(a)
Purpose.
This section is intended to meet the goals
and objectives of the city to meet the additional needs created by
new residential development.
(b)
Scope.
The provisions of this division shall apply to
all new residential development within the city for which a final
plat or preliminary plat is required to be submitted to the city for
approval.
(c)
Exemptions.
The provisions of this division shall not
apply to the following:
(1)
Senior living facilities and senior care facilities, including assisted
living facilities, senior congregate care facilities, memory care
facilities and nursing homes. However, independent living and retirement
communities or age-restricted housing developments shall be subject
to the provisions of this division.
(2)
Residential development for property to be located on a lot of record
that was approved prior to the effective date of the ordinance from
which this article derives.
(3)
A record plat, minor plat, or replat which was approved prior to
the effective date of the ordinance from which this division derives.
(4)
Residential development constructed or to be constructed in accordance
with a building permit issued prior to the effective date of the ordinance
from which this division derives.
(d)
Park design requirements: open space and linear parks and connections
to city.
(1)
Parks must be easy to access and open to public view to benefit area
development, enhance the visual character of the city, protect public
safety and minimize conflict with adjacent land uses.
(2)
Usable open space (which must be platted as an HOA X lot) shall have
one (1) large canopy tree planted every 5,000 square feet. Staff may
authorize minor modifications for tracts with extensive perimeter
ROW tree requirements, tracts with extensive tree cover, or for areas
intended for active recreation or detention.
(3)
The following standards shall be used in designing parks and adjacent
development:
(A)
Where physically feasible, parks shall be bounded by streets, or
by other public uses (e.g. a school, library, recreation center).
(B)
Where residential lots are directly adjacent to a park, lots must
be oriented to side and not back to the park. In this instance, cul-de-sac
and looped streets must be used to access the lots and park.
(C)
Residential lots may back to a park, open space, or greenbelt only
when the site’s physical character (e.g., shape, topography,
drainage) does not reasonably permit an alternative design or the
layout of the subdivision complements the use of the park (e.g., lots
backing to a golf course). Lots backing to a linear park, neighborhood
park, or natural drainage corridor shall only be allowed upon approval
by the city manager or designee.
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(D)
A proposed subdivision adjacent to a park may not be designed to
restrict reasonable access to the park from other area subdivisions.
(E)
Street connections to existing or future adjoining subdivisions may
be required to provide reasonable access to parks.
(F)
Alleys shall not abut a park.
(G)
Public access to a park shall not be less than fifty (50) feet at
the curb and in width to the base floodplain and/or maintenance and/or
access dedication and shall not be part of a residential lot. The
developer shall install a hike-and-bike trail connection from the
street to the hike-and-bike trail/park prior to final acceptance of
the subdivision. This trail must be blocked from motor vehicle traffic.
However, the developer may request to escrow funds for the contracted
amount prior to final acceptance of the subdivision with city approval.
The escrow amount will remain in place until the trail has been completed
and accepted by the city.
(H)
A twenty-five (25) foot level surface shall be provided for all public
hike-and-bike trails. The twenty-five (25) foot wide level surface
can be provided within and/or outside of the base floodplain and/or
access dedication. The parkway for the public street may count towards
the twenty-five (25) foot wide level surface.
(I)
All proposed hike-and-bike trails shall be shown on the preliminary
plat. The parks and recreation department shall make the final determination
of the placement of the public hike-and-bike trail at the time of
the final plat.
(J)
No development shall interrupt future trail routes or otherwise hinder
efficient public access to or from an existing or future planned trail.
Gated and other limited access developments shall be designed such
that they facilitate, and do not impede, through public access, emergency
ingress and egress, usage and enjoyment of public trails.
(K)
Streets abutting a park shall be built in accordance with the thoroughfare
plan, the standards of this ordinance, and all other applicable construction
standards and/or ordinances, as they exist or may be amended. However,
the city may require any residential street built adjacent to a park
to be constructed to collector street width to ensure access and prevent
traffic congestion.
