10.B. PRSR 04-14-1999 Item# 10.b.
'ity of Iv MEMORANDUM
E lkJjver TO: Park and Recreation Commission
FROM: Stephen Wensman, Planner
DATE: April 14, 1999
SUBJECT: Amendment to the park dedication
ordinance
Request
Please review and make a recommendation regarding an amendment to the
park dedication ordinance.
Attachments
• Existing park dedication ordinance
• Proposed park dedication ordinance
Overview
At the March 10, 1999, Park and Recreation Commission meeting, staff was
asked to prepare a draft of an amendment to the park dedication ordinance,
section 1008.18, reflecting the current policies of the Commission.
Recommendation
Staff recommends that the Park and Recreation Commission review the
proposed ordinance amendment and to make a recommendation.
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13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425
• EXISTING PARK DEDICATION ORDINANCE
1008. 18 - DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR
PUBLIC PURPOSE
1 . In every plat, replat or subdivision of land to be developed
for residential, commercial, industrial, or as a planned
development which includes such uses or any combination thereof,
as general rule, 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 general public as open space for
parks, playgrounds, trails, or public open space; or, at the
option of the City, the tract owner or owners shall contribute to
the City an amount of cash equal to the fair market value of the
undeveloped land otherwise required to be so set aside and
dedicated, or set aside and dedicate a part of such land and
contribute the balance of such undeveloped land value in cash.
The City Council shall determine the amount to be required by
resolution from time to time. Any monies so paid to the City
shall be placed in a special fund and used only for the
acquisition of land for parks, playgrounds, trails, public open
space and development of such areas and sites, and for debt
retirement in connection with land previously acquired or
developed for such public purposes . 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 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 .
2 . In addition, in every plat, replat, or subdivision of land
to be developed for residential, commercial, industrial or as a
planned unit development which includes such uses, 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. These areas will not be credited towards any
park dedication requirements.
•
• PROPOSED PARK DEDICATION ORDINANCE
1008. 18 - DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR
PUBLIC PURPOSE
1 . In every plat, replat or subdivision of land to be developed
for residential, commercial, industrial, or as a planned
development which includes such uses or any combination
thereof, as general rule, it is reasonable to require that:
a) 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 general public as open space for parks,
playgrounds, trails, or public open space;
b) or, at the option of the City, the tract owner or
owners shall contribute to the City an amount of cash
equal to the fair market value of the undeveloped land
otherwise required to be so set aside and dedicated,
or set aside and dedicate a part of such land and
contribute the balance of such undeveloped land value
in cash.
c) The City Council shall determine the amount of cash to
be required by resolution from time to time.
2 . Any monies so paid to the City shall be placed in a special
fund and used only for the acquisition of land for parks,
playgrounds, trails, public open space and 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 use only for the acquisition of land for
trails and for development of such areas and sites.
a) 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 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 .
3 . In addition, in every plat, replat, or subdivision of land
to be developed for residential, commercial, industrial or
as a planned unit development which includes such uses, the
land required for public streets, regional storm water
111 holding ponds and wetlands shall be set aside and dedicated
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on the plat by the owners to the City. These areas will not
• be credited towards any park dedication requirements.
4 . Land to be dedicated shall be reasonably suited for its
intended use as determined by the City and shall be at a
location convenient to the public to be served. Factors
used in evaluating the adequacy of proposed park and
recreation areas shall include size, shape, topography,
geology, hydrology, tree cover, access and location.
5 . As part of their developers agreement or site plan approval
responsibilities, the tract owner or owners shall be
responsible for making certain improvements to the
developments for park, playground, tail and public open
space purposes, including, but not limited to, finish
grading and ground cover for all park, playground, trail and
public open spaces within their developments .
6. Dedication credit shall not be granted for the construction
of recreational facilities unless a specific agreement
granting credit is approved by the City Council.
7 . As part of the application procedure at the time of
preliminary plat, the tract owner or owners, shall 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 .
8 . Where private open space for park and recreation purposes is
provided in a proposed subdivision, such areas shall not be
used for credit against the requirement of dedication for
park and recreation purposes, unless the City Council finds
it is in the public interest to do so.
9. Property being replatted with the same number of lots and
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, or if land outside
the previously recorded plat is added, then the park land
dedication and/or park cash contributions shall be based on
the additional lots and on the additional land being added
to the plat.
10 . As part of any park dedication of land, a survey shall be
provided with topographic data, based on City datum,
including contours at vertical intervals of at least (2)
feet, water courses, wetlands, marshes, rock outcrops,
easements, utilities and vegetative data.
•
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