B-16 (C20-2021-007 - North Burnet-Gateway Parkland Dedication).pdf — original pdf

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C20-2021-007 ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2021-007 North Burnet/Gateway Parkland Dedication Description: Consider an amendment to Title 25 of the City Code to amend the North Burnet/Gateway Regulating Plan to modify certain requirements related to the dedication of parkland. Proposed Language: See attached draft ordinance. Summary of proposed code amendment  An area within the North Burnet/Gateway regulating plan which meets a certain set of criteria is eligible to defer parkland dedication to a future time period.  Criteria include subdivision of at least 20 acres, a Park Plan included with an approved preliminary plan, and a Restrictive Covenant that restricts the use of the future park area to park use.  The timeline includes the posting of fiscal at the appraised value of the future parkland, the dedication of the parkland no more than 10 years from the date of the fiscal, and an annual report to the City of the status of the dedication. Background: Initiated by City Council Resolution 20210729-172 On July 29, 2021, Council approved Resolution No. 20210729-172, initiating an amendment to the North Burnet/Gateway Regulating Plan to allow for development of community parks by providing alternative timelines for the dedication of land to satisfy parkland dedication requirements for development projects; on an 11-0 vote. Staff Recommendation: Staff brings forward the amendment with no recommendation. Board and Commission Actions August 24, 2021: To be reviewed by the Planning Commission. Council Action August 26, 2021: A public hearing has been scheduled. Ordinance Number: NA City Staff: Scott Grantham Phone: 512-974-9457 Email: Scott.Grantham@austintexas.gov 1 1 of 4B-161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE AMENDING SECTION 4.10.3 OF THE NORTH BURNET- GATEWAY REGULATING PLAN TO ALLOW FOR ALTERNATIVE TIMELINES FOR PARKLAND DEDICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Council adopted the North Burnet-Gateway Regulating Plan in Ordinance No. 20090312-035 and has since amended it on several occasions. PART 2. Pursuant to Subsection (D) of the City Code Section 25-2-767.02 (Regulating Plan), Section 4.10.3 of the North Burnet-Gateway Regulating Plan is amended to add a new Subsection (D) to read as follows: D. Community Parks a. The dedication of land required under Section 25-1-602 (Dedication of Parkland) may be deferred in accordance with the alternative parkland dedication timeline described in Paragraph 4.10.3.D.b if the development meets the following requirements: i. The original tract before the development was subdivided consisted of at least 20 acres. ii. The preliminary plan or the final plat includes a parks plan approved by the Director of the PARD that identifies community parks that will serve all the residents of the subdivision (“Parks Plan”). iii. The parkland to be dedicated (“Future Park Area”) must be located within the boundaries of the preliminary plan and subject to the Parks Plan. iv. The owner of the Future Park Area executes a covenant with the City that restricts the use of the Future Park Area to park purposes, with limited exceptions that must be approved by the Director of the PARD prior to recordation. v. The development p provides an additional significant public benefit as determined in the City’s discretion. b. Alternative Parkland Dedication Timeline. If a development meets the requirements under Paragraph 4.10.3.D.a, the applicant may use the 8/13/2021 11:42 AM Page 1 of 2 COA Law Department 2 of 4B-1634 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 following process to dedicate land required to fulfill parkland dedication requirements: i. At the time of site plan review for an application that requires parkland dedication, the applicant shall post fiscal surety equal to the development fee plus the fair market value of the Future Park Area. The applicant shall, at its sole cost, obtain a third-party appraisal of the Future Park Area for review and acceptance by the Director of the PARD. ii. For purposes of releasing the site plan, the parkland dedication requirements shall be considered satisfied once the applicant has deposited fiscal surety with the City. iii. If the applicant intends to construct recreational amenities on the Future Park, Area pursuant to Section 25-1-606(C), the recreational amenities may be documented on a separate site plan than the site plan relying on the Future Park Area. iv. The applicant shall dedicate the Future Park Area no more than ten years from the date the City accepted the fiscal surety. If ten years have passed and the Future Park Area has not yet been dedicated, the City may withhold approval of remaining development applications within the development project or may draw on the fiscal surety. v. The applicant shall provide a yearly report to the Director of the PARD on the applicant’s progress towards the dedication of the Future Park Area. 8/13/2021 11:42 AM Page 2 of 2 COA Law Department 3 of 4B-16Note: Should additional backup be submitted after the online publishing of this staff report, it may be found at the following link: http://www.austintexas.gov/cityclerk/boards_commissions/meetings/40_1.htm 4 of 4B-16