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A. Applicability

The provision of recreational facilities shall be required of all residential subdivisions, multifamily or mixed-use developments, except those located within the R1-36, R1-43, R1-144, and R1-300 Zoning Districts, unless utilizing the lot size reduction flexible design option enabled by Section 27.10.

((O)23-04, 10/18/23; (O)22-09, 10/05/22)

B. Recreation Area Plan Submittal and Approval

1. The developer shall submit a landscape and recreation area plan as part of the preliminary plat or development plan submittal package. The recreation area shall include the minimum improvements for recreational purposes as required by subsection D of this section.

2. The landscape and recreation area plan shall be subject to recommendation by the Planning and Zoning Commission and approval from the Town Council, concurrently with the preliminary plat or development plan.

3. Repealed by (O)23-04.

4. Homeowners’ association or property management requests to modify existing facilities and amenities are subject to the following:

a. Modifications deemed necessary and beneficial to provide for the recreational needs of residents that maintain parity with the quantity and type of amenities previously approved are reviewed and may be approved by the Parks and Recreation Director (recreation areas dedicated to the Town only) and the Planning and Zoning Administrator (private recreation areas).

b. Conformance to the provisions of this code.

((O)23-04, 10/18/23; (O)22-09, 10/05/22; (O)17-05, 06/07/17)

C. Recreation Area Standards

1. The minimum amount of recreation area and private outdoor space are established in Table 26-1 and subject to the following:

a. Recreation areas shall be provided in no more than two (2) common areas unless further distribution is approved by Town Council due to any of the following:

i. Special circumstances such as size, shape or topography apply to the property.

ii. The distance from residents the recreation area is serving meets or exceeds the requirements in subsection C.2 of this section.

iii. The variety of amenities provided meets or exceeds the requirements in subsection D of this section.

b. Recreation areas shall not be narrower than sixty (60) feet wide at any given point unless approved by Town Council due to any of the following:

i. The recreation area is a trail or linear park.

ii. Special circumstances such as size, shape or topography apply to the property.

c. A rezoning or master development plan that results in more than one residential subdivision shall provide shared recreation areas to:

i. Maximize space to cluster amenities.

ii. Locate in a convenient area that is accessible to all residents from the associated subdivisions.

d. Linear parks, as defined by this code and described in subsection D.2.h of this section, are acceptable as a portion of recreation areas when they serve to improve access to amenities and open space networks.

Table 26-1. Recreation Area Standards

Housing Type

Minimum Recreation Requirements

Minimum Recreation Requirements Applicable to Rezoning Applications

Dwelling units, single-family

512 sf per unit

900 sf per unit

Dwelling units, attached, including townhomes or patio homes

512 sf per unit

900 sf per unit

Apartments

400 sf per unit

400 sf per unit

A tot lot is required for apartment complexes that have 20 or more 2+ bedroom units, unless the complex is age-restricted for seniors.

An indoor recreational facility is required for apartment complexes with 50 units or more.

e. In lieu of constructing the required recreation area, residential subdivisions, multifamily or mixed-use developments requiring one-quarter (1/4) acre or less must provide a fee per subsection F.1.a of this section.

2. Recreation area(s) shall be usable and accessible by all residents within the intended service area. The location of recreation area(s) shall meet all of the following:

a. Position within one-half (1/2) mile, or a ten (10) minute walk from all residents it is intended to serve.

b. Create a central focal space that is highly visible for gatherings, and passive and active activities.

c. Accessible via sidewalk, walking path, trail, bicycle or shared use path by all residents within the subdivision, multifamily or mixed-use development and subject to the following:

i. At least one access route to the recreation area shall comply with the provisions of the Americans with Disabilities Act (ADA).

ii. Access routes shall be shown on the recreation area plan.

d. Comply with the following crime prevention through environmental design (CPTED) elements:

i. Natural surveillance – emphasis on visibility of the recreational facilities, also known as “eyes on the street,” to deter unauthorized users and activities.

ii. Access control – use of design elements to deny entrance to recreational facilities to unauthorized users and activities.

3. Passive recreation areas should be located within proximity to natural open space areas and/or conserved, environmentally sensitive lands.

4. Recreation areas shall not include land such as peaks, ridges, land fragments, land restricted by Town policy, condition or ordinance, and land determined unusable for recreational purposes by Town Council.

5. Shallow retention basins (flood-prone areas) may be approved for use as recreation areas subject to recommendations by the Town Engineer and Planning and Zoning Administrator.

