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Ordinance 1977-13
Is o ESS ' Uq F GP �T o G Q city of - Y t. ; K - v I f � ndall nt L 2unry . . E © Eb IN 9 The United City of the Village of Yorkville Land- Cash Contribution Ordinance /9 - 13 1 is 0_Ufl F 0 city L I K UJI I L, . L E6 e 0UN0E0 � � CITY of YORKVILLE County Seal of Kendall County MAYOR Leroy A. Thanepohn CLERK Olga L. Schneider TREASURER Marilyn J. Merkel ALDERMEN First Ward Frank Wolff Larry A. Beach Second Ward Dan Hanback Blaine Harker Third Ward Hershel D. Smith Roger Simmons Chief of Police Winfred Prickett Superintendent of Waterworks and Streets Elden Madden City Attorney Fred Dickson Prepared by: James Clarage & Associates AN ORDINANCE FOR THE CITY OF YORKVILLE TO PROVIDE FOR DEDICATIONS OF PARK LAND , SCHOOL SITES OR FUNDS OR ITS EQUIVALENT IN LIEU THEREOF WHEREAS, in recent years the City of Yorkville has experienced a rapid population increase due principally to the subdivision and planned unit development of vacant land within the jurisdiction of the City ; and WHEREAS, a planning study has indicated that such population growth will accelerate during the next ten years resulting in the rapid disappearance of available land and the marked increase in land values ; and WHEREAS, the City has found that healthful, productive community life depends in part on the availability of recreational and park space and adequate school facilities ; and WHEREAS, it is hereby found and determined that the public interest, convenience, health, welfare and safety requires that a minimum of 6.5 acres of land for each 1 ,000 persons residing within this City be devoted to park and recreational purposes ; and WHEREAS, it is hereby found and determined that the public interest, convenience, health, welfare and safety require the establishment of school sites within the City in accordance with the following criteria which is consistent with the minimum site recommendations of the Office of the State Superintendent of the Illinois Office of Education and the School Districts operating within the jurisdiction of the City: 600-capacity elementary schools on eleven ( 11 ) acres 6Hand. (Illinois Office of Education Standards - minimum of five (5) acres plus an additional acre for each 100 pupils of predicted enrollment) . 750-capacity junior high schools on twenty-eight (28) acres of land. (Illinois Office of Education Standards - minimum of twenty (20) acres plus an additional acre for each 100 pupils of predicted enrollment or an appropriate number of acres per 100 pupils of predicted enrollment) . 1 ,500-capacity high school schools on forty-five (45) acres of land. (Illinois Office of Education Standards - minimum of thirty (30) acres plus an additional acre for each 100 pupils of predicted enrollment) ; and WHEREAS, demographic studies of the residential portions of a proposed subdivision or planned unit development can be readily and scientifically conducted to determine the number of elementary and secondary school-age children and adults to be generated therefrom, and provide a method whereby the required dedications of land directly attributable to the activity of the sub-divider-developer and the proposed subdivision or planned development may be calculated ; and WHEREAS, it has been found and determined that the location of park and recreation and school sites to serve the immediate and future needs of residents and children of each new subdivision, mobile home park, or planned unit development is just as essential to proper land development as are streets , water, sewers and sidewalks , and to that end the City of Yorkville has determined that the dedication of land for park and recreation and school sites or cash contributions in lieu of actual land dedication (where the latter is deemed impractical) or a combination of both, shall be required of each subdivider, or developer of a planned unit development. NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YORKVILLE , KENDALL COUNTY, ILLINOIS , as follows : i 11 11 11 SECTION 1 Dedication of Park Lands and School Sites or For Payments of Fees in Lieu Thereof As a condition of approval of a final plat of subdivision, or of a final plat of a planned unit development, each subdivider or developer will be required to dedicate land for park and recreational purposes and land for school sites, to serve the immediate and future needs of the residents of the development, or cash contribution in lieu of actual land dedication or a combination of both at the option of the City, in accordance with the following criteria and formula: A . Criteria for Requiring Park and Recreation Land Dedication. 1. Requirement and Population Ratio. The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement shall be 6. 5 acres of land per 1 ,000 of ultimate population in accordance with the following classifications : Types of Minimum Acres Per Recreation Area Size Range 1, 000 People (a) Play Lot Minimum 8,000 Sq. Ft. Not Applicable (b) School-Park (Neighborhood Playground) Minimum Park of 5 Acres 1 .25 (c) Neighborhood Park Minimum 3 '/2 Acres 1 .0 (d District-Wide Park Minimum 4 Acres or Play Field up to 30 Acres 1 .25 (e) Community Wide Minimum 12 Acres Recreation Park up to 30 Acres 3. 