(i)
When park land is acquired, the city shall reserve sufficient
land to provide the additional right-of-way required for an abutting
collector size street, sixty (60) feet of right-of-way, unless otherwise
approved by the city.
(ii)
The proposed street alignment fronting on city parks is subject
to city approval. Land owners shall also provide street access to
all major creeks and/or access dedications.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Land conveyance or payment in lieu of land required.
The owner of any property to be developed for residential or multiple-family
purposes shall convey land for park purposes or make a payment of
money in lieu of land, or a combination of both, to the city at the
time of platting to provide for the recreational needs created by
such development, in accordance with the provisions of this division
(the “park land dedication fee”).
(b)
Proposed number of dwelling units.
All plats, lots of
record, replats, site plans or proposed improvements of land for new
residential development shall indicate the number of proposed dwelling
units to be constructed or placed within the development on such plat,
lot of record, replat, or site plan.
(c)
Determination or requirements.
In reviewing any lot
of record, plat, site plan, or proposed improvements of land for a
new residential development (including townhome or multifamily developments),
the city manager or designee shall make a determination of whether
a conveyance of land, payment of money in lieu of land or a combination
of both shall be made to meet the requirements of this division.
(d)
Factors considered.
In making a determination of which
type of dedication, or combination thereof, shall be made, the city
manager or designee shall evaluate what would be in the best interest
of the city, based upon relevant factors that may include, but not
be limited to, the following:
(1)
Whether the proposed land to be conveyed for park purposes would
be suitable as a regional, linear, community, school, or other city
park;
(2)
Any adopted park plan or sub-area plan for the area in which the
development is located;
(3)
Whether the proposed land to be conveyed for park purposes is adjacent
to an existing or proposed school site.
(4)
Whether there is sufficient existing public or private park land
in the area of the proposed development;
(5)
Whether the park needs of the area where the proposed development
is located would be best served by expanding or upgrading existing
parks;
(6)
Whether the land is located adjacent to a greenbelt park which is
intended to be preserved in its natural state;
(7)
Whether the development of a park in the location proposed reflects
the guidelines of the comprehensive plan; and
(8)
Whether there is a significant natural resource on the site that
should be preserved and/or protected through parkland dedication.
(e)
Dedication: conveyance of land requirements.
The city
manager or his designee shall make the determination regarding whether
a conveyance of land shall be accepted in whole or in part or whether
it would be more beneficial to the city to accept the market-based
cash equivalent. When the city elects to accept the conveyance of
land to meet the park land dedication requirement, the following provisions
shall apply:
(1)
Amount.
(A)
The required conveyance of land shall be one (1) acre of land per
fifty (50) residential single-family units, or a dollar amount per
square foot of the land in lieu of land dedication, as listed in the
master fee schedule.
(B)
The required conveyance of land for multifamily units shall be a
flat per unit fee, as listed in the master fee schedule.
(2)
Manner and method.
plats required to be submitted to
the city for approval shall show thereon a fee simple conveyance to
the city of the land required for park purposes as a condition to
approval of such plat by the commission. The city may further require
the conveyance of the park property by general warranty deed. As a
condition to acceptance of the plat or deed by the city, the Subdivider
shall provide the city with an owner’s title policy of insurance
in an amount equal to the value of the land conveyed, which amount
shall be determined by the city.
(3)
Credit for private recreation facilities.
Where private
recreation facilities are built for the residents for the subdivision
or development, a credit may be granted with a recommendation from
the city park board and approval by the city council. The value of
these private recreation facilities shall be determined by the city
council, but shall not exceed fifty percent (50%) credit of conveyance,
and must make the facilities open to the public.
(4)
Credit for prior dedications.
Where a gift of land was
made prior to the effective date of the ordinance from which this
division is derived by the owner of land required to convey land under
the provisions of this division, the former gift of land shall be
credited on a per-acre basis toward the required conveyance provided
by this division when the city council finds that:
(A)
The gift was made within five (5) years of the effective date of
this ordinance;
(B)
The land given was within one-half mile of the new development for
which land is required to be conveyed;
(C)
The land given is not being presently used for purposes incompatible
with park purposes and is suitable for park purposes; and
(D)
A credit may be given for on-site improvements that are compatible
with long-range development plans for the proposed park.
(E)
The credit provided for herein shall not be transferable and shall
only be given to the donor of the land who is the owner of the property
being developed for which a conveyance of land is required by this
division, unless said prior conveyances were included as a part of
an executed facilities and/or development agreement between the city
and the developer.
(5)
Credit for conveyance of floodplains.
In cases where
floodplain and or property is proposed to be conveyed to satisfy the
park land dedication requirements, a credit will be given based upon
the following formula or ratio: three (3) acres of floodplain shall
equal one (1) acre of land outside the floodplain, if approved by
the park board.
(6)
Suitability of land for regional parks, linear parks, community parks,
school parks, or other city parks.
The park board shall
be the arbiter of what land is suitable for park land dedication,
subject to final approval by the city council. A proposed conveyance
of land shall not be considered suitable for neighborhood parks, community
parks, or open space purposes if it has one or more of the following
characteristics:
(A)
Located within the 100-year floodplain, as shown on the latest flood
insurance rate map or floodplain ordinance adopted by the city on
which the federal emergency management agency (FEMA) has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community. The city may accept no more than the
twenty percent (20%) floodplain land, unless a greater percentage
of land within the floodplain is determined in the best interest of
the city.
(B)
The proposed dedication is less than seven and a half (7.5) acres
for a school park or less than twenty (20) acres for a community park,
unless the proposed dedication is located in such a manner in which
it could be combined with other dedications to create a park of adequate
size.
(C)
It has unusual topography or slope or has utility easements that
render it unsuitable for organized recreational activities or passive
park needs, depending on the city’s intended use for the property.
(D)
It does not, or would not, front an improved public street or would
not be readily accessible, in whole or in part, to the public.
(f)
Dedication: payment in lieu of land provisions.
Where
the city manager or designee determines that a payment of money in
lieu of land shall be made, the following provisions shall apply:
(1)
Determining the amount of payment.
(A)
Any payment of money required to be paid shall be in an amount equal
to the average per-acre value of the whole property included within
the residential development or the amount set forth in the fee schedule,
as it currently exists or may be amended, whichever is greater.
(B)
In determining the average per-acre value of the total land included
within the proposed residential development, the city manager or designee
may base its determination on one or more of the following:
(i)
The most recent appraisal of all or part of the property made
by the county central appraisal district; or
(ii)
Confirmed sale prices of all or part of the property to be developed,
or comparable property in close proximity thereof, which has occurred
within two (2) years immediately preceding the date of determination;
or
(C)
Where, in the judgment of the city manager or designee, section 10.03.082(f)(1)(A) or 10.03.082(f)(1)(B) above would not, because of changed conditions, be a reliable indication of the current value of the land being developed, an independent appraisal of the whole property obtained by the city and paid for by the developer; or [sic]
(2)
Time of payment.
Any payment of money required herein
shall be paid as a condition to the approval of any final plat or
replat. Payment shall be made prior to the filing of the plat unless
otherwise stated in an agreement approved by the city council.
(3)
Park land dedication fund.
All cash payments paid to
the city in accordance with this section shall be deposited in a separate
park land dedication fund. The city shall account for all such payment
with reference to each development for which the payment is made.
(4)
Use of funds.
Any payments made to the park development
fund must be used for the acquisition and development of parks, hike-and-bike
trails, or public open space located within the city.
(g)
Compliance, penalties, sanctions and redeterminations.
(1)
Requirements to be satisfied prior to development.
It
shall be unlawful for any person who is required to convey land, or
pay money in lieu of land, as required by this division, to begin,
or allow any other person or contractor to begin, any construction
or improvements on any land within any development to which this division
applies until the required conveyance of land or payment of money
in lieu of land is made to the city in accordance with this division.
(2)
Permits and services to be withheld.
No building permits
shall be issued for, and no permanent utility services shall be provided
to any land within any land within any development to which this division
applies until the required conveyance of land or payment of money
in lieu of land is made to the city in accordance with this division.
