The purpose of this section is to ensure that new development
allocates resources for accessible and useable parks, open space,
and recreational facilities in proportion to the impact of the development
and its contribution to increased demand for such facilities. The
City Council adopts this section in furtherance of the goals and recommendations
of the Connectivity Plan, the Comprehensive Plan, and adopted master
plans for City properties.
(Ordinance 475 adopted 6/28/22)
A.
This section applies to the following development:
B.
The following development is exempt from the requirements of this
section:
C.
All dedications or payments in lieu of dedication are due at the
time of Final Plat approval.
(Ordinance 475 adopted 6/28/22)
A.
Development in properties zoned R-1 through R-5 inclusive must dedicate
public parkland at the rate of one and one-half (1-1/2) acres of parkland
per one hundred (100) dwelling units or prorated portion thereof as
depicted on the approved Site Plan, Development Plat or Preliminary
Plat.
B.
Development of Multi-Family Residential or Mixed-Use must dedicate
parkland at the rate of one and one-half (1-1/2) acres of parkland
per one hundred (100) dwelling units or prorated portion thereof based
on one of the following:
1.
The number of units shown on the Site Plan, if the property
is a single-phase, does not require a Preliminary Plat, or is already
platted but has not already satisfied parkland dedication requirements;
or
2.
The number of units projected at ultimate build-out of a multi-phase
development at the time of Preliminary Plat; or
3.
If the number [of] units is unknown at the time of Preliminary
Plat, the highest number of units allowable for a Multi-Family Residential
or Mixed-Use development under the zoning.
C.
Future amendments or replats to an approved Development Plat, Preliminary
Plat, Site Plan, or Final Plat that increase the number of dwelling
units will increase the dedication required in accordance with the
City Council-approved rate in place at the time of the amendment.
(Ordinance 475 adopted 6/28/22)
A.
Land dedicated for park, open space, and recreation purposes must,
at a minimum, comply with the following area and location standards:
1.
The land must be a minimum of one (1) contiguous acre in size.
Land may be considered contiguous if it abuts both sides of a street
with a Local classification and the separate areas are joined by a
marked pedestrian crossing;
2.
The land must provide a minimum of two hundred (200) feet of
street frontage;
3.
The land must have a minimum width of fifty (50) feet;
4.
The land must be centrally located to the population of the
neighborhood, community, or phase of development it will serve;
5.
The land must be situated to allow convenient pedestrian and
bicycle access in addition to facilities for vehicle parking; and
6.
The land must be well-drained and relatively level with no more
than thirty percent (30%) subject to inundation by a 100-year flood.
Drainage areas or areas with undulating topography or slopes exceeding
five percent (5%) are acceptable if the areas are to remain in their
natural state and will preserve one or more significant features such
as creeks, watersheds, viewsheds, native clusters of trees, or habitat
for native or migratory species.
B.
In addition to the specific standards listed in subsection 6.3.4.A,
land dedicated should conform to the principles and recommendations
of the Connectivity Plan, the Comprehensive Plan, and adopted master
plans for City properties.
C.
Land dedicated must be shown as dedicated on a Final Plat and be
free from any of the following:
1.
Human inhabitants;
2.
Hazards, including scrap material, junk, vehicles or equipment,
above-ground or below-ground environmental contaminants or holding
tanks;
3.
Encumbrances of any kind, including deed restrictions, liens,
or easements, unless they confer to the benefit of the City or will
not interfere with the use of the property as a park; or
4.
Other undesirable objects or features that may accrue to the
liability of the City based upon an inspection the City conducts at
its discretion prior to accepting the land for dedication.
D.
Land dedicated must be preserved in its pre-developed state and may
not be used for construction activities or storage of materials or
equipment during construction of the Subdivision or development, unless
otherwise specified in a Development Agreement or Planned Development.
E.
The City Council may, at its sole discretion, modify these standards
for land dedication that furthers the City's goals of protecting areas
of environmental sensitivity and linking multiple properties outside
of the Subdivision or development requiring the dedication, or to
provide natural area parks or preserves or special use parks where
identified in the Connectivity Plan, Comprehensive Plan, or adopted
master plans for City properties.
(Ordinance 475 adopted 6/28/22)
The following are the minimum designed elements to be included
in dedicated parkland (to the City as public parkland or a property
owners' association park) and must be reflected on associated Subdivision
Construction Plans or Site Plan at the time of Construction Release:
A.
Curb and gutter along all streets abutting the boundary of the parkland.
B.
