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CITY OF LAREDO CITY COUNCIL WORKSHOP M2006-W-02 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 March 8, 2006 12:00 NOON
I. CALL TO ORDER
With a quorum present Mayor Elizabeth G. Flores called the meeting to order. II. ROLL CALL
In attendance:
Elizabeth G. Flores, Mayor Alfredo Agredano, Council Member, District I Hector Garcia, Council Member, District II Johnny Rendon Council Member, District V Jose A. Valdez, Jr., Mayor Pro Tem, District VII Juan Ramirez, Council Member, District VIII Donna Magnon, Deputy City Secretary Larry Dovalina, City Manager Cynthia Collazo, Deputy City Manager Horacio De Leon, Assistant City Manager Rafael Garcia, Assistant City Manager Jaime Flores, City Attorney
Motion to excuse Cm. Galo, Cm. Amaya, and Cm. Belmares.
Moved: Cm. Galo Second: Cm. Ramirez For: 5 Against: 0 Abstain: 0 III. PLEDGE OF ALLEGIANCE
Mayor Flores led in the Pledge of Allegiance.
IV. Presentation by Carter & Burgess, Inc., on the proposed Parkland Dedication Ordinance. DRAFT Parkland Dedication Ordinance Kevin Conner, Project Manager Agenda Today · Review The Background Information · Ask for Input and Comments
· Current Status of Proposed Ordinance - Staff has reviewed the Ordinance - Park Advisory Committee is reviewing - Next Step Council Workshop Public Meeting Planning and Zoning Commission City Council
Parks and Open Space Master Plan
- Provide the framework for orderly and consistent planning and development - Provides detailed research and facts concerning the community and the roles of parks and recreation - Establish priorities and statements of direction based on a community of park land to meet future needs
Laredo Park Acreage Guidelines
Local Park Acreage Guidelines Compared to 2000 Population in Laredo
Local Park Acreage Guidelines Compared to 2006 Population in Laredo
Local Park Acreage Guidelines Compared to 2011 Population in Laredo
Who Has a Parkland Dedication Ordinance?
Purpose of Proposed Ordinance
Land Dedication · Parkland Dedication Requirement: Single Family 1 Acre per 51 Dwelling Units Conveyance at time of Final Plat Approval Multi Family 1 Acer per 71 Dwelling Units Conveyance at time of Building Permit Issuance · Other Options: Cash Payment in Lieu Land Turnkey Park Development in lieu of Land · Role of Park Director Review
City with Park Director in Prominent Role
Parkland Dedication Rates Comparison
Cash Payment in Lieu of Land
· Cash Payment Option Subject to approval of Parks Director (A x V) + Ap = Cash Payment in Lieu of Land -A is the required parkland dedication on acres -V is the per-acre valuation, Based on an independent appraisal -Ap is the cost of the independent appraisal
Park Development in Lieu of Parkland Dedication of Cash Payments
· Construct a public parkland and dedicate it to the City. -Allowed for only 50% of the size of the required park dedication. -Accordance with the needs assessment within the current Parks and Open Space Master Plan. -Improvement to be built per City Standards - Accepted by City Similar to acceptance of other public improvements - Park Development Fees are refunded
Park Development Fee
· At building permit issuance, a parkland Development fee will be required along with the other building permit fees. - Single Family: $184.00 x 3.90 PPH = $718 per dwelling unit - Multi-Family $164.00 x 2.82 PPH = $519 per dwelling unit
Park Development Fee Comparison
Credits
· Credit shall be given for land dedication in accordance to the Green Space Preservation Ordinance. · Parkland credits may be sold or transferred -Full credit if receiving project is with ins a 2 mile radius of the original project boundary from which the credit originated -1/2 credit if receiving project is outside a 2 mile radius of the original project boundary from which the credit originated
Additional Requirements
-Dedication to be 1.5 times the amount of land required - Entirety of floodplain in project boundary dedicated -Land suitable for recreational uses - Land not cleared, channelized, or altered
- Land to be dedicated must have proportion ratio (width by depth) of 2:1 - Minimum dimension of dedication is 150’ - Should no have an overall gradient steeper than 10%
- Can meet up to 25% of the dedication requirements - May only be used for Hike/Bike Trails Soccer Fields Other used as approved by the Director of Parks
- All improvements must be building 1’ higher than the area inundated by a 2 yr. storm event - Must be designed in such as way to drain completely - Cost of any drainage structures, control structures. excavation, or other drainage related features shall only count toward drainage requirements, not toward park dedication or development requirements - Restrooms, concession stand, and similar buildings must be located out of detention/retention area.
