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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. 2 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. 1 ~ 3 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 4 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. • 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. 5 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". 6 ,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: