18B.500.530 Common and Open Space Standards.
The purpose of this section is to provide residents with access to usable, privately maintained and owned open space to create opportunities for active living and respite for on-site residents. This section provides a fee in lieu of providing on-site open space, recognizing different site configurations, resident needs and desires, and opportunities to provide and enhance publicly owned and maintained system parks. Publicly owned urban parks include nodal and linear parks consistent with the downtown plan and the City’s parks, recreation, and open space plan. Transferring the fee in lieu to a nearby nodal or linear park reinforces accessibility to larger public open spaces within walking distance of current and future residential and mixed-use development in downtown Lakewood.
A. Common Open Space – Private.
1. Each mixed-use or residential development shall provide a common open space per dwelling unit of 100 square feet per dwelling unit.
2. For the purposes of this section, common open space means an open-air area intended for use by all residents, guests, employees or patrons of a site and may include lawns, gardens, squares, plazas, courtyards, terraces, barbecue and picnic areas, games court or multi-use recreational areas, and other types of built space.
3. Design Standards.
a. Required setback areas shall not count toward the open space requirement unless they are part of an open space that meets the other requirements of common open space.
b. Space shall have a minimum dimension of 20 feet in any direction to provide functional leisure or recreational activity. This dimension can be adjusted by the Community Development Director based on site conditions such as topography or irregular lot geometry.
c. Space shall feature paths or walkable areas, landscaping, seating, lighting, play structures, sports courts, or other pedestrian amenities to make the area more functional and enjoyable for a range of users.
4. Common space shall be separated from ground level windows, streets, service areas and parking lots with landscaping, low-level decorative fencing (no chain link), or other treatments as approved by the Community Development Director that enhance safety and privacy for both the common open space and dwelling units.
5. The space shall be oriented to receive sunlight and preferably face south, if possible. Open space may also face east or west, but not north, unless the Community Development Director determines that site conditions such as topography or irregular lot geometry warrant waiving this requirement. The common open space shall be designed to provide landscaping that defines the open space but permits surveillance from units and roads.
6. The space must be accessible from the dwelling units. The space must be oriented to encourage activity from local residents.
7. No more than 30 percent of the area may be covered by a structure.
8. The common open space may include multi-use storm water detention facilities if the Community Development Director determines that the facilities are designed to function as common open space by providing an enhanced natural or visually aesthetic design.
9. The common space shall be designed to ensure that the open space network addresses Crime Prevention Through Environmental Design (CPTED) principles such as security and surveillance from residential units. Common recreational spaces shall be located and arranged to allow windows to overlook them.
10. The common space shall provide adequate lighting in the open space network, but place and shield lighting so that it does not glare into housing units.
B. Private Open Space.
1. Each dwelling unit shall have a private open space, at a minimum of 48 square feet with a minimum width or depth of six feet.
2. For the purposes of this section, private open space includes individual decks, balconies, or patios.
C. Fee in Lieu for Portion of Open Space.
1. Within the downtown planned action area, a development may pay a fee in lieu of providing common open space or a portion of the private open space to support park land purchase and improvements within the downtown planned action area for urban nodal or urban linear parks identified in the downtown plan.
2. The fee in lieu is allowed for each 100 square feet of common open space not provided. No less than 50 square feet of common open space per unit shall be provided on site.
3. The fee in lieu is allowed for balconies or patios not provided on street-front facade. No less than 50 percent of the units shall include private open spaces.
4. The fee shall be equal to the average fair market value of the land otherwise required to be provided in on-site common or private open space.
5. Fee Payment and Use.
a. The payment shall be held in a reserve account by the City and may only be expended to fund a capital improvement for parks and recreation facility identified in the downtown plan;
b. The payment shall be expended in all cases within five years of collection; and
c. Any payment not so expended shall be refunded with interest to be calculated from the original date the deposit was received by the City and at the same rate applied to tax refunds pursuant to RCW 84.69.100; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest. [Ord. 695 § 2 (Exh. B), 2018.]