BIL 215 Draft 02 2008-2010 - Laserfiche WebLink

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Only developed park areas, of the active neighborhood and playground/ball field type, within a five -mile radius of the proposed rezoning shall be counted when assessing the adequacy of existing facilities to meet the recreational needs of the project. If it is determined that the recreational requirements that will be created by the project cannot be met using existing facilities or staff, in lieu of providing specific improvements to existing facilities the applicant may contribute a beach park with bathroom and adequate parking facilities or an open park space that may be accessed by the public for hiking, bicycling, and other similar activities, providing those activities shall not damage, destroy, or otherwise negatively impact the environmental character of the open park space. (p) A change of zone application shall not be granted unless: (1) The fire department has determined that it can meet the fire safety requirements of the project using its existing facilities and staff; or (2) Specific improvements to the existing public firefighting facilities, or private firefighting facilities approved by the fire department will be provided to meet the public safety needs of the project and conditions of zoning. Only fire stations within a fifteen -mile radius of the proposed rezoning shall be counted when assessing the adequacy of existing facilities to meet the fire safety needs of the project. If it is determined that the fire safety requirements that will be created by the project cannot be met using existing facilities or staff, in lieu of providing specific improvements to existing public or private firefighting facilities the applicant may provide one or both of the following: contribution of firefighting equipment to the nearest existing fire safety facility to include but not be limited to fire vehicles and firefighting gear and supplies; or installation of fire hydrants and water lines in areas deemed appropriate by the fire chief and planning director. The planning director, with the approval of the council, shall determine the appropriate level of contribution of firefighting equipment or installation of fire hydrants and water lines, or both, to meet the concurrency requirements in lieu of the provisions of paragraph (2) of this subsection. The concurrency requirements of this subsection shall not be applicable for a rezoning that will create less than twenty additional lots, which shall instead be subject to the impact fee or `fair share system' to meet the fire safety needs created by the impact of the project. [e](q)Nothing in this section shall limit the ability of the council to impose reasonable roadway,. [er] water, parks and recreational, and fire - fighting facility improvement requirements on changes of zone or to deny change of zone applications to the extent otherwise allowed by law." SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or 5