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(a) In-lieu payment.
(1) In general. A property owner may reduce the number of SAH units required to obtain a density bonus by making an in-lieu payment into a special city account, to be known as the Housing Production Trust Fund, for development of SAH units in non-minority concentrated areas of the city. The amount of the payment required is calculated by multiplying the cost of constructing the multifamily dwelling unit [See Paragraph (2) below] required by the number of units of that size that will not be required by reason of the payment. The entire payment must be made to the director before issuance of any required permit.
(2) Cost of constructing multifamily dwelling units. Until January 2, 1995, the cost of constructing a multifamily dwelling unit is as shown:
NUMBER OF BEDROOMS IN UNIT
|
COST PER UNIT
|
1 | $35,000 |
2 | 45,000 |
3 | 55,000 |
4 | 60,000 |
On January 2, 1995, and on January 2 of each odd-numbered year thereafter, the director shall determine the new costs of constructing multifamily dwelling units by using the following formula:
Cost of Constructing Type of Multifamily Unit | X | Dallas Cost Index | X | Historical Cost Index for Year Historical Cost Index for 1993 | X | Cost of Constructing Type of Multifamily Unit In Year X |
Both the Dallas Cost Index and the Historical Cost Indexes must be derived from the most recent issue of Building Construction Cost Data, published by the Robert Snow Means Company, Inc., of Kingston, Massachusetts, unless another publication is designated by the director.
(b) Provision of single family uses. It is assumed that all SAH units provided will be multifamily uses. A property owner may, however, reduce the number of SAH units required to obtain a density bonus by providing one or more single family uses as SAH units in accordance with this subsection and Sections 51A-4.901 through 51A-4.909. The provision of a single family use reduces the number of multifamily bedrooms required as shown:
NUMBER OF BEDROOMS IN THE SINGLE FAMILY USE PROVIDED (“SIZE”) | REDUCTION IN NUMBER OF MULTIFAMILY BEDROOMS REQUIRED |
1 | 2 |
2 | 3 |
3 | 4 |
4 | 5 |
The number of multifamily bedrooms required to obtain a density bonus if a person provides one or more single family uses is calculated as follows. First, determine the number of each size of single family use provided. (For example, a person may provide two two-bedroom and three four-bedroom single family uses as SAH units.) Then, multiply the number of each size of single family use provided by the number of multifamily bedrooms that will not be required by reason of the provision of those single family uses. Next, add these numbers to determine the total number of multifamily bedrooms that will not be required. (In the above example, 21 multifamily bedrooms would not be required because of the provision of the single family uses.) This number is then subtracted from the total number of bedrooms of SAH units that would otherwise be required by Section 51A-4.906(b)(4) to obtain the density bonus. The result is then broken down into the number of different sizes of SAH units required by Section 51A-4.906(b)(4) to obtain the density bonus. (Ord. 21663)
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. 30934, eff. 7/1/19)
(a) In general. Except as provided in this section, park land dedication requirements apply to:
(1) a single family or duplex residential plat or building permit for new construction; and
(2) a development plan or building permit that includes multifamily residential units or a hotel or motel use.
(b) Exceptions. These regulations do 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.
(c) Waivers. Only developments that are enrolled in a program administered by the housing and neighborhood revitalization department and authorized by the city council, that furthers the public purposes of the city's housing policy may be eligible to have some or all of these requirements waived. (Ord. 30934, eff. 7/1/19)
(a) Definitions. In this division:
(1) COMMUNITY PARK means a park that is larger than a neighborhood park and serves several neighborhoods.
(2) DIRECTOR means the director of the park and recreation department.
(3) HOTEL AND MOTEL USE means a hotel or motel use, extended stay hotel or motel use, lodging or boarding house use, or residential hotel.
(4) MULTIFAMILY USE means a college dormitory, fraternity, or sorority house, group residential facility, multifamily use, or retirement housing.
(5) NEIGHBORHOOD PARK means a park that serves a variety of age groups within a limited area or neighborhood.
(6) 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.
(7) PRIVATE PARK LAND means privately owned park land, common area, or green spaces provided on-site that is accessible to the residents of a development.
(8) SINGLE FAMILY OR DUPLEX USE means a duplex use, handicapped group dwelling unit, or single family use.
(a) General. Dedication may be accomplished by dedication to and acceptance of suitable land by the city or by payment of a fee-in-lieu of dedication.
(b) On-site dedication. For single family or duplex residential subdivisions, on-site dedication must be shown on the preliminary and final plat. For multifamily or hotel and motel uses, on-site dedication must be shown on the development plan or other plan submitted with a building permit application.
(c) Off-site dedication. Off-site dedication must be evidenced by a deed to the city that has been accepted by the director.
(d) Deferral. Payment of the fee-in-lieu may be deferred from the time of platting to the time of issuance of building permits.
(e) Dedication calculation. The following formula applies to determine the amount of land required to be dedicated.
