Canby Acquisition Plan: Chapter3

To provide park and recreation for the diverse population of Canby including different ages, abilities, and ethnicity.

The 2000 Update found that sections of Canby’s population are growing, especially those in the 5 to 17, 45 to 54, and 55 to 64 year age brackets. People between 45 and 64 years old continue to be one of the fastest growing segments of the population. Because there is a correlation between age and mobility limitations, meeting the needs of mobility-limited residents as they age will become increasingly important.

The 2000 Update also found that the population of children is increasing. As a result, there will be an increased need for park and recreation facilities and programs for youth.

In addition, Canby is growing more ethnically diverse according to the 2000 Update. The Hispanic population is the largest and fastest growing minority in Canby. Hispanic children comprise 9.5 percent of Canby School District’s enrollment. Because of this growth, understanding and meeting the park and recreation needs of minority residents is becoming increasingly urgent.

The City should review demographic characteristics of the population at least every five years to determine emerging trends and reflect those trends in its acquisition priorities and capital improvement program.

Goal 2: Acquire a minimum of parkland to archive the City’s 10 acres per 1,000 residents standard

The 10 acres of 1,000 residents is the standard for the minimum amount of parkland. That standard is for developed parkland and does not include protected open space and wetlands.

The City’s coordinated population forecast indicates that Canby is expected to grow significantly in the next 20 years, reaching 21,000 by the year 2020. In summary, given a parkland inventory of about 68.8 acres in 2000, Canby will need 141.2 additional acres of parkland to meet its minimum standard in 2020.

To achieve this standard, Canby should use a combination of mandatory dedications for new development and other methods of land acquisition including but not limited to donations, partnerships, bond, levies, formation of a park and recreation district, and grants.

The City’s park acquisition and funding program should include provisions for acquisition (through the dedication ordinance) and improvement and reimbursement fees (through a Systems Development Charge). The methodology should rely on a combination of parkland dedication and system development charges.

Goal 3: Ensure that all neighborhoods (sub areas) in Canby are equitably served by all park types

Canby will need to acquire an additional 141.2 parkland acres between 2001 and 2020. Further, 216.2 acres of additional parkland will be needed in order to meet the 10-acre per 1000 resident parkland standard at UGB buildout.

At present time, Canby is currently under its 10-acre per-thousand parkland standard by approximately 58.2 acres.[2] Based on population, the most underserved neighborhood in Canby at this time is Neighborhood Five with a 28.5-acre deficit of parkland.

Goal 4: Provide linkages between parks and neighborhoods: The Emerald Necklace Concept

Trails and linear parks should be a component of the City’s acquisition program to provide safe connections between neighborhoods, parks, schools, and other public facilities.

The map generated during the 2000 Update public process identifies Canby Transportation System Plan recommendations and recommended bike and multi-use trails as a conceptual planning tool, identifying potential trail connections. This map should be used as a general guide to trail linkages, but should not constrain the City from identifying and working on other linkage opportunities.

Goal 5: Maintain and develop open space in the city

Open space is loosely defined by the National Park and Recreation Association as natural or open lands with environmental significance. The determination of "environmentally significant” is a local decision. However, open space should not be equated with a numerical standard.

Canby should develop open space acquisition policies that reflect the unique resources of the community and could be the basis for the open space system.

Local determination of lands with environmental significance is part of the Statewide Planning Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources.

These goals are based on public input from the 1997 Parks and Recreation Master Plan, the 2000 Parks and Recreation Master Plan Update and the Park Acquisition Plan. The goals should guide the City as they proceed with development and adoption of a parkland dedication ordinance as well as other methods of parkland acquisition. To provide Canby staff and decision-makers direction in the implementation of these goals, this plan describes an acquisition framework that addresses park distribution, specific park needs by neighborhood, and a process to evaluate dedicated land and land purchases.

Park classification and distribution

It is best to discuss park distribution by park since each type serves different needs and radial areas. Table 3-1 describes the size, use, service area, and an example of each park type.

