HomeMy WebLinkAboutCorrespondence Bridgette George - Castlegate Final Plat Section 200
From: Bob Cowell
To: klaza @phillipsengineeringbcs.com; wallace.phillips @verizon.net
Date: 10/24/11 5:05 PM
Subject: Castlegate Final Plat Section 200
CC: Bridgette George; David Schmitz; Jason Schubert; Mary Ann Powell; Ma...
Kent and Wallace,
I apologize for getting this information to you so late, as I am just now getting brought into this process. As
you know, the idea of developer -built parks is a fairly new endeavor for the City and not all of the necessary
steps have been fully developed and confusion remains. Based on the e-mail Kent forwarded I asked that to
meet with our Parks Department, Legal Department and Fiscal Department to talk through this process.
Our conclusion is that currently the City Ordinances permit only two ways to address parkland dedication and
park development. These requirements are noted in the City's Code of Ordinances, Chapter 12 - UDO Article
8.7.C.7 Construction of Park Improvements in Lieu of Development Fee.
Basically, this section indicates that parkland dedication must occur with the first platting of the project or (if
approved by the City) fees in lieu must be paid. Further, development fees must be paid prior to filing the plat
and applying for building permits or (if approved by the City), the developer may actually develop the park.
In this development, the City required dedication of land on the site and payment of fees in lieu for the
difference. You have indicated an interest in actually developing the park rather than pay fees and await City
development of the park. This concept has been approved by the Parks Board and Department. The Ordinance
outlines only the following process to allow this approach:
SUBDIVISION DESIGN AND IMPROVEMENTS
8.7. Requirements for Park Land Dedication.
7. Construction of Park Improvements in Lieu of Development Fee.
A developer may elect to construct required neighborhood park improvements and /or community park
improvements in lieu of paying the associated development fees as set forth herein. In such event:
a. A park site plan, developed in cooperation with the Parks and Recreation Department staff, must be
submitted and approved by the Director of Parks and Recreation Department or his designee and the Parks and
Recreation Advisory Board upon submission of final plat or upon application for a building permit, whichever is
applicable.
b. Detailed plans and specifications for park improvements hereunder shall be due and processed in accordance
with the procedures and requirements pertaining to public improvements for final plats and for building permits
issuance, whichever is applicable.
c. All plans and specifications shall meet or exceed the City's Manual of Park Improvement Standards in effect at
the time of the submission.
d. If the improvements are constructed on land that has already been dedicated to and /or is owned by the City,
then the Developer must post payment and performance bonds to guarantee the payment to subcontractors
and suppliers and to guarantee the developer completes the work in accordance with the
approved plans, specifications, ordinances, other applicable laws.
e. The construction of all improvements must be completed in accordance with the requirements relating to the
construction of public improvements for final plats and issuance of building permits, whichever is applicable.
This includes the guaranteeing performance in lieu of completing the park improvements
prior to final plat approval. Notwithstanding any other applicable ordinances, park improvements should be
completed within two (2) years from the date of the approval.
f. Completion and Acceptance.
Park development will be considered complete and a Certificate of Completion will be issued after the following
requirements are met:
1) Improvements have been constructed in accordance with the approved plans,
2) All park land upon which the improvements have been constructed has been dedicated as required under this
Section; and
3) All manufacturers' warranties have been provided for any equipment installed in the park as part of these
improvements.
g. Upon issuance of a Certificate of Completion, the developer warrants the improvements for a period of one
(1) year as set forth in the requirements in the City of College Station's Manual of Park Improvements
Standards.
h. The developer shall be liable for any costs required to complete park development if:
1) Developer fails to complete the improvements in accordance with the approved plans; or
2) Developer fails to complete any warranty work.
To date, I do not believe a site plan has been submitted and approved by the Parks Department, nor obviously
have cost estimates been established along with an associated financial guarantee. Therefore, the plat cannot
be filed unless these items are accomplished or unless development fees in lieu are paid.
There is not a refund mechanism authorized by the Ordinance, therefore if fees in lieu are paid, they
cannot be refunded based on private development of the park. I realize this was partially done with the
Castlerock project, though I am not clear why /how this was authorized, but absent a Code revision, we are
unable to authorize such a refund in this case.
As I understand it, we received a check today for all of the parkland dedication fees, including the development
fees. Again, based on the ordinance, we can either accept this check as payment of your fees (along with your
associated land dedication) and consider your obligations met for this plat, or we can return the check and allow
you time to comply with the above -noted provisions of the ordinance. What we cannot do is accept the
check with the expectation that funds will be refunded upon development of the park.
As I noted, I realize this is confusing and may need further clarification or explanation. Please let me know how
you would like to proceed - payment of the fees or park site plan approval and establish a financial guarantee.
Thanks,
Bob