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Austin Parks and Recreation Department Appeal of the Parkland Dedication Land Requirements for Koenig Multifamily (SP-2020-0419C) Parks and Recreation Board September 14, 2021 Robynne Heymans, Senior Planner, Parks and Recreation Department Overview • Consider an Appeal by the Applicant. • PARD is requiring land dedication. The developer requests to pay fee in-lieu. • PARD Recommendation to Parks and Recreation Board and Planning Commission: Support PARD's request for land dedication and deny the applicant’s request to pay fee in lieu (of land dedication). • Code Context • Site Plan Context • Application of Code Criteria • Additional Considerations • Park Alignments • Recommendation to Planning Commission 2 Code Context • City Code 25-1-605 (B) lists criteria for PARD’s requirement to dedicate parkland vs. pay fee in lieu. • Based on these criteria, PARD must require land, and does not have the authority to accept fee in lieu. • City Code 25-1-605 (F) indicates that PARD’s decision may be appealed to the Land Use Commission, and that PARD shall first present the case to the Parks and Recreation Board for a recommendation. • Applicant has appealed the decision. 3 Site Plan Context – District Scale 4 Site Plan Context – Neighborhood Scale 5 Site Plan Context – Site Scale • Proposing 434 Units, 10% affordable under VMU • Parkland demand generated by development: 6.93 acres • Site is 6.5 acres: 15% urban core cap is 0.98 acres 6 Application of Code Criteria – Fee in-lieu § 25-1-605 (A) - FEE IN-LIEU OF PARKLAND DEDICATION (A)The director may require or allow a subdivision or site plan applicant to deposit with the City a fee in-lieu of parkland dedication under Section 25-1-602 (Dedication of Parkland) if: (1) the director determines that payment of a fee in-lieu of dedication is justified under the criteria in Subsection (B) of this section; and (2) the following additional requirements are met: (a) less than six acres is required to be dedicated under Section 25-1-602 (Dedication of Parkland); or (b) the land available for dedication does not comply with the standards for dedication under Section 25-1-603 (Standards for Dedicated Parkland). § 25-1-605 (B) - FEE IN-LIEU OF PARKLAND DEDICATION (1) is located within the Deficient Park Area Map; (2) is adjacent to existing parkland; (3) has sufficient acreage to meet the standards for dedicated parkland under the Parkland Dedication Operating Procedures; (4) is needed to address a critical need for parkland or to remedy a deficiency identified by the Deficient Park Area Map; or (5) would provide increased connectivity with existing or planned parks or recreational amenities Based on these criteria, PARD must require land, and does not have the authority to accept fee in lieu. 7 Application of Code Criteria- Parkland Standards § 25-1-603 (B) – Dedication of Parkland A subdivision or site plan applicant shall provide for the parkland needs of the residents by the dedication of suitable land for park and recreational purposes under this article City Code § 25-1-603 Standards for Dedicated Parkland (B)The director shall determine whether land offered for dedication complies with the standards for dedication under Subsection (A) City Code § 25-1-604 Private Parkland (D)Yards, setback areas, and private personal open spaces required by this title may not be counted as private parkland under this section, except for a required setback or yard that includes a public trail. PDOP 14.3.7 Supplemental Standards for Dedicated Parkland (3) The proposed land shall not be encumbered by recorded easements, or easements proposed to be recorded, such that it prevents construction of recreation amenities desired on the parkland. (7) If the Parks Department finds it necessary for optimum park placement, tracts to be dedicated may be split into two (2) or more separate park sites as long as: (a) No site is less than ¼-acre in size 8 Application of Code Criteria- Parkland Standards 10 9 Additional Considerations • Applicant is satisfying parkland dedication with a combination of land dedication and fees in-lieu as authorized under City Code § 25-1-605(E). The majority (86%) of their parkland requirement will be met with fees in-lieu due to the 15% Urban Core cap. • No available land to purchase for parkland within a quarter mile of the site - 100% fees-in-lieu not useful for land acquisition in this neighborhood. • Impact to non-SMART affordable units is not a code criterion related to parkland dedication requirements. Applicant could increase density and affordable housing in neighborhood with Affordability Unlocked program. • Paseo required as an internal circulation route - not required to have vehicular use, only pedestrian and bicycle. • The Director is not authorized to accept in-kind land donations in lieu of land dedication requirements. In-kind land donations are not code criteria listed in current code 25-1-605 B for considering whether land or fee may satisfy parkland dedication. 10 Applicant Prepared/PARD Approved Alignment • The applicant prepared this proposed alignment. • PARD approved the alignment as it satisfies the parkland dedication standards outlined in code and the parkland/recreational needs of the neighborhood stakeholders. • Applicant is not willing to comply with this parkland alignment and is instead appealing the land dedication requirements. 11 Recommendation • Make a recommendation to Planning Commission to deny the applicant's request to exclusively pay fee in lieu of land dedication for Koenig Multifamily (SP-2020-0419C). • This development adds 434 units and about 737 new residents to this already park deficient neighborhood. • Accepting applicant's appeal request would result in no parkland being dedicated with this site development. 12 Alternate Site Layouts PARD presented several acceptable options for park alignment in order to minimize impact to buildable site area. PARD preferred a consolidated park, but is authorized to accept two parks under PDOP 14.3.7 (7) 13 Application of Code Criteria- Parkland Standards PDOP Supplemental Criteria for Evaluating Fee In-Lieu Requests 14.3.6 (3) onsite parkland would further goals of the Imagine Austin Comprehensive Plan by providing: (a) gathering areas and outdoor play in corridors and centers; (b) opportunities for health-enhancing activities for residents; (c) green infrastructure with recreation amenities, or (d) increased connectivity for pedestrian and bicycle traffic Parkland should provide increased connectivity. The bike lane and sidewalk required by the TIA does not provide sufficient increased connectivity. There are no opportunities for group gathering, outdoor play or health-enhancing activities that the required sidewalk doesn’t already provide 14 PARD vs Applicant Alignment PARD approved alignment provides parkland on the North West corner of the site and a much larger park service area. Applicant proposal includes only one park on the South East corner of the site and no parkland at Koenig and Ave F. 15 PARD Prepared Affordability Study 16