18.4.6.050 Street and Greenway Dedications

A. Purpose. To provide timely and orderly improvement and enlargement of the city street and greenway system through the dedication of land by property owners upon development of their land.

B. Street Dedication Required. The approval authority may require the dedication of land for the construction of a city street, greenway, or portion thereof, provided that the impact of the development on the city transportation system is roughly proportional to the dedication. It is assumed that all development requiring planning actions will increase traffic generated in the area unless it can be proven otherwise to the satisfaction of the Planning Commission. Land will be dedicated by a property owner for the construction of a street or greenway when:

1. A development requiring a planning action, partition, or subdivision takes place on the owner's property;

2. The development will result in increases in the traffic generated (i.e., pedestrian, bicycle, auto) in the area, by some measure;

3. The property contains a future street or greenway dedicated on the official map adopted pursuant to 18.4.6.050.D;

4. Where required neighborhood street connections are not shown on the Street Dedication Map, the development shall provide for the reasonable continuation and connection of the transportation system to serve the development and adjacent vacant or redevelopable lands, conforming to section 18.4.6.040.E Connectivity Standards; and

5. The City may require additional right-of-way for streets that do not meet the street standards of this chapter, or as necessary for realignments of intersections or street sections, which do not have to be shown on the official map.

C. Nonconformities Created by Street Dedication. When the lot area or setbacks of a lot that conforms to the requirements of the applicable zoning district are reduced by a minor amount as a result of dedication of right-of-way for improvement of a street, the remaining lot is deemed in compliance with the minimum lot size, lot coverage, and yard requirements of the zone. Lots which could be divided prior to the right-of-way dedication shall not be prohibited from such division if the parcel size falls below the minimum requires due to dedication of right-of-way for improvement to a street.

1. Future street and greenway dedications are shown on the official street dedication and planned bikeway network map adopted by the City Council.

2. The Staff Advisor or the Planning Commission may modify the location of a required street or greenway dedication to account for practical difficulties in implementing this ordinance, as long as the general intent of providing safe transportation from one point to another is ensured.

E. Dedication Required Prior to Final Approval.

1. Dedication of the future right-of-way for a street or greenway is required prior to final action on a partitioning, subdivision, or development requiring a planning action.

2. If a plat is required for final action, the dedication shall be indicated on the plat as dedicated to the City.

3. If no plat is required, a deed with the dedication described by a registered surveyor shall be granted to the City. Said deed shall be provided with adequate title insurance or other assurance necessary to ensure that the title is free of all encumbrances, back taxes, or liens.