§ 14.3.6. Supplemental Criteria for Evaluating Fee In-Lieu Requests

(A)

PARD shall evaluate requests to pay a fee in-lieu of dedication under the criteria specified under City Code § 25-1-605 (Fee In-Lieu of Parkland Dedication). If land available for dedication generally meets those criteria, and satisfies the standards for dedication under PDOP § 14.3.7, PARD shall consider the overall value of the land to the City's park system based on whether:

(1)

the site provides a connection to existing or future parkland;

(2)

the land available for dedication provides an opportunity to expand an existing park; and

(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.

(B)

PARD may, as authorized by City Code § 25-1-605(E) (Fee In-Lieu of Parkland Dedication), accept a reduced land dedication in combination with payment of a fee in-lieu of land and/or amenities of equal value where doing so best furthers the goal of maintaining a viable City park system. PARD will calculate a combination of land, amenities and/or fees with the following methodology:

(1)

Determine the percentage of credited acres being dedicated from the total amount of acres owed according to City Code § 25-1-602. (For example, 30% of the land owed is being dedicated.)

(2)

Calculate the fee in-lieu of land owed as if no land were being dedicated. (For example, $100,000 in fees is owed per the number of residential units or hotel/motel rooms.)

(3)

Multiply (1) by (2) above to determine the amount to be subtracted from the fee owed. (For example, .30 × $100,000 = $30,000.)

(4)

Subtract (3) from (2) to determine the remaining fee in-lieu owed. (For example, $100,000 - $30,000 = $70,000.)

(5)

The remainder (For example, $70,000) shall be paid by:

a.

the construction of amenities of a value equal to or more than the remainder;

b.

a fee in-lieu of parkland; or

c.

a combination of a. and b.

Source: Rule No. R161-16.15 , 9-19-16.