ORDINANCE NO. 060733
Amending Chapter 66, Code of
Ordinances, by repealing Section 66-128, Parks, playgrounds and open space
areas, and enacting in lieu thereof a new section of like number and subject
matter to provide for dedication of land for park uses, or payment in lieu of
dedication for residential condominium plats. (141-S-24)
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 66-128, Parks, playgrounds and open space areas,
and enacting in lieu thereof a new section of like number and subject matter,
to read as follows:
Sec. 66-128. Parks, playgrounds and open
space areas.
(a) Definitions. As
used in this section, the following terms shall have the meanings given in this
subsection:
(1) Single-family
dedication means the number of acres calculated by taking the number of
single-family units to be included in the subdivision and multiplying that
number times 3.7 people per single-family unit and then taking the resulting
number and multiplying that number times 0.006 of an acre per person.
(2) Duplex
dedication means the number of acres calculated by taking the number of duplex
units to be included in the subdivision and multiplying that number times three
people per duplex unit and then taking the resulting number and multiplying
that number times 0.006 of an acre per person.
(3) Multifamily
dedication means the number of acres calculated by taking the number of
multifamily units to be included in the subdivision and multiplying that number
times two people per multifamily unit and then taking the resulting number and
multiplying that number times 0.006 of an acre per person.
(4) Required
parkland dedication means the number of acres calculated by adding together the
single-family dedication and the duplex dedication and the multifamily
dedication, as defined in this section.
(5) Current
year's price, for any given year, means the average cost per acre actually paid
by the city for all purchases of tracts of parkland of 49 acres or less,
whether through negotiation or condemnation, but excluding all acquisitions
wholly or partially obtained through gift, during the five calendar years
immediately preceding such calendar year.
(b) Dedication of land
generally.
(1) Subdivision
plats, including condominium plats, shall show
dedication of land for park uses at locations designated in the comprehensive
plan, or the official parks plan adopted by the board of parks and recreation
commissioners, or as determined by the subdivider and the staff of the city
development and parks and recreation departments, in the amount of the required
parkland dedication. When the required parkland dedication is less than four
acres, the city plan commission may require the open space to be located at a
suitable place on the periphery of the subdivision, so a more usable tract will
result when additional open space is obtained when adjacent land is subdivided.
In all cases, the developer will dedicate such approved park land to the city
for park purposes as a condition of final subdivision approval. All land to be
dedicated to the city for park purposes shall have the prior approval of the
board of parks and recreation commissioners, and shall be shown and marked on
the plat as "dedicated to Kansas City, Missouri, for park and recreation
purposes"; and the plat will be so endorsed by the president of the board
of parks and recreation commissioners.
(2) The
board of parks and recreation commissioners shall affix its approval to the
plat within three weeks of receipt of the certified legal description for the
property from the city engineer. Notwithstanding anything else contained in
this section, if the subdivider and the staff of the city development and parks
and recreation departments are unable to agree upon the location of the land to
be dedicated as required under this section, then as a condition of final
subdivision approval the subdivider will pay cash in lieu of dedicating land,
as required in subsection (c) of this section. Also, notwithstanding anything
else contained in this section, if the required parkland dedication is less
than two acres, then the city, at its option, elected at any time prior to
approval of the preliminary plat by the plats review committee or the city plan
commission based upon the election of the developer, may as a condition of
final subdivision approval require the subdivider to pay cash in lieu of
dedicating land, as required in subsection (c) of this section.
