1.
Policy and Purpose
a.
The purpose of the following revisions to the El Paso County
Land Development Code is, primarily, to provide definition,
structure, requirement and the assignment of responsibility,
necessary for the preservation and provision of certain, specific
categories of public park lands within the unincorporated areas
of El Paso County.
b.
The El Paso County Parks Department shall be a Regional Park
Agency and, as such, shall be charged with the responsibility
of providing, developing, operating and maintaining regional
parks, trails and open space within El Paso County.
c.
Within the unincorporated areas of the County, wherever
urban density development occurs, the County Parks Department
may, through the subdivision review process, function as a land
acquisition agency for the purpose of acquiring and preserving
urban category park lands for future ownership and development.
Land(s)
acquired in accordance with Urban Density Subdivision requirements
for urban park purposes shall be designated as "reserved
land" and placed into a land bank category for future transfer
to another governmental or quasi-governmental entity for urban
park purposes. Property in the re-served land cate-gory shall
become the develop-ment, operation and maintenance responsibility
of the recipient governmental or quasi-governmental entity.
d.
Whenever land is proposed for commercial, industrial
or residential use, the subdivider of the land shall provide
land, fees in lieu of land, or a combination of land and fees
for public park and open space needs generated by the pro-posed
use. The average of the per acre dwelling unit density, or the
average of the subdivision lot sizes of any residential use
classification within a proposed subdivision or portions thereof,
shall determine the appropriate subdivision density category
for review and requirement purposes of the proposed subdivision
or portions thereof, and the subsequent level of park and open
space requirements thereof. It is the purpose of this section
to require the dedication of land, the payment of fees in lieu
of land or a combination of land and fees to fulfill such requirements.
e.
This Section 49.3 A. is pursuant to the general land use authority
and police powers granted to counties by, inter alia, Sections
30-28-101, et seq., (and more specifically, Section 30-28-133),
Sections 30-20-301, et seq., Sections 30-20-701, et seq., Sections
24-65.1-101, et seq., Sections 24-65-101, et seq., Sections
29-7-101, et seq., Sections 29-20-101, et seq., and Sections
24-67-101, et seq., respectively, C.R.S. In addition, the "Recreation,
Park and Open Space Standards and Guidelines", published
in 1983 by the National Recreation and Park Association, and
the El Paso County Parks Department's "Capital Development
Schedule - 1979-1990", adopted by the Board of County Commissioners
on December 28, 1978, and revised and updated for the period
"1981-1991" by the Board on July 14, 1980, were utilized
in developing the standards and criteria set forth in this Section
49.3 A.
2.
Division of Responsibility
The
El Paso County Parks Advisory Board, hereinafter called the Parks
Advisory Board, shall, pursuant to statute, after review of individual
sketch plans, preliminary plans and final plats, make recommendations
to the Board of County Commissioners in accordance with the standards
and criteria set forth in this Section 49.3 A.
3.
Criteria
The
Parks Advisory Board shall consider the following criteria prior
to making recommendations to the Board of County Com-mis-sioners:
a.
The conservation and maintenance of the natural environment
of the region.
b.
The placement of park and open space lands in such a manner
so as to assist in combatting air quality problems; in enhancing
the environment; and in preserving community integrity in the
most practical, attractive manner possible.
c.
The examination of the size, shape, topography,
geology, presence and condition of ground cover and timber,
condition of soil, drainage, location, access and availability
of water to lands proposed for park and open space uses.
d.
The assessment of the suitability of any proposed land dedications
for both regional and urban park and open space needs.
e.
The determination of the population densities which
will result from the proposed subdivision and their relation
to both regional and urban park and open space needs.
f.
The assurance that areas set aside for park lands
have been examined for compliance with all regional plans, particularly
the El Paso County Parks Department policies and development
statement for regional parks, trails and open space.
g.
The assurance of the protection of natural and historical
features, scenic vistas, watersheds, timber and wildlife.
h.
The provision of regional park land, open space
and facilities which, with minimal development, will serve the
entire region and will support out-door recreation programs
including, but not limited to, interpretation of the natural
and historic qualities of the region.
i.
The assurance of the continuity of open space links,
trails and other major components of the regional open space
system.
j.
The determination of the place which the park and
outdoor recreation facilities of the subdivision occupy in the
broad scope of the County regional park, open space and regional
trail system.
k.
The provision of urban park lands as "reserved
land" which, with future development, will reasonably serve
the needs of the intended neighbor-hood or community planning
unit.