(3)
Redetermination of requirements for proposed additional dwelling
units.
After the city council has made a determination
of the requirements of this article, or after the requirements of
this division have been met, based upon the proposed number of residential
dwelling units for any land to which this division applies, any person
who desires to construct a number of dwelling units in excess of the
number of dwelling units for which the requirements of this division
were determined or met must submit to the city council a revised calculation
for the total number dwelling units in the development. If the additional
number of dwelling units changes the density of the development, a
zoning change may be required. If the additional dwelling units are
accepted by the city through a process determined by the city manager
or his designee, the developer shall either convey the additional
park land through a plat or replat or shall pay a fee in lieu of park
land for the additional dwelling units at the issuance of the first
building permit for all the additional units, regardless of whether
all of the units are being constructed at one time.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Purpose.
(1)
A park improvement fee (“park fee”) is hereby imposed
on residential development for the purpose of ensuring that regional,
linear, community, school, or other city park facilities are available
and adequate to meet the needs created by new residential development.
(2)
The park fee is imposed in conjunction with and in addition to requirements for the dedication of open space and linear park land and the construction of open space and linear park improvements for which contributions the property owner may be reimbursed from proceeds of park fees imposed, as provided in section 10.03.083(f), use of park improvement fee.
(3)
Park improvement fees are collected on a per unit basis prior to
the issuance of a building permit and are listed in the master fee
schedule.
(b)
Applicability of park fee.
In all cases in which parkland is dedicated or cash is paid in lieu of parkland dedication, the subdivider shall also pay to the city a sum of money, as set forth by section 10.03.083(d), amount of park improvement fee. This subsection does not apply to activities involving the replacement, reconstruction, remodeling, rehabilitation or other improvements to an existing residential structure, or to the rebuilding of a damaged structure or to permits required for accessory uses, unless such activity results in a change in the type or increase in the number of dwelling units.
(c)
Imposition of park fee.
Imposition of the park fee does
not alter, negate, supersede or otherwise affect any other requirements
of city, county, state or federal legislation or regulations that
may be applicable to a residential development, including city zoning
and/or subdivision regulations that may impose open space and park
requirements and standards.
(d)
Amount of park improvement fee.
The established park
fee for single-family, duplex, townhome and multifamily dwelling units
as listed in the fee schedule.
(e)
Timing and processing of park improvement fees.
(1)
The park improvement fee shall be a paid by the home builder prior
to the issuance of a building permit.
(2)
The amount of the park improvement fee for single-family, two-family,
and multifamily units is set forth in the city’s master fee
schedule, as it currently exists or may be amended.
(3)
All park improvement fee payments shall be segregated in a separate
fund to be spent only for the improvement of park facilities, funding
of staff, or purchase of park land within the city.
(4)
The city shall maintain and keep financial records for park improvement
fees, which shall show the source and disbursement of all fees collected.
(g)
Additional voluntary park improvements.
A developer
may request permission to construct, at his own expense, additional
park improvements. The city may accept or reject voluntary dedications
of park land and/or additional park improvements. All improvements
in public parks and open spaces shall be consistent with the design
criteria and objectives of the city and any adopted park plan, and
shall, upon installation, become the property of the city. Prior to
constructing such additional park improvements, the developer shall
enter into a development agreement with the city that defines, among
other things, the work to be performed, construction schedules, improvement
costs, performance surety, the amount to be reimbursed by the city
(if any), and the timing of such reimbursement (if any).
(h)
Appeals and variances.
(2)
The developer must file a notice of appeal with the city council
within thirty (30) days following the determination by the city manager.
If the notice of appeal is accompanied by a bond or other sufficient
surety satisfactory to the city attorney in an amount equal to the
park fee due as calculated by the city manager, the development application
shall be processed. The filing of an appeal shall not stay the collection
of the fee due, unless a bond or other sufficient surety has been
filed.
(3)
The board of adjustment may grant variances from any requirements
of this chapter, upon written request by a property owner, following
a public hearing, and only upon a finding that a strict application
of such requirement would result in a substantial hardship that is
not common to similarly situated property owners.
