Wildwood City Zoning Code
SECTION 415
260 Public Space Requirements.
[R.O. 1997 § 415.260; Ord. No. 1263 § 2, 2-13-2006; Ord. No. 1324 App. A § 1003.164, 8-14-2006; Ord. No. 1350 § 1, 11-13-2006; Ord. No. 1707 § 1, 3-22-2010]
A.
Purpose And Legislative Findings.
1.
Land area maintained as public space, including public parks, is essential to address the congestion, aesthetic degradation, health concerns and the recreational and pedestrian needs of the residents, business patrons and employees attributable to new development in the City. New development in the City generates new residents, employees and customers who will need public space where they live, work and shop. Development in the City consumes land that could otherwise be used for public space and certain areas of the City that allow greater density and/or larger scale development authorize development that reduces traditional setbacks and corresponding private green space and does not include the typical subdivision common ground facilities or other substantial private open space and recreational facilities associated with typical suburban development. In addition, certain development within the City, such as in the City's Town Center area designated within the City's Comprehensive Plan ("Town Center"), commercial development located within close proximity of dense residential areas and of a type that will create substantial pedestrian traffic with mixed public use needs that must be addressed to avoid congestion, accommodate impacts and address safety of pedestrians.
2.
Accordingly, development opportunities available within the City result in an increased need for public space due to the concentrated or increased population and uses and the elimination of the available land that would otherwise have contained private or public parks or open space. The public space requirements of this Section therefore are a condition of new development permitted densities and design and attempt to remediate the resulting loss of public space opportunities by requiring active and/or passive open space and recreational space be established as a condition of each development in a manner and extent roughly proportionate to the impact of the development. The City Council hereby adopts the foregoing factual determinations regarding impact and need and the proportionality, methodology and other determinations and conclusions set forth in this Chapter and in the City of Wildwood Public Space Study on file with the City Clerk and incorporated herein as legislative findings supporting this Chapter. Only if required by applicable law under the specific circumstances of the application shall the Council be required as part of the development approval to make an additional separate factual finding as to the impact and proportionality relating to new development in application of this Chapter.
B. COMMERCIAL PLAZA COMMUNITY PARK FOCAL FEATURE GROSS AREA OF THE NEW DEVELOPMENT MINI-PARK MULTI-USE TRAIL NEIGHBORHOOD PARK NEW COMMERCIAL, INSTITUTIONAL OR INDUSTRIAL BUILDINGS OR USES NEW DEVELOPMENT NEW RESIDENTIAL DWELLINGS AND USES PARKING SPACES PRIVATELY-OWNED COMMON AREA PUBLIC SPACE STREET SPACE TOWN CENTER URBAN CENTER PARK
Definitions. For purposes of this Section, the following definitions shall apply:
Improved space located adjacent or proximate to commercial uses, designed and improved consistent with the requirements of this Chapter, intended to provide facilities to address the needs of patrons and employees of such commercial uses.
A large park designed and improved consistent with the requirements of this Chapter, intended to provide active and passive recreational facilities, including, but not limited to, picnic pavilions and multiple athletic fields and courts.
A structure, item or area with important aesthetic, historic or cultural significance, including, but not limited to, statues, monuments, historical markers, decorative clocks or sundials, murals and other forms of public art and water fountains.
The total land area of the development site subject to zoning or subdivision plat approval authorizing the new residential dwellings or new commercial, institutional or industrial buildings or uses, less any separate lot or land area solely attributable to existing dwellings or commercial, institutional or industrial buildings that will be retained as part of the proposed authorized use of the site.
A small park designed and improved consistent with the requirements of this Chapter, intended to provide active recreational facilities such as, but not limited to, playgrounds for nearby residents.
A paved trail consistent with City specifications for multi-use trails connected to the trail network encompassing the City, unless otherwise noted in the site-specific ordinance or plat script as a different type of surface for other users, such equestrian enthusiasts or mountain bikers.
A small park designed and improved consistent with the requirements of this Chapter, intended to provide active recreational facilities including, but not limited to, playgrounds and small athletic courts or fields to surrounding residents.
Any additional or increased commercial, institutional or industrial construction or use activity attributable to the development. The term "commercial, institutional or industrial," unless otherwise required by law, shall include any non-residential use authorized by any "C," "NU," "R" or "M" zoning district classification within the City of Wildwood.
The total residential dwellings or total additional or increased commercial, institutional or industrial building construction or uses authorized by a zoning amendment, conditional use permit approval or amendment, or subdivision record plat approval or amendment after the effective date of this Section that authorizes the approved activity causing the additional public space needs. New development shall not be interpreted for the purposes of this Chapter to mean a one-time minor subdivision or lot split of a parcel of ground, as defined in the City of Wildwood's subdivision and development regulations (Section 420.110, Lot Split Procedure, or Section 420.130, Minor Subdivisions), when platted on a property designated "NU Non-Urban Residence District."
