6.14. SR 03-20-2000ity of
Item# 6.14.
River
TO:
FROM:
MEMORANDUM
Mayor & City Council
Michele McPhersor~rector of Planning
DATE:
March 2, 2000
SUBJECT:
Case Number: OA 00-1
Request by the City of Elk River to Amend
Section 1008.18 of the City Code Regarding
Park Dedication; Public Hearing
Request
The City of Elk River requests that the Park Dedication requirements of the subdivision
ordinance be amended to more clearly define the park dedication standards and to
codify previous policy.
Attachments
· Existing Ordinance Language
· Ordinance Number 00-
· November 10, 1999 Park and Recreation Commission Minutes
Overview
Based on previous experiences, the Park and Recreation Commission requested staff
to draft a revised park dedication ordinance to more clearly state the City's expectations
for dedication of land and money toward park development. The current ordinance is
silent regarding evaluating the suitability of land for park development, minimum
improvements by developers of the land to be dedicated, and credit for private open
spaces.
Analysis
The proposed ordinance amendment has the following components:
Dedication of 10% of the land or cash as determined by the City's current fee
structure (same as current ordinance).
Exemptions for residential and commercial/industrial plats that do not add
new lots.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor & City Council/OA 00-1
March 2, 2000
Page 2
4.
5.
6.
7.
8.
Placement of paid funds into a special fund for park development (same as
current ordinance).
Suitability criteria for land to be dedicated, including location, street frontage,
physical characteristics, and consistency with the Master Park and Trail Plan.
Requirement of the developer to complete minimum improvements such as
grading, seeding, construction of trails, and marking of boundaries.
Consideration of developer-installed improvements in exchange for park
dedication credit.
Consideration of private open space as park dedication credit.
Provision of a survey in both paper and electronic format for the City's files of
the area dedicated for park purposes.
The proposed ordinance amendment provides, with Park and Recreation review and
recommendation, ultimate discretion regarding items six and seven above to the City
Council for approval.
The Park and Recreation Commission reviewed the attached draft language and
concurs with its approval.
Planning Commission Action
The Planning Commission voted to recommend approval of the ordinance amendment
with the deletion of the consideration of private open space as credit for park dedication
(referred to in seven above).
Recommendation
Staff recommends that the City Council approve the attached ordinance amendment.
ORDINANCE
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.
2o
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.
3o
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.
5 o
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.
6°
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.
7 o
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.
10.
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.
11.
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.
12.
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 space.
13.
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 __
March, 2000
day of
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk