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8.2.A. PRSR 10 13 2004ITEM # 8.2.A. MEMORANDUM TO: Parks and Recreation Commission FROM: Michele McPherso~T; Director of Planning DATE: October 13, 2004 SUBJECT: Consider Park Dedication -Bluff Block Attachment • Location Map • Letter from MetxoPlains dated September 28, 2004 • Section 30-327 (h) of the City Code • Section 30-418 (4) of the City Code • Preliminary Plat -Bluff Block At the September 8, 2004 meeting, the Parks and Recreation Commission considered park dedication fox the Bluff Block, one of two Downtown Revitalization Projects. The developer had requested consideration of Outlot A in lieu of cash for park dedication purposes. The Commission inquired as to the value of Outlot A. The developer has identified a value of $231,900 as outlined in the attached MetroPlains letter. The Commission should note that the total area of Outlot A is actually 17,306 square feet, as the City carxently owns just over 2,000 square feet of Outlot A (see attached pxelitninary plat). Prior to dete+n*+ining the appropriateness of accepting Outlot A fox park dedication in lieu of cash, the Commission should consider the following: The total cash value fox dedication from the proposed project is appxoxunately $135,015 in 2004 value. This is fox 60 residential units and .67 acres of commercial. Accepting Outiot A negates any cash dedication, which has been identified as being used in the downtown area fox the development of the Rivers Edge Green Space. 2. Section 30-327 (h) of the City's Land Use Regulations identifies the criteria fox determining suitability of land fox dedication purposes. The criteria includes the following: Parks & Recreation Bluff Block October 13, 2004 Page 2 a. Whether the land is reasonably located and suited fox its intended use. b. Whether the land has frontage on public ox private roads as determined by the Ciry. c. The size, shape, tonoTeraohv, geology, hydrology, tree cover, access and location. d. Consistency with the goals and objectives of the master park and recreation plan. While the City has, fox many years, contemplated the concept of a river walk along the Mississippi River in downtown, after further analysis of the topography and the vegetation located within Outlot A, staff questions the appropriateness of attempting to construct a river walk along this section of Main Street. Given the goals of the Wild & Scenic Ordinance and the requirement of the National Pollution Discharge Elimination System Permit the City now holds, attempting to construct a river walk within the bluff would create serious environmental issues, especially due to the amount of tree removal and grading that would be required in order to provide pedestrian access to this site. Staff believes that connecting pedestrians along the commercial street frontage on the south side of Main via the existing sidewalk and allowing river access at the River's Edge Green Space would be more environmentally sensitive. The City can require, however, per Section 30-418 (4), an easement fot public purposes adjacent to the water area. Recommendation Staff recommends that the Parks and Recreation Commission recommend cash dedication for the preliminary plat of Bluff Block. S:\PLANNiNG\Case Files\2004\P 0420 Bluff Block\PtlcR staff memo 10-13.doc •~..-. ~1 River Location Ma P N Case Number. P 04-20 METROPLAINS ETROPLAINS METRO PLAINS PROPERTI ES INC METRO PLAINS DEVELO PM ENT LLC " le n u s i n g t h e h, a r' i l n n d" September 28, 2004 Michelle McPherson Director of Planning City of Elk River 13065 Orono Pazkway P O Box 490 Elk River MN 55330 RE: Elk River Downtown Revitalization Bluff Block Dear Michelle: Outlot A of the Bluff Block Redevelopment, as defined by John Oliver & Associates, lnc. in our preliminary plat submission, is 19,340 squaze feet or .44 acres. Outlot A basically runs from the ridge of the bluff down to the shoreline of the Mississippi River. The acquisition of the parcels along the Bluff Block have included 641 Main Street, a purchase agreement for US Bank and ongoing discussions for Nadeau's cleaners. We have done comparables of land sales in the area and what we aze finding is land sales that are currently