Chapter 17.30
PARKS AND OPEN SPACE
Sections:
17.30.010 Parks and open space.
17.30.010 Parks and open space.
(a) Review by Parks Board. The Platte County parks and recreation board, hereinafter called the parks and recreation board, shall, after review of master plans, preliminary plans and plats on a case-by-case basis, make recommendations to the local jurisdiction concerning the adequacy of provisions for parks.
The parks and recreation board shall consider the following criteria prior to making recommendations to the local jurisdictions and shall determine:
(1) That adequate provisions for recreational opportunities to serve the development with due consideration of the development’s size and density levels are met.
(2) The areas set aside for parks, recreation and open areas are in compliance with local and regional land use plans and are compatible with the local and regional recreation plans.
(3) The protection of natural and historical features, scenic vistas, watersheds, plant and animal life have been considered.
(b) Land Dedication or Fees. Dedication of land or fees in lieu thereof shall be made for park, recreation and open space needs in developments. This dedication, or payment of fees in lieu thereof, shall be made in consideration not only of land areas concerned but also in light of population densities to be encountered in the proposed development.
(1) Dedication Standards. Dedication of land for park, recreation and open space purposes shall be based on the following standards. These dedication standards shall apply only to potential increases in land use:
|
Dwelling units per acre* |
Minimum percentage to be dedicated for public parks, recreation and open space |
|---|---|
|
Less than 1 |
1.0 |
|
1 to 3.99 |
3.0 |
|
4 to 5.99 |
6.0 |
|
6 to 7.99 |
9.0 |
|
8 to 9.99 |
10.0 |
|
10 to 11.99 |
11.5 |
|
12 to 14.99 |
12.5 |
|
15 to 19.99 |
14.5 |
|
20 to 29.99 |
17.5 |
|
30 to 39.99 |
20.5 |
|
40 to 49.99 |
23.5 |
|
Greater than 50 |
25.0 |
* Gross acres means the total area, in acres, included in the perimeter of a proposed development.
(2) Fees in Lieu of Land. When, after recommendation of the parks and recreation board, dedication of all or portions of the required park, recreation and open space is deemed not feasible nor in the public interest, the park board shall recommend that the petitioner, in lieu of dedication, pay a fee to the town.
The fee shall be equal to the value of the land that would otherwise have been dedicated, based on the following prices per acre for the corresponding platting year.
|
Calendar Year |
Fee |
|---|---|
|
1976 |
$4,326 |
|
1977 |
4,499 |
|
1978 |
4,679 |
|
1979 |
4,866 |
|
1980 |
5,061 |
|
1981 |
5,263 |
|
1982 |
5,474 |
|
1983 |
5,693 |
|
1984 |
5,921 |
|
1985 |
6,158 |
|
Thereafter increase 4% each year |
|
(3) Density of Development. If the density of a proposed multifamily development within the subdivision cannot be determined at time of platting, then the requirements for such development shall be required when the site plan of development is considered by the planning commission.
(4) Procedure. The procedure for determining whether the petitioner is to dedicate land, pay a fee, or a combination, shall be as follows:
a. At the time of filing a preliminary plan for approval, the petitioner or his representative shall, as a part of the filing, designate the general area or areas he proposes for use as recreation or open space and shall indicate the number of acres for such purposes and the population density and the number and location of dwelling units in the development.
b. At the time of preliminary plan approval, the planning commission shall, with consideration of the park and recreation board recommendations, and after considering a plot plan of the proposed development, determine whether or not to require dedication of land, payment of a fee in lieu thereof, or a combination of both, and shall recommend this to council.
c. If dedication is required, the petitioner shall provide a deed to the property in favor of the town and a release of all encumbrances on the area covered by such deed, concurrent with the filing of the final plat.
d. Fees in lieu of land shall be paid concomitant with the filing of the final plat. Fees shall be held by the town for the future recreation facilities or park land acquisition expenses only.
(5) Credit for Private Open Space. Where provisions are made for private recreation and open space in a proposed development, and provisions are made that such areas will be maintained by the future residents of the development or other entities, such areas may be credited, in whole or in part, against the required dedication of land or fees in lieu thereof, if after proper review and consideration the park board finds it in the public interest to do so and the following standards are met:
a. The landowner must provide for and establish an organization for the maintenance of any recreation and open space, or other provisions for the maintenance of such space shall be made.
b. The proposed private recreation and open space shall be in an area suited for adequate development and use as recreation and open space.
c. The use of the private recreation and open space must be restricted for such uses, with recorded covenants which run with the land in favor of the future owners and residents of property within the development which cannot be defeated or eliminated without the approval of the town. [Ord. 419 Ch. 5 § 7, 1976. 1996 Code § 7-104.]