Table 3-1. Canby Park Classification
	Community Park	Neighborhood Park	Mini-Park
Size	30 - 50 acres	5 - 10 acres	2,500 ft² - 1 acre, and up to 5 acres
Use	Informal recreation, trails, picnic areas, or nature study	Sports, play, picnicking, or trails	Limited, isolated, or unique recreational needs
Service Area	1.5 miles	0.5 miles	0.25 miles
Example	Eco Park	Maple Street Park	Wait Park

The National Park and Recreation Association encourages communities to work with citizens to acquire a trail and open space system. However, trails and open space should not be factored into a level of service calculation. This is because each community has different opportunities for these types of recreation amenities.

Trails or linear parks are areas that facilitate activities and connections to parks, recreation, and open space areas. The City should require pedestrian connections, where appropriate, as a condition of subdivision and PUD approval. Because there is not a standard for these trails and linear parks, they will not count toward the developer’s park dedication or system development charge.

Canby should develop open space policies that reflect its unique resources and respond to the desires of the residents.

Table 3-2 shows park distribution by classification in 2000, and provides some general ranges of what a reasonable distribution of parkland would be in 2020. The parkland need estimates presented in Chapter 2 and shown in the Total row of Table 3-2 indicate that Canby will need a park system with a total 210 acres in 2020 to meet its 10-acre per 1000 persons standard. The City will need to acquire a minimum of 141.2 acres to meet the City standard in 2020.

More importantly, Table 3-2 provides general guidelines for the distribution of park classifications. Columns two and three (2000 system, acres/percent) summarize the distribution of parkland by classification in 2000. Columns four and five show total acres needed in the 2020 system, and the percentage of acres, while columns six and seven show the need between 2000 and 2020.[3]

Parkland need by type is intentionally presented in broad ranges. It is unlikely that Canby’s system would conform to a single set of percentages. The purpose of Table 3-2 is to establish a general range of acres or percentage of acres for each parkland classification at any given point in time. The figures in Table 3-2 should be considered as guidelines, not as targets to strictly adhere to.

Table 3-2. Parkland distribution by classification: 2000 and 2020
	2000 System		2020 System		Need 2000-2020
Park Type	Acres	Percent	Acres	Percent	Acres	Percent
Mini-Park	6.6	10%	30-65	15%-30%	18-50	15%-30%
Neighborhood Park	14.7	21%	30-65	15%-30%	17-48	15%-30%
Community Parks	47.5	69%	85-150	40%-70%	35-100	40%-70%
Total	68.8	100%	210	100%	141	100%
Source: 2000 Parks and Recreation Master Plan, future need estimates by CPW

In summary, the distribution of need by park classification is intended to provide general guidelines. The City can change the distribution need by park classification as situations change.

Building Canby's park system

The 2000 Master Plan Update and the Acquisition Plan are in direct response to the inability of Canby’s park system to keep up with population growth. The intent of this Plan is to establish a land acquisition program that ensures Canby addresses the goals described above.

Given those goals, how does the city build that system? Review of other municipal programs indicates that it must occur through a variety of approaches that occur more or less simultaneously and are continued over a long period of time (20 years for the purpose of this plan).

The answer, in part, is that the City’s parkland dedication ordinance will be a key tool. The dedication ordinance will provide the basis for land acquisition policy and will ultimately determine how much parkland the City can acquire by dedication. This Plan assumes the target will be the 10-acre per 1000 person standard, but that actual dedications will be somewhat less than that due to a fee-in-lieu of dedication provision that gives the Planning Commission discretion in determining whether or not to accept dedications.

Moreover, the dedication approach has limitations.[4] The primary park type acquired through the ordinance will be mini-parks and possibly a neighborhood parks. Thus, the City will need to pursue alternative approaches for dedication of most, if not all, community parks, and perhaps a substantial percentage of neighborhood parks. In summary, the dedication ordinance will be most effective for mini-parks and should target mini-parks.

It is important to note that Canby is adding a tool—parkland dedication through the subdivision and PUD process—to its land acquisition tool bag. The City must not depend solely on dedication to both raise the level of service per 1,000 residents and acquire new parkland for new population. Mandatory dedications should be considered as one mechanism—along with fees in lieu of dedications, partnerships and other approaches—to acquire parkland and protect open space. Canby can acquire community and neighborhood parks by using these additional mechanisms, and will need to in order to meet its standard and provide for a reasonable distribution of park types.