Total residential dwelling units authorized by the zoning change or subdivision record plat approval calculated at the maximum density and number permitted by such zoning or plat approval.
The number of parking spaces required by applicable City ordinance to be provided on site and off site to be attributed to the new commercial, institutional or industrial buildings or use approved or such different number as may be specifically authorized or provided on site and off site, whichever is greater.
Improved land subject to a recorded perpetual covenant ensuring that the improvements and public space are kept open and available to the applicable users of the development (including business patrons, employees, residents and visitors to the new development to which it is dedicated) without condition or fee and maintained with a private funding mechanism to ensure its continued viability.
Land dedicated and improved for public use to address the public space impacts of new development as required by this Chapter.
Improved separate areas within a road corridor in excess of street specifications, designed and improved consistent with the requirements of this Chapter.
The area(s) designated by the City's Master and Comprehensive Plans as the Town Center area.
A large park located in the Town Center, designed and improved consistent with the requirements of this Chapter.
C.
Minimum Public Space Required. Public space shall be provided as a condition of each new development within the City in conformance with this Chapter in the amounts as follows:
1.
New Residential Dwellings And Uses.
a.
Single-Family Dwellings. For new residential dwellings other than multi-family units [as provided for in Subsection (C)(1)(b)], an amount equal to one thousand seven hundred forty-two and four-tenths (1,742.4) square feet per new single-family dwelling [four (4) acres per one hundred (100) single-family dwelling units] shall be required.
b.
Multi-Family Dwellings. For all dwelling units located in a building or portion thereof designed for three (3) or more families, an amount equal to eight hundred twenty-eight (828) square feet per new multi-family dwelling [approximately one and nine-tenths (1.9) acres per one hundred (100) multi-family dwelling units] shall be required.
2.
New Commercial, Institutional Or Industrial Buildings Or Uses. Two hundred ninety and four-tenths (290.4) square feet per parking space [one (1) acre for every one hundred fifty (150) parking spaces].
D.
Qualifying Public Space. Only public space that meets the requirements of this Section as determined by the City Council shall be counted toward satisfaction of the public space requirement. Public space shall be segregated as a separately subdivided lot that contains no buildings, parking lots or streets (except parking lots, internal drives, historical buildings or other structures approved by the Departments of Public Works and Parks to be used by the public in connection with the public space) and contains no rights-of-way or permanent commercial, institutional or industrial business activity. Public space shall be platted and deeded by general warranty deed either:
1.
To the City for use by the public, or if approved by the City Council;
2.
Privately-Owned Common Area. The Council's decision to accept privately-owned common area as satisfying any portion of the public space requirements shall be based on evidence presented to the Council that such acceptance fully satisfies the purposes and requirements of this Chapter and fully addresses the impact of the development as established by the legislative findings. The location, design, ownership, type and required improvements of public space shall be determined by the City in accordance with the requirements of this Section. The following land within a development shall not qualify as public space:
a.
Individual site stormwater detention or retention areas and utility easements shall not constitute public space, unless wholly concealed underground and otherwise complying with this Chapter or as part of an approved retention/water feature, generally at least one-half (1/2) acre in size. Where the public space guidelines are otherwise satisfied, on-site or off-site land dedicated for regional stormwater detention (wet) facilities approved by the City may be used.
(1)
Implementation of best management practices for the control of stormwater runoff on new development sites, including rain gardens, swales and other features, shall be a creditable public space dedication, if accepted by the City Council. Additionally, the development of wildflower areas and prairie restoration zones may also be considered for credits to the public space requirements, if accepted by the City Council.
b.
Natural resource protected areas.
c.
Public street pavement areas and other land within the street width specification.
E.
