HomeMy WebLinkAbout1992-02-03-Ordinance 2151_Land Subdivision Regulations, Parkland DedicationORDINANCE NO.2151
AN ORDI~~CE TO AMEND CHAPTER 303,WAUKEE,MUNICIPAL CODE,
PARK SITE DEDICATION,RESERVATION OR PAYMENT IN LIEU OF DEDICATION
ORDINANCE,SECTION 303.184.AN ORDINANCE PROVIDING PARK LAND
.DEDICATION TO THE CITY OF WAUKEE,IOWA,IN SUBDIVISIONS AND SITE
PLANS.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.Chapter 303.184 of Chapter 303 Waukee Municipal
Code,is hereby amended by deleting S303.184 and inserting in lieu
thereof as follows:
S303.184.Park Site Dedication,Reservation or Payment In-
Lieu-Of Dedication.As a condition of approval of a final plat of
subdivision or a site plan,each subdivider or developer shall be
re~lired 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 UlHT
DEVELOPMENT (PUD),dedication of land,or payment of
money for park site acqufsLt.Lon and/or physical
improvement of the neighborhood park system shall be
re~ired 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 Planning and Zoning Commission,the owner
or developer of the property shall,as a part of
such filing,indicate whether said owner or
developer desires to dedicate or reserve property
for open space and recreational purposes,or pay a
fee in lieu thereof.If the owner or developer
desires to dedicate or reserve land for this
purpose,said owner or developer shall designate the
area thereof on the preliminary plat or site plan
as submitted.
2.Action of City.At the time the preliminary plat
or site plan is approved by the City Council,the
Council shall determine as a part of such approval
whether to re~ire a dedication or reservation of
land within the subdivision or development,or
payment of a fee in lieu thereof.Provided,
however,the City shall determine which land shall
apply to the dedication or reservation and the
requirements contained herein.
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B.Dedication of Land for Park,Recreation Areas,and Open
Space.The amount of land or money required to be
dedicated by a subdivider pursuant to this Article shall
be based on the net area included in the subdivision (net
area being all land including streets,right-of-way,and
public or private easements),determined by the formula
contained in this subsection.
The amount of park land dedication shall be
determined by the following formula:
Residential Uses:
Minimum Lot Area Per Unit Percentage of
Total Land Area
25,000 sq.ft.to 40,000 sq.ft.3%
or greater
8,000 sq.ft.to 24,999 sq.ft.5%
2,399 sq.ft.to 7,999 sq.ft.10%
C.Payments in Lieu of Dedication.Whenever a parcel of
land within the City,except in A-1 Agricultural
District,is to be subdivided and presented to the City
for residential development purposes,and the City has
elected to receive fee payments rather than land
dedication,the fees shall be computed as follows.
1.The developer shall pay $100.00 per acre.
2.Concurrently with final plat approval of a
residential subdivision within the City,a fee
payment shall be paid,based upon the type and
number of dwelling units to be constructed according
to the following schedule:
A.Detached Single Family Units:$200 per unit
B.Attached Single Family Units:$150 per unit
C.Apartment Units:$75 per unit
3.Credit for Private Amenities:A credit of not to
exceed 25%of the total dedication fee due under
Section 303.184(C)(2)herein may be granted by the
City for permanent recreational facilities and
amenities in private developments wherein said
facilities and amenities are available for common
use,without rental charge,by residents within the
development.
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The credit against the dedication fee shall be
determined by taking the total value of the
recreational facilities and amenities provided
within the private development which are for common
use,without rental charge,by residents within the
development.
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 but shall not include the value
of any land where the facilities and amenities are
located or any open recreational spaces.
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.
No credit shall be given after 24 months from the
payment of the dedication fee required under Section
303.184(C)(2).
4.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 and/or physical improvement of the
Neighborhood Park System.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 City Council
shall be with the concurrence of the City Council.
s.Implementation.Where a park site is within a
Sketch Plan of a P.U.D.or a Master Site Plan in
accordance with the Master Parks 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
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6.
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.
Reservation of Park Site.When a Neighborhood Park
System is proposed within the City's Master Parks
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.
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7.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.
8.Retroactive Enforcement.When a Planned Unit
Development has not been completely developed prior
to enactment of this Chapter,the following
provisions shall govern.
A.The fee payments as required herein shall be
waived provided the Developer has dedicated at
least 5%of the total land area within the
development to the City for public park use.
B.If less than 5%of the total land area within
the development has been dedicated by the
Developer to the City for public park use,then
the Developer shall be required to pay a fee
based upon the difference of the percentage of
the acres of land dedicated to the City to 5%
of the total land area within the development.
Where there is a deficiency of land less than
5%not so dedicated within the development for
public park use,a fee shall be paid by the
developer to the City based upon the current
fair market value per acre of the deficient
land not so dedicated.Current fair market
value per acre shall be determined by using the
undeveloped land remaining in the development
excluding any improvements.
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The fee shall be paid when directed by the City
Council.
9.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
$100 payable to the City Treasurer to be
credited to the General Fund of the City.Such
appeal shall be taken wi thin 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.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 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.
C.City Council Review.Prior to the public
hearing on appeal before the City Council,the
Commission shall review the decision of any
uepar~~ent acting under this Chapter and shall
make a recommendation to the City Council for
consideration at the public hearing.
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
rendering a decision,appeal therefrom to the
District Court of Dallas County,Iowa,in
accordance with the Rules of Civil procedure,
Division XIV,entitled "Certiorari".
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,Section 2.
after its final
law.
Effective Date.This ordinance shall be in effect
passage,approval,and publication as required by
Passed by the Council the 3rd day of February,1992,and approved
this 3rd day of February,1992.
MAY 0 R
Attested: