Chapter 17.25
RESIDENTIAL RECREATION AND COMMON SPACE REQUIREMENTS
Sections:
17.25.030 Single-family residential.
17.25.040 Multiple-family structures, complexes, or developments.
17.25.050 Mixed-use building with residential component.
17.25.060 Minimum park features, play equipment, and infrastructure.
17.25.070 Sustainability – Design and construction methods and materials.
17.25.080 Fee in lieu of provisions.
17.25.010 Purpose.
The purpose of the residential recreation and common open space requirements provided in this chapter is to provide standards for the creation and maintenance of park and common open space areas and trails in conjunction with new development that will protect the health, safety, and general welfare of the public, enhance property values, improve quality of life and the appearance of the community, facilitate pedestrian and bicycle mobility, provide accessibility to recreation improvements by people of all abilities, and preserve natural areas. The requirements will be applied to all new development containing a residential component of five or more units. Residential and common open space requirements applicable to cottage developments (including all cottage residential zones) shall be provided as set forth in Chapter 18.11 NBMC, with the exception of trail requirements, which are set forth in NBMC 17.25.065. (Ord. 1685 § 1 (Exh. A (part)), 2019: Ord. 1355 § 1 Exh. A (part), 2009: Ord. 1329 § 1 (part), 2008).
17.25.020 Definitions.
A. “Children’s play equipment” means a facility or structure intended for play and enjoyment by children. These structures should contain elements such as: slides, balance features, swings, climbing features and/or other enjoyable elements, and may include natural elements such as rocks, logs, or stumps safely installed, anchored and arranged in such a manner as to create a play space for enjoyment by children.
B. “Pea patch” means a small neighborhood communal garden area for the growing of fruits, vegetables and/or flowers. (Ord. 1685 § 1 (Exh. A (part)), 2019: Ord. 1355 § 1 Exh. A (part), 2009: Ord. 1329 § 1 (part), 2008).
17.25.030 Single-family residential.
A. All development applications containing a residential component of five or more units and/or lots, including, but not limited to, single-family, multiple-family subdivisions, binding site plans, mixed-use building and site plans, or other development which includes residential units, shall provide recreational space as set forth in this chapter.
B. General. Single-family residential recreation space shall be provided as follows:
1. At least five percent of the total net area of any proposed single-family residential subdivision, binding site plan, site plan or other development which includes single-family residential units shall provide for active park space, passive park space, and/or trails by means of on-site parks, a fee in lieu, or a combination as described below. The fee in lieu shall represent the appraised value of dedicated land and construction of the park. Critical areas and their buffers shall not be included in the required calculations, unless utilized in conjunction with a trail system pursuant to NBMC Title 14, Environmental Protection, and as approved by the director.
2. An applicant may choose to satisfy all or any portion of the required recreation and common open space requirements on site, subject to the minimum requirements as described below. Any such park in excess of two and one-half acres in size shall be dedicated and conveyed to the city of North Bend at the discretion of the city council in consideration of whether the park benefits the broader community (by way of providing sports courts or other facilities that contribute to the city’s park level of service standards, available parking, access to a public trail system that connects out of the neighborhood, or other such amenities found to be in the public interest). Should the city council not wish to accept any park over two and one-half acres in size under such consideration, it shall be owned and maintained by the applicable homeowners’ association.
3. All single-family residential recreational space shall be located adjacent to a public street.
4. Single-family residential recreation space shall not include at-grade stormwater features except as necessary to account for stormwater generated within the recreation space itself (such as for pathways and sports courts). Stormwater features for the remainder of the development as a whole shall be located outside of recreation spaces.
5. Single-family residential recreation space shall not include depressions excavated for compensatory floodplain storage volume to balance for fill or encroachments provided in the remainder of the site.
C. Size and Ratio Requirements. Based on development size and/or number of units/lots.
1. For each single-family residential subdivision, binding site plan, site plan, or other development application containing 24 units or fewer, the applicant shall provide recreation space in the form of a fee in lieu of dedication of park land and park infrastructure costs, as set forth in NBMC 17.25.080.
