THE HOME BUILDER
December 2023
Page Two
‘Tis the Season to Stay Aware and Get Involved The HomeFront Government Affairs News and Info As we head towards 2024, there are a few regulatory and political items to keep in mind.
David Lehde Director of Government Affairs
regulatory requirements mandating the dedication of land to cities for a park, without reimbursement. These include a fee-in-lieu option, and some include an additional park development fee. Obviously, there are more appropriate mechanisms to fund parks. Here are some provisions that you should look for to ensure there is a balanced approach as possible to a cur- rent or proposed parkland dedication ordinance you may be facing. First and foremost, a city’s regu - lation for calculation of the parkland dedication must be roughly propor- tional to the increased demand that the residential development puts on the city’s park system. Much like an impact fee, the dedication and fee-in-lieu payment assessments cannot be arbitrary. Some cities will attempt to meet the standard by assuming that the new residents’ de- mands on the park system will require the same amount of service as existing residents. In that case, the calculation should include a measurement of the existing level of service. Another key provision is for the ordinance to make use of what is known as the nexus principle. Fees must be used in a manner that benefits the new residential development. Un- less it is a small city, the reasonable expectation is that the city be divided into zones or districts. The fees paid on behalf of a new development should be spent in the nexus zone or district of development that paid them. Similar to the benefit expectation of nexus zones is the time a city has to expend the fees. The new parks and park amenities should be available to the homes within a reasonable time. City park dedication ordinances should specify a time for fees to be spent, as well as a fee refund policy.
Equally important is the need for the ordinance to offer credits for private parks and recreation ameni- ties. As the claimed purpose of these ordinances is that the dedication or fee-in-lieu is needed to address that additional use of park service result - ing from new development, then it is difficult for a city to claim that the exaction or fee required by its ordi - nance is proportional to demand if the city is not offering credits for private parks and amenities that are reducing the need for that park service, as well reducing the city’s need for funds to maintain the park. Other helpful provisions include crediting the dedication of land to be counted towards a development’s assessed tree mitigation and density incentives for those developments of - fering larger dedications. Development ordinances should take into consideration any loss of de - velopable lots and the additional costs that will be paid by the home buyer. It’s Election Season … Again 2024 is a big election year, and some openings at the top could impact who the decision makers are all the way down to city hall. Two legislators, one federal and one state, that have held a firm under - standing of the need for a regulatory environment that is considerate of housing have announced they won’t seek re-election for their current of - fices. U.S. Congressman Michael Bur- gess, M.D. (TX-26), announced in November that he will retire from of - fice, opening up his seat for the 2024 election season. State Senator Drew Springer, (SD-30) announced his intention to not seek re-election as well. We appreciate
the work of both gentlemen.
As both districts have overlap and have significant portions inside the Dallas BA service area, it could have a domino effect. Not only will the industry need to be aware of the views of the candidates for those offices, but also keep in mind that elected seats in the Texas House, as well as area county commissioner courts and city councils, could see movement if any of those officials decide to serve in a new and open capacity. Filing for the 2024 primaries will close on Dec. 13. Just as soon as the primary season gets heated, the elec- tion process for city council seats in multiple area cities will begin, with Spring municipal elections being held in May. This is all in addition to what will likely be a dramatic Presidential election. The Association will monitor all of this closely. But your help is still needed. HOMEPAC of Greater Dallas, the political action committee for members of the Dallas BA, has opened registra - tion for its 2024 cycle. HOMEPAC of Greater Dallas helps support pro- housing candidates and incumbents for key city, county, and selected state level offices. Members interested in partici- pating should contact the Director of Government Affairs or visit https:// dallasbuilders.org/advocacy/. He Sees You When You’re Attending Want to impress our Dallas BA President? Join us at our Dec. 14 Gov - ernment Relations Committee meeting, which begins at 9 a.m. at Dallas BA offices. It is open to all Association members. For more information, contact the Director of Government Affairs .
The Eve of Development Codes Municipalities are still reacting to a busy year in the state legislature, and “interpretation” of new state laws will continue to come into play. This means development codes could see interesting proposals as cities consider updates. The City of Dallas is in the early process of updating its development code. The city hired a consultant who is holding stakeholder interviews with the stated goal of gaining insight into the land use and development environ- ment in Dallas. The interviews are a preliminary step in the process that the city’s con- sultant will use to gather information and context regarding zoning and development, likely followed by the proposal and drafting of code amend - ments. While the process in Dallas is looking at the development code and zoning across the board, other cit - ies continue to update parts of their regulations regarding land use and development. One such item we urge our mem- bers to be on the lookout for is any update to municipal parkland dedica- tion ordinances. If you hear of a mu - nicipality considering changes, please contact the Dallas BA. The home building industry is not opposed to the responsible develop- ment of parks. In fact, there are parks in the City of Dallas, for example, that were contributions of the nearby residential development. These parks were developed long before any talk of park dedication ordi - nances. Park dedication ordinances are
METROPLEX DESIGN SOURCE FOR EXCITING, INNOVATIVE RESIDENTIAL PLANS 972-783-4660
The Home Builder is published monthly by the Dallas Builders Association at 5816 W. Plano Pkwy., Plano, Texas 75093. Telephone 972-931-4840. BARCIE VILCHES, Editor
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