4.
Dedication of land for Parks
It
is hereby found and determined:
a.
That a part of the public need for both regional
and urban parks and open space generated by the influx of new
subdivisions should be provided by a mandatory dedication of
land, fees in lieu of land or a combination of land and fees
as a condition of preliminary plan or final plat approval.
b.
That it is reasonable to require the dedication
of land, payment of fees in lieu of land or a combination of
land and fees to provide the following facilities: regional
parks, open space, regional trails and/or urban parks (reserved
land).
c.
That urban park lands acquired by the County as
a result of land dedication under the provisions of this section
may be classified as "reserved lands" and held in
reserve by the County in an essentially undeveloped state for
another unit of government provided that the perpetual use of
such park land shall be for park purposes and shall provide
reasonable recreation opportunities for residents of the neighborhood
or community planning unit from which such lands were originally
dedicated to the County.
d.
That the decision on whether such dedications will
consist of land, fees in lieu of land or a combination of land
and fees will rest with the Board of County Commissioners in
consideration of recommendations of the Parks Advisory Board.
5.
Definitions
a.
Commercial/Industrial Use:
Any
property approved for commercial or industrial use as permitted
by the Land Development Code and Zoning Regulations of El Paso
County.
b.
Residential Use:
Any
property approved for residential use as permitted by the Land
Development Code and Zoning Regulations of El Paso County.
c.
Reserved Land:
Any
property required by the Land Development Code of El Paso County
to satisfy the urban park needs within an urban density subdivision
and acquired by the the County for future transfer to some other
governmental or quasi-governmental entity within the County
for ownership, develop-ment, operation and maintenance as an
urban park area.
d.
Rural Density Subdivision:
Any
residential use classification in which the average of the subdivision
lot sizes is greater than eight thousand (8,000) square feet
per lot; or in which the average of the subdivision dwelling
unit densities is less than four (4) dwelling units per acre.
e.
Urban Density Subdivision:
Any
residential use classification in which the average of the subdivision
lot sizes is eight thousand (8,000) square feet per lot or less;
or in which the average of the subdivision dwelling unit densities
is four (4) dwelling units per acre or more.
f.
Regional Park Fee Fund:
A
fund established for use in providing for acquisition and development
of regional parks, open space or regional trails in accordance
with County Parks Department long-range plans. Fees collected
in lieu of, or in combination with, the dedication of land for
regional park purposes pur-suant to this Section 49.3 A. shall
be deposited within the Regional Park Fee Fund and shall be
used solely to finance the acquisition and develop-ment of regional
parks, open space or regional trails which will reasonably serve
and benefit the property owners within the proposed subdivision.
Interest
earned on regional park fees shall remain within the Regional
Park Fee Fund and shall be used solely for the pur-poses set
forth in this subsection.
g.
Urban Park Fee Fund:
A
fund established for use in providing for the acquisition of
urban park lands by El Paso County for future transfer to some
other governmental or quasi-governmental entity for jurisdiction
and ownership for urban park purposes, within the neighborhood
or community planning unit from which the urban park fee was
collected. Fees collected in lieu of, or in combination with,
the dedication of land for urban park purposes, pursuant to
Section 49.3 A. shall be deposited within the Urban Park Fee
Fund and shall be used solely to finance the acquisition of
urban park lands which will reasonably serve the needs of the
intended neighborhood or community planning unit.
Interest
earned on urban park fees shall remain within the Urban Park
Fee Fund and shall be used solely for the purposes set forth
in this subsection; provided, however, that such earned interest
may be used by the County Parks Department to provide for necessary
and required minimum levels of annual public health and safety
maintenance of the "reserved lands" properties until
transfer to another entity is effected.
6.
Land Dedication Standards
a.
Any land to be dedicated as a requirement of this section shall
be reasonably adaptable for use as regional park, open space,
regional trail or urban park (reserved land). Land dedication
shall include the real property together with all tributary
and non-tributary water rights owned by the developer as a consequence
of ownership of the dedicated property, water rights underlying
the property, well rights, ditches and ditch rights appurtenant
to the property, mineral rights and all improvements thereon.
Factors to be used in evaluating the adequacy of proposed park
areas shall include, but not limited to, size, shape, topography,
geology, flora, fauna, access, and location.
b.
The Board of County Commissioners in consideration of the recom-mendations
of the Parks Advisory Board will determine the adequacy of the
land proposed for dedication in providing for the intended purpose
of the dedication, in accordance with the standards and criteria
set forth in this Section 49.3 A.
c.
