ORDINANCE NO. 030224
Amending Chapter 66, Code
of Ordinances, by repealing Section 66-128, Parks, playgrounds and open space
areas, and enacting in lieu thereof one new section of like number and subject
matter which will alter the requirements related to cash in lieu of land
dedication.
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 one 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 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
ten years of the date the payment is received by the city.
(d) 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.
(e) 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.
(f) 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.
_____________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney