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PARK AND OPEN SPACE DEDICATION
Sections:
14.16.010 Scope and application.
14.16.020 Park standards.
14.16.030 Regional parks provided.
14.16.040 Calculation of land dedication requirements for
park and open space.
14.16.050 Criteria for land eligible for park and open space
use.
14.16.060 Criteria for land not eligible for park and open
space use.
14.16.070 Procedure/fee determination.
14.16.080 Site development standards-General.
14.16.090 Interpretations and appeal.
14.16.010 Scope and application.
Each development containing residential land uses shall dedicate to the city,
park sites and open space areas in accordance with the provisions of this title.
At the discretion of the Director of Community Resources, fees in lieu of dedications
shall be levied as set forth herein. The Director shall use the park element
of the Comprehensive Plan as a guide for determining park and recreation needs
in proximity to the proposed development area. The park and open space requirements
discussed herein shall be reasonably related to the needs of the residents of
the proposed development. Official Development Plans that have been approved
by the Planning Commission prior to the date of enactment of the ordinance codified
in this chapter are not affected by the provisions herein. (Ord. O-89-3 §
5 (part), 1989: Ord. O-83-137 § 1 (part), 1983).
14.16.020 Park standards.
For purposes of this title, the city's park standards shall be a minimum of
ten and five-tenths acres of park area per one thousand anticipated population
within the proposed development. This standard of ten and five-tenths acres
per one thousand population is composed of the following elements:
A. Five acres per one thousand population for regional parks;
B. Three acres per one thousand population for community parks;
C. Two and five-tenths acres per one thousand population for neighborhood parks.
(Ord. O-83-137 § 1 (part), 1983).
14.16.030 Regional parks provided.
The City Council determines, as of the time of adoption of the ordinance codified
in this chapter, that the regional park needs of the residents of the City are
satisfied by the two thousand three hundred acre Bear Creek Lake Park, the one
thousand six hundred fifty-five acres William Frederick Hayden Park, Jefferson
County Parks, and State of Colorado parks to the west and south of the City.
Therefore, a residential development shall not be obligated to dedicate land
for regional park purposes in the City so that the operating standard for dedication
of parklands shall be five and five-tenths acres of parkland for community parks
and neighborhood parks per one thousand population.(Ord. O-2004-30 §1,
2004; Ord. O-83-137 § 1 (part), 1983).
14.16.040 Calculation of land dedication requirements
for park and open space.
A. Parkland Standard. All residential developers shall provide a minimum of
five and five-tenths acres of park area per one thousand anticipated population
or cash in lieu thereof.
B. Population Standard. For purpose of these calculations, the anticipated population
of each residential dwelling unit shall be two and five-tenths persons per dwelling
unit.
C. Example Calculation.
Proposed development size: 10 acres
Proposed density: 10 units/acre
Park and open space acreage required:
10 development acres x 10 units x 2.5 people x 5.5 acres park = 1.375 acres
of parkland required.
Acre unit 1,000 people
D. Dwelling Unit Changes. If an area is replatted prior to construction of
the development, and the number of anticipated dwelling units increases or decreases
by more than ten percent, the developer shall be required to adjust either the
amount of parkland dedicated consonant with the aforementioned provisions and
formula, or the amount of cash in lieu thereof to provide for the change in
units.
E. If there is a land dedication requirement for school site development, that
dedication may partially fulfill the city's park dedication requirements when
the parkland to be dedicated is contiguous to the school site. Only the school
land devoted to usable play area may be counted toward the city's park dedication
requirement.
F. All or a portion of the park dedication requirement may remain in private
ownership for private use of that development at the discretion of the Director
of Community Resources. The land area, which may remain in private ownership,
must:
1. Not exceed an average slope of 4:1; and
2. Be privately maintained. (Ord. O-89-3 § 5 (part), 1989; Ord. O-83-137
§ 1 (part), 1983).
14.16.050 Criteria for land eligible for park and open
space use.
