HomeMy WebLinkAbout2004-01-05-Ordinance 2451_Parkland Dedication RequirementsORDINANCE NO.2451
AN ORDINANCE TO AMEND SECTION 303.157,WAUKEE MUNICIPAL
CODE,PARK SITE DEDICATION REQUIREMENTS,OF THE CITY OF WAUKEE,
IOWA,BY REPEALING SECTION 303.157 AND SUBSTITUTING IN LIEU THEREOF
SECTION 303.157 AMENDING PAYMENT IN LIEU OF DEDICATION;PROVIDING
FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF,AND PROVIDING
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH
BE IT ORDAJNED by the Council of the City of Waukee:
Section 1.Section 303.157,Waukee Municipal Code,Park Site Dedication,
Reservation and Payment in Lieu of Dedication,is hereby deleted,and there is inserted in
lieu thereofthe following:
§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 design of
the SUBDNISION 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.
1
B.Determination of Land Dedication for Park,Recreation Areas,and
Open Spaces.ITheamountoflandrequiredtobededicatedbyaSubdividerpursuantto
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.
2.
The Waukee Comprehensive Development Plan
The topography,geology,access,and location of land in the
subdivision that is suitable for the development of neighborhood
and community parks
The City's policies for development of neighborhood and
community parks
The size and shape of the subject property and land available for
dedication
The location of existing or proposed park sites and trails
I3.
4.
5.
The Comprehensive Plan section relating to parks describes the level of
service standards that the City of Waukee will pursue.Waukee seeks to
maintain a level of service of 3.71 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
Plan
Dwelling Units
Park
Dedi-
Persons!cation
Household
Low Density!Single Family
Mixed Density
High Density
Mobile Home
3 1
2.25 0.75
1.75 0.58
2.5 0.83
5410
2183
1392
394
The number of planned dwelling milts of each type,multiplied by the
2
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 of3.71 and the product divided by
1000 to yield the demand created in acres.
400 SFR units x 3 PersonslHousehold =1200 Persons
1200 x 3.71 =4452/1000 =4.452 Acres
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,but not limited to,full street improvements and utility
connections such as curbs,gutters,street paving,traffic control
devices,street trees,and sidewalks.
The following costs will be included in the dedication calculation:
On site improvements including grading,seeding and planting,
picnic area and shelter,connecting trails and parking.These costs
should be relatively constant and as such can be set out within this
ordinance to apply in all cases.$30,000 per acre shall be added to
each calculation to account for these items.
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 ofthe units.If the munber is not
designated,the total number of dwelling units shall be the
3
2.
maximum number of such units permitted by the Waukee
Comprehensive Development Plan,or existing zoning,whichever
is greater.
The Subdivider shall designate on the Plat Map the dwelling unit
type of each dwelling.If the dwelling milt type is not designated
then that which yields the highest subdivision population shall be
used to determine dedications.
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.
I
3.
F.Credits and Deferment
I.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 Plan.
Credit available will depend upon the relation between the
provided amenities and the stated park needs in the plan.
I
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 ofthis ordinance.
In order to receive deferment of the parkland dedication I
4
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
ofIowa 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,groommg,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 incapable of
travel outside the facility without personal assistance from
the staff;and
8.Residents receive transportation assistance limn the
facility on a limited basis for required activities such as
medical appointments.
G.General Regnlations and Provisions
1.Implementation.Where a park site is in accordance with the
Master Parks Plan or 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 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
5
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.1
2.Reservation of Park Site.When a Neighborhood Park System is
proposed within the City'S Master Parks Plan or 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
February 12,2002 shall be required to provide for park facilities
according to the schedule set forth in this ordinance.
J
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
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 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 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
7
Section 3 Severability Clause,If any section,provision or part of this
ordinauce shall be adjudged invalid or unconstitutional,such
adjudication shall not affect the validity of the ordinance as a
whole or any section,provision,or part thereof not adjudged
invalid or unconstitutional.
Section 4 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law,
Passed by the City Council of the City of Waukee,Iowa,this 5th day of January 2004,
and approved this 5th day of January 2004.
Attest:
]
j
8