Chapter 18.147
PARKS AND OPEN SPACES
Sections:
18.147.030 Park size and design standards.
18.147.050 Facility maintenance and liability.
18.147.060 Impact fee credits.
18.147.010 Purpose.
(1) The purpose of this chapter is to ensure implementation of the La Center parks, recreation, and open space master plan (“parks plan”) in new residential development by requiring developers to dedicate, develop, and maintain family parks, trails, and open space based on the size of their development. These parks benefit all residents by:
(a) Providing opportunities for both active and passive outdoor activities;
(b) Providing a variety of activities;
(c) Ensuring outdoor activities are available to all elements of the community; and
(d) Enhancing the sense of community.
(2) The La Center parks, recreation, and open space master plan, as amended, is incorporated by reference. [Ord. 2017-07 § 2 (Exh. A), 2017.]
18.147.020 Applicability.
(1) Any residential development meeting any of the following criteria shall provide parks consistent with the standards of this chapter:
(a) Any development in an LDR-7.5 zoning district that includes 40 or more dwelling units; or
(b) Any development in an MDR-16 zoning district that includes 35 or more dwelling units; or
(c) Any development in an MX zoning district that includes 35 or more dwelling units.
(2) Any phased development of adjoining parcels of land under the same ownership at time of final plat approval shall provide parks consistent with subsection (1) of this section based on the total number dwelling units on all adjoining parcels of land. [Ord. 2017-07 § 2 (Exh. A), 2017.]
18.147.030 Park size and design standards.
(1) If a development proposal meets the applicability criteria of LCMC 18.147.020, the new development shall provide parks and trails in the following manner:
(a) Size. The size and location of park shall be established in such a manner as to ensure compliance with and implementation of the parks plan. The minimum park size requirements are:
(i) Each development in an LDR-7.5 zoning district shall provide one or more family parks at a ratio of one-quarter acre per 40 dwelling units (0.25 ac/40 du).
(ii) Each development in an MDR-16 zoning district shall provide one or more family parks at a ratio of one-quarter acre per 35 dwelling units (0.25 ac/35 du).
(iii) Each development in an MX zoning district shall provide one or more family parks at a ratio of one-quarter acre per 35 dwelling units (0.25 ac/35 du).
(iv) The size criteria of this subsection (0.25 ac/40 du or 0.25 ac/35 du) shall be applied proportionally to the total dwelling units in excess of the dwelling unit threshold (40 du for LDR-7.5 districts or 35 du for MDR-16 and MX districts).
(b) Design. Parks provided pursuant to this section shall meet the following minimum standards:
(i) Park design and layout shall meet current La Center park standard requirements and Americans with Disabilities Act (ADA) regulations.
(ii) Parks shall be designed by a landscape architect licensed in the state of Washington.
(iii) It is highly desirable that parks required pursuant to this chapter be one contiguous space to minimize maintenance work load. However, a required park need not be a single contiguous area if the applicant demonstrates the following:
(A) A noncontiguous park arrangement meets requirements of this section and the goals of the parks plan; and
(B) A noncontiguous park arrangement better meets the needs of the residents; or
(C) The development topography does not make it feasible to provide a contiguous space for the required park.
(iv) The minimum contiguous parks size shall be 0.25 acres.
(v) Parks provided under these provisions shall not be located on streets of a minor collector or higher classification as defined in the La Center comprehensive plan.
(vi) All parks shall be fronted by a public road for at least 40 percent of their perimeter. If it is not feasible or practical to meet this standard because of location and/or physical site constraints, a pedestrian pathway or other design element approved by the review authority to assure free and open public accessibility shall be established through a dedication or perpetual easement with a minimum width of 20 feet. This pedestrian pathway connection shall be made from the public street to the park.
(vii) All parks shall have at least 75 percent of their area improved with usable active play areas and open space.
(viii) The provided park facilities and amenities should consider the range of ages of the target residents for the development. While the choice of park facilities and amenities is determined by the developer, each family park shall, at a minimum, contain the following amenities. The review authority may amend this requirement if the proposed facilities and amenities meet the intent of this chapter and the parks plan.
(A) Paved pedestrian circulation path or sidewalk;
(B) Two sitting benches, a minimum of four feet long each, for each 0.25 acre of park area or part thereof;
(C) One trash receptacle for each 0.25 acre of park area or part thereof;
(D) Bike rack(s) to accommodate a minimum of six bicycles for each 0.25 acre of park area or part thereof;
(E) One play structure intended primarily for use by children ages two to 12;
(F) One picnic table for each 0.25 acre of park area or part thereof.
(ix) The undeveloped play space shall be covered with live vegetation which shall be irrigated by a permanent, below-ground, automatic irrigation system.
