Chapter 18.56
RECREATION/OPEN SPACE REQUIREMENTS
Sections:
18.56.020 Recreation/open space qualifications.
18.56.010 Intent.
It is the intent of this chapter to establish minimum requirements and standards for providing recreation and/or preserving open space for the economic welfare, social well being, and quality of life for the city and its citizens.
A. All residential developments shall include, as a condition of approval, either the dedication of a portion of the site to be developed as recreational areas for public purposes, or other mitigation as determined to be consistent with the intent of this section, or both, pursuant to this chapter. The area must be an area of land which is supplemental and in addition to any setbacks, yard, streets, vehicular access or parking areas and similar areas ordinarily associated with residential development. Recreation area or open space may include, but is not limited to, greenbelts, parks, athletic fields, recreation areas, trails and walkways intended for access to the area, and/or environmentally sensitive areas.
B. For purposes of all single-family residential developments, any dedication of recreation/open space pursuant to this chapter shall be in an amount equal to or greater than five percent of the gross area of the proposed development.
For purposes of all multifamily residential developments and combined single-family and multifamily residential developments, any dedication of recreation/open space pursuant to this chapter shall be in an amount equal to or greater than 10 percent of the gross area of the proposed development.
C. The city may waive the dedication requirements of this chapter, provided the applicant makes an adequate showing that the purposes of this chapter will be served by the creation of private recreation or open space that otherwise meets the criteria above. Under such circumstances, the city may, in its sole discretion, authorize the establishment of a private recreation area or open space under appropriate terms and conditions.
D. The city may also, in its sole discretion, allow both the dedication of space and mitigation, provided the city determines that the purposes of this chapter are served by allowing a combination of both. (Ord. 995 § 12 (Exh. A), 2015).
18.56.020 Recreation/open space qualifications.
To qualify as recreation/open space for purposes of the chapter, all dedicated areas must have the following attributes and characteristics:
A. Use. Recreation/open space shall be dedicated for one or more of the following uses:
1. Environmental interpretation, protection, or other education;
2. Active recreation parks;
3. Off-road footpaths or bicycle trails;
4. Any other use found by the city to further the purposes of this chapter.
B. Suitability. All areas dedicated as recreation/open space must be suitable for one or more of the uses described in subsection A of this section and be of such topographic, hydrologic, geologic and other physical characteristics so as to be, in the view of the city, suitable. Areas including aboveground utilities and stormwater retention facilities are declared to be unsuitable.
C. Siting. All recreation/open space lands must be located and sized to be suitable for their intended purpose. The city may deny approval of the dedication where proposed areas are so located or sized as to be unreasonably inefficient for the public or private owner to maintain or utilize, or which the city deems to be isolated by barriers or unreasonably remote by distance from the intended users, or to be of no benefit to the residents of the proposed development or to the public.
D. Access. In order to serve the recreational needs of the public, at least 75 percent of dedicated recreation area associated with each development must be accessible to either the general public or to all residents of the associated development.
E. Ownership. The applicant shall warrant that he or she is dedicating full fee title to the area free and clear of any and all encumbrances. All documents associated with such dedication shall be subject to review and approval by the city. The city may require that any such documents be recorded as appropriate in the form of the document.
F. Notice. Notice of the dedication shall be provided by means appropriate to the intended use. Such notice shall include at minimum one posted sign and one form of public record of the dedication use which can reasonably be expected to be revealed by a title abstract of the property. Such record may include a statement on the face of a recorded subdivision or recorded deed covenants and restrictions.
G. Off-Site Recreation/Open Space. Where no site within the proposed development meets the above qualifications, the city may require that the applicant offer lands outside the development; provided, that the area is qualified in all other respects, that the applicant certifies and warrants that he or she has the necessary authority to convey the off-site property in fee title to the city, free and clear of any and all encumbrances, and that such off-site area is within the boundaries of the same sub-area identified in the land use element of the comprehensive plan as the development itself. (Ord. 995 § 12 (Exh. A), 2015).