(c) Cash in lieu of land
dedication. Notwithstanding anything contained in subsection (b) of this
section, the subdivider, at the subdivider's option, which may be elected at
any time prior to approval of the preliminary plat by the plats review
committee or the city plan commission based upon the election of the developer,
may pay cash in lieu of dedicating open space. When the subdivider exercises
its option to pay cash in lieu of dedicating open space, the subdivider shall
deposit with the city treasurer for the parks and recreation acquisition or
development trust fund, prior to recording the subdivision plat, a cash payment
without recourse or the right of recovery equal to the required parkland
dedication multiplied by the current year's price for the calendar year in
which the preliminary plat is approved by the plats review committee or in the
alternative the city plan commission, less a credit based on the ratio that any
land actually dedicated for park purposes bears to the required parkland
dedication. Such funds paid to the city prior to May 1, 2003, shall be used for
the acquisition, development or improvement of a public park, generally within
one mile of the periphery of the subdivision for which they were paid by the
parks and recreation department. Such funds, and the interest therefrom, paid
to the city on or after May 1, 2003, shall be used for the acquisition,
development or improvement of a public park, generally within three miles of
the periphery of the subdivision for which they were paid, by the parks and
recreation department as authorized by the city Charter, within fifteen years
of the date the payment is received by the city; provided that any such funds
that are used for parks located more than one mile from the periphery of the
subdivision for which they were paid will not be used for a neighborhood park
as defined by parks and recreation department standards.
(d) Replats.
In the calculation of the dedication or payment in lieu requirement in (b) and
(c) above, an applicant for a replatting of property , including a condominium
conversion of existing residential units, shall be given credit for any units
for which a dedication or payment in lieu was previously made.
(e) Private development and
operation of recreational open space. The applicant may comply with the
requirements of this section to furnish land for recreational purposes by
providing an area which shall meet the minimum standards as required in
subsection (b) of this section, provided that such area shall be developed and
maintained by the subdivider or by the lot owners in the subdivision as private
property under a legal arrangement approved by the city counselor as adequate
to ensure its continued operation and maintenance.
(f) Quality of park sites.
(1) It
is the intent that land designated for park and recreational use be suitable
for such use and receive the approval of the director of parks and recreation
and the city plan commission.
(2) If
the subdivision is of such magnitude that the allocation for park open space
would exceed ten acres, the determination of one or more parcels shall be made
by the staffs of the city development and parks and recreation departments
subject to the approval of the city plan commission.
(3) The
park open space parcel shall be a cohesive whole but may be of irregular
outline or shape.
(4) The
developer may, with the concurrence of the parks and recreation department,
make as extensive improvements or provide recreational facilities as he may
desire. The developer shall improve the land to be dedicated as follows:
a. If
the required parkland dedication is four acres or less, provide within the park
area, as approved by the city plan commission, a play area of 20,000 square
feet with not more than a four percent gradient or which could reasonably be
graded to such.
b. If
the required parkland dedication is nine acres or more, provide a play and game
area within the park area of not less than 85,000 square feet with a maximum
gradient of four percent or which could reasonably be graded to such.
c. If
the required parkland dedication is between four acres and nine acres, provide
a proportionate share of game area.
d. Any
land within the park area disturbed by construction activity shall have the
tilth restored and the soil stabilized by appropriate vegetative cover.
(5) Each
park open space shall have frontage on a public street which the city plan
commission deems necessary to provide acceptable access to the open space from
a public street, taking into account the need for adequate frontage on a public
street and the amount of frontage reasonably required by the circumstances of
the particular open space. This frontage may serve as a corridor from the
public street to the main body of the park area which the city plan commission
deems necessary to provide acceptable access to the open space from the public
street. This corridor shall have a gradient adequate for pedestrian or vehicle
use.
(g)
Additional recreational reservations. The provisions of this
section are minimum standards. None of subsections (a) through (e) of this
section shall be construed as prohibiting a developer from dedicating or
reserving other land for recreation purposes in addition to the requirements of
this section.
Section 2. That
the Council finds and declares that before taking any action on the proposed
amendment hereinabove, all public notices and hearings required by the Zoning
Ordinance have been given and had.
_____________________________________________
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
___________________________________
Secretary, City
Plan Commission
Approved as to
form and legality:
___________________________________
M. Margaret
Sheahan Moran
Assistant City Attorney