2. Each single-family residential subdivision, binding site plan, site plan, or other development that includes single-family residential units containing between 25 and 80 residential units shall provide and construct a minimum of one on-site mini-park at least one-quarter acre in size, to be owned and maintained by the applicable homeowners’ association. Any remaining residential recreation space required shall be satisfied by payment in the form of a fee in lieu as set forth in NBMC 17.25.080.
3. Each single-family residential subdivision, binding site plan, site plan, or other development that includes single-family residential units containing between 81 and 120 units shall provide the required recreation space as follows:
a. Provide and construct two on-site mini-parks, each at least one-quarter acre in size, to be owned and maintained by the applicable homeowners’ association. Any remaining residential recreation space required shall be satisfied by payment in the form of a fee in lieu as set forth in NBMC 17.25.080; or
b. Provide and construct one larger consolidated on-site park of not less than one-half acre, to be owned and maintained by the applicable homeowners’ association. Any remaining residential recreation space required shall be satisfied by payment in the form of a fee in lieu as set forth in NBMC 17.25.080.
4. Each single-family residential subdivision, binding site plan, site plan, or other development that includes single-family residential units containing between 121 and 200 units shall provide the required recreation space as follows:
a. Provide and construct three on-site mini-parks, each at least one-quarter acre in size, to be owned and maintained by the applicable homeowners’ association. Any remaining residential recreation space required shall be satisfied by payment in the form of a fee in lieu as set forth in NBMC 17.25.080; or
b. Provide and construct one larger consolidated on-site park of not less than one acre, to be owned and maintained by the applicable homeowners’ association. Any remaining residential recreation space required shall be satisfied by payment in the form of a fee in lieu as set forth in NBMC 17.25.080; or
c. Other combination of on-site park area of not less than one acre to be approved by the city of North Bend. In no case shall a park area be less than one-quarter acre in size unless otherwise approved by the city.
5. Each single-family residential subdivision, binding site plan, site plan, or other development that includes single-family residential units containing more than 200 residential units shall provide the required recreation space as follows:
a. Provide and construct one on-site larger consolidated park of not less than two and one-half acres, to be dedicated and conveyed to the city of North Bend at the discretion of the city council if consistent with criteria in subsection (B)(2) of this section. Should the city council not wish to accept any park over two and one-half acres in size under such consideration, it shall be owned and maintained by the applicable homeowners’ association. Any remaining residential recreation space required shall be satisfied by payment in the form of a fee in lieu as set forth in NBMC 17.25.080; or
b. Other combination of on-site park area of not less than two and one-half acres to be approved by the city of North Bend. (Ord. 1685 § 1 (Exh. A (part)), 2019: Ord. 1355 § 1 Exh. A (part), 2009: Ord. 1329 § 1 (part), 2008).
17.25.040 Multiple-family structures, complexes, or developments.
In all zoning districts, any proposed multiple-family structure, complex, or development of five or more units shall provide a minimum of 200 square feet per unit of recreational space on site for the use of the occupants, subject to the following requirements:
A. The front, side, and rear yard setback area required by the applicable zoning district shall not qualify as recreational space;
B. The required recreational space may be dispersed in multiple locations throughout the multifamily complex or development, but no required recreational space shall be less than 800 square feet in size;
C. No more than 50 percent of the total required recreational space may be indoor or covered space;
D. No more than 50 percent of the total required recreational space may be used for any single purpose such as swimming pools, tennis courts, or similar facilities;
E. No more than 50 percent of the uncovered recreational space requirement may be located on slopes greater than four horizontal units to one vertical unit (4:1) slope;
F. To the extent feasible, all multifamily residential recreational space shall be centrally located within the development; and
G. The required recreational space shall be usable for recreation by the residents and shall not be occupied by at-grade stormwater features or aboveground utilities, floodplain fill compensatory storage areas, or other facilities that would diminish its utility for recreation purposes. (Ord. 1685 § 1 (Exh. A (part)), 2019: Ord. 1355 § 1 Exh. A (part), 2009: Ord. 1329 § 1 (part), 2008).