(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.
For a college dormitory, fraternity, or sorority house, one acre for 255 sleeping rooms. Less than 255 sleeping rooms 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.
(f) Single family and duplex development. For single family or duplex developments, park land dedication may occur at either the subdivision or permitting phase. Dedication is only required once.
(1) Residential subdivision.
(A) Unless dedication has been deferred to the permitting phase, final approval of a single family or duplex residential subdivision plat requires at least one of the following to satisfy the requirements of Subsection (e) of this section including any credits or off-sets authorized pursuant to Section 51A-4.1007
(i) For park land dedicated within the subdivision, a fee simple dedication on the subdivision plat of the required park land approved by the director.
(ii) For park land dedicated outside the subdivision, evidence of recording in the appropriate real property records of a general warranty deed of the required park land approved and accepted by the director.
(iii) For land platted as a private park, the land must be identified on the plat.
(iv) Confirmation of deposit into the park land dedication fund of the fee-in-lieu of dedication in the amount established pursuant to Section 51A-4.1005.
(B) Land established as a private park for the purposes of this section may not be replatted to change the designation without the approval of the city plan commission. The city plan commission shall not approve a replat that would change the designation unless it determines that:
(i) alternative private park land that satisfies the requirements of this subsection is identified within the original subdivision that meets the dedication requirement; or
(ii) park land dedication require ments are met with an off-site dedication or fee-in-lieu meeting the requirements of this division.
(C) For phased plats, park land dedication plats may only be accepted for the active phase.
(2) Residential building permit. Issuance of a building permit for a single family or duplex development requires at least one of the following to satisfy the requirements of Subsection (e) of this section including any credits or off-sets authorized pursuant to Section 51A-4.1007:
(A) For dedicated park land, evidence of recording in the appropriate real property records of a general warranty deed for the required park land approved and accepted by the director; or
(B) Confirmation of deposit into the park land dedication fund of the fee-in-lieu of dedication in the amount established pursuant to Section 51A-4.1005.
(C) For private park land and publicly accessible private park land, the final plat must be filed or an instrument acceptable to the city attorney must be filed in deed records.
(g) Multifamily and hotel or motel use developments. Issuance of a building permit for a multifamily or hotel or motel use development requires at least one of the following to satisfy the requirements of Subsection (e) of this section including any credits or off-sets authorized pursuant to Section 51A-4.1007:
(1) For dedicated park land, evidence of recording in the appropriate real property records of a general warranty deed for the required park land approved and accepted by the director;
(2) Identification of the required amount of private park on the preliminary and final plats or development plan if applicable; or
(3) Confirmation of deposit into the park land dedication fund of the fee-in-lieu of dedication in the amount established pursuant to Section 51A-4.1005.
(h) Minimum size. If the calculation in Subsection (e) of this section results in less than one acre, the director may require the developer to pay the fee-in-lieu of land dedication as provided in Section 51A-4.1005. The director may approve the dedication of less than one acre of property if the proposed park meets or addresses a need in the park system or presents an opportunity to enhance the city parks system as recommended by the comprehensive plan. (Ord. 30934, eff. 7/1/19)
(a) The owner of property for which dedication is required may pay a fee-in-lieu of dedication in the amount determined in Subsection (c) of this section, and the director shall not refuse any payment of a fee- in-lieu of dedication.
(1) In some instances, the director may require the developer to pay fees-in-lieu of dedicating land. In making this determination, the director shall consider the following factors:
(A) Whether sufficient park land and open space exists in the area of the proposed development; and
(B) Whether recreation potential for an area would be better served by expanding or improving existing parks, by adding land or additional recreational amenities.
(2) The director shall notify the developer in writing of the director's decision to require a fee-in- lieu of dedication and the reason for the decision. The developer may appeal the decision to the park and recreation board by filing a written notice with the director within 15 days after the date of the decision.
(b) Payment of the fee-in-lieu is required at the time of approval of the final plat or issuance of building permits. Cash payments may be used only for acquisition or improvement of park land and facilities 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.
(c) 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.
(d) For Park Dedication Zone Seven (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. 30934, eff. 7/1/19)
(a) In general. To provide recreational amenities on existing park land for new residents and visitors, a park development fee is required to be paid at the time of dedication or payment of fee-in-lieu. Except as provided in this section, park development fees must be applied to parks within the park dedication zone in accordance with park and recreation department prioritization.
(1) Credit may be provided on a dollar for dollar basis for capital improvements on adjacent park land if the capital improvements:
(A) meet minimum park and recreation standards;
(B) are needed and are appropriate for the park land; and
(C) are accepted by the director.
(2) Credit may be provided on a dollar for dollar basis for capital improvements on publicly accessible private park land if the capital improvements:
(A) meet minimum park and recreation standards;
(B) are needed and are appropriate for the park land; and
(C) are accepted by the director.