((O)23-04, 10/18/23; (O)22-09, 10/05/22)

D. Recreation Improvements and Amenities

1. Trails

a. In cases where a recreation area lies adjacent to a trail identified within the Eastern Pima County Trails System Master Plan and/or the Oro Valley Trails Map and their subsequent updates, a connection shall be provided between the recreation area and said trail.

b. Trails and associated signage shall be constructed in accordance with the Pima regional trail system master plan standards, in consultation with the Town’s Park and Recreation Department, and subject to the following:

i. Trails shall be positioned in a manner to avoid native vegetation and minimize the potential of erosion.

ii. Trails shall be constructed to ensure minimal maintenance.

iii. All trail easements must be a minimum of twenty-five (25) feet wide, unless otherwise approved by the Parks and Recreation Director.

iv. Trails shall be designated for permanent, nonmotorized use, unless otherwise approved by the Parks and Recreation Director.

c. Maintenance of private trails is the responsibility of the homeowners’ association or property management company.

d. Detailed designs shall be provided within the landscape and recreation area plan and construction plans to include the following:

i. Surface treatment.

ii. Erosion control measures.

iii. Placement of signage per subsection D.5 of this section.

2. Recreation Area Improvements and Amenities

a. Detailed designs shall be provided for each proposed amenity with the landscape and recreation area plan.

b. Equipment installed within the recreation areas shall comply with the provisions of the Americans with Disabilities Act (ADA).

c. If provided, restroom facilities shall be located in a highly visible area and shall be free of shrubs that reach a mature height greater than three (3) feet.

d. Recreation area improvements shall be appropriate to the anticipated needs of residents. Areas must include a variety of amenities to support residents of all ages and abilities.

e. Each recreation area must include the following amenities, at a minimum:

i. Seating such as a bench, picnic table, or other similar amenity.

ii. Trash receptacle and/or pet waste station.

iii. Vehicle and bicycle parking per Section 27.7.

iv. Shading provided by built structures, or combination of built structures and natural vegetation.

v. Pedestrian connectivity between all amenities.

vi. One (1) active and one (1) passive amenity as specified in Table 26-2 first one-half (1/2) acre or portion thereof.

a) For every additional one-half (1/2) acre (rounded to the nearest half), an additional passive and active amenity shall be provided.

b) A maximum of five (5) passive and three (3) active amenities are permitted within a single recreation area, unless sufficient space has been provided as determined by the Planning and Zoning Administrator or the Parks and Recreation Director.

Table 26-2. Recreation Area Amenities

Active Amenities

Passive Amenities

Swimming pool

Barbecue grills

Ball court (basketball, volleyball, pickleball, tennis)

Bocce ball or horseshoe pit

Ramada

Picnic table

Playground or tot lot

Swing set or standalone play structure

Rectangular turf field

Small turf area or par courses

Workout/fitness equipment

Walking path

Community garden

Dog park

f. The Town Council may require different amenities within a subdivision, multifamily or mixed-use development to achieve more variety or approve amenities not specified in Table 26-2, yet comparable in use, accessibility and function.

g. When appropriate to the needs of the residents, tot lots shall be required. Tot lots shall include, at a minimum:

i. Play equipment area.

ii. Drinking fountain.

iii. Seating area oriented towards the play equipment.

iv. Trash receptacle(s).

v. Bicycle parking with a four (4) bicycle minimum capacity.

vi. Picnic table.

vii. Limited turf area for activity areas only (less than fifteen percent (15%) of total recreation area) may be provided.

h. Linear parks shall be a minimum width of twenty-five (25) feet at any given point and include:

i. A shared use path for pedestrians and bicyclists.

ii. Seating area.

iii. Landscaping.

iv. Drinking fountain, if located within one hundred (100) feet of a potable water line.

v. Trash receptacle(s).

vi. Pet waste removal station(s).

vii. Exercise stations may be included.

The location of the amenities along a linear park is subject to the approval of the Planning and Zoning Administrator.

i. Indoor recreation areas are subject to the following:

i. The indoor recreational facility may be used as the leasing, sales, or manager’s office; however, that use may not exceed thirty percent (30%) of the gross floor area.

ii. The remainder of the space shall include passive or active amenities such as group meeting space or community recreation rooms with exercise equipment, table sports, games, or other similar amenities.