17.25.050 Mixed-use building with residential component.
Any residential unit within a mixed-use building or development shall provide common open space as follows:
A. A minimum of 150 square feet of common open space per residential unit, incorporated into a pedestrian plaza visible from the public street. Pedestrian plazas shall meet the requirements set forth in Chapter 18.34 NBMC, Design Standards and Guidelines.
B. A minimum of 200 square feet of common open space per residential unit, for projects that do not incorporate the common open space into a pedestrian plaza.
C. Mixed-use buildings shall meet the criteria of NBMC 17.25.040(A) through (G) for multiple-family structures as provided above.
D. On-site common open space shall not be required for existing commercial or mixed-use buildings which add residential dwellings within the existing footprint of the building. (Ord. 1685 § 1 (Exh. A (part)), 2019: Ord. 1355 § 1 Exh. A (part), 2009: Ord. 1329 § 1 (part), 2008).
17.25.060 Minimum park features, play equipment, and infrastructure.
A. Mini-Parks. A mini-park is characterized by its relatively small size (one-quarter acre to one-half acre) and its specialized facilities that are designed to serve the neighborhood in which the park is located. Mini-parks often serve a specific segment of the population (i.e., tot lots or senior citizens). Mini-parks should be located adjacent to a public right-of-way and be highly visible from the public right-of-way. The exact facilities to be located will be determined during the design and platting process. Mini-parks shall contain active and passive recreational facilities such as those depicted in the diagrams and list below:
1. Children’s play equipment;
2. Picnic areas and/or tables;
3. Benches;
4. Pea patch/other specialized community garden.
B. Larger Consolidated Parks. Larger consolidated parks of two and one-half acres or more are typically characterized by recreational activities for each member of the family, such as field games, court games, crafts areas, playground apparatus, picnicking, and space for quiet/passive activities. Neighborhood parks shall contain active recreational facilities such as softball, basketball, volleyball, handball, tennis, children’s play structures, and picnic facilities. The exact facilities to be located will be determined during the design and platting process. The following picture is an example of these larger consolidated parks features:
C. All parks and recreation areas shall contain the following features:
1. Garbage and recycling bins; and
2. Benches; and
3. Lighting. Lighting is not required; however, any proposed lighting shall be at a neighborhood scale, energy efficient, and full cutoff light fixtures; and
4. ADA Compliance. All parks shall provide compliance with applicable requirements of the Americans with Disabilities Act. (Ord. 1685 § 1 (Exh. A (part)), 2019: Ord. 1355 § 1 Exh. A (part), 2009: Ord. 1329 § 1 (part), 2008).
17.25.065 Trails.
A. Trail Provision Requirements. The following provisions apply to any single-family, cottage or multifamily residential development of five or more units. These trail provision requirements may not be provided via a fee-in-lieu per NBMC 17.25.080.
1. Trail Access Connections. Where any residential development of five or more units abuts a public trail corridor, access connections shall be provided from streets within the development to the public trail corridor. The number of access connections provided shall be proportional to the size of the development. Shared access connections are encouraged at parcel boundaries between developments. The area of the access connection shall be owned and maintained by the applicable homeowners’ association or management company. The trail within the access connection shall be constructed per the trail construction standards below.
2. Trail Corridor Extensions. Residential developments of five or more units that contain future trail corridors as identified on the trail plan map of the parks element of the comprehensive plan shall provide trail extensions across or through the development in approximate alignment with that shown on the trail plan map, or per an alternative alignment as approved by the community and economic development director. The area of the trail extension may count toward the recreational space requirement for the development, and shall be dedicated and conveyed in a tract to the city of North Bend, or an easement granted to the city for public access along the trail. Should the provision and dedication of the trail corridor use more recreational space land than what is required by this chapter and thereby create a situation that could require nonconforming lot sizes, the area of the trail corridor tract adjacent to such lots may be used for calculating the minimum lot size of those lots.