(i)
Park fee as additional and supplemental requirement.
The park fee is in addition and supplemental to and not in substitution
of park land dedication or fees in lieu of land conveyance, or any
other requirements imposed by the city on the residential development
of the land.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Hike and bicycle trail master plan.
Hike-and-bike trails
located within or adjacent to the development shall be constructed
at the developer’s expense in accordance with any adopted master
plan, and as amended.
(b)
Requirements.
Hike-and-bike trails, especially those
providing access to and along a major creek and other open spaces,
shall be in accordance with the following design criteria unless otherwise
approved by the director of parks and recreation and the director
of development services:
(1)
A minimum twenty-five (25) foot wide level ground surface shall be
provided for a twelve (12) foot wide public hike-and-bike trail, where
required. The twenty-five (25) foot wide, level ground surface may
be provided within and/or outside of the 100-year floodplain.
(2)
The parkway of a public street may count toward the twenty-five (25)
foot wide, level ground surface, upon approval of the director of
parks and recreation.
(3)
Low water crossings for the hike-and-bike trail may be allowed upon
approval from the director of engineering and the director of parks
and recreation.
(4)
The hike-and-bike trails shall be designed so as to minimize visibility
blind spots from public streets for public safety purposes.
(5)
Construction plans for the development shall include engineered drawings
of trail cross-sections in accordance with the city’s engineering
design standards. Trail geometric design, signage, and safety measures
shall be in accordance with AASHTO standards.
(6)
Hike-and-bike trails shall be shown on the final plat and dedicated
as “trail easements.”
(7)
Sidewalks and streets, including cul-de-sacs, adjacent or near a
trail shall provide a concrete pedestrian connection to the trail,
including any necessary barrier free ramps and bollards.
(8)
All sidewalks shall be adequately lit for public safety purposes
and shaded.
(c)
Locations and easements.
Locations of all trails shall
be consistent with the locations designated in any adopted master
plan, and are subject to approval by the director of parks and recreation
and the director of development services.
(1)
The director of parks and recreation and the director of development
services shall have the authority to determine the placement of future
hike-and-bike trails at the time of conveyance plat or preliminary
plat review and approval.
(2)
No development shall interrupt future trail routes or otherwise hinder
efficient public access to or from an existing or future planned hike-and-bike
trail. Gated and other limited access developments shall be designed
such that they facilitate, and do not impede, through public access,
emergency ingress and egress, usage, and enjoyment of public trails.
(3)
Residential developments that own, by means of an HOA, open space,
must provide a minimum 25' wide pedestrian access easement to allow
future hike-and-bike trails to transverse the property that have plantings
and irrigation.
(d)
Trails along major creeks and greenways.
(1)
Hike-and-bike trails shall be located adjacent to major creeks or
greenways whether shown on the master trails plan or master parks
plan or not. These trails shall be staked in the field by the developer,
provide stub outs to any local sidewalk system and approved by both
the director of parks and recreation and the director of development
services prior to the submittal of a conveyance plat or preliminary
plat.
(2)
The location of the trail shall be specified on the conveyance plat
or preliminary plat as the approved location for the hike-and-bike
trail, and an easement for such shall be shown on the conveyance or
preliminary plat and the associated final plat for any portions of
the trail that traverse private property.
(e)
Trails in relation to golf courses.
When a trail system
is extended through a golf course, improvements shall be made to protect
and provide separation between users of the trail system and the golfers,
at the developer’s expense. Such improvements include, but are
not limited to, a series of berms and trees to help protect trail
users from airborne golf balls. Upon approval of the director of parks
and recreation and the director of development services, a golf cart
path of sufficient width to accommodate both golf carts and bicycles
may serve as a trail.
(f)
Future trails and access for new developments.
When
development is adjacent to an undeveloped property, a pedestrian access
stub-out in conjunction with a street connection to the edge of the
development shall be required to allow for future access between developments.
(Ordinance 2020-95 adopted 10/13/20)
