HomeMy WebLinkAbout2020-08-03-Ordinance 2965_Land Subdivsion Regulations, Parkland DedicationORDINANCE NO.2965
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
BE IT ORDAINED by the City Council of the City of Waukee:
Section 1. Chapter 303, Land Subdivision Regulations, Article XII Development Impact
on Community Facilities, is hereby amended by removing and inserting the following as Section
303.156 — 303.158
§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, 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 with the City, staff will
calculate the amount of needed park space (based upon the park service
ratio, which is explained in Section Q. 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 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
The Comprehensive Plan describes the level of service standards that the City of
Waukee will pursue. Waukee seeks to maintain a level of service of 6.50 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.
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 6.50 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.
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.
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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.
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.
Credits and Deferment
Credit for Private Amenities
amount of the required p,
facilities, amenities and lai
facilities and amenities are
charge, by local residents.
A credit may be issued up to the entire
rk dedication for permanent recreational
id in private developments wherein said
available for common use, without rental
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 Plan. Credit available will depend upon the
relation between the provided amenities and the stated park needs in the
plan.
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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 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
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Implementation. Where a park site is in accordance with the
Comprehensive 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 final plat 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 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 the 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
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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 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:
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.
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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.
Residential Building
Non -Single Family
Non -Residential
Year (.per unit)
Permit Fee
Residential Building
Per Fixture Unit*
Permit Fee
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
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.
Ordinance 2445
November 3, 2003 —
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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.
3. Number and Type of Chickens Allowed.
A. A maximum of six female chickens (hens) are allowed for each tract of land one half
(1/2) acre or less. For a tract of land greater than one-half (1/2) acre, an additional six
female chickens (hens) are allowed for each additional one-half (1/2) acre up to a
maximum of thirty (30) female chickens (hens).
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.
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 3`d day of August, 2020, and approved this 3`d day of August, 2020.
Attest:
Rebecca D. Schuett, City Clerk
Courtney Clarke, Mayor
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