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9.1. SR 05-16-2016 Request for Action To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Work SessionMay 16, 2016Zack Carlton, Planning Manager Item Description Reviewed by Park Dedication Fee Update Peter Beck, City Attorney Reviewed by Cal Portner, City Administrator Action Requested Receive information and provide direction on the preferred method for calculating Park Dedication Fees. Background/Discussion Staff discussed the findings of the residential land appraisal with Rita Trapp and the impacts to a multiple techniques for calculating park dedication fees. Staff also spoke with legal counsel to ensure the calculation methods comply with state statute. The attached memo from HKGi describes these methods and assumptions. The preferred method for calculating the residential fee moves away from a straight percentage of land value as the previously discussed 10% was supported by one legal case 30 years ago and was based on the park needs of that one community. The current statute suggests the dedication rate must be linked to the future park needs of an individual community, and be supported by the Parks and Recreation Master Plan. Cities are not encouraged to look elsewhere for comparisons, as the future park needs of each community are unique, and should be evaluated as such. The proposed formula used to calculate park dedication is based on three components. The average household size (2.79 per 2010 census/Comp. Plan) and the desired acres of park land per person (0.03 per Parks Master Plan) are multiplied to establish the land dedication requirement (acres), and in situations where cash in lieu of land is directed, the acres are multiplied by the fair market value of the residential land class. The formulas are outlined below: (household size) x (acres of park per person) = (acres of land required per residential unit) 2.79 x 0.03 = 0.0837 acres per residential unit The dedication requirement is then applied to the fair market value of the three residential land classes when cash in lieu of land is recommended. The formula used is outlined below: (acres of land required per unit) x (fair market value) = (cash dedication per unit) 0.0837 x $16,855 (low density) = $1,410.76 per unit 0.0837 x $19,922 (medium density) = $1,667.47 per unit 0.0837 x $115,018 (high density) = $9,627 per unit The formula creates a strong link between additional residents, the city’s plans for future parks, and residential land valuations. However, the jump in value of the per-unit rate for the high density residential land classes was surprising. The three values should not be the same as residents of higher density developments (apartments) have a larger impact to the parks system since they do not have yards to recreate in, and the value of the land is higher. If land dedication was required for a high density development, the monetary value of that acre of park land would be greater than one acre in a single- family development, so the per unit rate should be higher. With that said, staff continues to research two components to the formula outlined above; 1) 2.79 is the average household size for all of Elk River, is there a breakdown of that average that can be applied to each density, apartments typically have a lower household size than single-family homes, and 2) what is the best “average” to use for each land class? Staff will provide updated information and recommended adjustments during the work session. Financial Impact If the park dedication cash rates described above hold, the estimated park dedication collected over the next 20 years will be $11 million. Attachments  HKGi Memo dated May 12, 2016 MEMORANDUM Hoisington Koegler Group Inc. Q® ®® Creating Places that Enrich People's Lives TO: Elk River City Council and Staff FROM: Rita Trapp, AICP DATE: May 12, 2016 RE: Establishment of Park Dedication Rates and Fees The completion of the appraisal study has provided the fair market value information needed for the establishment of the park dedication rates and fees. City Staff, the City Attorney, and HKGi have collaborated on the following recommended approach in determining the park dedication rate and fee. This approach, based on the adopted Park and Recreation Master Plan and the appraisal study, should improve the defendability of the park dedication ordinance if it should be needed. As background, the establishment of park dedication rates and fees is regulated by Minnesota Statutes. Subdivisions 2b Dedication and 2c Nexus of Section 462.358 Official Controls: Subdivision Regulation; Dedication state that jurisdictions have the authority to require a reasonable portion of the buildable land in a development to be dedicated to the public. An essential nexus between the dedication imposed and its purpose must be established through an adopted park plan. While municipalities may accept a cash fee in lieu of donation and may use those fees for park improvements, statute does not state that the fee can be based on the cost of improvements a city would like to make. Instead, it states that the fee must be based on the fair market value of the land that otherwise would have been dedicated. In the past, the City has established a park dedication rate and cash fee based on the region's historical average, a comparison of other communities' rates, and what the marketplace would support. City Staff has advocated that the park dedication rate should be adjusted to meet the requirements identified in Minnesota Statutes. As cited above, a review of statutes indicates that a better method would be to establish the amount of parkland needed for the rate of dedication and the cash fee based on the estimated fair market of land by residential density class. A starting point for the development of a park dedication requirement is establishing the amount of parkland desired in the community. A historic industry standard that is commonly referenced is 10 acres per 1,000 people or 0.01 acres per person. A review of Elk River's