0 Total 6.5 Acres of Land per 1 ,000 People 2 . Credit for Private Open Spaces and Recreation Areas. When subdividers or developers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the size of the development a portion of the park and recreation area in subdivisions or planned unit developments may, at the option of the City Council, be provided in the form of "semi-private" * open space in lieu of dedicated "public" open space. The extent of same shall be determined by the City Council based upon the needs of the projected residents, and in conformance to the total park and recreation land for the general area. i * A semi-private open space would be described as a "mini-park area" within a development and used primarily by the residents of that development. -2- i In general, a substitution of semi-private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities , including equipment by the developer as part of his obligation. Detailed plans of such areas , including specifications of facilities to be installed must be approved by the City, and before any credit is given for private recreation areas, the subdivider or developer must guarantee that those semi-private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents. Private "swimming clubs" are included in this provision. A copy of "Suggested Criteria for Swimming Pool Development" as adopted by the Yorkville City Council shall be used for the guidance of the developer. When an adjustment for private recreation areas is warranted , it will be necessary to compute the total park land dedication that would have been required from the subdivision or planned unit development and then subtract the credit to be given. B . Criteria for Requiring School Site Dedication. 1 . Requirement and Population Ratio. The ultimate number of students to be generated by a subdivision or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites . The land dedication requirement shall be determined by obtaining the ratio of: (a) estimated children to be served in each such school classification over the (b) maximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to the (c) said minimum recommended number of acres for a school site of each such school classification as stated herein. j The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children in each such school classification. 2 . School Classifications and Size of School Site. School classifications and size of school sites within the City shall be determined in accordance with the following criteria: Minimum Number of Maximum Number of Acres of Land for Each School Classification Students for Each Such School Site of Such by Grades School Classification Classification if Elementary Schools Grades- Kindergarten through 6th 600 Students 11 Acres Junior High Schools Grades 7th through 8th 750 Students 28 Acres High Schools Grades 9th through 12th 1 ,500 Students 45 Acres 3 . Location. II The Comprehensive School Plan and/or the appropriate standards adopted by the affected School District shall be used as a guideline in locating sites. A 1 large map of the school district, identifying the general vicinity planned for k future school sites will be located in the school district's office. li C . Criteria for Requiring a Contribution in Lieu of Park and School Sites . Where the development is small and the resulting site is too small to be practical or when the available land is inappropriate for park and recreational purpose or a school site, the City shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required . The word small in this section is defined as a total number of proposed dwelling units that will produce less than the maximum number of students for one school of each school classification as set forth in Section 2 . School Classifications and Size of School Site. The cash contributions in lieu of park and recreation land dedication shall be held in trust by the City, or other public body designated by the City, solely for the acquisition of park and recreation land as hereinbefore classified, which will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing local park and recreation land which already serves such needs. The cash contributions in lieu of school sites shall be held in trust by the City, or other public body designated by the City, solely for use in the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision or development or for the improvement or expansion to any existing school site which already serves such needs, but not for the construction of any school buildings or additions thereto. If any portion of a cash contribution in lieu of park and recreation land dedication, or cash contribution in lieu of school site is not expended for the purposes set forth herein within ten years from the date of receipt, it shall be refunded to the developer who made such contribution. 