This chapter 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:
1. 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 Commission and the Council as to all subdivisions. 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 Subsection 3 of this section). 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.
2. Determination of Land Dedication For Park, Recreation Areas, and Open Spaces.
A. The amount of land required to be dedicated by a subdivider pursuant to this chapter 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, with differentiation between single-family and multi-family residences.
(4) The City’s desired level of service standard in acres of neighborhood park per 1,000 persons.
B. 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 which are 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 will pursue. The City seeks to maintain a level of service of six and one half acres per 1,000 people. This figure reflects a continuation of the City’s existing standard. When possible, parcels should be aggregated to provide for neighborhood parks of approximately seven acres minimum in size.
3. 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 six and a half and the product divided by 1,000 to yield the demand created in acres. For purposes of this calculation, the projected population of residential land shall be calculated as follows:
A. For single-family residences: 3 persons per household.
B. For townhome residences: 2.25 persons per household.
C. For multi-family residences: 1.75 persons per household.
1. For purposes of illustration, if a development is projected to contain 100 single-family residences, the projected population for the development is 300 persons. The amount of land dedicated for parkland would be calculated as 0.0065 acre per resident times 300 projected residents which equals 1.95 acres.
2. 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 300 projected residents which equals 2.925 acres.
4. Site Improvements. In addition to the dedication of land, this chapter 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.
5. Number and Type of Units Designated.
A. 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.
B. 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.
C. If at any time the subdivider or developer wishes to change the density, they 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.
6. Credits and Deferment.
A. Credit for Private Amenities.
(1) 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.
(2) 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 relation between the provided amenities and the stated park needs in the plan.
(3) Recreational facilities and amenities which are to be considered in establishing a credit include, but are not limited to, swimming pools, wading pools, court game facilities, athletic field apparatus, and playground equipment.
(4) No credit shall be given after 24 months from the date of the dedication.
B. 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 chapter. In order to receive deferment of the parkland dedication requirements, a residential care facility must meet the following requirements:
(1) 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.
(2) The facility must provide the following care and have the following attributes:
a. Assistance in dressing, grooming, bathing, and other personal hygiene;
b. Assistance with taking medication;
c. Central storing and distribution of medication;
d. Arrangement of and assistance with medical and dental care, including transportation of residents to doctor or dentist appointments;
e. Supervision of resident schedules and activities;
f. Monitoring of food intake and special diets;
g. Designed for residents who are physically incapable of travel outside the facility without personal assistance from the staff; and,
h. Residents receive transportation assistance from the facility on a limited basis for required activities such as medical appointments.
7. General Regulations and Provisions.
A. 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.
B. 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.
C. 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 percent of the area within 500 feet of the proposed park.
D. 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, and mechanics’ and other liens.
E. Retroactive Enforcement. Those subdivisions that have not yet constructed park facilities prior to the time of final platting must make arrangements with the City to account for the park needs of the area. All subdivision plats initiated after the effective date of this section† 19 , shall be required to provide for park facilities according to the schedule set forth in this chapter.
F. Enforcement. Failure to construct improvements within the time set forth in this chapter shall result in the imposition of additional charges, as set forth in the resolution of the Council, as well as loss of any credits previously granted pursuant to this chapter.
G. Right of Appeal.
(1) 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 $35.00 payable to the City Treasurer to be credited to the General Fund of the City. Such appeal shall be taken within 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.
(2) 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 90 days.
(3) Public Hearings. The City Council shall upon the filing of an appeal and after review by the Planning and 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 members of the City Council may affirm, modify, or reverse any decision of any department acting under this chapter.
(4) Appeal to the District Court. Any person, entity, or developer aggrieved by any appeal decision of the City Council may within 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.”
Notes
| 19 | † EDITOR’S NOTE: This language was adopted by Ordinance No. 2965 on August 3, 2020. |
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