19.19.06 Payment in Lieu of Open Space Program

1. Applicability: the City’s Payment in Lieu of Open Space Program may be utilized for all or a portion of the requirement for developments that meet one or more of the following criteria: a. any single-family development where a minimum of 75 percent of the lots are 10,000 square feet or larger, or b. any single-family development with a park requirement of less than one acre, or c. any development in the MW zone where such fee will aid in the creation of large clustered open spaces near the waterfront, or d. that portion of a development that is located within ¼ mile of an existing improved regional public park. 2. Arrangements and Handling of Payment. a. The developer shall pay as a Payment-in-Lieu the amount of money equivalent to the land value in subsection 2.b below, plus the cost of open space improvements identified in subsection 2.c below. b. The City shall maintain an annually updated list of land values for the cost of a non-sensitive developable acre, and apply the land value to the required Equivalent Acres for which the applicant desires to pay a fee in lieu. c. The City shall calculate the minimum required points per this chapter, and multiply the points by $2,000 to determine the cost of the minimum required open space improvements, including landscaping, parks, trails, and other amenities. d. Upon receipt of the payment, the City shall deposit those funds in an account that has been established for the purchase of park lands, the construction of parks and recreation improvements, or for upgrading or repairing existing park facilities. The City may expend the Payment in Lieu of Open Space funds at its discretion so long as they are only used for the purchase of parks, construction of parks and recreation improvements, or for upgrading or repairing existing parks facilities. e. The City and developer may also agree to make other arrangements for the Payment in Lieu of Open Space if acceptable terms can be reached, but in no case shall the value of the Payment be less than the expected appraised value, estimated cost of open space improvements, and estimated water costs as described herein. 3. Voluntary Participation. a. This program is completely voluntary and developers who participate in it shall do so on a voluntary basis only. Written development agreements shall contain a description of the terms of this program. b. This program is also voluntary for the City and approval of all payments in lieu of open space are made at the sole discretion of the City Council. No entitlements are granted by virtue of this Chapter and all proposals to participate in this program are subject to the total and complete review and discretion of the City Council. 19.19.07. Phasing. 1. If the construction of various portions of the project is proposed to occur in stages, then the following standards shall be met. a. A Phasing Plan, including size and order of each phase and schedule of improvements to be installed, shall be approved by the Land Use Authority. b. Open Space improvements shall be installed with a value or acreage in proportion to the acreage developed with any given phase. The Developer may install open space in excess of the proportionate amount for each phase and bank open space credits towards later phases; however the open space installed must be a part of the open space shown in the Phasing Plan. c. A perpetual instrument running with the land shall be recorded against the entire project prior to or concurrently with the recordation of the first plat, that includes the standards, location, funding mechanism, values, and timing for all open space, recreational facilities, amenities, open space easements, and other improvements. An open space plat, conservation easement, development agreement, or other perpetual instrument may qualify as determined by the City Attorney.