HomeMy WebLinkAbout2012-03-19-Ordinance 2710_Parkland DedicationORDINANCE NO.2710
AN ORDINANCE TO AMEND CHAPTER 303,LAND SUBDIVISION REGULATIONS
FOR THE CITY OF W AUKEE,IOWA,BY AMENDING ARTICLE XII,
DEVELOPMENT IMPACT ON COMMUNITY FACILITIES
BE IT ORDAINED by the City Council of the City of Waukee:
Section 1.Chapter 303,Waukee Municipal Code,Land Subdivision Regulations for the
City of Waukee,Iowa,Article XII,Section 303.157 Park Site Dedication and Reservation is
hereby repealed and enacted in lieu thereof is as follows:
§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 fmal 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 desigu 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.
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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
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 trails
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 6.00 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 each.
Land Use Category Total Development Persons/Household Park
Plan Dwelling Dedication
Units
Low Density/Single 5410 3 1
Family
Mixed 2183 2.25 0.75
Density/Townhomes
High DensitylMulti-1392 1.75 0.58
Family
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 parIes 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 6.00 and the product divided by 1000 to yield the demand
created in acres.
400 Single Family units x 3 Persons/Household =1200 Persons
1200 x 6.00 =7200 /1000 =7.2 Acres
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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 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 desiguate 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
zomng.
2.The Subdivider shall desiguate 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
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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.
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 offood intake and special diets;
7.Designed for residents who are physically iucapable 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.
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G.General Regulations and Provisions
1.Implementation.Where a park site is in accordance with the
Comprehensive Park,Recreation and Open Space Plan,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 fmal 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.
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 ofthe 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 fmal platting must make
arrangements with the City of Waukee to account for the park needs ofthe
area.All subdivision plats initiated after February 12,2002 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,
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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 ofthe appeal.
b.Planning and Zoning Conunission Review.Prior to the public
hearing on appeal before the City Council,the Planning and
Zoning Conunission 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 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 XN,
entitled "A Certiorari".
Section 2.Chapter 303,Waukee Municipal Code,Land Subdivision Regulations for the
City of Waukee,Iowa,Article XII,Section 303.158 Development Capital Fees for Community
Facilities,is hereby amended by deleting Section 303.158 through subsection E and enacting in
lieu thereof as follows and renumbering each consecutive subsection in letter order:
§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:
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part of this ordinance shall
be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the
ordinance as a whole or any section,provisions or part thereof not adjudged invalid or
unconstitutional.
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Section 4.Effective Date.This ordinance shall be in effect from and after its final
passage,approval and publication as provided by law.
Passed by the Council the 19th day of March,2012,and approved this 19th day of
Attest:
\
~.Kooistra,City Administrator/Clerk
Sh
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