HomeMy WebLinkAbout2020-07-06-H03 Development Impact on Community Facilities Ordinance_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 6, 2020
AGENDA ITEM: Public Hearing on an ordinance to amend Chapter 303, Land Subdivision
Regulations for the City of Waukee, Iowa, by amending Section 303.156-
303.158, Development Impact on Community Facilities
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: At the April 13th City Council workshop, City staff
presented and facilitated a discussion on changes to the existing Parkland Dedication Ordinance which
was an action step identified within the Imagine Waukee 2040 Comprehensive Plan as well as a
priority of the City Council. Based upon the direction provided at the workshop, staff has prepared a
revision to the ordinance, which includes a slight increase to the amount of parkland dedication
required per 1,000 residents as a part of new development projects as well as language related to
floodway dedication as a part of parkland.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff believes the proposed changes are consistent with what
was discussed at the workshop.
RECOMMENDATION: Staff recommends holding the Public Hearing
ATTACHMENTS: I. Proposed Ordinance (redline)
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: June 25, 2020
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ARTICLE XII
Development Impact on Community Facilities
§303.156. Purpose. This ordinance is enacted to insure that land is properly located and
preserved and community facilities provided to accommodate future community growth; and to further
insure that the cost of providing the community facilities necessary to serve the additional residents
brought into the community through subdivision development may be most equitable apportioned on the
basis of the additional public requirements created by such subdivision development.
§303.157. Park Site Dedication and Reservation. This ordinance is required to ensure the
reservation of well-located and appropriately sized open spaces. Park areas must be created and preserved
in adequate quantity to provide access to all citizens as the community continues to grow. Further, these
spaces must be provided for by the subdivision development that creates the demand.
As a condition of approval of a final plat of subdivision or a site plan, each Subdivider or developer shall
be required to dedicate land without cost to the City for park and recreational purposes to serve the
immediate and future needs of the neighborhood, in accordance with the following criteria:
A. Park, Recreation Acres, and Open Space Dedication. In the design of the
SUBDIVISION PLAT OR PLANNED UNIT DEVELOPMENT (PUD), dedication of
land and/or physical improvement of the neighborhood park system shall be required by
the Planning and Zoning Commission and the City Council as to all subdivisions.
1. Procedure. At the time of filing a preliminary plat or site plan with the City, staff
will calculate the amount of needed park space (based upon the park service ratio,
which is explained in Section C). Staff will work with the developer to ensure that
the dedicated land is useable and, where possible, ties into other park space or trail
connections.
B. Determination of Land Dedication for Park, Recreation Areas, and Open Spaces.
The amount of land required to be dedicated by a Subdivider pursuant to this Article shall
be a function of the following:
1. Acres in development
2. Development capacity established by the development’s zoning.
3. Number of people per unit in the City of Waukee, with differentiation between
single-family and multi-family residences.
4. The City of Waukee’s desired level of service standard in acres of neighborhood
park per 1,000 persons.
The following will be used by the staff to determine what land shall be dedicated:
1. The Waukee Comprehensive Park, Recreation and Open Space Plan
2. The topography, geology, access, and location of land in the subdivision that is
suitable for the development of neighborhood and community parks or greenways
3. The City’s policies for development of neighborhood and community parks
4. The size and shape of the subject property and land available for dedication
5. The location of existing or proposed park sites and greenway trails
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The Comprehensive Park, Recreation and Open Space Plan describes the level of service
standards that the City of Waukee will pursue. Waukee seeks to maintain a level of service
of 6.006.50 acres per 1000 people. This figure reflects a continuation of the City of
Waukee’s existing standard. When possible, parcels should be aggregated to provide for
neighborhood parks of approximately seven (7) acres minimum in size.each.
