Parks & Recreation

(a)

Neighborhood and community parks and recreational facilities are those facilities providing for a variety of recreational opportunities within convenient distances from a majority of the residences to be served thereby. Park zones will be established by the parks and recreation department and shown on the official city limits map for the City of McAllen and shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The ultimate residential property owners, who by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect the purposes stated.

(b)

Based on the information presented to the parks and recreation advisory board for the purposes of determining the city's needs and level of park land development and park development amount, the city commission hereby makes the following findings:

(1)

The minimum acreage per 1,000 people population to be dedicated for park purposes in order to meet that minimum standards for adequate usage, is based on five acres of land per 1,000 ultimate residents.

(2)

The average number of persons residing in any one housing unit in McAllen is 3.18 persons. For the purpose of this article, 3.18 persons per housing unit is know as the dwelling unit equivalent.

(3)

The average cost per acre of park land for purposes of purchase is $27,620.00 per acre. This amount does not include development costs of such park.

(4)

The average cost per acre for development of a basic neighborhood and community parks is $60,000.00 per acre.

(5)

For the purpose of the calculation of the parks development fees, based on the formula of five acres per 1,000 population, using the dwelling unit equivalent of 3.184 persons per dwelling unit equivalent, the cost of $27,620.00 per acre, and the cost for development is $60,000 per acre, then the city's cost per dwelling unit equivalent is calculated to be $1,393.16. The fee charged to developer/owner of the property will be 32.3 percent of $1,393.16, which equals a $450.00 per dwelling unit equivalent.

FORMULA:

(6)

For the purposes of a single-family residential subdivision, one lot equals one dwelling unit equivalent, for the purposes of multifamily subdivisions, the dwelling unit equivalents will be equal to the number of apartments, condominiums, townhomes, or similar single-family housing units. For calculation of the parks for a subdivision, other than a single-family residential subdivision, the dwelling unit equivalent calculation shall be based on the highest density authorized under the McAllen zoning ordinance for the use classification for the acreage of the subdivision.

(Ord. No. 1998-113, § 1, 11-23-98; Ord. No. 2000-67, § 2, 8-28-00; Ord. No. 2002-32, § 1, 5-31-02)

Sec. 74-2. - General requirements.

(a)

Whenever a final plat is filed for approval within the city for the development of a residential area under zoning use district R-1, R-2, R-3A, R-3T, R-3C and R-4 in accordance with the planning and zoning regulations of the city, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall be calculated at a rate of not less than five acres of park land per 1,000 ultimate residents. Any proposed plat submitted to the city for approval should show the area proposed to be dedicated under this subsection. Such dedication shall be subject to the approval process as provided for below.

EXAMPLE:

= 1.0335 acres to be dedicated

(b)

When a final plat is filed for approval within the city for the development of a residential area under zoning use districts R-1, R-2, R-3A and R-3C, R-3T and R-4, and require less than one acre of dedication all other residential use districts, then such plat shall not be finally approved until there is a payment of the park development fee of $450.00 per dwelling unit equivalent.

(c)

Whenever a building permit for new construction, remodeling or addition is applied for, within the city limits, on property already platted, the creates additional residential dwelling units, a park development fee of $450.00 per dwelling unit shall be paid prior to issuance of the building permit.

(d)

The park development fee required to be collected under the provisions of this section shall be increased on January 1st of each year hereafter as follows:

(1)

January 1, 2003—$1,393.16 X. 35.9% = $500.00;

(2)

January 1, 2004—$1,393.16 X. 39.5% = $550.00;

(3)

January 1, 2005—$1,393.16 X 41.1% = $600.00;

(4)

January 1, 2006—$1,393.16 X 46.7% = $650.00; and

(5)

January 1, 2007—$1,393.16 X 50.2% = $700.00.

The above referenced adjustment to the park development fee is based on projected inflationary influences of the cost of the value of real property for the City of McAllen.

(e)

In lieu of the payment of the park development fee as provided for in subsection (b) and (c) above, the developer/owner of a property may propose to convey to the city fee simple a real property in an area of not less than one acre. The credit against park development fee for dedication of real property shall be calculated at a rate of not less than five acres of park land per 1,000 ultimate residents. The city commission may approve or disapprove the dedication and require the payment of the park development fee in the course of review process as set out in subsection (d).

(f)

The board of commission declares a development of an area resulting in land dedications smaller than one acres, for public park purposes, may be impractical and for such reason, the park development fee will be applied to any such development which would require less than one acre dedicated for park lands, unless the developer specifically proposes that the park lands be accepted and the city commission specifically approves the same.

(g)

In all instances where the dedication of more than five acres or greater is required under the provisions of this section, or where dedication of greater than one acre but less than five acres is proposed under the provisions of this section, the city commission shall have the right to accept the dedication for approval on the plat, or to refuse the same, after consideration of the recommendation of the park land dedication advisory board hereinafter created, and to require payment of the applicable park development fee, in lieu of the land, in the amount as provided for in this section.

