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File #: RS-24-110    Version: 1 Name: Parkland Dedication Appeal
Type: Resolution Status: Passed
File created: 5/21/2024 In control: City Council
On agenda: 6/25/2024 Final action: 6/25/2024
Title: Consider a memorandum/resolution granting an appeal to waive the parkland dedication requirements submitted by Killeen Engineering & Surveying on behalf of RSBP, Inc. and CTDC, LLC, for the proposed Final Plat of Heritage Oaks, Phase 7, in accordance with Killeen Code of Ordinances Section 26-162.
Attachments: 1. Maps, 2. Letter of Request, 3. Presentation
Title

Consider a memorandum/resolution granting an appeal to waive the parkland dedication requirements submitted by Killeen Engineering & Surveying on behalf of RSBP, Inc. and CTDC, LLC, for the proposed Final Plat of Heritage Oaks, Phase 7, in accordance with Killeen Code of Ordinances Section 26-162.

Body

DATE: June 18, 2024

TO: Kent Cagle, City Manager

FROM: Edwin Revell, Executive Director of Development Services

SUBJECT: Appeal to the Parkland Dedication Requirements for Heritage Oaks, Phase 7

BACKGROUND AND FINDINGS:

Property Owner: RSBP Developers, Inc & CTDC LLC
Agent: Killeen Engineering & Surveying, Ltd.
Current Zoning: "R-1" (Single-Family Residential District) & "PUD" (Planned Unit Development)

Summary of Request:

On May 6, 2024, Killeen Engineering & Surveying, on behalf of RSBP, Inc. and CTDC, LLC, submitted a Final Plat application for Heritage Oaks, Phase VII. The proposed Final Plat consists of forty-one (41) single-family lots.

In accordance with Killeen Code of Ordinances, Chapter 26, Article IV, Division 5, the proposed final plat must comply with the requirements of the Parkland Dedication and Development Ordinance. Based on the proposed number of lots, parkland dedication is required in the amount of 0.613 acres. Alternatively, the ordinance provides for a fee-in-lieu of parkland dedication in the amount of $750 per lot. The fee-in-lieu of parkland dedication required for this development would be $30,750.
Killeen Code of Ordinances Sec. 26-162(A) provides that "a property owner/developer may appeal the decisions related to the enforcement of these provisions to the City Council." Accordingly, the applicant is appealing the requirement for parkland dedication or payment of the fee-in-lieu of parkland dedication to the City Council. The basis for the applicant's appeal is that the existing Purser Heritage Hike & Bike Trail, consisting of approximately 90.477 acres, was donated to the City in conjunction with the approval ...

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