3. Credit for Enhanced Amenities or Environmentally Sensitive Open Space (ESOS)

a. Credit for the additional cost of enhanced recreational amenities, including community swimming pools in single-family residential subdivisions, splash pads, skate/BMX parks, fully improved sports fields, and other amenities approved by the Planning and Zoning Administrator, may be obtained against the recreation area requirement in subsection C.1 of this section based on the following criteria:

i. The applicant shall submit a cost estimate summarizing the following:

a) Value of the land and cost of the improvements and amenities that would be required by this code.

b) Value of the land and cost of the improvements and enhanced amenities proposed as alternative means of compliance.

ii. Credit for the additional cost of the enhanced amenities may be received in the form of a reduction to the required recreation land area.

iii. The extent of the credit shall be determined by the value of the enhanced amenity as determined by the Town. The maximum reduction of recreation area requirement is one-half (1/2) acre.

b. Credit for improved indoor recreational space, unless otherwise required, may be obtained subject to the following criteria:

i. Improved community recreation rooms, community centers, gymnasiums, performance space, or other recreation space accessible to all residents of a development shall receive credit at a ratio of three to one (3:1) against the area requirement contained in subsection C.1 of this section.

ii. Each active and passive amenity contained within an indoor recreational space shall receive a credit to the recreational amenity requirements contained in subsection D.2.e.vi of this section at a one-to-one (1:1) ratio.

c. Upon review and recommendations from the Parks and Recreation Advisory Board, Town Council may allow environmentally sensitive open space (ESOS) to be credited toward the amount of recreation area beyond the allowances permitted in Section 27.10 and subject to the provisions of the environmentally sensitive lands ordinance (ESLO). The applicant may receive a credit for this property at a one to one (1:1) ratio for a maximum of one hundred percent (100%) of the required recreation area. Credit may be obtained only when the following criteria are met:

i. The area shall be determined to contain significant, unique, and desirable environmental, scenic, or cultural features.

ii. The area shall be delineated as a common area, designated with a conservation easement, with ownership to be held in common by the homeowners’ association, property management company or the Town.

iii. The area shall be accessible via sidewalk, walking path, trail, and/or bicycle or shared use path by all residents within the project.

4. Play Equipment Standards

a. Applicant shall submit evidence that play equipment complies with the current American Society for Testing and Materials (ASTM) safety standards for playground equipment.

b. Playground surface materials, including certified wood fiber, shredded rubber, poured-in-place surfacing, or other acceptable material approved by the Parks and Recreation Director, shall be placed at a minimum depth of twelve (12) inches under the equipment.

c. No play equipment shall be located within thirty (30) feet of any road right-of-way, driveway or alleyway, parking area, or single-family residential lot or single-family residential zone unless an architecturally compatible wall, permanent fence, or similar barrier is provided and approved by the Planning and Zoning Administrator.

d. All playground equipment and associated fall zones must be fully shaded with a UV-resistant sun shade or other appropriate shading material or structure as approved by the Planning and Zoning Administrator. The Planning and Zoning Administrator may reduce or waive this requirement if any of the following occurs:

i. The structure is detached and peripheral to a primary structure.

ii. The structure requires a fall zone greater than six (6) feet, such as a swing set.

e. Repealed by (O)23-04.

f. Repealed by (O)23-04.

g. To maximize the safety of children, play spaces shall be located as to provide maximum visibility from surrounding homes.

h. Play equipment shall not be located on a slope greater than four percent (4%).

5. Signage

a. All recreation areas shall post at least one (1) sign at the primary entrance(s) stating:

i. Hours of operation.

ii. Park/recreation area rules.

iii. Trespassing notice for unauthorized users, including citation of applicable ordinances/statutes.

iv. Notice that all dogs must be kept on a leash (unless an approved off-leash area has been designated).

v. Emergency (911) contact information to report suspicious or criminal activity.

vi. If a recreation area is privately operated, contact information to report maintenance or safety issues.

b. If a neighborhood watch program exists, a sign shall be posted at the primary entrance(s) to the recreation area.

c. If the recreation area abuts an environmentally sensitive lands (ESL) area, a sign shall be posted at one hundred (100) foot intervals along the border of the ESL area. The sign shall conform to the ESL sign requirements per the environmentally sensitive lands ordinance (ESLO).

d. If the subdivision, multifamily or mixed-use development includes private or public trails, directional trail signs shall be posted at one hundred fifty (150) foot intervals along the trail or at one hundred (100) foot intervals if abutting an environmentally sensitive lands area.

6. Lighting and Recreation Area Hours

a. All lighting shall be consistent with the standards of Section 27.5, with the exception of Section 27.5.H (Recreational Facilities).

b. All lighting must be fully shielded and turned off by 10:00 p.m.

c. If no lighting is provided, recreation area hours shall be limited to daylight hours only and shall be posted on the informational sign(s) at the park entrance(s) required by subsection D.5 of this section.