(h)

There is hereby created the park land dedication advisory board to be made up of seven members to be appointed by the board of commissioners. At least three of the members shall be chosen from the parks and recreation advisory board and the remaining four members shall be City of McAllen employees or officials. Such board will meet at any time that a property dedicated for park land purposes is pending for review by the board of commissioners. Such board shall elect a chairman and vice-chairman and secretary, and meetings of such board shall be posted in accordance with the Open Meetings Act of Texas. Such board shall make a recommendation to the board of commissioners relating to the acceptance or rejection of the proposed dedicated land for park purposes under a requirement for subdivision plat or building permit as applicable. The general criteria for determination shall be whether or not there is sufficient park area in the public domain in the area of the proposed development or if the recreation potential for that park zone would be better served by expanding or improving existing parks, or whether or not the particular property is suitable for park purposes because of traffic conditions, environmental concerns, adjacent property uses, configuration of the property or other appropriate criteria to be established by the committee.

(i)

The city commission, upon recommendation by the park land dedication advisory board, shall review the request for dedication as applicable relating to a subdivision plat or building permit, and approve the dedication or reject the same and require a different dedication of parks land within the subdivision or require the payment of the applicable park development fee.

(j)

The dedication required by this section shall be made by recording the final plat and contemporaneously, by separate instrument, unless additional dedication is required subsequent to the filing of the final plat. If the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of cash, in lieu of land, in the amount as provided for in this section.

(k)

If a development fee is paid on a property outside the city limits, and such property is later annexed into the city, then, upon filing for a building permit, such fees as have already been paid shall be credited to the development at the rate of one lot equals one dwelling unit.

(Ord. No. 1998-113, § 1, 11-23-98; Ord. No. 2000-67, §§ 2, 3, 8-28-00; Ord. No. 2001-93, § 1, 12-10-01; Ord. No. 2002-32, § 2, 5-31-02; Ord. No. 2002-57, § 8, 9-11-02; Ord. No. 2002-67, § 1, 10-14-02)

Sec. 74-3. - Special fund; right to refund.

(a)

There is hereby established a special fund for the deposit of all sums paid in lieu of land dedicated for park purposes, which fund shall be known as the park land dedication fund. All interest accruing to such account shall be deposited to same, and shall be used for the same purpose as the fund.

(b)

The city shall account for all sums paid in lieu of land dedication undersection 74-2. Any funds paid for such purposes must be expended by the city within six years from the date received by the city for the acquisition or development. Such funds should be considered to be spent on a first in, first out basis. If not so expended, the then owners of the property, subject to refund on the last day of such period shall be entitled to a prorata refund of such sums computed on a dwelling unit equivalent for monies which were collected under money in lieu of land undersection 74-2. The then owners of such property must request such refund within one year of entitlement, in writing, or such right shall be forever barred.

(Ord. No. 1998-113, § 1, 11-23-98; Ord. No. 2000-67, §§ 2, 4, 8-28-00; Ord. No. 2001-93, § 2, 12-10-01; Ord. No. 2002-32, § 4, 5-31-02)

Editor's note—

Formerly§ 74-4

Sec. 74-4. - Additional requirements; definitions.

(a)

Any land dedicated to the city under this section must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable:

(1)

Any area primarily located in the 100-year floodplain.

(2)

Any areas of unusual topography, or slope, which renders same unusable for organized recreational activities.

Drainage areas may be accepted as part of a park if the channel is constructed in accordance with city engineering standards, and if no significant area of the park is cut off from access by such channel.

Each park must have ready access to a public street or roadway.

(b)

For the purpose of this article, the following terms are defined as noted:

(1)

City parkshall mean any park which is owned, maintained or operated by the City of McAllen, Texas.

(2)

Neighborhood parkshall mean a park of three to 15 acres, suitable for intense recreational activities such as field games, court games, playground apparatus, picnicking, etc., generally serving a population within a one-quarter to one-half mile radius of the park.

(3)

Community parkshall mean a park of 15 acres or more, suitable for diverse activities, such as intense recreational activities, athletic complexes, swimming pools, etc., generally serving a population within a ½-3 mile radius of the park, or several neighborhoods.

(4)

Residential dwelling unitshall mean any unit designed as a stand-alone dwelling, consisting of sleeping, bathing and cooking facilities.

(5)

Commercial spaceshall mean any space designed to hold a separate commercial enterprise.

(Ord. No. 1998-113, § 1, 11-23-98; Ord. No. 2000-67, § 2, 8-28-00; Ord. No. 2002-32, § 5, 5-31-02)

Editor's note—

Formerly§ 74-5

Sec. 74-5. - Administrative procedures.

(a)

The planning department shall be responsible for processing and collecting park fees at the time of subdivision platting.

(b)

The building permits and inspections department shall be responsible for processing and collecting park fees at the time of issuance of a building permit.

(c)

Before receiving a building permit or a recorded plat, the land owner shall submit, and the staff shall confirm and/or adjust according to the ordinance of the City of McAllen, the maximum total number of proposed dwelling unit equivalents which may be constructed on the plat or in the development. The required fee or land dedication shall be calculated based on the provisions ofsection 74-2, as applicable.

(Ord. No. 1998-113, § 1, 11-23-98; Ord. No. 2000-67, §§ 2, 3, 8-28-00; Ord. No. 2002-32, § 5, 5-31-02)

Editor's note—

Formerly § 74-6.