Dedication of land for regional park, open space,
regional trail, and/or urban park (reserved land) purposes shall
be based on the following subdivision category standards:
1)
Rural Density Subdivisions:
a)
Regional Park Requirements:
i)
Commercial/Industrial Use:
The
minimum dedication for regional park purposes shall be
.05 acre of land for each gross acre of commercial/industrial
use contained within the proposed subdivision.
ii)
Residential Use:
The
minimum dedication for regional park purposes shall be
.0194 acre of land for each dwelling unit contained within
the proposed subdivision.
b)
Urban Park Requirements: None..
2)
Urban Density Subdivisions:
a)
Regional Park Requirements:
i)
Commercial/Industrial Use:
The
minimum dedication for regional park purposes shall be
.05 acre of land for each gross acre of commercial/industrial
use contained within the proposed subdivision.
ii)
Residential Use:
The
minimum dedication for regional park purposes shall be
.0194 acre of land for each dwelling unit contained within
the proposed subdivision.
b)
Urban Park Requirements:
i)
Commercial/Industrial Use: None.
ii)
Residential Use:
aa)
The combined urban park (reserved land)
standard for dedication shall be four (4.0) acres per
one thousand (1,000) projected population. Projected
population shall be based upon the average of the population
yield per dwelling unit of all types of residential
dwelling units. The average yield is two and one-half
(2.5) persons per dwelling unit.
The
combined urban park standard shall include and provide
for both the neighbor-hood and community park needs
of the urban density community.
bb)
The neighborhood park standard shall comprise
one and one-half (1.5) acres per one thousand (1,000)
projected population of the four (4.0) acres per one
thousand (1,000) projected population, combined urban
park dedication standard. The minimum size of any neighborhood
park to be dedicated shall be three (3.0) acres. Neighborhood
parks should, generally, be located adjacent to elementary
schools and within a one-half (1/2) mile radius of the
residential units that they are intended to serve.
The
minimum dedication requirement for urban "neighborhood"
park purposes shall be .00375 acre of land for each
dwelling unit contained within the proposed urban density
subdivision.
cc)
The community park standard shall comprise
two and one-half (2.5) acres per one thousand (1,000)
projected population of the four (4.0) acres per one
thousand (1,000) projected population, combined urban
park dedication standard. The minimum size of any community
park to be dedicated shall be twenty-four (24.0) acres.
Community parks should, generally, be located adjacent
to junior high or senior high schools and within a one
(1) mile radius of the residential communities that
they are intended to serve.
The
minimum dedication requirement for urban "community"
park purposes shall be .00625 acre of land for each
dwelling unit contained within the proposed urban density
subdivision.
dd)
Dedication of acreages that are less than
the required urban park classifications, mini-mum size
standards may be considered, provided that master plan
efforts indicate that the dedicated property can be,
effectively, added to dedication requirements of adjacent
properties in such a manner that the composite area
provides for the minimum required area of the urban
park classification.
7.
Fees in Lieu of Land:
a.
When dedication of required regional park, open
space, regional trail and/or urban park (reserved land) lands
is not deemed feasible or not in the public interest, the Board
of County Commissioners of El Paso County shall require the
subdivider, in lieu thereof, to pay to El Paso County a fee
in lieu of land.
b.
Fees in lieu of land shall be established each year
to be effective on the next January 1st for the following year,
by the Board of County Commissioners in consideration of recom-mendations
of a Parks Fee Advisory Committee. The Parks Fee Advisory Committee
shall be established and appointed by the Board of County Commissioners
in accordance with the adopted bylaws of the Parks Fee Advisory
Committee, as approved by the Board of County Commissioners.
The
Board of County Commissioners shall establish the various fees
in lieu of land, annually, by Resolution.
c.
Fees paid to the County in lieu of land dedication
under this section shall be credited to the proper park fee
fund(s) and utilized for the defined purpose of that fund(s):
1)
Regional Park Requirements: Regional Park Fee
Fund
2) Urban Park Requirements: Urban Park Fee Fund
d.
Fees in lieu of land for regional park, open space, regional
trail, and/or urban park (reserved land) purposes shall be based
on the following subdivision category standards:
1)
Rural Density Subdivisions:
a)
Regional Park Requirements:
i)
Commercial/Industrial Use:
The
fee in lieu of land for regional park purposes shall be
based upon the number of gross acres of commercial/ industrial
use contained within the proposed subdivision multiplied
by the per acre commercial/industrial use, fee in lieu
of land.
ii)
Residential Use:
The
fee in lieu of land for regional park purposes shall be
based upon the total number of dwelling units contained
within the proposed subdivision multiplied by the residential
(regional park) use, fee in lieu of land.
b)
Urban Park Requirements: None.
