HomeMy WebLinkAbout2002-11-18-Ordinance 2391_Land Subdivision Regulations, Parkland DedicationORDINANCE NO.2391
AN ORDINANCE TO AMEND SECTION 303.157,WAUKEE MUNICIPAL CODE,
PARK SITE DEDICATION REQUIREMENTS,OF THE CITY OF WAUKEE,IOWA,BY
DELETING SAID SECTION AND EACH SUBPARAGRAPH THEREOF,AND INSERTING
PARK SITE DEDICATION,RESERVATION OR PAYMENT PROVISIONS IN LIEU
THEREOF.
BE IT ORDAINED by the Council ofthe City of Waukee:
Section 1.Section 303.157,Waukee Municipal Code,Park Site Dedication,Reservation or
Payment in Lieu of Dedication,is hereby deleted,and there is inserted in lieu thereof the following:
§303.l57.Park Site Dedication,Reservation and Payment In-Lien-Of
Dedication.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 commnnity 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 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,or payment of money for park site acquisition 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.The procedure for determining whether the Subdivider or
developer is to dedicate or reserve land,or pay a fee,shall be as
follows: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).The developer
must then chose to either dedicate land to the City or make payment in
lieu of dedication.Staff will work with the developer to ensure that
dedicated land is useable and,where possible,ties into other park space
or a trail connection.
B.Determination of Land and/or Fees for Park,Recreation Areas,and Open
Spaces.
The amount of land or money required to be dedicated by a Subdivider pursuant to
this Article shall be a function of the following:
1.
2.
3.
Acres in development
Development capacity established by the development's zoning.
Number of people per unit in the City of Waukee,with differentiation
between single-family and multi-family residences.
The City of Waukee's desired level of service standard in acres of
neighborhood park per 1,000 persons.
]
4.
The following should be considered when determining what land shall be
dedicated when dedication is preferred by the developer.
1.The Waukee Comprehensive Development Plan
2.The topography,geology,access,and location ofland 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 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 of3.71 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
Persons/Park Fee/
Household Dedication
Low Density /Single Family
Mixed Density
High Density
Mobile Horne
5410
2183
1392
394
3
2.25
1.75
2.5
1
0.75
0.58
0.83
The munber of planned dwelling units of each type,multiplied by the appropriate
fee/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
fee/dedication is determined by household size and can be expressed as a I
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 3.71 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.Payment in Lieu of Dedication
The calculated acre demand will be used to derive the park fee when the
developer wishes to pay fees in lieu.All efforts will be made by the City of
Waulcee to determine fair price per acre for each park area.When possible the
City will enter into purchase or option contracts for future park areas so that price
per acre may be determined prior to subdivision or development.Because land
values differ within the City of Waukee and change over time this ordinance shall
not assign one specific rate for use to figure park fees (e.g.$40,000 per acre for all
dedications).
E.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 adj acent 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.
F.Number and Type of Units Designated
1.The Subdivider shall designate on the Plat map the maximum number of
dwelling units for the snbdivision.Subdividers of condominiums,
apartroent projects or cooperative projects shall designate the maximum
2.
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 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 unit type is not designated then that which
yields the highest subdivision population shall be used to determine
dedications and/or fees.
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 fees or dedication amounts will be
calculated and will be due before the changes can be approved.Should the
density be lowered a refund will be available for previous fees paid
provided they have not been expended for park acquisition or
improvement in that district.
)
3.
G.Credits and Deferment
1.Credit for Private Amenities:A credit may be issued up to the entire
amount of the required park fee 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 fee shall be determined by taking tile
total value of the recreational facilities and amenities provided within tile
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.
Recreational facilities and amenmes 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.
The value of the credited recreational facilities or amenities shall be
verified by the person or entity seeking the credit and shall be presented to
the City Council for acceptance prior to the granting of the credit by the
City.INocreditshallbegivenafter24monthsfromtilepaymentofthe
dedication fee.
2.Credits for Taxes Paid
a.When the City of Waukee uses money from its general fund to
cover the costs of park acquisition or improvement within a
particular neighborhood park district those developments within
that district may be eligible for a credit against as yet unpaid
dedication fees based upon taxes paid to the general fund.
b.When a park improvement is covered by the general fund,taxes
eligible for refund are those paid during the previous year.Funds
expended for improvement beyond what dedication fees are used to
cover are not eligible for refund.These improvements will
generally be provided for through use of the City of Waukee
General Fund.
Example:If a particular development pays $20,000 in taxes during
the previous year,this payment would be eligible if the City were
to expend general fund dollars toward the purchase or initial set up
of that developments neighborhood park.The taxes paid must first
be reduced in the proper proportion to reflect that amount directed
to the general fund.The amount expended by the City must then
be calculated as a percentage of the overall general fund.This
percentage of the taxes paid would then be eligible for refund.
80%oftaxes go toward the 2.3 million dollar general fuud
$20,000 taxes paid x 0.8 =$16,000
$50,000 expended in the neighborhood park
$50,00012,300,000 =0.0217
0.0217 x $16,000 =$347.20
3.Deferment for Residential Care Facility
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.
1
c.The owner of the property on which the Residential Care Facility is
to be constructed may enter into a written agreement with the City
of Waukee in order to defer the payment of the Parkland Fee until
such time that the Facility no longer meets the eligibility
requirements of this chapter.The agreement shall be recorded in
the Dallas County Recorder's Office.
At the time that the Facility ceases to meet the eligibility set forth
here,the owner of the property shall be responsible for payment of
the deferred fees.
H.General Regulations and Provisions
1.Use of Fee.Any fee levied and collected herein shall be deposited in a sub
fund of the General Fund of the City and shall be used exclusively for park
site acquisition andlor physical improvement of the Neighborhood Park
System.Funds received shall be used for acquisition or improvements of
that neighborhood park which services the area in question.The City
Treasurer shall at all times account for monies collected pursuant to this
Chapter,and shall upon request provide a complete accounting of receipts
and expenditures of the sub fund including interest received on said funds,
Any use of the sub fund by the Park Board shall be with the concurrence
of the City CounciL
2.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 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.
3.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 adj oining
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.
4.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.
5.Retroactive Enforcement.Those subdivisions that have not yet either
constructed park facilities or paid fees in lieu prior to the time of final
platting must make arrangement 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.
6.Enforcement
a.Failure to pay the proper fee by the time of [mal plat approval,or
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.
7.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 (l0)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.Public Hearings,The City Council shall upon the filing of an
appeal 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
healing 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.
c.City Council 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.
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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
there from to the District COUli of Dallas County,Iowa,in
accordance with the Rules of Civil Procedure,Division XIV,
entitled "Certiorari",
Section 2.Repealer,All ordinances or parts of ordinances in conflict with the provisions
of this ordinance arc 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,provision,or part thereof not adjudged invalid or unconstitutional.
Section 4.Effective Date,TIns ordinance shall he in effect upon its final passage,
approval and publication as provided by law.
Passed by the City Council ofthe City of Waukee,Iowa,this 18th day of November 2002,and
approved this 18th day of November 2002.
Mark D.Les ie,Mayor