULTIFAMILY USE means a college dormitory, fraternity, or sorority house, group residential facility, multifamily use, or retirement housing.

      (8)   PARK DEDICATION ZONE means an area as illustrated on the park land dedication map created by the park and recreation department defining the area where dedication may occur.

      (9)   PLAN has the meaning assigned by Texas Local Government Code Section 212.201.

      (10)   RESERVED DWELLING UNITS has the meaning assigned by Division 51A-4.1100.

      (11)   SINGLE FAMILY OR DUPLEX USE means a duplex use, handicapped group dwelling unit, or single family use.

         (A)   In computing a period of days under this article, the first day is excluded and the last day is included.

         (B)   If the last day of any period is a Saturday, Sunday, or holiday, the period is extended to include the next day that is not a Saturday, Sunday, or holiday. (Ord. No. 33280)

      (1)   For a single family or duplex residential development: One acre per 100 dwelling units. Less than 100 dwelling units on a pro rata basis.

      (2)   For a multi-family development:

         One acre per 255 single bedroom dwelling units. Less than 255 dwelling units on a pro rata basis.

         One acre per 127 two bedroom or greater dwelling units. Less than 127 dwelling units on a pro rata basis.

      (3)   For a hotel or motel use development: One acre per 233 guest rooms. Less than 233 guest rooms on a pro rata basis. (Ord. No. 33280)

   (a)   The owner of property for which dedication is required may pay a fee-in-lieu of dedication in the amount determined by this article and Section 51A-1.105.

   (b)   For single family or duplex uses, payment of the fee-in-lieu is required at the time of issuance of building permits. For multifamily and hotel and motel uses payment of the fee-in-lieu is required at the time of the issuance of a final certificate of occupancy.

   (c)   Payments may be used only for acquisition or improvement of park land and facilities located within the same park dedication zone as the development and to increase connectivity in the city’s trail system located within the same park dedication zone as the development. Fees may be applied to any type of park site or improvement within the park dedication zone in accordance with park and recreation department prioritization.

   (d)   For developments in more than one park dedication zone, or that abut another park dedication zone, fees-in-lieu may be spent in either park dedication zone.

   (e)   For Park Dedication Zone One (the Downtown/Uptown Zone) as shown on the parkland dedication zone map, fees-in-lieu may be used to increase connectivity in the city’s trail system for the recreational benefit of the residents of that area. (Ord. No. 33280)

      (1)   Where physically feasible, parks should be bound by streets or by other public uses (e.g., school, library, recreation center) to facilitate access and possible joint use.

      (2)   Where residential lots directly abut a park, consideration should be given to future owners’ access to the facility and protection from future park uses, such as lighting and noise.

      (3)   Dedicated park land must be in a location that is accessible by the public.

      (4)   The director may accept dedication of property within the park dedication zone that provides for access to parks other than community and neighborhood parks.

      (5)   The land must comply with current park standards.

      (1)   Land dedicated for park and recreational areas must be of such size, dimensions, topography and general character as is reasonably required by the city for the type of use necessary to meet the current park system requirements.

      (2)   Land proposed to be dedicated for parks must generally meet the following requirements. The director may recommend the acceptance of the dedication of property that does not meet these criteria if the property is adjacent to an existing park or other public space, provides access to a park, or otherwise presents an opportunity to enhance the city parks system consistent with the park and recreation department’s comprehensive plan update.

            (i)   The minimum size of land dedicated for a park is 0.5 acre.

            (ii)   Land dedicated for a park must be a contiguous piece of property that can physically accommodate improvements associated with a park.

            (i)   Unless otherwise approved by the director, land must be vacant and cleared of nonvegetative material.

            (ii)   The land must be in full compliance with all ordinances, rules, and regulations of the city.

            (iii)   Except when approved by the director, the land must not have severe slopes or unusual topography that would not allow the park to be used for its intended purpose without recontouring the property.

            (i)   If land is proposed to be dedicated by plat, before submittal of a final plat, the applicant shall submit either a phase I environmental assessment that shows no environmental conditions exist on the property or a phase II environmental assessment that shows no remediation is required.

            (ii)   If land is proposed to be dedicated by separate instrument, before acceptance the applicant shall submit either a phase I environmental assessment that shows no environmental conditions exist on the property or a phase II environmental assessment that shows no remediation is required.

      (3)   For developments in more than one park dedication zone, property may be dedicated in either park dedication zone.

      (1)   The trail head must be made accessible to the public on an instrument approved by the city attorney and accessible to the public at all times that the trail head is accessible to the development’s residents; and

      (2)   The trail head must include trail serving amenities such as:

         (A)   Arch space.

         (B)   Event space.

         (C)   Exercise equipment.

         (D)   Gardens.

         (E)   Open space.

         (F)   Pet amenities.

