97-9832 Subdivision Regulations..
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ORDINANCE NUMBER 97-9832
AN ORDINANCE PROVIDING FOR THE ADDITION OF SECTION
1 TO CHAPTER 36 OF THE SALINA CODE PERTAINING TO SUBDIVISION
'FULATIONS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 36-81 of the Salina Code is hereby added to read as
"Sec. 36-81. Dedication of public park land.
(a) General requirement. In subdividing or resubdividing land
zoned and intended for residential use, the developer shall dedicate
or reserve land for public park purposes, or pay a fee in lieu of
dedication, or select a combination of dedication and a fee. The
method chosen to meet this requirement shall be determined by the
developer with consideration given to the standards set out in these
regulations and the recommendation of the parks and recreation
advisory board. Provided however, the board of commissioners shall
not be obligated to accept a dedication or reservation of land even if
the final plat approved by the planning commission includes a
dedication or reservation.
(b) Amount of dedication. The number of acres of land
required to be dedicated or reserved shall be determined from the
following table, which is based on the density of development as
permitted by the zoning of the property being subdivided. The area
required to be dedicated or reserved shall be exclusive of all street
rights-of-way and drainage detention pond easements.
Zoning of Area
RS
Residential Suburban
R, R-1
Single-family Residential
R-2
Multi -family Residential
R-2.5
Multi -family Residential
R-3
Multi -family Residential
PDD
Residential
Percent of Total Land Area
Being Subdivided to be
Dedicated or Reserved for
Park Purposes
2 percent
5 percent
6 percent
8 percent
10 percent
2-10 percent
(c) Location and design standards. Any land dedicated or
reserved shall conform with the Comprehensive Plan of the city and
be consistent with the plans and policies of the parks and recreation
advisory board. The location, size and configuration of the land to
be dedicated or reserved shall be determined by the design of the
streets, lots, and blocks of the subdivision with consideration given
to the preservation of natural physical features.
All lands to be dedicated or reserved shall meet the following
standards, unless a variation or exception is granted as provided in
Section 36-10:
(1) No dedications or reservations shall be accepted from
subdivisions of tracts containing less than twenty (20) acres.
(2) The dedicated tract shall contain not less than two (2)
contiguous acres and be a minimum of two hundred (200) feet
at the narrowest dimension.
(3) The dedicated tract shall have at least two hundred (200) feet
of street frontage and be easily accessible to residents of
adjacent subdivisions. Consideration shall be g ven to placing
parks where they can be added to by future subdivisions.
(4) At least fifty percent (50%) of the dedicated tract shall have a
grade of less than four percent (4%). The balance may consist
of steep slopes, streams, ditches, lakes or other natural
features.
(5) Natural features such as wooded areas, streams, oxbows, and
other natural assets shall be preserved whenever possible.
(d) Payment in lieu of dedication. In the event the land to be
dedicated or reserved is less than the amount of acreage required or
the land does not meet the location and design standards, the
payment of a fee in lieu of dedication shall be required. The fee
shall be based on the total number of dwelling units permitted within
the subdivision times a fee schedule for each dwelling unit type.
Said fee schedule shall be as established by Ordinance Number -97-
9847 and any amendments thereto.
Any fees collected shall be placed in a Neighborhood Park
Account and used for improvement of neighborhood parks including
acquisition of land. Such fees must be used for land and facilities
that will be located in the neighborhood park service area of the
subdivision from which the fees were collected. A record of fees
paid into and expended from the fund, shall be kept by the city. In
the event funds have not been expended on such purposes within
Fifteen (15) years from the date received then the fees shall be
refunded in the following manner:
(1) If paid in full at the time of platting, to the
developer.
(2) If paid at the time of the building permit,
to the record property owner at the time of
the refund.
(e) Creditor private open space. Private open space for park
and recreational purposes within a roposed development may be
credited for up to fifty percent 50%) of the requirement for
dedication of public park land or payment of a fee in lieu thereof
provided that the following standards are met:
(1) That yards, setbacks and other open areas required by zoning
and building regulations shall not be included in computing the
area set aside as private open space.
(2) That the private open space shall be reasonably useable for
park and recreation purposes.
(3) That the private open space shall be perpetually restricted for
park and recreation purposes by recorded plat or restrictive
covenant.
(4) That the private open space shall be permanently owned and
maintained by the owner of the development or by a legally
established homeowners association.
(f) Indication on preliminary plat. At the time of preliminary
Plat submittal, the developer shall indicate whether a dedication of
and or a fee in lieu of dedication is being proposed. Any land
proposed to be dedicated shall be shown on the preliminary plat.
The proposed plat shall be referred to the parks and recreation
advisory board for review and recommendation.
(g) Prerequisite for final plat approval. When land is being
dedicated it shall be shown on the final plat and marked "Dedicated
for Public Park Purposes". Such dedications shall not be effective
until the dedication has been specifically accepted by the board of
commissioners.
When a fee in lieu of dedication is required, total payment
shall be made prior to final plat approval by the board of
commissioners or, at the option of the developer, payment may be
made at the time of issuance of a building permit on each individual
lot. In the latter case, the fee shall be in accordance with the fee
schedule referenced in section (d).
(h) Reservation of park land. In some cases, the board of
commissioners may determine that the reservation of park land for
future dedication is more appropriate than immediate dedication of
such land. In such cases, the land to be reserved shall be shown on
the final plat and marked "Reserved for Public Park Purposes" and a
covenant shall be written on the recorded plat indicating the latest
date, time and manner in which dedication shall occur. Such future
dedications shall be at no cost to the city except for the
reimbursement of any costs paid by the owner for street, utility,
drainage, and other public improvements benefitting the reserved
land.
(i) Effective area. The requirements herein shall apply to all
lands within the city limits or being annexed into the city limits
concurrent with subdivision approval lying south and east of a line
described as follows: beginning where Magnolia Road extended
intersects the western boundary of the city; thence easterly along
Magnolia Road to Ninth Street; thence northerly along Ninth Street
to Cloud Street; thence easterly along Cloud Street to Ohio Street,
thence northerly along Ohio Street to Crawford Avenue; thence
easterly along Crawford Avenue to the Smoky Hill River; thence
northerly along the Smoky Hill River and cutoff channel to the
northeastern boundary of the city.
Section 2. That this ordinance shall be effective from and after its publication
once in the official city newspaper.
{SEAL}
ATTEST:
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D. Loit, CMkC, City Clerk
Introduced:
Second Reading:
Amended First Reading
Passed:
October 6, 1997
November 24, 1997
December 8, 1997
December 22, 1997
Peter F. Brungardt, Vice -M yor