To approve a Linear Park Easement Acquisition and Park Fee Credit Agreement with The Outlook at Windhaven Forefront Living for the construction of linear park facilities, dedication of linear park easement and credit of park costs against park fees; and authorizing the City Manager to execute all necessary documents. Approved

Ordinance No. 2021-12-3 for Zoning Case 2021-023 was approved by Council on 12/7/2021.

The land area bounded by Parkwood Boulevard, Windhaven Parkway and Spring Creek Parkway has been proposed to be developed. The City’s Park Master Plan map identifies the floodplain and transmission line easement of this area as a desired park land acquisition for both a linear and neighborhood park.

A development group, The Outlook at Windhaven Forefront Living, will develop a senior living community on a portion of the land south of the transmission line easement and along the east side of the creek on the property. The development will be called The Outlook at Windhaven and will have frontage along the creek and the north side of Windhaven Parkway to the north of Windhaven Meadows Park. In the parcel for this development, the parkland acquisition is the floodplain for linear parkland.

In negotiations, the developer expressed a desire to retain the floodplain in order to support their desired unit requirements. Points in this land acquisition are as follows:

• The Parks and Recreation department is willing to receive the property (4.1 acres) as a “linear park easement” to be recorded by plat. A linear park easement is afforded protection by Chapter 26 of the Texas Parks and Wildlife Code in the same manner as fee simple ownership.

• The Developer will grant the easement at no cost to the City. In addition, the Developer will construct the City’s standard linear park improvements, (trail, litter bin pad, bench pads, sod, native grass/wildflower mix, trees and irrigation) at no cost to the City. The City will inspect, approve and accept the improvements as a condition of the final plat and certificate of occupancy requirements for the development.

• The value of the land received by the City for the easement and the cost of the linear park improvements will exceed the required Park Fee collection. The City will accept the linear park easement and constructed improvements in lieu of Park Fee collection.

The deal points of this acquisition have been shared with the Parks & Recreation Planning Board.

This item has no financial impact.

Approval of this item will support the City's Strategic Plan Critical Success Factor of being an Excellent, Innovative, and Accountable City Government.