         (G)   Restrooms. (Ord. No. 33280)

      (1)   There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication under this section. The fund will be known as the “park land dedication fund.” Except as provided in this section and Section 51A-8A.1005, funds will only be released from the park land dedication fund to buy, build, enhance, or maintain a park within the park dedication zone, from which the funds originated and acquire or improve park land, facilities, and increase connectivity in the city’s trail system located within the same park dedication zone from which the funds originated.

      (2)   Fees paid into the park land dedication fund must be spent by the city within 10 years after the payment of the required fees. If the funds cannot be spent within the 10-year period, the owners of the property on the last day of the 10-year period will be entitled to a refund of the unexpended sum upon request. The owners of the property, as shown on the current tax roll or proven by other instrument, must request a refund within one year of the expiration of the 10-year period. The request must be made in writing to the director.

   (b)   Expenditures. The park land dedication fund must be used for the acquisition and improvement of parks and may not be used for park maintenance or city staff overhead expenses. Indirect costs reasonably incurred in connection with park acquisition and improvement, such as appraisal fees, environmental assessment costs, legal expenses, and engineering and design costs, are limited to a maximum of 10 percent of total acquisition or improvement costs. (Ord. No. 33280)

   (a)   This section applies to dedication for single family or duplex uses only.

   (b)   Issuance of a building permit for a single family or duplex development requires confirmation of deposit into the park land dedication fund of the fee-in-lieu in the amount established pursuant to Section 51A-8A.1005 or on-site dedication shown on a final plat. (Ord. No. 33280)

      (1)   This section applies to dedication for multifamily or hotel and motel uses only.

      (2)   This section only applies to a development plan or building permit that includes a multifamily or hotel and motel use. If a development plan includes a combination of uses, the amount of parkland dedication is based only on the pro rata portion of the land proposed to be multifamily or hotel and motel use.

      (3)   This section does not apply to reserved dwelling units. If a development plan includes a combination of reserved dwelling units and market rate dwelling units, the amount of parkland dedication is based only on the pro rata share of the market rate dwelling units.

         (A)   The director’s determination must be in writing and sent to the owner of the subdivision or development within 30 days of the latter of:

            (i)   if the director does not request additional information under subsection (b), the date the director receives the request for determination;

            (ii)   the date the director receives the requested additional information under paragraph (2); or

            (iii)   the date the director receives a response from the owner of the subdivision or development saying the requested additional information will not be provided to the director because it is not publicly and readily available.

         (B)   The director’s determination regarding the amount of dedication is binding for the lesser of two years, or the day the owner of the subdivision or development files a development plan that relies on the director’s determination.

      (1)   Before the city council holds the public hearing designating all the territory within the city as central business district, suburban, or urban areas, the city secretary shall give notice of the public hearing in the official newspaper of the city at least 30 days before the hearing.

      (2)   The affirmative vote of a majority of the city council members present is needed to approve the designation of all the territory within the city as central business district, suburban, or urban areas.

      (3)   Within 10 days of the city council designating all the territory within the city as central business district, suburban, or urban areas, the city secretary shall notify each appraisal district of the designation.

      (1)   In years when the appraisal district does not calculate the average land value of each area, the director shall determine the average land value.

      (2)   The director shall calculate the average land value using the following formula:

         (A)   First, average each of the previous year’s monthly CPI rate.

         (B)   Second, add one to the rate in subparagraph (a).

         (C)   Third, multiply the figure in subparagraph (b) by the previous year’s average land value.

      (3)   The calculations under this subsection are not required in the years when the appraisal districts make the calculations required under subsection (a). In those years, the director shall use the land valuation provided by the appraisal districts.

      (1)   First, determine the percentage each area is within an appraisal district.

      (2)   Second, multiply each appraisal district’s calculated value of the area by the percentage in Paragraph (1).

      (3)   Third, add each figure resulting from the calculation made in Paragraph (2) together. (Ord. No. 33280)

   (a)   City plan commission. An owner of the subdivision or development may appeal the director’s decision regarding any element of this article by filing a written notice with the director within 30 days after the date of the decision. If an appeal is filed, the city plan commission shall hear the appeal within 60 days after the date of its filing. The director shall forward to the city plan commission the complete record of the matter being appealed. The owner of the subdivision or development shall include a requested adjudication for the issue in controversy. The city plan commission shall hold a public hearing where the owner of the subdivision or development and director may present evidence and testimony under procedures adopted by the city plan commission. The owner of the subdivision or development shall have the burden of proof at the public hearing. The city plan commission shall have the same authority as the director and may uphold, reverse, or modify the director’s decision. The city plan commission shall make its decision within 60 days after the appeal is filed. If the city plan commission fails to act in accordance with this subsection, the appeal is resolved in favor of the owner of the subdivision or development’s requested adjudication.

   The director shall review this article every five years from the effective date. (Ord. No. 33280)