((O)23-04, 10/18/23; (O)22-09, 10/05/22; (O)22-01, 01/05/22; (O)11-15, 05/18/11)

E. Facilities Installation, Ownership and Maintenance

1. Private Recreational Facilities

a. In cases where the recreational facility is to be privately owned, all shared recreation areas including amenities, private or public trails within the project limits and associated parking improvements shall be completed and in place by the time thirty-five percent (35%) of the building permits are issued. Prior to release of the required bond or assurance, the developer shall provide written documentation to the Town that all mechanisms are in place to protect the rights of the residents (i.e., liability insurance).

b. Private recreation areas and improvements in a subdivision shall be owned and maintained by a mandatory membership homeowners’ association (HOA) created by covenants. If the HOA fails to adequately maintain the required recreational facilities, the Town may cause the property to be maintained and may cause a lien to be placed on the property, subject to and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record.

2. Public Park Facilities

a. In cases where the required recreation area is at least three (3) acres in size and is located adjacent to a public thoroughfare, dedication to the Town may be accepted. In this case, the park land shall be owned and maintained by the Town. The subdivider shall, without credit:

i. Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, lighting, street trees, and sidewalks to land which is dedicated pursuant to this section;

ii. Provide solid masonry fencing along the property line of that portion of the subdivided lots contiguous to the dedicated land;

iii. Provide improved drainage through the site; and

iv. Provide other improvements and amenities that the Town Council determines to be essential to the acceptance of the land for recreational purposes. Subsequent improvements, if any, shall be developed and maintained by the Town.

b. Requests for public dedication are subject to recommendation by the Parks and Recreation Advisory Board and the Planning and Zoning Commission and approval by the Town Council.

c. When park land is dedicated to and accepted by the Town, the provisions of subsection B.1 of this section shall not apply.

((O)23-04, 10/18/23; (O)22-09, 10/05/22)

F. In-Lieu Fee

1. In-lieu fees used to satisfy the recreation area and associated amenity requirements of this section apply as follows:

a. Residential subdivisions, multifamily or mixed-use developments requiring a recreation area of one-quarter (1/4) acre or less must provide an in-lieu fee.

b. All other residential subdivisions, multifamily or mixed-use developments may request use of an in-lieu fee to satisfy a portion of the recreation area requirement. Requests are subject to subsection F.2 of this section and a minimum one-quarter (1/4) acre must be provided on site with amenities per subsection D.2 of this section.

c. In-lieu fees cannot be used to satisfy any required private or public trail improvements.

2. Review of In-Lieu Fee Requests

a. In-lieu fee requests are subject to recommendation by the Planning and Zoning Commission and approval by Town Council. In-lieu fee requests shall meet the following:

i. The subdivision, multifamily residential or mixed-use development has or can provide legal and physically constructed access to an existing Oro Valley public park within one-half (1/2) mile or a ten (10) minute walk from the subdivision or development.

ii. The total amount of the in-lieu fee determined by the recreation area in-lieu fee calculation is sufficient to fund a specific park development or improvement project for an existing facility.

b. In evaluating a request to utilize the in-lieu fee option, the Town Council shall consider the impact on the property resulting from a change in the standard requirements for recreational space, the advantages and disadvantages of the proposed alternatives, the benefits afforded to the subdivision from the alternative proposal and the relative values to the community afforded by the alternative proposal as compared with the standard requirements.

3. Fee Calculation and Determination

a. A written appraisal report prepared by an appraiser shall be submitted to the Planning and Zoning Administrator and Parks and Recreation Director to determine the in-lieu fee.

b. The report shall be based on the improved value of the land, including:

i. The cost of the land required for the recreation area.

ii. The costs for structures and facilities required in subsection D of this section.

iii. Design and construction costs.

iv. Necessary infrastructure (i.e., roadways, drainage water, electric, telephone and sewer) required to serve the recreation area.

c. The Town may engage the services of a third-party appraiser, at the applicant’s sole expense, to evaluate the accuracy of the report.

d. The recreation area in-lieu fee shall be determined by the Planning and Zoning Administrator and the Parks and Recreation Director. The determination of the recreation area in-lieu fee shall consider, but not necessarily be limited to, the following:

i. Approval and any conditions of an associated general plan amendment or rezoning.

ii. The general plan.

iii. Conditional zoning.

iv. Property location.

v. Off-site improvements facilitating use of the property.

vi. Site characteristics of the property.

e. Repealed by (O)23-04.

f. Objections to the determined in-lieu fee may be appealed to the Board of Adjustment per Section 22.12.

4. Approval

a. The terms of the agreement shall be made a matter of public record and a condition of approval of any final plat, if applicable, or issuance of any grading permit.

b. The agreement shall provide funding to improve or develop public recreational facilities closest to the subdivision or development.

((O)23-04, 10/18/23; (O)22-09, 10/05/22; (O)22-01, 01/05/22; (O)16-16, 12/07/16; (O)11-05, 04/20/11)