occurring on the Bluff Block are establishing current property values in the downtown area of Elk River. Current sale price indicates that a land value is $13.40 a squaze foot. Therefore, Outlot A of .44 acres or 19,340 square feet at $13.40 a square foot would yield an overall value of $259,156. This value consideration is being requested in lieu of Park Dedication Fees as it relates to the Bluff Block property. If you have any questions or comments regarding this please advise. Sincerely, ~~~ ~~~'~~L~ La"Verne Hanson, Jr. ec: Jeanne Kelsey Larry Olson G:~slk River (MD] #70)', MDL~LetCer to Michelle McPherson 09-28-04 SPRUCE TREE CENTRE ^ 1600 UNIVERSITY AVE. ^ SUITE 212 ST PAUL MINNESOTA 55104-3825 651 646 7848 ^ FAX 651 646 8947 ^ www.me[roplnlns.mm LAND DEVELOPMENT REGULATIONS thereof, it is reasonable to require that an amount of land equal in value to ten percent 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. (b) Cash contribution in lieu of land dedic¢- tion. If the city council, in its sole discretion, determines that the land proposed to be dedicated is unsuitable for pazks, then the tract owner shall contribute to the city, in lieu of park land dedica- tion, 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. (c) Replotted residential property. Previously platted residential property on which pazk dedi- cation has not been received by the city, being replotted with the same number of lots and the same number of dwelling units, shall be exempt from all pazk 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. (d) Replotted commercial or industrial prop- erty. Prior platted commercial and industrial land on which park dedication has not been received by the city, being replotted with the same land area, shall be exempt from all park dedication require- ments. 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. (e) Use of cash contributions. 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, and public open space; for the development of such areas and sites; and for debt retirement in connection with land previously acquired or de- veloped 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. § 30-327 (fl Determin¢tion of fair market u¢lue of land. For purposes of this section, the term "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 the plat, replat, or subdivision is presented to the city council for approval of the final plat, as deter- mined by the city in the same manner as the county assessor determines the fair market value of land for tax purposes. (g) Dedic¢tions for purposes other th¢n parks. In addition, in every plat, replat, or subdivision of land, the land required for public streets, regional stormwater 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 require- ments (h) Criteria for determining suitability of land. The suitability of land proposed to be dedicated for park and recreational purposes shall be deter- mined by reference to the following criteria: (1) Whether the land is reasonably located and suited for its intended use. (2) Whether the land has frontage on public or private roads as determined by the city. (3) Size, shape, topography, geology, hydrol- ogy, tree cover, access, and location. (4) Consistency with the goals and objectives of the master park and recreation plan. (i) Improvements to dedicated land. As part of the subdivision ar plat approval, the tract owner shall be responsible for making certain improve- ments 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. (j) Credit for construction of recreotional facil- ities. Park dedication credit shall not be granted for the construction of recreational facilities un- less 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 CD30:55 § 30-418 (2) (3) (4) ELK RIVER CODE No fences, driveways, paved surfaces, other structures, or plantings other than grass can be placed in a utility easement where they will interfere with the maintenance of such utilities, unless approved by the city. If removal of a fence, other structure, or planting is necessitated for mainte- nance of utilities, the cost of removal and replacement is the responsibility of the affected property owner. Easements shall be provided along each side of the centerline