§ 25-1-605. 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 ).

(B)

In determining whether to require dedication of land under Section 25-1-602 ( Dedication of Parkland ) or allow payment of a fee in-lieu of dedication under this section, the director shall consider whether the subdivision or site plan:

(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.

(C)

The director shall, at the request of an applicant, determine whether payment of a fee in-lieu of parkland dedication will be allowed prior to formal submittal of a site plan or subdivision application. The director may establish requirements for obtaining the determination in the Parkland Dedication Operating Procedures and may require an applicant to provide information relevant to the criteria in Subsection (B) of this section. A determination issued under this subsection is valid for a period of one-year from the date of issuance.

(D)

The amount of the fee in-lieu of parkland dedication is established in the annual fee schedule based on a recommendation by the director in accordance with this subsection.

(1)

Fee In-Lieu of Dedication:

Density Classification	Fee In-Lieu Amount
Low Density: Not more than 6 units per acre	2.8 × Land Cost Per Person
Medium Density: More than 6 and not more than 12 units per acre	2.2 × Land Cost Per Person
High Density: More than 12 units per acre	1.7 × Land Cost Per Person
Hotel-Motel Density: Total number of rooms	1.7 × Land Cost Per Person × Annual Occupancy Rate

 

(2)

For purposes of determining the fee in-lieu under Subsection (C)(1):

Land Cost Per Person =

Parkland Cost Factor
Parkland Level-of-Service

where:

(a)

"Parkland Cost Factor" is determined by the director based on the average purchase price to the City for acquiring an acre of parkland, excluding a metro or district park or golf course; and

(b)

"Parkland Level-of-Service" is:

City Population
Net Park Acreage

where "City Population" is determined by the city demographer and "Net Park Acreage" is the total citywide acreage of neighborhood parks, pocket parks, and greenways, as determined by the director prior to adoption of the annual fee ordinance by the city council.

(E)

If the director determines that payment of a fee in-lieu of parkland dedication is authorized under this section for only a portion of the land required to be dedicated under Section 25-1-602 ( Dedication of Parkland ), the director may allow an applicant to pay a fee in-lieu for that portion and require that the remaining land be dedicated. If an applicant dedicates parkland under Section 25-1-602 ( Dedication of Parkland ), the director may not include that acreage in calculating the fee in-lieu required by this section for any remaining land not included in the dedication.

(F)

If the director rejects a request to pay a fee in-lieu of dedication under Subsection (B) of this section, the applicant may appeal the director's decision to the Land Use Commission consistent with the procedures in Article 7, Division 1 ( Appeals ) of this chapter. Before the Land Use Commission considers the appeal, the director shall present the case to the Parks Board for a recommendation, but failure by the Parks Board to act shall not prohibit the Land Use Commission from considering the appeal.

Source: Ord. No. 20150128-086, Pt. 2, 2-8-16 .