9.B.1. PRSR 11-10-1999 (
Item #: 9.8.1.
Oity of
ElkRiver MEMORANDUM
TO: Park and Recreation Commission
FROM: Michele McPhers•4 'irector of Planning
DATE: November 2, 1999
SUBJECT: Park Dedication Ordinance
Request
Review attorney draft of park dedication ordinance.
Attachments
Ordinance Draft
Analysis
• The City Attorney has reviewed and redrafted (reorganized) the park dedication
ordinance that the Commission reviewed earlier this year. Prior to the Planning
Commission process, the Commission should review the ordinance draft one final time.
In general, the changes made by the City Attorney were related to the Commission's
review and recommendation authority. The City Attorney felt that the previous draft
provided the Commission with more authority than the City Code allows. I believe,
however, that there are sections of the new draft that language could be added to
include references to the Commission (italicized language). The City Attorney did not
remove the land dedication standards.
Recommendation
The Commission should review the revised draft, recommend any changes, and
recommend approval of the proposed ordinance draft.
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13065 Orono Parkway • P.O. Box 490 • Elk River,MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612)441-7425
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 unit 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 City as open space for
parks,playgrounds,trails, or public open space.
b) 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.
• c) Previously platted Residential Property on which park dedication has
not been received by the City, 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 dedication shall be made based on the
number of additional lots or the number of additional dwelling units,
or on the additional land being added to the plat.
d) 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.
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 used only for the
acquisition of land for trails and for the development of such land.
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Draft
10/18/99
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,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.
4. 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.
5. 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.
6. 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.
7. 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.
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Draft
1 0/1 8/99
• 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. The City Council shall take
under advisement the recommendation of the Park and Recreation
Commission regarding such private open spaces.
9. 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.
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