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

 

  • Adopted November 18, 2002
  • Purpose

-         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

  • Parkland Dedication ordinance was  a key recommendation

 

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

 

  • To include parkland dedication and development in the residential plan or building permit  approval process Parkland Dedication Criteria
  • Land Dedication
  • Cash Payment in Lieu of Land
  • Park Development in Lieu of Parkland dedication or cash payment
  • Park Development Fee
  • Credit
  • Dedication Requirements

 

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

 

City

Cost per Dwelling Unit

College Station

SF - $358; MF - $292

Mc Allen

$650

Bryan

SF - $358; MF $292

Fort Worth

$30,000 per acre based on the required acreage of the Neighborhood Park dedication

 

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

 

  • Land is unimproved floodway is not eligible
  • Land in 100 year floodplain eligible if:

-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

  • Except fro a dedication a floodplain, the parkland dedication shall:

-  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%

  • Detention/retentions areas may be accepted at the discretion of the Director of Parks.

 - 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

  • Recreation facilities built within detention/retention areas must meet the following:

    - 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.

 

  • Land abutting existing trail or school should be given preference
  • All dedications and park development must be fully accessible to the public without hindrance
  • Parks should be easy to access and open to the public view

 

Review of Dedication Requirements

 

  • The city shall review the fees and dedication requirements every 3 years
  • Fees shall be set by City Council ordinance

 

Comments from Park Advisory Committee

  • Section 24.56.2C:  Parks Development Fee needs to apply only to new residences
  • Section 24.56.2C:  Provide for specific timeframe in which the Park Development

 

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