of any watercourse or drainage channel, whether or not shown in the comprehensive development plan, to a width sufficient to provide proper maintenance and for stormwater runoff for the designed storm event determined by the city, but such easements shall not be less than 28 feet in width. the city, the easement shall also provide that the owners of the areas as to which the easement is granted shall not make, do, or place any fill, grading, improve- ment or development of any kind on or to such easement area, or raise the level of the easement area in any way, but all such right to fill, grade, improve and develop and to raise the level of the ease- ment area shall be granted by the ease- ment to the city. (Code 1982, § 1008.16) Secs. 30-419-30-440. Reserved. Subdivision II. Streets ¢nd Alleys* Sec. 30-441. Street right-of-way width. Easements shall be provided along lot lines or across property to accommodate the extension and maintenance of utility lines. Easement width is typically ten feet; however, the width may vary depend- ing upon the type of utility the easement is to serve. Where any plat, replat or subdivision of land adjoins a natural lake, pond or stream, including streams which flow only inter- mittently, the city, in its discretion, may require that a strip of land running along all sides thereof which are contiguous to such lake, pond or stream shall be either (i) dedicated to the city for public use or (ii) subject to a perpetual easement in favor of the city over and in such land and the bed and water body of such lake, pond, or stream for the purpose of protecting the hydraulic efficiency and the natural chaz- acter and beauty of such lake, pond, or stream. The planning commission shall determine which of these options is more appropriate and shall recommend to the city council one of such options. In either case, there shall also be granted to the city the right of ingress to and egress from such strip of land with men, equipment and materials. Where the easement is determined to be in the best interests of Street right-of--way widths shall be as deter- mined in the comprehensive plan and official map, if adopted, and, where applicable, shall conform to county and state standards for trunk highways. If there are no such plans or standazds, right-of--way widths shall conform to the following minimum dimensions: Right-of-W¢y Width Street (feet) Arterial 80 Collector 70 Minor street 60 Cul-de-sac turnaround radius 60 (Code 1982, § 1008.14(2)(A)) Sec. 30-442. Street intersections. Insofar as practical, streets shall intersect at right angles. In no case shall the angle formed by the intersection of two streets be less than 60 degrees. Intersections having more than four cor- ners shall be prohibited. Street centerlines should match at four-way intersections. If this is not possible, there must be a minimum of 150 feet sepazation measured between centerlines. (Code 1982, § 1008.14(2)(B)) "Cross reference--.Streets, sidewalks and other public places, ch. 66. CD30:66 ;e~~m violas..nano.iow.ow~oummorv`emo.loPpur.a.o. f.vomta'nrzooaa xoel nm, swptno ~Ili~ll~~ ~=®o ©oP~ III ~~ ;~~~_;<< ~~~nv~a m p ° ° m ° m n°t O ^°i nml O ° O ° ° ° ° ° ° ° ° O O ° 9 ° c 2 2 2 2 2 2 2 2 2° 2 2 2 02 O O p m m m m GiUO°°0°°D° 000 22222 I I 1 ' r`_ . .. „ 1 I - - - . _- - _ _ 1 I I Ifi5.00 -~ __ ~_ __ ' I ` _ _ ! 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P - ----- ----- 3 ~3= ~ ~ ,1 ~ ~ ~I ~ - 2c3 o IV' 6L.~ / ~° ° ... III ~ !I ~ m W Ra f= _ I~ ~~~ 1 I rl ~,=y~ m f„~,~ j ~ i ~ 11'I I I ~ °'~N;.w m i ne,eni ee,orr WOSt mis =1,rzey. owre a/2yon aEV onT[ oescaianoN BLUFF BLOCK John Oliver &a Associates, Inc. o¢n. .ma¢,c ~-eR¢rec Br m Mo. s,.y;n...:.,9, io¢ „„ e;..g. a¢m rmN.<ro r sneer o. aveet e~per~ie~en ¢n~ BK/PG: zsa/sa ELK RIVER, MN w sfi6 naaBa Avenue tn¢e i ¢ , awy tmeneea tuna Renww Br. sme SLk River, Minnea¢t¢ 55990 Surveyor untler Slate of Nmnes¢io F~R ]69-44I-20J2 FAX 96'9-44 /-5665 Statutes 5^c0ons 3'26.02-326.15. CHECKER BY; RMB - \ METROPLAINS DEVELOPMENT otfi¢ee ;n~ su: Bi,;er, a,.,,.,~,tte /// Rwc ewo-ioPPLnTawn -- _ aM Brooklyn Center, Minnes¢[¢ Signatu.e: ~ ~ ~~o+-v TE%T~ PRELIMINARY PLAT Rnte: e/z ~oa ~ B1cm4eP me. zn3s '~~E no.: ealGao-o3