(x) A low fence or impassible vegetative buffer shall be used for the screening of park borders where they abut a residential area. This screening should be a minimum of three and one-half feet in height and shall not exceed six feet in height. Neither the fence nor hedge shall be fully sight-obscuring.
(xi) Policing of the parks is a critical concern for the city, therefore, each park shall meet the following safety requirements:
(A) The parks shall be designed to facilitate community policing through crime prevention through environmental design (CPTED) guidelines.
(B) A minimum of one side of the park shall abut a public road, unless otherwise approved by the review authority.
(C) Street lighting or park lighting as necessary shall be used to illuminate the park for citizen and police patrols to see into the park at night from a public street.
(xii) Trail linkages shall be provided to the existing or planned La Center and regional trail systems consistent with the provisions of the parks plan. The total area allocated to new trails shall not be used to meet the parks area requirement of subsection (1)(a) of this section.
(xiii) Passive open spaces, such as wetlands, stream corridors or other unbuildable lands, shall be combined with active open spaces, either contiguously or via pedestrian facilities, to create interconnectivity between neighborhoods and/or other park and pedestrian facilities. Where possible and feasible, these areas shall be improved with an integrated network of trails within the buffer areas. Where feasible these trails will be connected to existing or planned La Center and regional trail systems consistent with the provisions of the parks plan. Such unbuildable areas shall either be dedicated to the city or encumbered with public easements for pedestrian facilities. Easements shall be composed of a 20-foot-wide construction easement which, upon completion, will expire in lieu of trail construction and a 12-foot-wide perpetual pedestrian easement.
(xiv) Developers are encouraged to incorporate into the open spaces other required facilities such as stormwater treatment and detention ponds to provide more open space. However, such areas shall not be used to meet the park area requirements of subsection (1)(a) of this section.
(xv) Other design features in addition to or in lieu of the standards included in this section may be acceptable if determined by the review authority to meet the intent of this section and the parks plan.
(2) Parks required pursuant to this chapter shall be completed prior to the issuance of the occupancy permit of the twenty-fifth dwelling unit within an approved development.
(3) All park improvements required pursuant to this chapter shall be either dedicated to the city or have public access easements established prior to or concurrent with final development approval. [Ord. 2017-07 § 2 (Exh. A), 2017.]
18.147.040 Facility plan.
(1) A complete preliminary land use application shall include a preliminary park site plan and landscape plan. The preliminary site plan shall depict the location and number of play structures, bike parking structures, surface materials, how ADA requirements are being met, furnishings, and pedestrian circulation routes. The preliminary landscape plan shall depict the location of plant materials, species and size at time of planting. The applicant shall demonstrate how proposed parks and trails comply with the parks plan.
(2) The final site plan and final landscape plan shall provide all information contained in the preliminary plans with additional construction information including but not limited to: irrigation plan, construction details, grading, CC&Rs, utility services and parking. The land use application for final approval shall provide a mechanism for adequate funding and the continual care and maintenance of the parks and trails as approved by the review authority. The city shall not approve the final plat or final master plan of a land use application in which parks and trails is required unless the police chief and public works director have reviewed and approved the final plans and specifications for the park. [Ord. 2017-07 § 2 (Exh. A), 2017.]
18.147.050 Facility maintenance and liability.
(1) Applicant Maintenance. The applicant retains maintenance and liability responsibilities for the parks and trails developed pursuant to this chapter unless these responsibilities are accepted by the city. Where the applicant retains maintenance and liability responsibilities, the facilities must be maintained at a level at least equal to comparable facilities maintained by the city. The applicant shall ensure that the developer or homeowners’ association owning the facility grants the city the right of third party enforcement or other similar mechanism to assure perpetual care and maintenance of the facility.
(2) City Maintenance. The city reserves the right to, but is not obligated to, assume maintenance and liability of park and trail facilities developed pursuant to this chapter.
(a) The city may accept maintenance and liability for park and trail facilities if the public works director finds all of the following:
(i) The applicant requests that the city assume the responsibilities.
(ii) The facility lies within land dedicated or granted to the city.
(iii) The facility has been constructed to city standards.
(iv) The facility meets a need identified in the parks plan.
(v) The city has adequate resources for maintenance of the facility.
(b) The city shall accept maintenance and liability for a park and trail facility through approval by the city council.
(c) If the city accepts maintenance and liability for the park and trail facilities the applicant shall provide maintenance of provided parks and trails for a period of two years after the dedication of the park or trails to the city. The applicant shall submit a park landscape maintenance agreement and a two-year park maintenance bond, in a form acceptable by the public works director. [Ord. 2017-07 § 2 (Exh. A), 2017.]
18.147.060 Impact fee credits.
Park and trail improvements and dedications made pursuant to this chapter may be eligible for park impact fee credits pursuant to the provisions of the Chapter 3.35 LCMC. [Ord. 2017-07 § 2 (Exh. A), 2017.]