Park / Land Development Ordinance Update (Section 803)

Staff and the Commission discussed Section 803 Highlights as noted below in the August 11, 2026 meeting.  Where the Commission recommended changes or further definition, those areas have been modified.  The content proposed in the Ordinance rewrite is attached herein.  Staff maybe have to restructure the verbiage to reflect Ordinance structure norms when bringing this before the city council.  Staff requests approval of the changes to Section 803 and requests that it be forwarded to legal and council for review/consideration.

Section 803 Highlights

1. Mandatory 5% requirement. New residential subdivisions and planned developments would be required to provide a minimum public open space/parkland contribution equal to 5% of the applicable subdivision area.

1. Land, cash, or combination. The requirement could be satisfied through land dedication, cash in lieu of land, or a combination of land and cash, as determined by the City based upon which approach best serves the public purposes of this Section.
2. Suitable land. Land offered for dedication would need to be reasonably suitable for the intended public purpose and reasonably capable of practical use as a park, playground, trail, public open space, or other recreational facility. In determining suitability, the city may consider the land's size, configuration, location, accessibility, topography, drainage, environmental characteristics, and potential for practical development or use. The City would have final authority to determine whether land offered for dedication satisfies the requirements of the ordinance.
3. Fair market value. Cash contributions would be based upon the fair market value of the land that otherwise would have been dedicated, using a documented and consistent valuation method. The ordinance should establish a reasonable process for determining fair market value and, when appropriate, allow the City to require an appraisal or other competent evidence of value.
4. Restricted use of funds. Cash contributions would be placed in a separate municipal fund and used for park, recreation, trail, and open-space land acquisition, development, or improvements. The city should make reasonable efforts to use contributions in a manner that provides a reasonable recreational or open-space benefit to the residents of the subdivision from which the contribution originated.
5. Comprehensive Plan consistency. The location of dedicated land should, where practicable, be consistent with the City's Comprehensive Plan, Park Master Plan, and applicable park, recreation, trail, or open-space plans.
6. Objective adjustment provisions. Any adjustment to the 5% requirement should be based upon defined criteria and documented findings rather than unrestricted City discretion. An adjustment should continue to provide a public benefit reasonably related to the recreational and open-space needs associated with the proposed development.

Review and approve Section 803 update