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HomeMy WebLinkAboutItem VPLAN COMMISSION STAFF REPORT JUNE 3, 2025 ITEM V: PUBLIC HEARING: TEXT AMENDMENTS TO THE ZONING ORDINANCE, SPECIFICALLY TO ARTICLE XIII: SECTION 30-442(J) PERTAINING TO DEDICATIONS OF PARKLAND AND FEES IN-LIEU-OF DEDICATIONS Applicant: City of Oshkosh Parks Department Actions Requested: The City of Oshkosh Parks Department requests review and approval of amendments to the Oshkosh Zoning Ordinance. Applicable Ordinance Provisions: Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its own motion or on petition after first submitting the proposal to the City Plan Commission, to amend, supplement or change Zoning District boundaries or regulations of the Zoning Ordinance. BACKGROUND INFORMATION The Parks Department is requesting approval of the update to Section 30-442 of the Municipal Code regarding the fee-in-lieu-of parkland dedication. In December 2023, the City entered into an agreement with Ehlers Public Finance Advisors to review and update two fee items: 1. Fee-In-Lieu-Of Parkland Dedication (currently on fee schedule) 2. Park Impact Fee (not currently on fee schedule) The fee in-lieu-of parkland dedication and the dedication of parkland requirements are included in Chapter 30, Article XIII: Subdivisions of the Municipal Code. The review and analysis of this code was requested in the past by the Advisory Park Board, Plan Commission and Common Council. The last update to this code occurred in 2003. Due to staff turnover, this project has been delayed with the current focus being on the update to the fee in-lieu-of parkland dedication and the parkland dedication requirements. The agreement also required Ehlers to perform a feasibility analysis for a potential park impact fee. The park impact fee feasibility analysis will resume in the near future. Past updates to the Comprehensive Outdoor Recreation Plan (CORP) have indicated the city- owned parkland acreage is lower than the national standard recommended by the National Recreation and Park Association (NRPA) and the city should review and update the associated sections of Chapter 30. The recommended parkland acreage from NRPA is 6.25 - 10.5 acres per 1,000 residents. The City of Oshkosh parkland acreage is currently 4.55 acres per 1,000 residents. As part of their review, Ehlers surveyed a number of communities in the region and state to compare the City of Oshkosh parkland dedication requirements and fees in-lieu-of parkland dedication. Page 1 ITEM V – Text Amendments – Zoning Ordinance ANALYSIS Section 30-441(J)(6)(b) regarding Dedication of sites The current ordinance requests the amount of land to be provided for park and recreation needs of the subdivision, condominium or land division to be equal to 1,100 square feet per detached single-family housing unit and 900 square feet per attached multi-family housing unit that are created by a subdivision plat or certified survey map. As a result of the survey results by Ehlers, Ehlers and Park Department staff are proposing to increase the City of Oshkosh parkland dedication requirement to the same amount of parkland dedication whether the units are single-family or multi-family. Staff is also recommending an increase to the parkland dedication requirement per housing unit, single-family and multi-family, to 2,000 square feet per housing unit. Section 30-441(J)(6)(c) and 30-441(J)(6)(c)(i) regarding Proportionate Payment in Lieu of Dedication This section contains language on proportionate payment in lieu of dedication requirements. The ordinance states that where it is not feasible or compatible with the Comprehensive Plan or other plans of the City, the subdivider shall pay a fee equivalent to the value of the required dedication. The current fees are $400 per residential lot and $330 per multi-family unit. Staff is recommending the exact dollar amounts be removed from the associated code section (Section 30-441(J)(6)(c)(i)). The following language is being recommended: Such fee shall be determined annually and included in the fee schedule maintained by the Community Development Department and approved by the Common Council. This will allow for easier annual updates (if needed) instead of requesting periodic code amendments. Park Department Staff are recommending a fee increase (on the fee schedule/not in the ordinance language) outlined below: - $400 single family to $800 single family (increase of $400) - $330 multi-family to $665 multi-family (increase of $335) The fee is based upon the value per acre of land divided by the standard of the number of current residents per acre of active parkland. Existing population and total acres of active parkland as defined in the City’s Comprehensive Outdoor Recreation Plan were used for the