Review of Dedication Requirements
Comments from Park Advisory Committee
Fee must be spent By City for Park development · Section 24.56.6.A.i: The term “without hindrance” needs clarification Needs to apply to ADA requirements Needs to apply to gated vs. non-gated communities · General Comment: Need provisions for master plan phasing · General Comment: The Park Advisory Board should be included as A review board within the Development Review Process
The Following Draft Ordinance was submitted.
SECTION 24.56.1 Purpose
This section is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision and site development in the City of Laredo. This section is enacted in accordance with the home rule powers of the City of Laredo, granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by the way of limitation, Texas Local Government code Chapter 212 (Vernon 1988; Vernon Supp. 1999.) It is hereby declared by the City Council that recreational areas in the form of parks are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the City, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property.
Therefore, the following requirements are adopted to effect the purposes stated above and shall apply to any land to be used for residential purposes:
Section 24.56.2 General Requirements
Dedications shall cover both land and development costs for parkland for all types of residential development.
Land Dedication
Whenever a final plat is filed of record with the County Clerk of Webb County for development of a residential area in accordance with the planning and zoning regulations of the City, such plat shall contain a clear fee simple dedication of an area of land to the City for park purposes. Refer to Appendix A, Fees and Calculations, attached herein and incorporated and made a part of this ordinance for all purposes.
Any proposed plat, general plan, or master plan submitted to the City for approval shall show the area proposed to be dedicated under this section. The proposed dedication shall be approved in concept by the Parks Director prior to such submittal. The required land dedication of this subsection may be met by a payment of money in lieu of land when permitted or required by the other provisions of this section.
In the event a plat is not required this dedication shall be met prior to the issuance of a building permit.
In instances where an area of less than five (5) acres is required to be dedicated, the Director of Parks shall have the right to accept the dedication for approval on the final plat, or to refuse same.
The City shall have the right to require Cash Payment of cash in lieu of land in the amount provided within this Ordinance, if it is determined by the Director of Parks that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks.
The dedication required by this Section shall be made by filing of the final plat, or contemporaneously by separate instrument unless additional dedication is required subsequent to the filing of the final plat. If the actual number of completed dwelling units excess the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by Cash Payment lieu of land amount provided above. For multi-family development or development where parkland was neither previously dedicated nor payment made with the filing of a plat, the additional dedication or payment in lieu of land required by this section shall be made at the time of the building permit application.
B. Cash Payment in Lieu of Land
A landowner or developer responsible for dedication under this section may request to meet the requirements of Section 24.56.2 A in whole or in part of cash payment in lieu of land, in the amount set forth in Appendix A. This request is subject to the approval of the Director of Parks. Such payment in lieu of land shall be made on a per-lot or per-residence basis prior to the issuance of a building permit.
The fee in lieu of land dedication requirement shall be met by a payment of a fee set from time to time by City Council ordinance, sufficient to acquire parkland or to improve existing parks. Refer to Appendix A, Fees, and Calculations, attached herein and incorporated and made part of this ordinance for all purposes. Cash payments may be used for acquisition of new parklands or development of existing parkland, within a two (2) mile radius of the overall development boundary. If the level of service or parks within that radius is determined to be adequate based upon the judgment of the Director of Parks and the most recent Parks and Open Space Master Plan as maintained by the City, then the cash payment may be spent at the Director of Parks’ discretion for park development or parkland acquisition outside of the two (2) mile radius.
C. Park Development Fee
In addition to the land dedication, there shall also be a fee set from time to time by City Council ordinance sufficient to provide for development of the land to meet the standards for a neighborhood park to service the zone in which such development is located. Refer to Appendix A, Fees and Calculations, attached herein and incorporated and made part of this ordinance for all purposes. Cash payments may be used only for development or acquisition of a neighborhood park located within the same zone as the development.
D. Park Development in Lieu of Parkland Dedication or Cash Payment
A landowner or developer may request that he construct park improvements and dedicate the land and the improvements to the City, in fulfillment of the requirements of this Ordinance. Such improvements shall be in accordance to the needs assessment within the current Parks and Open Space Master Plan, as adopted by the City. Development plans and specifications shall be subject to the review and approval or disapproval by the Director of Parks. All improvements shall be accepted by the City prior to the issuance of the first certificate of occupancy within the subject development or plat. Once improvements are accepted by the City the landowner or developer shall deed the property and improvements to the City.
If this request is approved by the Director of Parks, the area of the park to be improved and dedicated is allowed to be only fifty percent (50%) of the size of the required park dedication, provided that the resulting park size is no less than five (5) acres. L The performance criteria listed in Section 24.56.6 still applies to the resulting park.