2)
Urban Density Subdivisions:
a)
Regional Park Requirements:
i)
Commercial/Industrial Use:
The
fee in lieu of land for regional park purposes shall be
based upon the number of gross acres of commercial/ industrial
use contained within the proposed subdivision multiplied
by the per acre commercial/industrial use, fee in lieu
of land.
ii)
Residential Use:
The
fee in lieu of land for regional park purposes shall be
based upon the total number of dwelling units contained
within the proposed subdivision multiplied by the residential
(regional park) use, fee in lieu of land.
b)
Urban Park Requirements:
i)
Commercial/Industrial Use: None.
ii)
Residential Use:
The
fee in lieu of land for urban park purposes (reserved
land) shall be based upon the total number of dwelling
units contained within the proposed subdivision multiplied
by the residential (urban park) use, fee in lieu of land.
8.
Combination of Land and Fees in Lieu of Land
When
dedication of all required regional park, open space, regional
trail and/or urban park (reserved land) lands; or when payment
of all of required fees in lieu of land is not deemed feasible
or not in the public interest, the Board of County Commissioners
of El Paso County shall require the subdivider to dedicate and
to pay to El Paso County a combination of land and fees in lieu
of land. The combination of land dedication and payment of fees
in lieu of land shall not exceed the total amount of land or fees
in lieu of land required in either Sections 6. or 7. above.
9.
Credit for Required Park Land Dedication
Applications
for credit for required park land dedication will be considered
by the Parks Advisory Board on a case-by-case basis under the
following criteria:
a.
Regional Park Requirements: No credit will be considered.
b.
Urban Park Requirements:
1)
Documented finding that the proposed subdivision
will be located within the service area of a governmental
or quasi-governmental entity and that such entity is willing
and capable of acquiring, developing, operating and maintaining
the required urban park property. In such circumstance, the
Parks Advisory Board may recommend that the required urban
park land dedication be deeded directly to the approved entity.
2)
Documented finding that the proposed subdivision
would be located within the service area of a future quasi-
governmental entity or another mechanism that would be acceptable
to El Paso County, and that would be organized and formed
by the applicant, either prior to or concurrently with, the
proposed residential area; and that such entity would be willing
and capable of acquiring, developing, operating and maintaining
the required urban park property. In such circumstance, the
Parks Advisory Board may recommend that the required urban
park land dedication be deeded directly to the approved entity
after formation.
3)
Appropriate final plat notes and/or plat restrictions as conditions
of approval will be utilized to insure deeding of property
to the approved entity.
10.
Procedure
The
procedure for determining whether the subdivider is to dedicate
land, pay fees in lieu of land, or provide a combina-tion of land
and fees shall be as follows:
a.
At the time of filing a sketch plan, preliminary
plan, or a final plat for approval, the subdivider, as part
of such filing, shall designate the general area(s) proposed
to be set aside and dedicated as park and open space areas and
shall indicate the number of acres proposed for such uses; the
number of acres contained within and the proposed number of
dwelling units for each residential use classification within
the proposed subdivision; and the number of gross acres proposed
for commercial and industrial development.
The
subdivider shall further provide the average of the subdivision
lot sizes and the average of the subdivision dwelling unit densities
per acre for each of the residential use classification(s) contained
within the proposed subdivision.
b.
After evaluation and verification of the above information,
the appropriate subdivision density category(s) will be assigned
to the proposed subdivision plan.
c.
In consideration of County Parks Department recommendations,
the Parks Advisory Board will make recommendations in accordance
with the standards and criteria set forth in this Section 49.3
A., to the Board of County Commissioners.
d.
At the time of final plat approval, the Board of
County Commissioners shall, in consideration of the Parks Advisory
Board's recommendations, determine as part of such approval
whether or not to require dedication of land, payment of fees
in lieu of land, or a combination of land and fees thereof.
e.
If dedication is required, the subdivider shall
provide a Warranty Deed for the dedicated property in favor
of El Paso County, concomitant with the recording of the final
plat. At least five (5) working days prior to the deeding of
the dedicated property, the subdivider, at his/her sole expense,
shall provide a current title insurance commitment for review,
covering the property to be deeded (dedicated) and a treasurer's
certificate proving that current taxes, prorated to the date
of deed transfer have been paid.