The following criteria will normally apply in determining what type and nature
of land will meet the requirement for dedication:
A. Land that is accessible from two separate locations by standard maintenance
vehicles, or from one location with a minimum fifty foot frontage;
B. Land or water bodies contiguous to other acceptable parkland;
C. Usable land within the one-hundred-year floodway fringe which would not be
inundated in a five-year storm;
D. Special areas of natural, historical, or cultural significance.
The Director of Community Resources will develop criteria to further define
usable land. (Ord. O-89-3 § 5 (part), 1989; Ord. O-83-137 § 1 (part),
1983).
14.16.060 Criteria for land not eligible for park and
open space use.
The following criteria will normally apply in determining what type and nature
of land will not meet the requirement for dedication:
A. Land required by Article 15 of the zoning regulations for private open space;
B. Land used to fulfill requirements of the city's storm drainage ordinances,
such as detention ponds, retention ponds or drainageways;
C. Rights-of-way and/or easements of irrigation ditches, laterals and aqueducts,
power lines, pipelines or other public or private utilities without the written
permission of the right-of-way owner;
D. Hazardous geological land area, mineral extraction areas, and hazardous wildfire
areas;
E. Steep sloped or rugged land area;
F. Swamps or boggy lands. (Ord O-83-137 § 1 (part), 1983).
14.16.070 Procedure/fee determination.
A. All land and/or fee requirements in lieu of land for subdivisions and other
residential development shall be met at the time of platting. A letter of credit,
not to exceed one year in length, may be substituted for the fee requirement
at the time of platting.
B. If the Director of Community Resources determines that a land dedication
in accordance with this chapter would not serve the public interest, the Director
of Community Resources may require payment of a fee in lieu of the dedication
or may require dedication of a smaller amount of land than would otherwise be
required, and payment of a fee in lieu of the portion not dedicated. The amount
of the fee shall be the fair market value of the land which would otherwise
be dedicated; however, the total fee shall not exceed an amount equal to seven
hundred dollars per unit.
C. In the event that a fair market value cannot be determined by mutual agreement
between the Director of Community Resources and the developer, the fair market
value of the zoned, unplatted, and unimproved land shall be determined by an
independent party, being a qualified appraiser who shall be mutually agreed
upon by the Director of Community Resources and the developer. The independent
party shall be a Member of the Appraisal Institute (MAI) or the Society of Real
Estate Appraisers (SRA). The developer and the city shall each pay one-half
the cost of the appraisal.
D. Fees in lieu of a land donation shall normally be required when the dedication
formula would result in parkland of three acres or less.
E.Fees shall be payable to the City of Lakewood and shall be designated for
the acquisition and/or development of park and open space land in the same Planning
District as shown in Concept Lakewood. (Ord. O-2004-30 § 2, 2004; Ord.
O-89-3 § 5 (part), 1989; Ord. O-83-137 § 1 (part), 1983).
14.16.080 Site development standards-General.
A. Land that has been platted as public park and open space, or otherwise dedicated
to the city, shall not be used in the development process of adjoining lands,
except as stated in subsections (B), (C) and (D) of this section, and/or as
reflected in an approved subdivision grading plan.
B. The developer shall be responsible for the installation of public improvements
adjacent to the park site including, but not limited to, curb and gutters, streets,
storm drainage facilities, and bridges made necessary by the development. Said
public improvements will normally be limited to two hundred ten linear feet
per acre of parkland. This does not include park development or tap fees unless
such improvements are part of the Public Improvements Agreement.
C. All slopes shall be stabilized in accordance with acceptable engineering
standards to prevent public endangerment, and for ease of maintenance. The maximum
slope shall normally not exceed 4:1 or other slope treatment will be required.
D. Sites shall be made easily accessible to city maintenance equipment. (Ord.
O-83-137 § 1 (part), 1983).
14.16.090 Interpretations and appeal.
Interpretations of the requirements set forth in this chapter shall be made
by the Director of Community Resources. Appeals of any such interpretations
shall be made directly to the Planning Commission. (Ord. O-89-3 § 5 (part),
1989: Ord. O-83-137 § 1 (part), 1983).
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