Limitations On Qualifying Public Space. Dedications that may be counted toward the public space requirements are subject to each of the further following limitations:
Non-Urban Residential Area | Suburban Residential Area | Town Center Area | Industrial Area | |
|---|---|---|---|---|
Street Space | Up to 25% of the total required public space. This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City. | Up to twenty-five percent (25%) of the public space. | Up to twenty-five percent (25%) of the public space. | Up to twenty-five percent (25%) of the public space. |
Multiple Use Trailsi | Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible. Multi-use trail dedications are preferred in the non-urban residential areas of the City of Wildwood and shall constitute the new development's obligation for public space at these locations, unless abutting an existing public park holding, where land conveyance may be considered by the City Council, or where such a shortfall exists that another type of dedication is required | Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible. | Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible. | Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible |
Water Features | Up to twenty-five percent (25%) of the public space. This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City. | Up to twenty-five percent (25%) of the public space. | Up to twenty-five percent (25%) of the public space. | Up to twenty-five percent (25%) of the public space. |
Privately-Held Common Groundii | Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below. This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City. | Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below. | Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below. | Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below. |
Off-Site Dedication | Where appropriate, the land dedication may be approved adjacent to the development boundary or off-site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development. | Where appropriate, the land dedication may be approved adjacent to the development boundary or off-site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development. | Where appropriate, the land dedication may be approved adjacent to the development boundary or off-site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development. | Where appropriate, the land dedication may be approved adjacent to the development boundary or off-site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development. |
Public Art | This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City. | Up to one hundred percent (100%) of the public space and shall be based upon the City Council's accepted cost of such item compared to the existing fee in-lieu of charge for the area where it is to be installed (inside or outside the Town Center area boundary). | Up to one hundred percent (100%) of the public space and shall be based upon the City Council's accepted cost of such item compared to the existing fee in-lieu of charge for the area where it is to be installed (inside or outside the Town Center area boundary). |
i | Multi-use trails located in rights-of-way or locations of otherwise required sidewalks shall not satisfy any portion of required public space. |
ii | Multi-use trails within common area shall not count toward required public space, excepting in the City's non-urban residential areas. Qualifying privately-owned common area generally shall not include mere buffer strips or other areas of shape, size or topography that are not reasonably attributable, contiguous and compact to the area of the required improvements. Mini-parks and commercial plazas shall be privately-owned common area, unless otherwise approved by the City. |
F.
Public Space Location, Design And Types.
1.
Public space shall be located and implemented as identified in the City Master Plan, where applicable, or in other approved locations consistent with the applicable zoning regulations and park plans. The type of required public space and acceptability of any fee in lieu of public space dedication accepted by the City shall be dictated by the impact of the development as determined by its size, type, location and proximity of required amenities and as affected by proximity to existing public spaces. Such final determination by the City Council shall occur as a provision of the record plat approval, unless otherwise approved earlier by the Council, except as herein noted:
a.
Developments governed by a site-specific ordinance approved before February 13, 2006, by the City Council that are determined to be in "good standing" but lack an approved record plat shall not be required to provide public space dedications in accord with these requirements. For the purposes of this Section, "good standing" shall be interpreted to mean the following: no amendment to the site-specific ordinance is needed to facilitate the project's completion, the time line for submittal of the site development plan has not expired and the deadline for commencement of construction has not passed, if an approved site development plan herein exists.
b.
Developments located within the boundaries of the City's Town Center Area that were approved by a site-specific ordinance of the City Council prior to February 13, 2006, that included multiple buildings, along with the phasing of their improvements, are not required to provide additional public space dedications in accord with these regulations if an increase in parking spaces is authorized by the City Council as part of an amendment to the governing ordinance, unless commencement of construction has failed to begin at the time these revisions to Section 415.260, Public Space Requirements, of this Chapter herein referenced are adopted.
2.
Each area of land dedication, whether public or privately owned, shall be assigned a qualifying public space type from the chart and designated accordingly on the proposed plat or site plan. The City's approval of the location, design and type of the public space proposed as part of a new development shall be as reflected on a final site plan or record plat in accordance with this Chapter, including Exhibit 1, which is on file in the City Clerk's office, and the following additional specifications:[1]
[1]
Editor's Note: The Public Space Location, Design and Types chart is included as an attachment to this Chapter.
G.
Credit Dedication Of Improved Schools Land. The City may approve land dedicated for public space purposes adjacent to public schools to satisfy up to fifty percent (50%) of the required public space, provided that the required recreational facilities attributable to a neighborhood park are constructed or escrowed for by the developer and public access to such facilities acceptable to the City is provided for in the dedication.
H.
Public Space Improvements. Approved public space shall be improved as required by this Chapter and as approved on approved improvement plans. Public space improvements shall be completed or guaranteed as provided for in Section 420.080 for other subdivision improvements.
1.
Specific Improvements Based On Type Of Public Space. All land dedicated for public space shall be improved consistent with applicable City specifications, including those identified in the table in Subsection (F) of this Section and those improvements found in Exhibit 1, which is on file in the City Clerk's office,[2] of this Section pertaining to the specific type of public space.
[2]
Editor's Note: The Public Space Location, Design and Types chart is included as an attachment to this Chapter.
2.
General Improvements. All public spaces shall have the following improvements:
3.
Where applicable, public space shall be cleared of underbrush and debris, sodded or seeded. Choice of recreational improvements shall be consistent with this Chapter, the development and surrounding uses, not duplicative, and consistent with the Town Center regulations and the City's Public Space Study.
I.
Fee In Lieu Of Dedication. If providing some or all of the required public space within a development is impractical or incompatible with the approved street grid, Master Plan or this Chapter or Chapter 420, Subdivision and Development Regulations, requirements as determined by the City pursuant to the standards and findings adopted by this Chapter, the City may accept from the developer an equivalent amount of public space in another nearby location or pay to the City a fee in lieu of dedication which would be used to directly address the public space need attributable to the development.