calculation. The fee per capita is then multiplied by an assumed 3.0 persons per household for single-family dwelling units and 2.50 persons per household for multi-family dwelling units. Section 30-441(J)(6)(c)(iii) regarding time of payment Currently, the Code requires payment of half the fee prior to acceptance of the final plat and the other half payable prior to issuance of building permit. Staff is proposing payment of the fee in full prior to acceptance of the final plat. The amended language will read as follows: Payment will be in one lump sum payment at the time of Certified Survey Map, condominium plat of final plat approval. Page 2 ITEM V – Text Amendments – Zoning Ordinance Staff feel the proposed amendments to the Zoning Ordinance and updates to the City of Oshkosh’s fee-in-lieu-of parkland dedication requirements to be in-line with neighboring communities and reflect goals and recommendations identified in the Comprehensive Outdoor Recreation Plan. Additionally, as part of the larger Zoning Code update currently being worked on, staff will be proposing the fee-in-lieu-of parkland dedication be required for any residential development instead of only when a land division occurs. RECOMMENDATION Staff recommends that the Plan Commission recommend approval of the proposed amendments to the City of Oshkosh Zoning Ordinance. Section 30-441(J)(6): Public Sites and Open Spaces (b) Dedication of Sites: Where feasible and compatible with the Comprehensive Plans for development of the community, the subdivider shall dedicate to the public adequate land to provide for the park and recreation needs of the subdivision, condominium or land division. The amount of land to be provided shall be determined on the basis of 2,000 1,100 square feet per detached single-family housing unit and 900 square feet per attached multi-family housing unit created by a subdivision plat, condominium plat, or Certified Survey Map. If the number of housing units is not specified on the plat or Certified Survey Map, the maximum allowable density under the City Zoning Ordinance shall be utilized to determine the number of allowable housing units to be used to establish public land dedication requirements. (c) Proportionate Payment in Lieu of Dedication: Where the City, at its sole discretion, determines such dedication is not feasible or compatible with the Comprehensive Plan or other plans of the City, the subdivider shall, in lieu thereof, pay to the City or Town, depending on the location of the plat, a fee equivalent to the value of the required dedication. Such fee shall be determined as follows: annually and included in the fee schedule maintained by the Community Development Department and approved by the Common Council. (i) For detached single-family housing units a fee of Two Hundred Dollars ($200.00) per residential lot, payable prior to acceptance of the final plat, condominium plat, or Certified Survey Map, and Two Hundred Dollars ($200.00) per dwelling unit, payable prior to issuance of a building permit, with the provision that monies for lot payments made prior to the final plat shall be applied to the total amount due and owing for the cost of each unit; money to be placed in a non- lapsing fund to be used for neighborhood park and recreation area purposes. Page 3 ITEM V – Text Amendments – Zoning Ordinance For attached multi-family housing units a fee of One Hundred Sixty-Five Dollars ($165.00) per allowable housing unit payable prior to acceptance of the final plat, condominium plat, or Certified Survey Map and One Hundred Sixty-Five Dollars ($165.00) per dwelling unit payable prior to issuance of a building permit. Such fee shall be used exclusively for immediate and/or future site acquisition or capital improvement. (ii) No payment shall be required for a lot created by a subdivision, condominium instrument, or Certified Survey Map if such land division does not create or allow additional housing units. (iii) Payment shall may be in one lump sum payment or fifty (50) percent at the time of Certified Survey Map, condominium development, or final plat approval. and the balance to be paid within one (1) year; such deferred payment to be guaranteed by surety bond or other satisfactory financial guarantee to the City of Oshkosh or the Town, dependent on its location. Page 4 MEMORANDUM TO: Ray Maurer, Parks Director FROM: Jon Cameron, Senior Municipal Advisor/Managing Director DATE: April 10, 2025 SUBJECT: Park Fee-In-Lieu of Land Use Calculation Update The City engaged Ehlers to perform a park impact fee study and to update the existing park fee- in-lieu of land dedication. This memo will address the update to the park fee-in-lieu of land dedication with a separate Public Facilities Needs Assessment being completed for the