The total cost of the dedicated parkland and the improvements shall equal an amount equal to the Cash Payment in Lieu of the Parkland Dedication. Please refer to Section 24.56.2.B to calculate the Cash Payment amount.
The landowner or developer shall post a financial guarantee for one hundred percent (100%) of the estimated cost of the improvements. This guarantee shall be filed with Development Services concurrently with the submission of the first final plat or building permit, whichever is applicable. The financial guarantee will be released after the following requirements are met:
· Improvements must have been constructed in accordance with the Approved Plans
· All Parkland upon which the improvements have been constructed has been dedicated as required under this ordinance
· All manufacturer’s warranties have been provided for any equipment
· Improvements must meet all applicable Federal, state, and local regulations.
· A certificate of Completion and Acceptance have been issued by the City Manager of his designee
· A Certificate of Completion and Acceptance have been issued by the City Manger or his designee
· Development of parkland must be completed and accepted by the City at time of acceptance of other public improvements by the City
Upon issuance of Certificate of Completion, the landowner or developer warrants for a period of one (1) year. The City manager or his designee shall release the financial guarantee upon the expiration of the warranty period provided all warranty work has been completed and accepted by the City.
At time of acceptance of park improvements by the Director of Parks, the landowner or developer shall receive a refund of the park development fee based on the number of dwelling units within the plat that contains the park built by the landowner or developer.
The City may draw down on the financial guarantee if:
· Landowner or developer fails to complete the improvements in accordance with the Approved Plans
· Landowner or developer fails to complete any warranty work
· Landowner or developer fails to dedicate the parkland on which the improvements are constructed
Landowner or developer shall be liable for any deficiency between the amount of the guarantee and the cost of completion of the installation of improvements or the amount of any warranty work.
The City may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the City does purchase park land in the park zone, the City shall have the right to require subsequent park land dedications for that zone to be in cash only. This will be to reimburse the City its purchase cost. Once the City has been reimbursed entirely for all such parkland within a park zone, this subsection shall cease to apply, and the other subsections of this section shall be applicable.
Section 24.56.3
Credit shall be given for land and/or money dedicated.
Credit shall be given for land dedicated in accordance to Section 24-57.9 of the Green Space Preservation Ordinance, if the said dedication complies with the requirements of this ordinance. Credit will be given pursuant to Section 24.56.6.
If a dedication requirement arose prior to passage of this section, that dedication requirement shall be controlled by the ordinance in effect at the time such obligation arose, except that additional dedication shall be required if the actual density of structures constructed upon property is greater than the former assumed density. Additional dedication shall be required only for the increase in density and shall be based upon the ratio set forth in 24.56.2 of this section.
If a landowner or developer wishes to dedicated additional parkland, the parkland dedication in excess of the requirements of this ordinance is deemed a Parkland Dedication Credit. Such Parkland Dedication Credit may be sold or transferred between projects at full credit for the requirements of this ordinance, provided that the receiving project is within or crosses a two (2) mile radius of the project boundary of the site from which the credit originated. Such Parkland Dedication Credit may be sold or transferred between projects at half credit for the requirements of this ordinance, provided that the receiving project is outside of a two (2) mile radius of the project boundary of the site from which the credit originated.
The origination of Parkland Dedication Credits and their later use must be acknowledged in writing from the Director of Parks.
Section 24.56.4 Special Fund
There is herby established a special fund for the deposit of all sums paid in lieu of land dedication under this section or any preceding ordinance, which fund shall be known as the Parkland Dedication Fund.
The Director of Parks shall administer the Parkland Dedication Fund, which shall be used for the acquisition or development of parkland.
Section 24.56.5 Park and Open Space Master Plan Consideration
The Park and Open Space Master Plan as adopted by the City Council is intended to provide the Laredo Parks and Recreation Advisory Committee with a guide for future Park, Recreation, and Open Space development within the City of Laredo through the early part of the 21st Century.
Section 24.56.6 Additional Requirements: Definitions
A. Any land dedicated to the city under this section must be suitable for park and recreational uses.
a. land that is in the unimproved floodway of a one hundred (100) year storm event according to the City’s floodplain administrator is not eligible for fulfilling the dedication requirements of this ordinance.
b. Land that is in a floodplain of a one hundred (100) year storm event is eligible for fulfilling the dedication requirements of this ordinance, provided that:
· An amount equal to one and a half (1.5) times the amount of land required under § this ordinance is dedicated.
· The entirety of the floodplain that is located within the property boundaries of the development is dedicated.
· the floodplain lands to be dedicated in fulfillment of this ordinance are suitable for recreational uses as determined by Director of Parks.
