ORD 00-007ORDINANCE O0 - 07
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 1008.18 OF THE CITY CODE OF ORDINANCES
CASE NO. OA 00-1
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 1008.18 of the City of Elk River Code of Ordinances
shall be amended to read as follows:
In every plat, replat or subdivision of land to be developed for
residential, commercial, or industrial uses, or as a planned unit
development which includes such uses or any combination thereof,
it is reasonable to require that an amount of land equal in value
to ten percent (10%) of the undeveloped land proposed to be
subdivided shall be set aside and dedicated by the tract owner or
owners to the City for parks, playgrounds, trails, or public open
space.
If the City Council, in its sole discretion, determines that
the land proposed to be dedicated is unsuitable for parks,
then the tract owner or owners shall contribute to the City,
in lieu of park land dedication, an amount of cash not to
exceed the fair market value of the undeveloped land
required to be dedicated, as the City Council shall
determine by resolution from time to time.
Previously platted Residential Property on which park
dedication has not been received by the City, being
replatted with the same number of lots and the same number
of dwelling units, shall be exempt from all park land
dedication requirements. If the number of lots or the
number of dwelling units is increased, then park dedication
shall be made based on the number of additional lots or the
number of additional dwelling units.
Prior platted Commercial and Industrial land on which park
dedication has not been received by the City, being
replatted with the same land area, shall be exempt from all
park dedication requirements. If land area is being added
to a previously recorded plat, then additional park
dedication requirements shall be based on the additional
land being added.
Any monies paid to the City in lieu of park dedication shall
be placed in a special fund and used only for the
acquisition of land for parks, playgrounds, trails, public
open space; for the development of such areas and sites; and
for debt retirement in connection with land previously
acquired or developed for such public purposes. Any monies
specifically paid to the City for trails shall be used only
for the acquisition of land for trails and for the
development of such land.
For purposes of this Ordinance, ~fair market value of the
undeveloped land" is defined as the fair market value of the
land within such plat, replat, or subdivision as of the date
7 o
o
10.
11.
12.
the plat, replat, or subdivision is presented to the City
Council for approval of the final plat, as determined by the
City Assessor in the same manner as he determines the fair
market value of land for tax purposes.
In addition, in every plat, replat, or subdivision of land,
the land required for public streets, regional storm water
holding ponds and wetlands shall be set aside and dedicated
on the plat by the owners to the City for these purposes.
These areas will not be credited towards park dedication
requirements.
The suitability of land proposed to be dedicated for park
and recreational purposes shall be determined by reference
to the following criteria:
a) reasonably located and suited for its intended use.
b)
shall have frontage on public or private roads as
determined by the City.
c)
size, shape, topography, geology, hydrology, tree
cover, access, location.
d)
consistency with the goals and objectives of the
Master Park and Recreation Plan.
As part of the subdivision or plat approval, the tract owner
or owners shall be responsible for making certain
improvements to land dedicated for park, trail and public
open space purposes including, but not limited to, finish
grading, ground cover, construction of trails and clearly
identifying park and trail boundaries with City approved
markers.
Park dedication credit shall not be granted for the
construction of recreational facilities unless specifically
approved by the City Council. The submission for review by
staff and the Park and Recreation Commission shall include
an estimate of installation costs, equipment specifications
and a site plan. The Park and Recreation Commission shall
review such improvements for appropriateness with the Park
and Trail Master Plan.
As part of the application procedure at the time of
preliminary plat, the tract owner or owners are encouraged
to confer with City staff and the Park and Recreation
Commission to secure a recommendation as to the location of
any property that should be dedicated to the public for park
and recreation purposes.
As part of any park dedication of land, a survey at a scale
of 1 inch = 50 feet shall be provided with topographic data,
based on City datum, including contours at vertical
intervals of at least (2) feet, water courses, wetland,
marshes, rock outcrops, easements, utilities and vegetative
data. This data shall also be provided in a format, which
is readable, by Arc View GIS. Portions of any property
dedicated to the public for park and recreation purposes to
be used for borrow and fill activities elsewhere in the
development shall be clearly identified.
Section 2. That this ordinance shall take effect upon publication as
provided by law.
Passed and adopted by the City Council of the City of Elk River this ~day of
March, 2000
Mayor
Sandra A. Peine
City Clerk
L....-____ __ -
.
fida · t of Publication
STATE OF MINNESOTA )
)ss.
COUNlY OF SHERBURNE)
~ \ \~Q D-e'10 \-\ 0 \( r- \ S
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
A) The newspaper has complied with all the
requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02,
331A.07, and other applicable laws, as amended.
B) The printed l)y 0\ \\ ()JY~~
00- 0'\
"r
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for \ successive weeks; it was first l?ublished
on Wednesday, the 9910 day of m Q-.Y--C Y\ ,
20 00 , and was thereafter printed and published every
Wednesday to and including Wednesday, the
day of ,20_; and printed below
is a copy of the lower case alphabet from A to Z, both
inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication
of the notice.
,;,ll~.
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o'tl
V1?,1,l!\ .., _ pl~~t~d,Re:ai~en~i~I:
on.~ ichpark 'i:ledica" '
'.;. i9nJ:-ta.~Ilot.l>e , n r~!llJivedl>y the City,
. t.e ..; ;with thea3.!1l~.n1,lIl1-
. .... .~"l;j.lJm~~r9{
)'V~ , ,. 'exempt frl>.Ill :
alF4p~r . 'nli(h.. 'fl{J(idi~3.tibi\lrccllequirf";
Illellts: If the nuIl1l>erof lots or the'
n1,lm-l:>er of4we ling units is increased,
then pa.rk de ication sha.11 l>e ma.de
based on the number of additional
lots or the umber of a.dditionill
d,~elling1,lJ).it!\ .. . . .., . ,
4;, Prior PI tte<f C()m-llowrqiaLan<f,
In4u. stria.lla. n......onw-hiCh parkd. e4ica- .1
tion has not be . n received l>y the City,
being replatte. with the same land I
area, shaH .be exempt from aH park,
dedication r~q irements. If land area:
is being added to a previously record- :
ed plat, then dditional park dedica- .
tion requirem nts shaH be based on i
the additional and being a4ded.
5. Any moni s paid to the City in
lieu of park de ication shall be placed
in ,a special fu d and used only for the
acquisition of land for parks, play-
gro~nds, trail, public open space; for
the 4evelopm nt of such areas and
aites;and forebtretirement in con-
nectionwith I nd previously acquired
or develope4 ~ l' such p1,lhliq purposes.
Any monie~ a ecifica11y paId. to the
City for trails shall be used only for
the acquisitio ofland for trails and
for the development of such land.
6. For purposes of this Ordinance,
"fair market value of the undeveloped
land" is defined as the fair market
value of the land within sllch plat,
replat, or subdivision as of the date
the plat, replat, or subdivision is pre-
sented to the City Council for
a rovaL of the final plat, as deter-
by the City Assessor in the
manner as he determines the
~~",~I1,leofland for tax pur-
I
f){~OkWXY'
CTe~'\ Dr (l t '''' a 1\ G ?f y-
Subscribed and sworn to before me on this ~-tb day of
\'v\CW--'C V\ , 20 0 U .
BY:
TITLE:
YJ1.
(1) Lowest classified rate paid by
commercial users for comparable space $
(2) Maximum rate allowed by law for
the above matter $
(3) Rate actually charged for the
above matter
$