Park need by population and sub-area

Chapter two described how well neighborhoods are presently served, and identified how many acres of parkland would be needed in each neighborhood to meet the City standard. This section presents a framework for how the City can ensure that future parkland acquisition equitably serves each sub area. The analysis in Chapter 2 indicates that, based on population projections and city zoning, neighborhoods Five and Three are be most underserved by parks.

Canby will need a minimum of 210 acres by the year 2020. However, some areas of the City need more parks than other areas. The chapter addresses ways to distribute acquired parkland by park type and location. Based on public input from the 2000 Update and this acquisition plan, residents are concerned about the equitable distribution of mini parks and neighborhood parks as well as connectivity to a larger park system including the “emerald necklace.”

Table 3-3 shows parkland acquisition priorities by neighborhood and classification. The priority was determined using the service area by park classification map and population data.

Table 3-3 Parkland acquisition priorities by neighborhood and classification, 2000-2020
Neighborhood	Community Park	Neighborhood Park	Mini-Park
One	Low	Medium	Medium
Two	Low	Low	Medium
Three	Low	Medium	High
Four	Low	Low	Low
Five	Medium	High	High
Six	Low-Medium	High	High
Source: analysis of park distribution by type and neighborhood, CPW

The six neighborhoods the City uses for planning purposes are inadequate to ensure an equitable distribution of parks. Thus, the neighborhoods are further divided into 23 neighborhood sub-areas.

Map 3-1 shows the neighborhood sub-area boundaries as well as existing parks and schools in Canby. The map shows many sub-areas have no parks at this time, including several that are near full build out in residential uses.

Map 3-1 is intended to provide a systematic approach to ensure that every area of Canby is considered when evaluating parkland acquisitions. It will be a difficult task to acquire parkland in each of the neighborhood sub-areas. Moreover, the map is not intended as an absolute guide to where new parkland should be acquired, and should not be construed as to prohibit acquisition of parkland in sub areas that already have parkland. It is intended to serve as a general guide for equitable geographic distribution of parks in Canby.

Map 3-1. Park Sub-Areas

Input

In order for Canby to build the system discussed during the public processes, the following priorities must be set:

The residents also highlighted various areas as potential sites for parks and open space. These are general sites, identified as either need or good location based on connections, environmental constraints, and adjacent land uses. The following bullets summarize some of the opportunities identified in the public meetings (note that they are not prioritized):

Map 3-2 shows the general location of potential park sites identified during the public meetings held in August 2001. The location of the sites should not be construed as an intent of the City to acquire a specific parcel, but as an indication of a general area that residents would like to have parks sited.

Map 3-2. Potential park sites identified during public workshops, August 2001

Map 3-3 shows the conceptual trail map, developed in the August 2000 Community Forum. The map identifies the Canby Transportation System Plan recommendations and potential linkages between parks, schools, and other public facilities. These include bike trails and multi-use trails. The Community Forum located likely routes for trail extensions and connections. When depicted with the TSP recommendations, potential linkages to schools, parks and other sites emerge as possible future acquisition and improvement projects. This map is advisory in nature and provides a conceptual idea of potential projects; location may vary when specific project planning takes place.

Evaluation of land dedication and acquisition

Dedication Ordinance

The ordinance language reflects the City’s parkland standard and must demonstrate the nexus, or connection, between new development and dedication of parkland and the system development charge. The nexus is park demand created by new population which is estimated by the number of dwelling units. In summary, the City’s standard states: 1000 persons of incoming population will require 10 acres of parkland based on Canby’s level of service.

How does the City determine whether to accept a specific site?

The dedication ordinance sets forth specific criteria. The staff report on the development application will evaluate the dedication criteria and provide a fact base for a Planning Commission decision.

It is important to consider what kind of land the developer wishes to dedicate for parks in the context of city standards and needs. Areas that have constraints, such as flood, wetlands, or steep slopes may limit the land use and its benefit to the public as a park.

The City’s dedication ordinance requires parkland dedication as a condition of approval for a tentative plat of a subdivision or partition, design review for a multi-family development or manufactured home park, or the replat or amendment of any site plan for multi-family development where dedication has not occurred or where density will increase.