park impact fee study. Background and Existing Ordinance The existing land dedication requirement is contained in Chapter 30, Article XIII of the City’s Municipal Code. Specifically, Section 30-442(b) and (c) contain language on the dedication of sites and the proportionate payment in lieu of dedication requirements. The current ordinance requests the amount of land to be provided for park and recreation needs of the subdivision, condominium or land division to be equal to 1,100 square feet per detached single-family housing unit and 900 square feet per attached multi-family housing unit created by a subdivision plat or certified survey map. The ordinance further states that where it is not feasible or compatible with the Comprehensive Plan or other plans of the City, the subdivider shall pay a fee equivalent to the value of the required dedication. The current fees are $400 per residential lot and $330 per multi-family unit. Fee-In-Lieu Calculation Update Attached to this memo is the updated fee-in-lieu calculation. The fee is based upon the value per acre of land divided by the standard of the number of current residents per acre of active parkland. Existing population and total acres of active parkland as defined in the City’s Comprehensive Outdoor Recreation Plan were used for the calculation. The fee per capita is then multiplied by an assumed 3.0 persons per household for single-family dwelling units and 2.50 persons per household for multi-family dwelling units. As part of the update, City staff also requested an analysis of the City’s fee-in-lieu requirements compared to other municipalities. This analysis is also attached to this memo. City staff also desired to examine the existing land dedication requirement and revise it as necessary. As part of this discussion the peer analysis was examined, and a comparison of the existing fee calculation requirements against recent land developments within the City. The existing requirement of 1,100 square fee for single family dwelling units and 900 square feet for multi-family development is lower than many other municipalities sampled, and lower than what City staff desires for park and recreation space dedication. Based on this analysis it is further recommended to increase the land Page 5 dedication requirement to 2,000 square feet per residential unit. This is regardless of single-family or multi-family development. A comparison of existing to proposed dedication requirements to a recent development is also attached. It was a pleasure to assist the City with this analysis. Please feel free to reach out with any questions at 262-796-6179. Page 6 City of Oshkosh Park Impact Fee Study Park Fee In Lieu of Land Dedication Update Average Value of Land/Acre1 $58,573 Residents/Acre of Active Parkland 221 Land Cost Per Capita $266.00 Updated Park Dwelling Unit Type People/Unit Fee-in-Lieu of Land Dedication Single-Family 3.00 $798.00 Multi-Family 2.50 $665.00 Notes: Source: City Assessment staff and taken from the average value per acre of taxable land within the City as of 1/1/2024. Page 7 City of Oshkosh Park Fee-In-Lieu of Land Dedication Comparison Analysis Municipality Fee in Lieu of Land Dedication Price/Unit or Lot Collection Notes City of Appleton Yes $1,100 for R-1A, R-1B, R-1C, R-2, $900 R-3, PD,TND - both fees are per unit Building Permit City of Kaukana Yes $250 per housing unit Final plat City of Menasha Yes $550 for R-1, R-2 R-3, R-4 - per dwelling unit 50% due at final plat with remaining amount due within 1 year R-1: 8% of gross residential acreage, R-2 10%, R-3-R-4 12% City of Neenah NA City of Wausau Yes $400/lot for SR zoning, $500/ lot for DR & TF zoning, $200 per lot for MRL, MRM, MRH development See section 21.16.085 for dedication calculation Town of Grand Chute Yes $400 SF, $600 Duplex, $200/unit MF Building Permit Village of Greenville No .06 acres per residential dwelling unit land dedication requirement. Village has a park impact fee of $682 per residential unit that is reduced by the value of land dedicated Village of Harrison No Has a park impact fee of $1,187 per residential dwelling unit Village of Little Chute Yes $600 per dwelling unit lump sum at final plat, or 50% at final plat, 50% when 1/2 lots sold Maximum fee of $600 per each 2,000 square feet of land within multi-family developments City of Oshkosh - Proposed Yes $798 per SF dwelling unit, $665 per multi-family dwelling unit Final plat Dedication requirement of 2,000 Sq Ft per dwelling unit. Page 8 City of Oshkosh Park Fee-In-Lieu of Land Dedication Comparison Analysis Current SF Total Updated SF Updated Total Subdivision Single Family Lots Dedication Req Square Feet Total Acres Dedication Req.Square Feet Total Acres Pickart Estates 60 1,100 66,000 1.52 2,000 120,000 2.75 Page 9