1.
Fee Calculation Methodology. A fee in lieu of public space shall be paid equal to the fair market value for each square foot of land required to be dedicated under this Chapter or the pro rata amount thereof that is not actually dedicated.
FIL | = | (DR x FMV) + (DR x AIC) |
FIL | = | the fee in lieu |
DR | = | (dedication requirement) the required square footage of public space required to be dedicated under this Chapter that is not actually satisfied through a dedication |
FMV | = | fair market value |
AIC | = | the average improvement cost |
2.
Fee In Lieu Amounts Established.
a.
FMV — Fair Market Value. Initially, the fair market value for property within the Town Center boundaries shall be three dollars ($3.00) per square foot for residential and seven dollars ($7.00) per square foot for commercial property as determined by the proposed use. Fair market value for property outside of the Town Center shall be one dollar fifty cents ($1.50) per square foot.
b.
AIC — Average Improvement Cost. The average improvement cost shall be two dollars ($2.00) per square foot.
c.
The FMV and AIC amounts may be reevaluated yearly and may by order of the Council be increased or decreased at any time by resolution or ordinance to accurately reflect the fair market value of acquiring public space and improving the same.
3.
Payment And Use Of Fees In Lieu. All fees in lieu shall be paid by the developer prior to the recording of the record plat or issuance of any final site plan. All fees in lieu received hereunder by the City shall be placed in a City escrow for purchase, construction or improvement of public space, which is reasonably attributable to the development for which the fee was paid consistent with this Chapter. The Director of Parks is authorized to establish one (1) or more escrows and escrow policies and procedures to ensure compliance with the requirements herein. The Director of Parks shall draw on such escrows at any time consistent with the purposes established by this Section.
4.
Protest Of General Fee In Lieu Determinations. The values established by the City in determining the fee in lieu shall be a rebuttable presumption of the fair market land value and average improvement costs roughly proportional to the impact of the new development. A developer or applicant who believes that the value determined by the City exceeds the value of the land and average improvement costs attributable thereto may protest the City's established valuation as provided herein. Such protest shall be filed within ten (10) days of the approval of the preliminary plat or zoning approval reflecting the Council's acceptance of the payment in lieu option to address the public space needs, whichever is earlier. The City's determination of value may be requested to be modified by:
a.
Filing a written letter of protest with the Director of Planning;
b.
Procuring two (2) appraisals of the value of the land in the development as improved by independent appraisers approved by the City; and
c.
A showing by both independent appraisers that the City's determination of value per square foot exceeds the current fair market value per square foot of the required public space within the new development.
(1)
To ensure that the public space allocation is finally determined for both the public and the developer prior to any subdivision or construction, a record plat or final site plan approval shall be stayed for an affected property until final resolution or appeal of any protest. The applicant challenging the City's determination of value shall pay one hundred percent (100%) of the cost of both independent appraisals. Any appraisals within the knowledge or possession of the developer shall be disclosed and produced to City as part of the protest appeal. If the appeal challenges the improvement cost portion of the fee, the applicant shall provide competent evidence, including at least two (2) binding bids, of improving the required public space based on a site drawing reflecting the general and specific improvements that would otherwise satisfy the Chapter if provided on site, and which could be used by the City to actually build the improvement on nearby public space. Upon receipt of the information, the Director shall submit the information to the Council which shall make a determination of any modification of the fee amount, if any, as necessary to conform to the purposes and requirements of this Chapter within thirty (30) days of such receipt, unless extended for good cause.
(2)
If the Council determines that the evidence of the fee in lieu amount, as determined by the Council herein, would be insufficient to actually acquire and improve public space in a location necessary to benefit the impact of the new development, the Council may require the plat or site plan to be redesigned to accommodate the public space on site or as may be proposed by the developer to ensure compliance with the purpose of this Chapter. The Council decision hereunder shall constitute a final decision of the Council subject to appeal as provided for in Subsection (J) herein.
J.
Appeals. Any person aggrieved by a final decision by the Council or administrative officer shall be subject to the requirements of appeal as set forth in Chapter 150, Code of Administrative Procedure, of the City Code.
K.
Planned Zoning Modifications. The specific specification and requirements of this Chapter may be modified by a planned zoning ordinance relative to a site specific development, provided that no such modification shall be deemed to exist unless the modification procedures therein are satisfied, express reference is made to such public space modification in enacting ordinance, and modification lawfully and non-discriminatorily satisfies the public space purposes of this Chapter. The area of land dedicated to public space may be included in the gross acreage of a development for purposes of density calculations thereby qualifying as a density bonus as may be specified by the specific planned residential development ordinance.