14-4-9 PUBLIC USES

1. PARKS, PLAYGROUNDS, AND RECREATION AREAS. a. RECREATION STANDARDS. The Planning and Zoning Commission shall require that land be reserved for parks and playgrounds or other recreation purposes in locations designated on the General Plan or otherwise where such reservations would be appropriate. Each reservation shall be of suitable size, dimension, topography, and general character and shall have adequate road access, for the particular purposes envisioned by the Planning and Zoning Commission. The area shall be shown and marked on the plat, "Reserved for Park and/or Recreation Purposes." When recreation areas are required, the Planning and Zoning Commission shall determine the number of acres to be reserved as shown in Table 3, which has been prepared on the basis of providing three (3) acres of recreation area for every one hundred (100) dwelling units. The Planning and Zoning Commission may refer such proposed reservations to the City official or department in charge of parks and recreation for recommendation. The developer shall dedicate all such recreation areas to the City as a condition of final subdivision plat approval. 1. MULTIFAMILY AND HIGH-DENSITY RESIDENTIAL. The Planning and Zoning Commission shall determine the acreage for reservation based on the number of dwelling units per acre to occupy the site as permitted by the Zoning Ordinance TABLE 3. TABLE OF RECREATION REQUIREMENTS Size of Single-Family Lots Percentage of Total Land in Subdivision to be Reserved for Recreation Purposes 80,000 & greater S.F. 1.5 per cent 50,000 S.F. 2.5 per cent 40,000 S.F. 3.0 per cent 35,000 S.F. 3.5 per cent 25,000 S.F 5.0 per cent 15,000 S.F. or less 8.0 per cent b. TOTAL LAND AREA. The reservation of park and recreation lands requirement shall only apply to developments having a total land area of at least 4 acres. c. MINIMUM SIZE OF PARK AND PLAYGROUND RESERVATIONS. In general, land reserved for recreation purposes shall have an area of at least four (4) acres. When the percentages from the table above would create less than four (4) acres, the Commission may require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than two (2) acres be reserved for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area. Where recreation land in any subdivision is not reserved, or the land reserved is less than the percentage in Section 14-4-9 (1)(a) the provisions of Section 14-49(1)(e) shall be applicable. d. RECREATION SITES. Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, play field, or for other recreation purposes, and shall be relatively level and dry; and shall be improved by the developer to the standards required by the Planning and Zoning Commission, which improvements shall be included in the performance bond. A recreation site shall have a total frontage on one (1) or more streets of at least two hundred (200) feet, and no other dimension of the site shall be less than two hundred (200) feet in depth. The Planning and Zoning Commission may refer any subdivision proposed to contain a dedicated park to the City official or department in charge of parks and recreation for a recommendation. All land to be reserved for dedication to the local government for park purposes shall have prior approval of the City Council and shall be shown marked on the plat "Reserved for Park and/or Recreational Purposes." e. ALTERNATIVE PROCEDURE: MONEY IN LIEU OF LAND. Where, with respect to a particular subdivision, the reservation of land required pursuant to this section does not equal the percentage of total land required to be reserved in Section 14-4-9 (1)(a), the Planning and Zoning Commission shall require, prior to final approval of the subdivision plat, that the applicant deposit with City Council a cash payment in lieu of land reservation. Such deposit shall be placed in a Neighborhood Park and Recreation Improvement Fund to be established by the City Council. Such deposit shall be used by the City for improvement of a neighborhood park, playground, or recreation area including the acquisition of property. Such deposit must be used for facilities that will be actually available to and benefit the persons in said subdivision and be located in the general neighborhood of subdivision. The Planning and Zoning Commission shall determine the amount to be deposited, based on the formula outlined in the fee schedule. f. APPLICABILITY TO LAND UTILIZING AVERAGE DENSITY. Any subdivision plat in which the principle of average density of flexible zoning has been utilized shall not be exempt from the provisions of this section, except as to such portion of land which is actually dedicated to the City for park and recreation purposes. If no further area, other than the area to be reserved through averaging, is required by the Planning and Zoning Commission, the full fee shall be paid as required in Section 14-4-9 (1)(e). If further land is required for reservation, apart from that reserved by averaging, credit shall be given as provided by Section 14-4-9 (1)(e). g. OTHER RECREATION RESERVATIONS. The provisions of this section are minimum standards. None of the paragraphs above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section. OTHER PUBLIC USES. a. PLAT TO PROVIDE FOR PUBLIC USES. Except when an applicant utilized planned unit development or density zoning in which land is set aside by the developer as required by the provision of the Zoning Ordinance, whenever a tract to be subdivided includes a school, recreation uses (in excess of the requirements of Section 14-4-9(1), or other public use as indicated on the General Plan or any portion thereof, such space shall be suitably incorporated by the applicant into his concept plat. After proper determination of its necessity by the Planning and Zoning Commission and the appropriate land government official or other public agency involved in the acquisition and use of each such site and an determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats. b. REFERRAL TO PUBLIC BODY. The Planning and Zoning Commission shall refer the concept plat to the public body concerned with acquisition for its consideration and report. The Planning and Zoning Commission may propose alternate areas for such acquisition and shall allow the public body or agency 30 days for reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition. c. NOTICE OF PROPERTY OWNER. Upon a receipt of an affirmative report the Planning and Zoning Commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body. d. DURATION OF LAND RESERVATION. The acquisition of land reserved by a public agency on the final plat shall be initiated within 12 months of notification, in writing, from the owner that he intends to develop the land. Such letter of intent shall be accompanied by a concept plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed twelve (12) months shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for development in accordance with these regulations.