The purpose of this Mayor and Council Communication (M&C) is to authorize the use of a portion of Marine Creek Lake Park (Park) for the installation of storm drainage infrastructure improvements by Mansions at Marine Creek, LP (Developer), as required by Chapter 26 of the Texas Parks and Wildlife Code and to authorize a related Agreement.
The Developer has approached the Park and Recreation Department (PARD) requesting the use of approximately 0.70 acres (30,475 square feet) of Marine Creek Lake Park for the installation of storm drainage improvements. The proposed improvements include a new headwall, storm scepter for trash containment and approximately 820 linear feet of 8 feet x 6 feet reinforced concrete pipe. The Developer has worked closely with Staff from the Transportation and Public Works Stormwater Division, Tarrant Regional Water District and PARD to locate the proposed facilities so as to minimize the impact to the Park (see attached exhibit). Developer has requested the use of approximately 12,300 square feet of temporary workspace within the Park to construct the proposed storm drain improvements. The City typically charges a $1.00 per square foot temporary access fee for such Agreements, which, in this instance, equates to $12,300.00. However, Staff is proposing that, in lieu of the fee, the Developer install $12,300.00 worth of mutually agreed upon park improvements.
In addition to the above-stated park improvements, the Developer has agreed to construct two public trails connecting the Developer's adjacent development to the Marine Creek Lake Park trail system. The public trail connection includes a southern trail for which approximately 13,180 square feet (20 feet wide x 659 feet in length) of workspace is being requested and a northern trail for which approximately 10,275 square feet (20 feet wide x 513.75 feet in length) of workspace is being requested. Mitigation for the temporary workspace associated with the trail construction will not be assessed as these trails will be constructed to the PARD standards and will become public property upon completion. The City and Developer will enter into a Temporary Access and Workspace Agreement, which may be incorporated as part a related Community Facilities Agreement, to allow the developer the right to enter onto the Park and install the storm drainage infrastructure and park improvements, including the two trails (Agreement).
Trees less than 30 inches in diameter breast height (DBH) permitted for removal must be mitigated on an inch-per-inch basis. Mitigation trees must be planted on City rights-of-way, medians or other public lands and be watered and maintained until established for a minimum of two years. If mitigation on site is not possible or desirable, mitigation payments into the Tree Fund can be made in the amount of $200.00 per caliper inch not planted. The City Forester has reviewed the proposed alignment and has assessed a mitigation fee of $98,400.00 for trees being removed within the Park. Approximately 29 trees, totaling 420 inches will be removed from the Park. The trees sizes range from 8 inches in DBH to 36 inches in DBH (2 Live Oaks that are 10 inches in DBH and 14 inches in DBH, 8 Elm that are 8 inches in DBH - 36 inches in DBH and several other species).
The Agreement will require the Developer to install fencing around the perimeter of its development to ensure that no parkland or non-approved trees will be impacted by the proposed construction. The Developer will be working with the City Forester during construction to ensure all protection measures are in place for the preservation of trees within the Park. Upon installation of the infrastructure and acceptance by the City, title to the infrastructure and all park improvements, including trails, will be vested to the City.
Upon completion of this project, the Park will be returned to a similar or better condition than it existed prior to construction. The Transportation and Public Works Department has agreed to maintain the drainage structures being installed and the Developer will be maintaining the storm scepter. The Developer will coordinate with appropriate City staff during the entire construction process.
On March 23, 2016, the Park and Recreation Advisory Board endorsed Staff's recommendation to the City Council to authorize the use of the Park for the purpose of installing storm drainage infrastructure improvements in Marine Creek Lake Park.
In accordance with state law, public notice was advertised in the Fort Worth Star-Telegram on June 8, 2016, June 15, 2016 and June 22, 2016. An exhibit map was available for public review for 30 days at the PARD administrative offices located at 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115.
Signage was posted at the site on May 27, 2016, announcing the proposed use and providing instructions for directing comments to the PARD. A letter announcing the proposed use was sent to the president of the Marine Creek Community Association. During the report of City staff, Staff will note any public comment that has been received.
Marine Creek Lake Park is located in COUNCIL DISTRICT 2.
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