Land Use Category Total Development
Plan Dwelling
Units
Persons/Household Park
Dedication
Low Density/Single
Family
5410 3 1
Mixed
Density/Townhomes
2183 2.25 0.75
High Density/Multi-
Family
1392 1.75 0.58
Mobile Home 394 2.5 0.83
The number of planned dwelling units of each type, multiplied by the appropriate
dedication for that housing type, when added together for the Development Concept area,
is the revenue available to fund the purchase of all the neighborhood parks as identified on
the Development Concept. The appropriate dedication is determined by household size
and can be expressed as a proportion of the single-family fee as listed on the table above.
C. Calculation of Required Dedication
Number of units of a particular type multiplied by the persons per household yields the
number of persons within the development. This figure is multiplied by the service level
of 6.006.50 and the product divided by 1000 to yield the demand created in acres. For
purposes of this calculation, the projected population of residential land shall be calculated
as follows:
1. For single-family residences: 3 persons per household
2. For townhome residences: 2.25 persons per household
3. For multi-family residences: 1.75 persons per household
For purposes of illustration, if a development is projected to contain one hundred (100)
single-family residences, the projected population for the development is three hundred
(300) persons. The amount of land dedicated for parkland would be calculated as 0.0065
acre per resident times three hundred (300) projected residents which equals 1.95 acres.
400 Single Family units x 3 Persons/Household = 1200 Persons
1200 x 6.00 = 7200 / 1000 = 7.2 Acres
In certain situations, where greenway corridors are desired as defined within the Waukee
Comprehensive Plan, floodway may be dedicated in lieu of or in combination with other
ground to satisfy the requirements of this section. When floodway is dedicated, it shall be
dedicated at a rate of 1.5 times the calculation as described above. For purposes of
illustration the amount of floodway land dedicated for park land would be calculated as
0.00975 acre per resident times three hundred (300) projected residents which equals 2.925
acres.
Formatted: Numbered + Level: 1 + Numbering Style: 1,
2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" +
Indent at: 1.25"
Formatted: Indent: Left: 0"
Formatted: Indent: Left: 1", First line: 0"
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D. Site Improvements
In addition to the dedication of land this ordinance requires the provision of initial
development for neighborhood parks. The following will be required of any development
adjacent to a neighborhood park.
Reasonable improvements and access to the land dedicated, including full street
improvements and utility connections such as curbs, gutters, street paving, sidewalks
adjoining streets and traffic control devices.
On site improvements including grading and seeding shall be required.
E. Number and Type of Units Designated
1. The Subdivider shall designate on the Plat map the maximum number of dwelling
units for the subdivision. Subdividers of condominiums, apartment projects or
cooperative projects shall designate the maximum number of dwelling units for the
purposes of this chapter only, and such designation shall not constitute approval of
the design or location of the units. If the number is not designated, the total
number of dwelling units shall be the maximum number of such units permitted by
the existing zoning.
2. The Subdivider shall designate on the Plat Map the dwelling unit type of each
dwelling. If the dwelling unit type is not designated then that which yields the
highest subdivision population shall be used to determine dedications.
3. If at any time the Subdivider or Developer wishes to change the density he must
provide the City with a new Plat Map detailing the changes. If the density is
increased, the extra dedication amounts will be calculated and will be due before
the changes can be approved. Should the density be lowered, arrangements will be
made to return dedicated property provided that it has not yet been developed as
park space.
F. Credits and Deferment
1. Credit for Private Amenities: A credit may be issued up to the entire amount of the
required park dedication for permanent recreational facilities, amenities and land in
private developments wherein said facilities and amenities are available for
common use, without rental charge, by local residents.
The credit against the dedication shall be determined by taking the total value of the
recreational facilities and amenities provided within the private development for
common use, without rental charge, by residents within the development and
relating them to park needs as described in the Waukee Comprehensive Park,
Recreation and Open Space Plan. Credit available will depend upon the relation
between the provided amenities and the stated park needs in the plan.
Recreational facilities and amenities which are to be considered in establishing a
credit include, but are not limited to, swimming pools, wading pools, court games
facilities, athletic field apparatus and playground equipment.
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No credit shall be given after 24 months from the date of the dedication.
