§ 22-36. Planning.

(a)

It is the policy of the city to require developer/owners of residential subdivisions and lots to provide for park land and park facilities at the time of development approval in proportion to the need for such improvements created by the developments and in proportion to the benefits received from contribution of such facilities. It is the city's further policy to impose park dedication requirements consistent with the city's comprehensive plan and officially adopted park and recreation plan.

(b)

The city shall require developers of residential subdivisions or lots to dedicate land for neighborhood parks, make payment of cash in lieu thereof, make payment of cash for park development fees or construct recreational or park improvements in lieu thereof, or require dedication of additional park land, as hereinafter provided, for park purposes to meet the park and recreational needs as a condition of the development approval The city shall have the right, in its sole discretion, to require a combination of park land dedication and/or payment of cash in lieu thereof, and/or payment of cash for park development fees and/or construction of recreational and park improvements in lieu thereof in order to meet park dedication requirements.

(c)

The city shall base park dedication requirements on the number of persons expected to reside in a development. The standard for public park land shall be two and one-half (2.5) acres per one thousand (1,000) population. For each residential subdivision, the following formula shall be used to calculate park land needs:

2.5 Acres x (No. of Units) x (Persons/Unit)  = Acres to be dedicated
1,000 population

The number of persons per unit shall be based on both current U.S. census information and data compiled by the city and shall be periodically reviewed and updated. The following figures represent the average number of persons per unit by current density categories, and shall be used to calculate park land dedications.

(1)

Single-family detached/duplex
2.8 persons/unit

(2)

Multifamily
1.8 persons/unit

(d)

Park development fees shall be based upon an assumed cost of typical improvements for five (5) acres neighborhood park of two hundred eight dollars ($208,000). Development costs shall be apportioned among types of dwellings units and park development fees shall be charged in accordance with the following formula:

(1)

Single-family dwelling: $291.00

(2)

Multifamily dwelling: $187.00

(e)

Where a substantial private park and recreational area is provided in a proposed residential subdivision and such area is to be privately owned and maintained by the future residents of the subdivision, partial credit may be given to the developer/owner, not to exceed fifty (50) percent of the total acreage requirements for land dedication if the city finds that it is in the public interest to do so and that all the following standards are met:

(1)

That yards, court areas, setbacks and other open areas required to be maintained by the zoning and subdivision rules and regulations ordinances shall not be included in the computation of such private open space;

(2)

That the private ownership and maintenance of the open space is adequately provided for by recorded agreement, covenants or restrictions;

(3)

That the use of the private open space is restricted for park and recreation purposes by recorded covenant, which runs with the land in favor or future owners of the property and which cannot be defeated or eliminated without the written consent of the city or its successors;

(4)

That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

(5)

That facilities proposed for the private open space are in substantial accordance with the provisions of the comprehensive plan, parks and recreation plan and other adopted plans of city; and

(6)

That the private open space for which credit is given is a minimum of two (2) acres and provides a minimum of four (4) of the local park elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area:

Criteria List	Credit Acres
Children's play apparatus area	.50 -  .75
Landscape park-like and quiet areas	.50 - 1.00
Family picnic area	.25 -  .75
Game court area	.25 -  .50
Turf playfield	1.00 - 3.00
Swimming pool (42′ × 75′) [with adjacent deck and lawn areas]	.25 -  .50
Recreation center building	.15 -  .25
Recreation community gardening	.15 -  .25

 

Before credit is given, the city shall make written findings that the above standards are met.

(Ord. No. 98-039, § I, 2-17-98)