1 . Fair Market Value. The cash contributions in lieu of land shall be based on the "fair market value" of the acres of land in the area improved that otherwise would have been dedicated as park and recreation and school sites. It has been determined that the present "fair market value" of such improved land in and surrounding the City is $15,000.00 per acre and such figure shall be used in making any calculation herein unless the subdivider or developer files a written objection thereto. In the event of any such objection the developer shall submit an appraisal showing the "fair market value" of such improved land in the area of his development or other evidence thereof and final determination of said "fair market value" per acre of such improved land shall be made by the City Council based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the School District or others. 2 . Criteria for Requiring Dedication and a Fee. There will be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions will arise when: (a) Only a portion of the land to be developed is proposed as the location for a park or school site. That portion of the land within the subdivision falling within the park or school location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated ; (b) A major part of the local park or recreation site or school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required -4- by dedication, and a cash contribution in lieu thereof shall be required. D . Density Formula. The attached table, marked as Table No. 1 , the same being an Estimated Ultimate Population Per Dwelling Unit, is generally indicative of current and short range projected trends in family size for new construction and shall be used in calculating the amount of required dedication of acres of land or the cash contributions in lieu thereof unless a written objection is filed thereto by the subdivider or developer. In the event a subdivider or developer files a written objection to the Table of Estimated Ultimate Population Per Dwelling Unit, attached hereto, he shall submit his own demographic study showing the estimated additional population to be generated from the subdivision or planned unit development and in that event final determination of the density formula to be used in such calculations shall be made by the City Council, based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the School District or others . It is recognized that population density, age distribution and local conditions change over the years, and the specific formula for the dedication of land, or the payment of fees in lieu thereof, as stated herein is subject to periodic review and amendment if necessary. E . Reservation of Additional Land. Where the School District' s comprehensive plan or the standards of the City call for a larger amount of park and recreational land or school sites in a particular subdivision or planned unit development than the developer is required to dedicate, the land needed beyond the developer's contribution shall be reserved for subsequent purchase by the City or other public body designated by the City, provided that such acquisition is made within one year from the date of approval of the final plat. F. Combining with Adjoining Developments. Where the subdivision or planned unit development is less than 40 acres, public open space or a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas or school sites without hardship on a particular developer. G. Topography and Grading. The slope, topography and geology of the dedicated site as well as its ' I surrounding must be suitable for its intended purposes. Grading on sites dedicated for park and recreational uses shall not differ :greatly from surrounding land. H . Improved Sites. All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor. The sidewalks and trees normally included within the definition of "improved" sites may be deleted due to the delay time between dedication of any such school site and construction of school facilities thereon. I. Time of Conveyance or Payment. The subdivider or developer shall convey to the respective school districts the land required under this agreement within thirty days after any subdivision plat or final plat of a planned unit development is recorded in the County Clerk ' s office , or a conditional use permit is granted by the City Council. All improvements shall be completed within such time as required by the City. A subdivider, developer or builder shall make each cash contribution required under this ordinance directly at the Administrative Offices of the School District wherein the development, subdivision or building is located. Said School District shall issue a receipt as evidence of said payment. The City will not issue the Certificate of Occupancy to the subdivider, developer, or builder without said receipt of payment. SECTION 2 \ The dedications of land or cash contributions in lieu thereof required by this Ordinance shall also be required as a condition to the annexation of any land to the City and provisions therefor shall be incorporated in any pre-annexation agreement governing such land. SECTION 3 This Ordinance shall be applicable only to building lots, as defined by the present Building Code and Zoning Ordinance, created by a division of an existing tract or parcel of land or by platting subsequent to the effective date of this Ordinance. SECTION 4 If any provisions of this Ordinance, or the application thereof to any person or { circumstances, is declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect other provisions or applications of this Ordinance, which can be given effect without the invalid provision or application thereof, and to this extent the provisions of this Ordinance are declared to be coverable. SECTION 5 That this Ordinance shall be in full force and effect from and after its passage as provided by law and shall be published in pamphlet form by authority of the City Council of the City of Yorkville. PASSED this 1st day of December, 1977. Olga L. Schneider City Clerk SIGNED and APPROVED this 1st day of December, 19;,77. LeRoy E . Thanepohn Mayor i -s- i PARK & RECREATION FACILITIES SUMMARY & CONCLUSIONS 1 . Within the BACKGROUND REVIEW Sheet, the following Standards were concluded for Park & Recreation Areas: Local & Urban . . . . . . . . . . . . . . . . . . . . . . . . 