Map 3-3. Bicycle and Multi-use Trail Connections

Prior to parkland dedication, the City requires an environmental assessment of the proposed lands. The City also assesses the following factors when deciding whether to accept land or fees in lieu:

These factors will be evaluated at the time of the preliminary plat or PUD application to determine the feasibility of the dedication.

What happens if the City does not find all or some of the site acceptable?

If the land is not suitable, the City will require the developer to pay a fee-in-lieu-of dedication. In some cases where part of the land to be dedicated is not suitable for parks, the City will receive a combination of land and fees. The total SDC and/or fee will not exceed the value of the land based on the average market value of comparable land over a 3-year period as recorded by the Clackamas County Assessor, or “arm's length” appraisal, whichever method the City decides upon.

Fees gathered in lieu of dedication will be used to acquire parkland through outright purchase. This allows the City flexibility in determining what parcels of land are the most beneficial for the overall park system. Fees in lieu of dedication may make more sense for smaller subdivisions because as land divisions occur in smaller numbers, the overall burden on the park system is offset by fees paid for park acquisition and development.

In addition to the above methodology, park SDCs will be assessed for a combination of improvement and reimbursement fees. Improvement fees are “forward-looking” fees that will pay for capital improvements after they are collected. An “improvement fee” SDC may also be set aside to pay for a future debt issue. A “reimbursement fee” is the recovery from new development of an amount that would have been attributed to the new development if it had originally financed the capital improvement capacity that is presently available. It looks backward to consider circumstances in order to establish an equitable buy-in for latecomers.[5]

Fees in-lieu of dedications are a common way for communities to acquire park and open space and have stood up to court challenge. The courts generally accept fees in-lieu-of dedications if the fees are deemed not to put an undo burden on the developer.[6]Fees are paid in two primary situations: (1) where the dedicated piece of land does not meet the City’s list of criteria for dedication; and (2) where the development does not include an identified park site in the Acquisition Plan.

The criteria list is an essential piece of the Acquisition Plan because, when adopted into the ordinance, the list provides the basis for Canby to decide whether to accept a dedication or require fees be paid in-lieu-of dedication.

Fees in-lieu-of dedications are established based on the locale’s assessed values or market land values. Canby bases its fees in-lieu-of dedications on an average market value over the past three years or “arm's length” appraisal, as decided by the City Council.

Because these fees will be used to purchase land outright, they must be comparable to the value of the dedication itself so that one option is not more onerous than the other for the developer. Another important reason for fees to be comparable to the value of the dedication itself is so the end result is the same: either Canby gets the land for a park or Canby gets enough money to buy the land for a park.

Land acquisition through donation or purchase

Criteria 5 and 6 should be used, in addition to criteria 1-4, to evaluate open space acquisitions.

This chapter presents the framework for parks and open space acquisition in Canby. It identifies a need for about 141.2 additional park acres between 2001 and 2020, and establishes specific acquisition priorities.

¹ The language adopted in the dedication ordinance should be considered the definitive language.

² Source: City of Canby Park and Recreation Master Plan Update - Table 8.1, city of Canby Current Park Acreage. This does not include the Willamette Wayside and Adult Swim Center, see Chapter 2.

³ No parkland needs are allocated to facilities because facilities are not classified as a needed park type in the Parks and Recreation Master Plan.

⁴ An example will underscore this point. If we assume that the largest residential development proposed might be on the order of several hundred dwelling units, and is not phased (or if it is, the City requires the entire parkland dedication up front), this would imply a population of 810 persons (300 dwelling units at 2.7 persons per dwelling unit). If the City chooses to require the dedication meet the full 10-acre per 1000 person standard, the developer would be required to dedicate 8.1 acres—which falls within the City’s “neighborhood” park classification. The largest subdivision in recent history was 285 lots, with many ranging between 100 and 200 lots.

⁵ League of Oregon Cities (April 1994). A Model System Development Charge Ordinance: A Commentary.

⁶ Frielich, Robert H. and Michael M. Shultz. (1995). Model Subdivision Regulations. 2^nd Ed. Chicago: American Planning Association.

Goal 1: Ensure the system addresses the park and recreation needs of all city residents