Ord. 1524 2016-06-13ORDINANCE NO. 1524
An Ordinance of the City Council of the City of Pearland, Texas,
adopting a Park Dedication Formula and a Fee in Lieu of Dedication
Calculation Formula; amending the Park Benefit Zone Map; containing a
savings clause, a severability clause and a repealer clause; providing for
publication and an effective date.
WHEREAS, in order to eliminate the burden on existing residents in the City, the City's
Unified Development Code ("UDC") requires new development to dedicate park land and/or a fee
in lieu of the dedication of park land; and
WHEREAS, the dedicated park land and/or fees are used by the City to acquire new park
land or facilities to serve the City's growing population; and
WHEREAS, the UDC authorizes the creation of Park Benefit Zones earmarked
specifically to use collected park fees for the development of park facilities within each Park
Zone; and
WHEREAS, the City desires to adopt a new Park Dedication Formula, Fee in Lieu of
Dedication Calculation Formula and Park Benefit Zone Map; now therefore.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the Park Dedication and Fee in Lieu of Park Dedication Calculation
Formulas ("Fee"), attached hereto as Exhibit "A," are hereby adopted.
Section 2. That the Fee shall be implemented in phases: 60% of the Fee beginning
October 1. 2016; 80% of the Fee beginning October 1, 2017 and 100% of the Fee beginning
October 1, 2018.
SQction 3. That the Park Benefit Zone Map, attached hereto as Exhibit "B," is
hereby adopted.
Section 4. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the benefit of the
City.
ORDINANCE NO. 1524
Section 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction. such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 6. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 7. Publication and Effective Date. The City Secretary shall cause this
Ordinance. or its caption. to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance. The Ordinance shall then become effective beginning October 1,
2016.
PASSED and APPROVED ON FIRST READING this the 23rd day of May, A.D.,
2016.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
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ORDINANCE NO. 1524
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day
of June, A.D.; 2016.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
Ordinance No. 1524
Exhibit "A"
Exhibit 'A'
A. Dedication Requirements for Neighborhood Parks in the City of Pearland
1. Land Requirements: Based on the 2013 population of 100,065 residents. the
current level of service is one (1) acre per 323 people.
2. 2.90 Persons per Household (PPH) for Single Family and 2.13 PPH forMulti-
Family based on Census information for owner and renter -occupied units.
Single Family
323 people/2.90 PPH = 111 DUs
Dedication Requirement: 1 Acre
per 111 DUs
Multi -Family
323 people/2.13 PPH = 151 DUs
Dedication Requirement: 1 Acre per
151 DUs
B. Fee in Lieu of Land: (Assumes 1 acre costs $136,000 to purchase).
1. Single Family: $136,000/111 DUs = $1225 per DU
2. Multi -Family: $136,000/151 DUs = $900 per DU
3. Park Development Fee: The cost of improvements in an average park in
Pearland is $630,520. One park serves 6,254 people, based on a total city
population of 100,065 being served by 16 parks (count includes 10
neighborhood parks, 4 community parks, a nature trail, and a connectivity trail
system as a singular unit). Average cost is estimated to be $100.82 per person
($630,520/6,254) to develop a typical park.
Single Family Multi -Family
$100.82 x 2.80 PPH =
$292.378 per DU
Total Park Fee
Single Family
$292+$1225=$1,517
per DU
$100.82 x 2.13 PPH = $214.75 per D U
Multi -Family
$214 + $900 = $1,114 per DU
Part 1 derives the current level of service of one acre per 323 people for neighborhood
parks by dividing the city's population by its existing public park acreage. The level of
service standard i s transformed to dwelling units (DUs) by dividing the 323 people by the
average number of people in single and multi -family dwellings. These averages are
available from the U.S. Census Bureau. This establishes the land dedication requirement
at one acre per 111 DUs for single family and 151 DUs for multi -family units.
Part 2 calculates the fee in lieu based on an average land cost in the city of Pearland
at $136,000 per acre. This cost is an average of samples taken at 5
geographically opposing locations.
Part 3 in Table 1 calculates the park development fee.
The resultant fee of $273 per person is then multiplied by the number of people per household
to derive dwelling unit fees of $764 and $622 for singleand multi -family units, respectively.
Part 4 aggregates Parts 2 and 3 to derive total park fees of $1,517 and $1,114 for single and
multi -family units, respectively. If the city accepted land (Part 1) rather than a fee in lieu (Part
2) the developer would be required to pay only the park development fee. (Crompton, 2010)
Ordinance No. 1524
Exhibit "B"
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Ordinance No. 1524
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice Ordinance No.1524, a true
copy of which is hereto annexed was published in said newspapers in its issue(s) of June 23, 2016.
Sworn tand subscribed before me this
My commission expires on
Publisher's Representative
day of fa/7 E' , 2016.
e/.1//g/
ELIZABETH F. RABITO
€*f 1 MY COMMISSION EXPIRES
August 29, 2018
ORDINANCE NO..1524
An Ordinance of the City Council of the City of Pearland, Texas,
adopting a Park Dedication Formula and a Fee in Lieu of Dedication
Calculation Formula; amending the Park Benefit Zone Map; contain-
ing a savings clause, a severability clause and a repealer clause;
providing for publication and an effective date.
PASSED and APPROVED ON Second and Final Reading this the 13t
day of June, A.D., 2016.
ATTEST -
YOUNG LORFING. TRMC
CITY SECRETARY
APPROVED AS TO FORM
ISt
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
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