2. Deferment for Residential Care Committee
Residential Care Facilities that meet the requirements of this section shall be
eligible for deferment of the obligation under other portions of this ordinance.
In order to receive deferment of the parkland dedication requirements a Residential
Care Facility must meet the following requirements.
a. One hundred percent of the residential units included in the Facility must be
covered by the license issued by the State of Iowa to provide care to non-
ambulatory elderly residents prior to occupancy of the first unit.
b. The Facility must provide the following care and have the following
attributes:
1. Assistance in dressing, grooming, bathing and other personal hygiene;
2. Assistance with taking medication;
3. Central storing and distribution of medication;
4. Arrangement of and assistance with medical and dental care, including
transportation of residents to doctor or dentist appointments;
5. Supervision of resident schedules and activities;
6. Monitoring of food intake and special diets;
7. Designed for residents who are physically incapable of travel outside the
facility without personal assistance from the staff; and
8. Residents receive transportation assistance from the facility on a limited
basis for required activities such as medical appointments.
G. General Regulations and Provisions
1. Implementation. Where a park site is in accordance with the Comprehensive Park,
Recreation and Open Space PlanPlan, the park site shall be schematically and
dimensionally located and a schedule determined between the City and the
Developer for the acquisition of the park site by the City.
When a final plat or site plan has been submitted to the City for approval, and it has
been determined that land shall be reserved for acquisition by the City for park use,
the location and final accurate dimensions of the park site shall be shown in detail
and legal description provided by the developer for accurate transfer of ownership.
Plans for development of the park site shall be prepared by the City to establish
accurate dimensions and acreage of the parcel to be acquired by the City.
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2. Reservation of Park Site. When a Neighborhood Park System is proposed within
the City’s Comprehensive Park, Recreation and Open Space Plan and it is
determined that the park land is to be reserved for future acquisition by the City, at
the time a developer initiates development of the area adjoining the proposed park
site or prior thereto, the City and developer shall enter into a written recordable
agreement setting forth a schedule for the acquisition of the park site by the City.
The City shall be obligated to purchase the reserved park site as agreed upon
between the developer and the City or if no agreement between the City and the
developer then when development adjoining the park site encompasses 50% of the
area within 500 feet of the proposed park.
3. Acquisition of Park Site. Land conveyed to the City for park purposes shall be
conveyed by warranty deed, free and clear of any and all liens and encumbrances
including all judgments, attachments, mechanics and other liens.
4. Retroactive Enforcement. Those subdivisions that have not yet constructed park
facilities prior to the time of final platting must make arrangements with the City of
Waukee to account for the park needs of the area. All subdivision plats initiated
after February 12, 2002the effective date of this ordinance shall be required to
provide for park facilities according to the schedule set forth in this ordinance.
5. Enforcement. Failure to construct improvements within the time set forth in this
ordinance shall result in the imposition of additional charges as set forth in the
resolution of the City Council as well as loss of any credits previously granted
pursuant to this chapter.
6. Right of Appeal.
a. Appeal Procedure. Any person, entity, or developer affected by any
decision made by any department acting under this Chapter, may appeal to
the City Council by filing notice of appeal with the City Clerk and a filing
fee of $35 payable to the City Treasurer to be credited to the General Fund
of the City. Such appeal shall be taken within ten (10) days from the
decision of the department acting under this Chapter and shall set out in
detail the reasons and grounds for the appeal. The City Clerk shall
forthwith transmit to the City Council all papers constituting the record
upon which the action appeal is taken. An appeal stays all proceedings in
furtherance of the appeal.
b. Planning and Zoning Commission Review. Prior to the public hearing on
appeal before the City Council, the Planning and Zoning Commission shall
review the decision of any department acting under this Chapter and shall
make a recommendation to the City Council for consideration at the public
hearing. The City shall act upon this review within ninety (90) days.
c. Public Hearings. The City Council shall upon the filing of an appeal and
after review by the Planning & Zoning Commission fix a reasonable time
for a hearing, giving public notice thereof as well as due notice to the
parties in interest. All interested persons may offer oral or written
testimony at the public hearing on the appeal. A vote of three (3) members
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of the City Council may affirm, modify, or reverse any decision of any
department acting under this Chapter.
d. Appeal to the District Court. Any person, entity, or developer aggrieved by
any appeal decision of the City Council may within thirty (30) days from
the date of the City Council decision, appeal therefrom to the District Court
of Dallas County, Iowa, in accordance with the Rules of Civil Procedure,
Division XIV, entitled “A Certiorari”.