10 Acres / 1 ,000 Persons Regional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Acres / 1 ,000 Persons TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Acres / 1 ,000 Persons 2 . For the purposes of this study, the regional requirements will be omitted because they are currently being met or will be met by the County and State. 3 . The remaining area requirements are therefore — Local & Urban . . . . . . . . . . . . . . . . . . . . . . . . 10 Acres / 1 ,000 Persons 4. Taking into account the Yorkville area, with its many existing open space facilities, the above Standards could be reduced if the quality of new recreational sites would remain high. The recommendation for minimum acceptable recreation space should be: Yorkville Area . . . . . . . . . . . . . . . . . . . . . . . . 6.5 Acres / 1 ,000 Persons 5 . This amount of 6.5 acres per 1 ,000 persons is recommended for the public welfare and developments within the community. It is also noted that this Standard of 6.5 acres has also been determined by other communities after careful study and that the City of Yorkville is not requesting or adopting Standards which are contrary to Municipal Recreation Standards. BACKGROUND REVIEW !1 . STANDARDS FOR GROSS RECREATION ACREAGE A . THE GENERALLY ACCEPTED STANDARD For Recreation Space . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Acre per 100 Persons 10 Acres per 1 ,000 Persons B . THE NATIONAL RECREATION ASSOCIATION Recommends Higher Standards For Smaller Communities: 1 ,000 to 2 ,500 . . . . . . . . . . 1 Acre per 50 Persons 20 Acres per 1 ,000 Persons Under 1 ,000 . . . . . . . . . . . . 1 Acre per 40 Persons 25 Acres per 1 ,000 Persons C . In Addition, NATURAL PRESERVES* should comprise extra space at . . . . . . . . . . . . . . . . . . 1 Acre per 50 Persons 20 Acres per 1 ,000 Persons _7_ D . THE TOTAL RECREATION SPACE Standards are. . .Local & Urban Areas . . . . . . . . 10 Acres per 1 ,000 Persons Regional Areas . . . . . . . . . . . . . . 20 Acres per 1 ,000 Persons TOTAL . . . . . . . . . . .) . . . . . . . . 30 Acres per 1 ,000 Persons E . FIFTY PERCENT (50 % ) of all Urban Recreation Acreage should be devoted to Active Recreation Use . SOURCES: Administration of Parks and Recreation - Krause National Recreation Association Recreation Areas : Their Design and Equipment - Butler Standards for Municipal Recreation Areas - Recreation/Butler Introduction to Community Recreation - Butler Guide for Planning Recreation Parks in California Mandatory Dedication of Land or Fees - In Lieu of Land for Parks and Schools - M .E. Brooks Analyzing the Impact of Development - Urban Land Institute * NATURAL PRESERVES include forest preserves, green belts, regional parks and open space. PARK & RECREATION FACILITIES CALCULATION SUMMARY — FIRST YEAR COSTS METHOD YEAR 1995 DESIGN POPULATION FORECAST . . . . . . . . . . . . . . . . 20,000 PRESENT POPULATION OF STUDY AREA . . . . . . . . . . . . . . . . . . . . 8,600 ESTIMATED INCREASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . = 11 ,400 People TOTAL COST INCREASES ( 1995 DESIGN) Land Purchases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 , 111,500.00 Building Facilities & Site Improvements . . . . . . . . . . . . . . . . . . 1,319,700.00 First Year Operating Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96,000.00 COST INCREASE TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . _ $2,527,200.00 COST PER PERSON $2,527,200 - 11,400 People . . . . . . . . . . . . . . . . . . . . . . . . _ $221 . 70/Person COST PER SINGLE FAMILY HOUSE 3.7 People/Unit X $221 . 70/Person . . . . . . . . _ $820.20 Per S. F. House COST PER APARTMENT UNIT 2. 1 People/Unit X $221 . 70/Person . . . . . . . . . . . . _ $465.60 Per Apt. Unit. RECOMMENDED CASH OR LAND CONTRIBUTION SINGLE FAMILY HOUSE CONSTRUCTION 45 % + /- of $820.20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ $369.00/Unit MULTI-FAMILY UNIT CONTRIBUTION 45 % + /- of $465 .60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ $209.00/Unit i 'i va a0 Q � a as way 00R Q F` SH 8 pp p to u 0 `� i nG L ug .a io .L C O o o O p r� O C� .'3 ° �'` � 'r •r -r ri .i o �-_ ri o o� n i O N C 4 •� r ro x vX v k n ✓ 4 � ... 0. a ac 4 WW zi n 3 ro g n, <. w x w w U U g � p� EH eon v � •° w k O O w y c ry N N Oa � I 8885 & Sg 8 SIBS8S o $, c p o mp C5 In In m m io p i ins �n �n m c '� -� u 'Nkt7 Nu �N •� •c=Ni 'J I I 1 t�C FJ I NU 1 •u W I ��y ��y ry C a L u N L N N L Y v ° rn o0 0000 0 0 00o � 0 00 ,o o0 0 wY. 4. ... 4. w Y. ww ... 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