(3) A maximum credit of 50 percent of the total requirement may be provided for capital improvements on non-publicly accessible private park land if the capital improvements:
(A) meet minimum park and recreation standards;
(B) are needed and are appropriate for the park land; and
(C) are accepted by the director.
(b) Location. For developments in more than one park dedication zone, or that abut another park dedication zone, park development fees may be spent in either park dedication zone.
(c) Timing. Park development fees must be paid at the time all other dedications or payments are made. (Ord. 30934, eff. 7/1/19)
(a) Initial calculations. The director shall determine the amount of land required to be dedicated, or fees-in-lieu of dedication to be paid, in accordance with Sections 51A-1.105(z), 51A-4.1004, 51A-4.1005, and this section.
(1) The director shall first calculate the amount of park dedication required in Section 51A-4.1004;
(2) If the owner of the subdivision or development elects to pay a fee-in-lieu of dedication, or the director requires the payment of a fee-in-lieu of dedication, the director shall calculate the fee according Section 51A-4.105(z);
(3) If the owner of the subdivision or development chooses to satisfy the requirements of this division by a combination of dedication of land and payment of a fee-in-lieu of dedication, the director shall:
(A) First, calculate the total park dedication requirement;
(B) Second, subtract from the total park land dedication requirement the amount of park land to be dedicated;
(C) Third, calculate amount of fee-in-lieu for the remaining amount of park land dedication required by multiplying the remaining land area by the fee-in-lieu per square foot cost factor.
(b) Deductions and credits.
(1) The number of dwelling units, guest rooms, or sleeping rooms requiring dedication is based on a total increase in dwelling units, guest rooms, or sleeping rooms. The director shall deduct from the initial calculation the number of dwelling units, guest rooms, or sleeping rooms in existence within five years of the approval of the preliminary plat or the issuance of the first building permit for the proposed new development. The burden is on the applicant to demonstrate to the satisfaction of the director that the dwelling units, guest rooms, or sleeping rooms existed before the application for the subdivision plat or building permits generating the dedication require ment;
(2) The director shall reduce the dedication requirement of Section 51A-4.1004 or the fee-in-lieu of dedication requirement of Section 51A-4.1005, as applicable, by one or more of the following credits:
(A) The director shall grant a maximum credit of 100 percent of the total dedication requirement for publicly accessible private park land provided within the subdivision or development generating the dedication requirement that meets the requirements of this paragraph.
(i) To be eligible for credit, publicly accessible private park land must be:
(aa) made accessible to the public on an instrument approved by the city attorney;
(bb) of a size approved by the director to appropriately meet the needs of the development;
(cc) provide landscaping and recreational amenities approved by the director; and
(dd) be open to the public during all times it is accessible to the residents of the development.
(ii) Equipment in a private park must comply with city standards applicable to the type of equipment.
(iii) A publicly accessible private park land instrument must:
(aa) contain a legal description of the development and the publicly accessible private park land;
(bb) be signed by all owners and lienholders of the development property and is binding on lienholders by a subordination clause;
(cc) be approved by the director;
(dd) be approved as to form by the city attorney;
(ee) create a covenant running with the land;
(ff) provide that the owners of the property development are responsible for all general park maintenance at a level consistent with minimum park and recreation standards;
(gg) provide necessary easements for access to the publicly accessible private park land;
(hh) give the city the right, but not the obligation, to take any action needed to make necessary repairs or improvements within the publicly accessible private park land, and to place a lien on all lots within the development until the city has received full compensation for that action;
(ii) provide that the owners of property in the development agree to defend and indemnify the city, and to hold the city harmless from and against all claims or liabilities arising out of or in connection with publicly accessible private park land or publicly accessible private park land instrument;
(jj) provide that it is governed by the laws of the State of Texas; and
(kk) provide that it may only be amended or terminated:
(I) with the consent of all the owners and lienholders of property in the development;
(II) upon the dedication of any park land or payment of a fee-in-lieu necessary to meet the requirements of this section; and
(III) after approval as to form by the city attorney, and approval by the director.
(B) A maximum credit of 50 percent of the total requirement will be given for non-publicly accessible private park land provided within the subdivision or development generating the dedication requirement that meets the requirement of this subparagraph. Private park land eligible for credit must:
(i) be of a size approved by the director to appropriately meet the needs of the development;
(ii) be maintained at a level consistent with minimum park and recreation maintenance standards;
(iii) provide landscaping and recreational amenities approved by the director;
(iv) have equipment that complies with city standards applicable to the type of equipment; and
(v) not be an interior common area.
(C) Developments located within a community unit development with open space meeting the requirements of Subparagraph (A) or Subparagraph (B) may receive credit for park land dedication as provided in this section.
(3) Credits are cumulative, up to a maximum of 100 percent of the required dedication and are only applicable to the original property being developed. (Ord. 30934, eff. 7/1/19)
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