Division XI. – PARKS, OPEN SPACE AND RECREATION LAND
Sections:
16.120.010 Purpose
16.120.020 Minimum standards for park, open space and recreation land
16.120.030 Dedication procedures
16.120.040 Cash in lieu of dedication of land
16.120.050 Review procedure
16.120.060 Partial credit for private park, open space and recreational facilities/areas:
16.120.070 Minimum standards for open space
16.120.090 Preservation and maintenance
The availability of park, open space, and recreation land is an important element in determining the character of a developing neighboring city to the metropolitan area, such as City of Canby. Land which substitutes trees, grass, and vegetation for structures, paving, and other urban features provides not only an aesthetically pleasing landscape with striking views of Mt. Hood, but also buffers incompatible uses, and preserves sensitive environmental features and important resources. Parks, open space, natural parks and trail recreation lands, together with support facilities, also help to meet the active and passive recreational needs of the population of Canby; therefore, concurrent development of support facilities is equally important. This chapter implements policies of Goal 8 of the Comprehensive Plan, the Park and Recreation Master Plan, and Park and Open Space Acquisition Plan by outlining provisions for parks, open space and recreational facilities in the City of Canby.
A. Parkland Dedication: All new residential, commercial and industrial developments shall be required to provide park, open space and recreation sites to serve existing and future residents and employees of those developments. Multi-family developments which provide some “congregate” services and/or facilities, such as group transportation, dining halls, emergency monitoring systems, etc., but which have individual dwelling units rather than sleeping quarters only, are considered to be multi-family developments for the purpose of parkland dedication. Licensed adult congregate living facilities, nursing homes, and all other similar facilities which provide their clients with individual beds and sleeping quarters, but in which all other care and service are communal and provided by facility employees, are specifically exempt from park land dedication and system development fee requirements.
1. The required parkland shall be dedicated as a condition of approval for:
a. Approval of a tentative plat of a subdivision or partition.
b. Approval of site and design review for all development but single-family and duplex development.
c. The replat or amendment of any site plan for multi-family development or manufactured home park where dedication has not previously been made or where the density of the development involved will be increased.
2. The City shall require land dedication or payment of the system development charge (SDC) in lieu of land dedication (Section 4.20.170). In addition, the City may credit private on-site park, open space and recreation area(s) and facilities (Section 16.120.060). The City may approve any combination of these elements. Prior to parkland dedication, a Level I Environmental Assessment of the lands proposed for dedication shall be performed by the applicant as part of the site plan approval for the project.
The following factors shall be utilized in the City’s choice of whether to accept land or cash in lieu:
1. The topography, geology, public streets access to, parcel size, shape, and location of land in the development available for dedication;
2. Relationship of site to surrounding land uses and the surrounding transportation system;
3. Potential adverse/beneficial effects on environmentally sensitive areas;
4. Compatibility with the Park and Recreation Master Plan and Park and Open Space Acquisition Plan, Public Facilities element of the Comprehensive Plan, Transportation System Plan and the City of Canby Parks Capital Improvement Plan in effect at the time of dedication;
5. Opportunity for preservation of natural and historical features, scenic viewpoints, watershed environments, and sections of land for wildlife habitat.
6. Connections with, and continuity of, open space links, trails, and other major components of the open space system for parks.
7. Availability of previously acquired property;
8. Opportunity for shared use with other community facilities;
9. Opportunity for future expansion of the site; and
10. The feasibility of dedication.
3. Calculation of a Land Required: The total requirement of park, open space and recreational land shall be 0.01 of an acre per person based on the City standard of 10 acres of land per 1,000 residents. This standard represents the land-to-population ratio the City of Canby requires for city parks, and may be adjusted periodically through amendments to the Parks and Recreation Master Plan.
a. Population Formula: The following table of persons per unit shall be used in calculating the required dedication of acres of land:
Table 1
Persons per Dwelling Unit
Persons per Dwelling Unit
Type of Unit | Total Persons Per Unit |
Single Family Residential | 2.7 |
Standard Multi-family Unit | 2.0 |
Manufactured dwelling park | 2.0 |
Congregate multi-family unit | 1.5 |
Persons per unit, age distribution, and local conditions change with time. The specific formula for the dedication of land will, therefore, be subject to periodic review and amendment.
b. Determination of Resident Population: The projected resident population of the land to be subdivided or developed is determined by multiplying the maximum number of units allowed by the plat or the site plan by the appropriate number of standard of persons per unit set forth in Table 1 above. This figure is then to be multiplied by 0.01 to determine the total acreage that must be dedicated or deeded to the City for park, open space or recreation
(Maximum units) x (persons/unit) x 0.01 (acreage to be dedicated)
When the final plat or site plan is approved, the developer shall dedicate the land as previously determined by the City in conjunction with approval of the tentative plat or site plan. Dedication of land in conjunction with multi-family development shall be required prior to issuance of permits and commencement of construction.
Dedication of land or covenants approved as part of a preliminary plat or site plan approval may be given or provided when the final plat is presented for approval. The developer must clear, or fill and grade all parkland to be dedicated to the satisfaction of the City and shall cause a Level I Environmental Assessment, as referenced by Section 16.120.020 Minimum standards for park, open space, and recreation land of this Code, to be performed on all lands to be dedicated as part of the City’s construction plan approval for the plat.
A. In addition to a formal dedication on the plat or site plan to be recorded, the subdivider shall convey the required lands to the City by general warranty deed. The developer of a multi-family development or manufactured home park shall deed the lands required to be dedicated by a general warranty deed. In any of the above situations, the land so dedicated and deeded shall not be subject to any reservations of record, encumbrances of any kind or easement which, in the opinion of the Planning Director, will interfere with the use of the land for park, open space or recreational purposes.
If any questions exits as the presence of any reservation, encumbrances or easements, the subdivider or developer may be required to present to the City a title insurance policy on the subject property ensuring the marketable state of the title.
B. Where any reservation, encumbrances or easements exist, the City shall require payment in lieu of the dedication of lands (see Section 16.120.040 Cash in lieu of dedication below) unless the City chooses to accept the land subject to encumbrances.
C. If the developer does not own the property held subject to the land dedication the Planning Commission may, at its discretion, approve the grant of a long-term lease of land, which will satisfy the intent of the parkland dedication provisions set forth within this Code.
D. Trails that are to be dedicated that are within the floodway of a 100-year floodplain shall be credited no more than 25% of land dedication requirements. Trails that are to be dedicated that are not within the floodway, but are within the 100-year floodplain, or which are part of irrigation ditches or stormwater detention areas shall be credited no more than 50% of land dedication requirement. No other land dedicated in a floodplain shall receive any credit.
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