· The flood plain lands to be dedicated in fulfillment of this ordinance are not cleared, channelized, or altered.
c. the land to be dedicated in fulfillment of this ordinance must have an overall property proportion ratio (width by depth) or two to one (2:1), dimension of a parkland dedication under this ordinance is one hundred fifty (150) feet. Floodplain areas or parkland dedications along drainageways are exempt from this requirement.
d. The land to be dedicated in fulfillment of this ordinance should not have an overall gradient steeper than ten percent (10%) in any direction.
(e) Criteria for floodplain areas or parkland dedications along drainageways are stated in section 24-57.9 F of the Green Space Preservation Ordinance.
(f) the land to be dedicated in fulfillment of this ordinance along an unimproved creek shall not be cleared, altered, or have the under story removed.
(g) Detention/retention improvements maybe accepted at the discretion of the Director of Parks up to twenty five percent (25%) of the parkland dedication requirements. The area of the detention/retention improvements that may apply toward the subject 25% includes only that area upon which the park improvements are proposed. If accepted as part of a park or parkland dedication, only the following uses will be allowed for detention/retention areas:
i. hike/bike trails
ii. soccer fields
iii. other uses as approved by the Directors of Parks
(h) Recreation facilities built by a landowner of developer within detention/retention areas can be accepted pursuant to Section 24.56.2.D. Additional requirements apply to recreation facilities built within detention/retention areas, including:
i. All improvements must be built one (1) foot higher than the area inundated by a two (2) year storm events. Hydraulic and hydrology models used to calculate such areas must use hydrology generated by ultimate build out of the contributing watershed
ii. The area within the detention/retention area that is lower than the area inundated by two (2) year storm event must be design in such as way to drain completely. Use of trickle channels is encouraged.
iii. The cost of any drainage structures, control structures, excavation (except in direct relation to construction of recreational facilities), or other drainage related features shall not be included as meting the requirements of Section 24.56.D
iv. Restrooms, concessions stands, and similar buildings must be located out of the detention/retention area.
(i) If existing trails (maintained by the City of Laredo), parkland (maintained by the City of Laredo), or public schools abut the property, preference for the land to be dedicated in fulfillment of this ordinance should be given to the land abutting the existing trail or school.
(j) All parkland dedications and park development that is dedicated to the city in fulfillment of the requirements of this ordinance must be fully accessible to the general public without hindrance.
B. parks should be easy to access and open to the public view so as to benefit area development, enhance the visual character of the city, protect public safety and minimize conflict with adjacent land uses. The following guidelines should be used in designing parks and adjacent development.
(a) Where physically feasible, park sites should be located adjacent to greenways and/or schools in order to encourage both shared facilities and the potential co-development of new sites.
(b) A proposed subdivision adjacent to a park may not be designed to restrict reasonable access to the park from other area subdivisions. Street and greenways connections to existing or future adjoining subdivisions my be required to provide reasonable access to parks.
c. Where a non-residential use must directly abut a park, the use must be separated by a screening wall or fence and landscaping. Access points to the park may be allowed by the Planning and Zoning Commission if public benefit is established.
d. It is desirable that a minimum of fifty percent (50) of the perimeter of a park should be abut a public street. In all cases, the City shall approve the proposed street alignment fronting on city parks.
e. Street abutting a park shall be built in accordance with the thoroughfare plan and the standards of this ordinance; however, the City may require any residential street built adjacent to a park to be constructed to collector width to ensure access and prevent traffic congestion. Landowner or developer may request oversize participation in such instance.
Section 24.56.7
Appeal for any decision by the Director of Parks in regards to the provisions of this ordinance is to the Parks and Recreation Advisory Committee. Appeal for any decision by the Parks and Recreations Advisory Committee in regards to the provisions of this ordinance is to the Planning and Zoning Commission. Such appeal consideration by the Planning and Zoning Commission under this ordinance shall include the recommendations of the Parks and Recreation Advisory Committee. The Commission may make a decision contrary to such recommendations only by a concurring vote of at least five (5) members.
Appeal for any decision by the Planning and Zoning Commission in regards to the provisions of this ordinance shall be the City Council
Section 24.56.8 Review of Dedication Requirements
The City shall review the fees set forth in this section every three (3) years or more frequently as needed. The City shall take into account inflation as it affects land and park development costs as well as the City’s targeted level of service for parkland per one thousand (1,000) population. Fees shall b set by the City Council ordinance.
V. EXECUTIVE SESSION
The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.
VI. ADJOURNMENT
Motion to adjourn. Time: 1:38
Moved: Cm. Rendon Second: Cm. Garcia For: 5 Against: 0 Abstain: 0 |
