§ 19.20.060. Exclusions from dedication requirement.  


Latest version.
  • Exclusions. The following shall be excluded from the calculation for parkland dedication. In all instances, the burden of proof shall be on the subdivider to demonstrate that the plat meets the requirements of this chapter:

    A.

    A residential replat of an area where the density has not been increased from the original subdivision, as evidenced by the original subdivision and replat. In the case of a replat where parkland was not originally provided, the parkland requirements shall prevail;

    B.

    A replat or an amendment to a subdivision plat where the only change to the original subdivision plat is that easements or rights-of-way are eliminated, added or changed and there is no increase in density.

    C.

    A nonresidential replat which changes the lot location or design, but where the acreage has not been increased, as evidenced by the original subdivision and replat;

    D.

    A replat which changes the use of the original subdivision from residential to nonresidential, and the fees paid (or the equivalent fees which would have been paid based on parkland dedicated) on the original subdivision are more than or equal to the fees required on the replat;

    E.

    A replat which changes the use of the original subdivision from nonresidential to residential, and the fees paid on the original subdivision are more than or equal to the fees required on the replat;

    F.

    All property within a subdivision which is zoned planned mountain development district (PMD) whether for residential or nonresidential uses, as evidenced by the official zoning map;

    G.

    Land shown within an amending subdivision where density is not increased, as evidenced by the original and amending subdivisions; or

    H.

    Land shown within a subdivision, whether residential or nonresidential, which is designated for use as a public facility.

    I.

    Land within a subdivision, whether residential or nonresidential, covered by an adaptive reuse overlay or designated as a transit oriented development (TOD) overlay, or other specially designated incentive district established by city council policy.

    (Ord. 16882 § 2 (part), 2008)

(Ord. No. 17576, § 1, 6-7-2011; Ord. No. 17753, § 1, 3-20-2012; Ord. No. 17905, § 6, 11-6-2012)