After
deeding of the property, the subdivider, at his/her sole expense,
shall provide the county with a title insurance policy covering
the deeded (dedicated) property.
f.
Fees in lieu of land shall be paid concomitant with
the recording of the final plat.
11.
Exemptions
Any
proposed development that is exempted by the Board of County Commis-sioners
in accordance with the provisions of Section 30-28-101(10), C.R.S.,
shall be exempted from the provisions and requirements of this
Section 49.3 A.
12.
Replatting or Resubdividing
The
following conditions will be taken into consideration and will
govern the requirements of this subsection for any replat or resubdivision
of previously platted land:
a.
If property, subdivided or platted prior to 1972,
is replatted or resubdivided, such property shall be subject
to the current requirements of Section 49.3 A.
b.
If fees in lieu of land have been paid or park land has been
dedicated, the land replatted or resubdivided shall be exempt
from the provisions of this Section 49.3 A., unless as a result
of such replat or resubdivision, residential acreage or density
is increased; or commercial/ industrial acreage or density is
increased;
1)
If residential acreage or density is increased
the subdivider shall pay the fees in lieu of land or dedicate
park land in those amounts as set forth in this section at
currently adopted rates as applied only to the addi-tional
number of residential units that are increasing the density;
or the additional number of residential units that are a result
of increased acreage.
2)
If the replat or resubdivision of the property
either increases the average dwelling unit density per acre
or decreases the average lot size, such that urban park requirements
must be considered, the entire subdivision park and open space
requirement will be recalculated and amended, using those
amounts as set forth in this Section 49.3 A. at currently
adopted rates. Previously paid fees in lieu of land or park
land dedication will be credited to the appropriate amended
requirements.
3)
If commercial/industrial acreage is increased,
the subdivider shall pay the fees in lieu of land, or dedicate
park land in those amounts as set forth in this section at
currently adopted rates as applied only to the additional
commercial/industrial acreage as contained within the replat
or resubdivision or property. If commercial/ industrial density
is increased, the subdivider shall pay the fees in lieu of
land or dedicate park land in those amounts as set forth in
this section at currently adopted rates. Previously paid fees
in lieu of land or park land dedication will be credited to
the appropriate amended requirements.
13.
Future Disposition of Urban Park Lands and Fees in
Lieu of Land
a.
In the event urban park lands acquired by the county
as the result of land dedication, and/or urban park fees in
lieu of land collected by the county, under the provisions of
this Section 49.3 A. are not transferred to another unit of
govern-ment or quasi-governmental entity as contemplated herein
within five (5) years from the occupancy of fifty (50) percent
of the residential dwelling units within the neighborhood or
community planning unit from which such urban park(s) was (were)
intended to serve, the Board of County Commissioners shall dispose
of such urban park lands and/or urban park fees in lieu of land
pursuant to one or more of the following alternatives:
1)
The Board of County Commissioners may, in its
discretion, elect to retain such urban park lands and/or utilize
such urban park fees in lieu of land for the acquisition and/or
development of urban park(s) intended to serve the subject
neighborhood or community planning unit within five (5) years
from the date of such determination. In conjunction therewith,
the Board of County Commissioners may establish and/or utilize
a recreation district, special assessment district, service
authority, inter-governmental entity or similar type of public
or quasi-public organization as may be provided by law for
the provision, financing, development, operation and maintenance
of such urban park.
2)
The Board of County Commissioners may, in its
discretion, elect to sell such urban park lands acquired by
the county as the result of land dedication. Any moneys paid
to the county from the sale of such urban park lands shall
be appropriated and used within five (5) years from the date
of such appropriation for the acquisition and/or development
of a similarly situated urban park which will reasonably serve
the needs of the intended neighborhood or community planning
unit.
Urban
park fees in lieu of land and moneys received from the sale
of urban park land which have not otherwise been transferred,
appropriated and/or utilized by the county as provided herein
shall, upon written application, be proportionately refunded
to the record owner of the property for which the urban park
requirements were imposed, together with unused accrued interest.
14.
Relief Procedures
a.
Waiver. Any subdivider to whom this Section 49.3 A. is applicable
may apply for a waiver pursuant to Section 50 of the Land
Development Code.
b.
Appeal. Any subdivider believed aggrieved by the
specific application of the provisions of this Section 49.3
A. may appeal pursuant to Section 46
K. of the Land Development Code.