B. Trail Construction Standards. Trails provided for access connections or trail corridor extensions per subsection A of this section shall be constructed in accordance with the following standards:
1. The trail shall be a minimum of eight feet in width and shall be provided with a corridor a minimum of 12 feet in width maintained clear of brush, debris or other visual obstructions, with exceptions for significant trees and with exceptions for other existing obstructions per the discretion of the community and economic development director. Within major trail corridors including but not limited to: the Tanner Trail, trails along Bendigo Boulevard and SW Ribary Way, and trails along levees of the Middle Fork and South Fork Snoqualmie Rivers, the trail shall be a minimum of 10 feet in width. The trail and corridor may be reduced where particular site constraints make this necessary, as approved by the community and economic development director.
2. The trail surface shall be constructed of crushed rock at a minimum of six inches in depth. Soft-surface materials (hog fuel) may be utilized in place of crushed rock as approved by the community and economic development director, depending on the site and trail characteristics and anticipated trail usage. Trails may be paved at the discretion of the developer. Within the Tanner Trail corridor, the trail shall be paved per the trail requirements provided within the North Bend public works standards.
3. Any trails constructed within critical areas or their buffers shall be constructed in conformance to the requirements of the applicable critical area regulations.
4. The Tanner Trail shall include pedestrian-scaled full cutoff lighting to provide for enhanced pedestrian visibility and safety. Lighting fixtures and specs shall be as provided per the North Bend public works standards or as otherwise approved by the city. (Ord. 1685 § 1 (Exh. A (part)), 2019: Ord. 1355 § 1 Exh. A (part), 2009).
17.25.070 Sustainability – Design and construction methods and materials.
A park is a place to play, relax, explore and socialize. Parks act as a connection between our human environment and the natural environment. Parks can also educate though sustainable design and construction methods. Park design and construction should build connections with the natural environment. Design and construction of parks should incorporate such sustainable techniques as detailed below:
A. All parks and recreation areas should to the extent feasible incorporate the following minimum sustainable techniques:
1. Preserve and incorporate existing natural areas and native vegetation into park site planning; and
2. Reduce impervious cover; and
3. Use native drought-tolerant plants; and
4. Use organic mulch to retain water and suppress weeds.
B. The city highly encourages the use of the following sustainable techniques:
1. Use recycled materials and FSC (Forest Stewardship Council) certified wood; and
2. Pervious pavers or pervious pavement; and
3. Rain gardens to address stormwater generated by park features. (Ord. 1685 § 1 (Exh. A (part)), 2019: Ord. 1355 § 1 Exh. A (part), 2009: Ord. 1329 § 1 (part), 2008).
17.25.080 Fee in lieu of provisions.
A. When land is dedicated for recreational space requirements, the developer is required to construct the park and install the facilities (e.g., play equipment, walkways, trails, benches, and other improvements) as approved by the city with the preliminary plat.
B. When a fee in lieu of dedication of land and park improvement is proposed or required for recreational space requirements, the fee shall be computed on a square-foot unit cost basis, by any licensed appraiser with an MAI designation, or other appraiser acceptable to the city. By summary appraisal report, or other form of report acceptable to the city, the appraiser shall appraise the value of the total undeveloped land within the proposed development and calculate the fee based on the total square footage otherwise required to be developed as parks and/or trails. An additional charge equal to 20 percent of the required fee in lieu of dedication shall also be paid for the required park improvements, such as play equipment, walkways, trails, benches, and other park improvements. The required appraisal report must be provided to the city prior to engineering plan approval of the associated development applications. The fee in lieu shall be paid prior to final plat, site plan or binding site plan or other applicable final permit. (Ord. 1685 § 1 (Exh. A (part)), 2019: Ord. 1355 § 1 Exh. A (part), 2009: Ord. 1329 § 1 (part), 2008).
17.25.090 Review process.
The recreation and common open space plan shall be reviewed and approved in conjunction with the associated preliminary subdivision, binding site plan, or site plan application, whichever is applicable. The North Bend park board shall review the plan and provide a recommendation to the deciding body of the associated application. Final design and approval of the recreation or common open space area shall be in conjunction with the final engineering plan approval. (Ord. 1685 § 1 (Exh. A (part)), 2019: Ord. 1355 § 1 Exh. A (part), 2009: Ord. 1329 § 1 (part), 2008).