January 5, 2004 – Ordinance 2451
March 19, 2012 – Ordinance 2710
§303.158. Payments Due. As a condition of approval of a site plan or approval of a building
permit, each builder shall be required to make fee payments computed as set forth in any and all
applicable ordinances and resolutions, in addition to the following:
A. Water Supply Capital Fees:
1. Single family residential development: $520 payable as a part of the building
permit.
2. Residential non-single family: $260 per unit payable as a part of the building
permit fee.
3. Non-residential development: $10.40 per fixture unit based on the fixture unit fee
set forth in the State of Iowa Uniform Plumbing Code as part of the building
permit.
4. The foregoing fees will increase annually based on the following schedule to
account for interest incurred by the City for Water Supply improvements provided
by the Iowa Department of Natural Resources State Revolving Loan Fund.
Year (per unit)
Residential Building
Permit Fee
Non-Single Family
Residential Building
Permit Fee
Non-Residential
Per Fixture Unit*
2018 $520 $260 $10.40
2019 530 270 10.60
2020 540 270 10.80
2021 550 280 11.00
2022 560 280 11.20
2023 570 290 11.40
2024 590 290 11.80
2025 600 300 12.00
2026 610 310 12.20
2027 620 310 12.40
2028 630 320 12.60
2029 650 320 13.00
2030 660 330 13.20
2031 670 340 13.40
2032 690 340 13.80
2033 700 350 14.00
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2034 710 360 14.20
2035 730 360 14.60
2036 740 370 14.80
2037 760 380 15.20
2038 770 390 15.40
2039 790 390 15.80
2040 800 400 16.00
*Refer to Table 610.3 of the UPC for number of fixture units.
April 16, 2018 – Ordinance 2886
July 16, 2018 – Ordinance 2896
B. Sharing of Main Costs. Where there are properties being developed that are
separated by public access or streets and the properties can be served by one water main, the Waukee City
Council shall determine the side of the street on which the main will be located. The costs of installation
of the main shall be borne by the developer who first develops the adjacent public access. Any person,
firm or corporation who wishes to connect to the existing main to furnish water to the property on the
opposite side of the public access, shall be required to pay the developer who originally installed said
main, according to Section 211.17, Waukee Municipal Code, and each subparagraph thereof.
November 3, 2003 – Ordinance 2445
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C. Warning Sirens Capital Fees:
1. Residential development in new platted area where the final plat filed after the
effective date of the ordinance: $40 per acre payable with final plat.
2. Non-residential development in new platted area where the final plat is filed after
the effective date of the ordinance: $40 per acre payable with final plat.
D. No development impact fees are required for water mains 12" diameter or smaller. The 12"
diameter water mains are required for fire flows and will be installed by developers as
required by Section 303.128. Water mains larger than 12" diameter required by the City
will be installed by the City and the cost to the developer will be pro rated in proportion of
the subdivision to the total area served by the larger main.
E. No development capital fees are required for peripheral streets adjoining a subdivision
which will be installed by developer as required under Section 303.74.A.
F. No development capital fees are required for storm sewers and overland storm water
drainage ways and detention facilities which will be installed by the developer as required
under Section 303.137.
G. No development capital fees are required for trunk sewers which have been developed by
the Subdivider or which are financed and developed through special assessments by the
City.
Subsection M repealed, October 17, 2005 – Ordinance 2547
March 19, 2012 – Ordinance 2710