The same level of utilities provided within the abutting Subdivision
or development must extend to the boundary of the parkland or as approved
by the City Engineer (utilities include, but are not limited to, water,
wastewater, electricity, and cable or fiber optic communication lines).
C.
Above-ground survey markers installed at the corners of all property
lines.
D.
Any improvements required under a Development Agreement, Planned
Development Master Plan, or otherwise agreed to in writing between
the Subdivider or Developer and the City.
E.
Construction of the improvements must be completed within three (3)
years of the City's approval of the first Final Plat of the Subdivision
or development.
F.
Where the Subdivider or Developer is to provide improvements within
parkland or abutting the parkland, the Subdivider or Developer must
provide Fiscal Security consistent with subsection 2.4.4.
(Ordinance 475 adopted 6/28/22)
A.
City Council may refuse any offered park dedication and require that
a fee in lieu of dedication be paid in accordance with this subsection
or require that the dedicated parkland be privately owned and maintained
by a Property Owners' Association.
B.
If suitable land for park dedication is not available, the Subdivider
or Developer may propose one or more of the following payments in
lieu of dedication:
1.
A fee set by the City Council based on the market value of the
required acreage;
2.
Dedication and development of Public Paths (See minimum standards
in subsection 6.3.7.B) consistent with the adopted Connectivity Plan,
excluding development of paths in roadway buffers (see subsection
5.1.1.B.1);
3.
Providing private parkland equal to the required public parkland
dedication, provided that the private parkland conforms to the following:
(i)
The property is deed restricted for use as a park;
(ii)
The property is platted as a lot(s) and noted
on the Final Plat as parkland;
(iii)
The parkland is improved to the standards of
subsection 6.3.5;
(iv)
The parkland is developed with one or more of
the following amenities: a community swimming pool, sports field,
sports courts, playgrounds, dog park, or other amenities approved
by City Council; and
(v)
The parkland is owned and maintained by a Property Owners' Association.
C.
The City shall determine the amount of the fee at the time of the
first Final Plat application and the Developer or Subdivider must
pay all fees prior to recording the first Final Plat.
D.
The City will reserve the contributed fees for the purpose of land
acquisition, construction of improvements associated with parkland,
and purchase of equipment to the most direct benefit possible to the
residents of the Subdivision.
E.
If the City fails to expend all of the contributed funds on parks
or improvements to parks within eight (8) years from the recording
date of the most recent Final Plat, the property owner, Subdivider,
or Developer may request in writing that the City refund any remaining
funds.
(Ordinance 475 adopted 6/28/22)
Sufficient land shall be dedicated to conform to the City's
Connectivity Plan and additional lands may be dedicated to expand
the City's shared use path network, including construction of any
paths not specifically identified in the Connectivity Plan, as follows:
A.
Parkland dedication credit for public paths:
1.
For shared use path segments shown on the City's Connectivity
Plan, public access easements shall be provided to the City for segments
of the shared use path network shown in the Connectivity Plan and
the area of these easements shall be included in the calculation of
the amount of dedicated parkland required in subsection 6.3.3. The
parkland credit will be calculated at twenty (20) feet multiplied
by the estimated linear footage of the shared use path segment, as
determined by the City Engineer. The obligation to construct and maintain
the shared use path will be pursuant to the terms of the easement.
2.
For shared use paths not shown on the City's Connectivity Plan,
the area of these easements shall be included in the calculation of
the amount of dedicated parkland required in subsection 6.3.3 if the
proposed shared use path connects to an existing City shared use path,
shared use path easement, or shared use path segment shown in the
Connectivity Plan, and a public access easement is provided. The construction
of these multipurpose paths shall be completed as part of the Subdivision
or Site development as applicable and the maintenance of the shared
use paths shall be the responsibility of the Property Owners' Association,
unless otherwise approved by City Council.
B.
Public path standards. Unless specified otherwise, all paths receiving
parkland dedication credit shall be:
1.
Designed as shared use paths to accommodate multiple lanes or
modes of transportation, such as walking and biking;
2.
A minimum of ten (10) feet in width;
3.
Constructed to City specifications, specifications for path
surfaces, bollards, and signs shall be provided by the City;
4.
Conform to the requirements of the Americans with Disabilities
Act, as may be amended; and
5.
Placed in a right-of-way or pedestrian access easement. Pedestrian
access easements shall be a minimum of twenty (20) feet in width.
This may be a shared easement with public utilities as approved by
the City Engineer.
6.
See subsection 7.3.2.D.2(ix) for Public Path Impervious Cover
Calculation and Water Quality Standards
(Ordinance 475 adopted 6/28/22)