existing park system shows that the City has developed at the higher rate of 0.04 acres per person. Future park development identified in the Park and Recreation Master Plan is estimated to be at the slightly lower rate of 0.03 acres per person. City Staff recommends use of the 0.03 acres per person rate as park dedication is supposed to be reflective of additional parkland demand created by new development. Hoisington Koegler Group Inc. 123 North Third Street, Suite 100 Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 www.hkgi.com May 16, 2016 City Council - Park Dedication - 5/12/2016 Staff recommends that for consistency across different types of development patterns the City maintain a parkland dedication rate that is on a per unit basis. To determine a land dedication per housing unit rate, the number of acres per person needs to be multiplied by an assumed number of people per household. The 2010 Census established the City of Elk River's persons per household to be 2.79 persons per household. Multiplying 0.03 acres per person by 2.79 persons per household yields a rate of 0.0837 acres of parkland per housing unit. This rate can then be multiplied by the estimated value per acre established in the appraisal study to create a cash in lieu of land dedication rate of $1,410.76 for low density, $1,667.47 for medium density, and $9,627 for high density. While this may be lower than the current rate, it is important to remember that as the residential market changes, this rate could be adjusted through an updated apprais100al study. K Park DedicationFee Update Park Dedication  Cities are encouraged to look at their anticipated needs for park land, rather than compare themselves to others.  Statute suggests that park needs must be supported by parks master plan.  Each community is unique. Park Dedication Formula  Create formula based on relationship between added residents and park needs identified in Parks Master Plan  2.79 average HH size in Elk River  0.03 acres of park per person  Create per unit land dedication rate based on assumptions  2.79 x 0.03 = 0.0837 acres of park per unit Park Dedication Formula  For cash donation –apply required acreage to fair market value established by appraisal study  0.0837 x $16,855 (low density) = $1,410.76/unit  0.0837 x $19,922 (medium density) = $1,667.47/unit  0.0837 x $115,018 (high density) = $9,627/unit  Adjust high density to HH size of 2.00 (national avg.)  0.06 x $115,018 (high density) = $6,901.08  Use lowest average market value  0.06 x $103,313 = $6,198.78 Park Dedication Formula  Create average value based on housing types  15% x $6,198.78 = $929.82  18% x $1,667.47 = $300.14  67% x $1,410.76 = $945.21  Sum of values -$2,175.17 per unit fee across density  $9.14 million in residential park dedication Questions? Residential Appraisal Study Results  Mean values for three densities (low, medium, high)  Remove outliers to establish fair value  Low density -$16,855 per acre  Medium density -$25,990 per acre  High density -$115,018 per acre Additional Alternatives  Applicant pays for appraisal after preliminary plat approval  Sale price of the property  Negotiation  Developer select alternatives  Require higher of multiple options City Comparison CityResidentialCommercialIndustrial Elk River$3,712/du$7,440/acre$2,485/acre Ramsey$2,210 to $2,600/ du$5,828/acre$5,056/acre Rogers$3,500/ du$7,000/acre$5,000/acre Big Lake10%10%10% Otsego$3,370/ du$7,000/acre$3,500/acre Maple Grove10% -11%+7.50%7.50% Appraisal study application  Apple Valley  Need per resident and com./ind.per 1,000 sf  Calculation –(persons per unit or employees)x(acres of park needed per person -.01)x(land value)  Inver Grove Heights  Percentage to collect per zoning district  Use appraisal and percentage to establish per unit fee Appraisal study application  Burnsville  Calculates residential per NPRA standard (.01 acre/person) x (persons/unit) x (units) = acres  Interprets the % for cash dedication  Commercial and Industrial pay 5% of appraised value  Lakeville  12-17% of residential land based on density and 6% of commercial or industrial lots  Apply rates to appraisal study to establish per unit fee Residential Current Proposed Proposed % of Net Area Residential 2015 Net County Financial Project Cost Per AcreDedication Per Dedication Dedication Current PlattedUnitsValueImpact Fee SchedulePer 10% Per 16% Rates $ 50,462 $ 5,046 $ 3,712 $ 5,046 $ 1,334 Jenior P 15-04101136% 5.581$ 71,700 $ 12,849 $ 3,712 $ 7,170 $ 3,458 193% Froehlichs Happy Corner P 08-07 Rural 5.621$ 66,100 $ 11,762 $ 3,712 $ 6,610 $ 2,898 178% Rocky's Manner P 08-02 3.081$ 62,000 $ 20,130 $ 3,712 $ 6,200 $ 2,488 167% Rocky Ridge Estates P 07-10 36.674$ 263,400 $ 7,183 $ 14,848 $ 26,340 $ 11,492 177% Sunset Acres of ER P 06-16 $ 29,348 $ 27,950 $ 11,136 $ 2,935 $ (8,201) Heritage Park P 15-031.05326% $ 46,700 $ 38,595 $ 3,712 $ 4,670 $ 958 Clark Addition P 14-081.211126% 13.213$ 62,381 $ 4,726 $ 48,256 $ 6,238 $ (42,018) 13% PrestigousWoodland Hills 2nd P 14-04 0.311$ 25,002 $ 80,652 $ 3,712 $ 2,500 $ (1,212) 67% DHJ P 14-03 Urban Service 320$ 98,000 $ 32,667 $ 74,240 $ 9,800 $ 15,680 $ (64,440) 21% Heritage Maples P 13-03 5.8560$ 477,000 $ 81,538 $ 222,720 $ 47,700 $ 76,320 $ (175,020) 34% Depot at Elk River P 08-06 1.022$ 22,327 $ 21,889 $ 7,424 $ 2,233 $ (5,191) 30% Rohlf's 2nd Addition P 07-04 0.831$ 3,700 $ 4,458 $ 3,712 $ 370 $ (3,342) 10% Elk River TBS P 06-14 2.281$ 49,000 $ 21,491 $ 3,712 $ 4,900 $ 1,188 132% Christian Farms P 06-13 8.952$ 129,200 $ 14,436 $ 7,424 $ 12,920 $ 5,496 174% Trott Brook Hills P 06-10 Average/Acre $ 180,132 $ (235,612) $ 1,456,319 $ 415,744 43% $ 32,840 Residential Average % of Net County Value we currently collect: 29% Commercial 2015 Net Current Proposed % of Net Area Residential Project County Cost Per AcreDedication Per Dedication Financial ImpactCurrent PlattedUnits ValueFee SchedulePer 10% Rates MSB Campus Addition P 08-093.77Commercial$ 724,500 $ 192,175 $ 28,064 $ 72,450 $ 44,386 258% Zane Street Commons P 08-085.46Commercial$ 356,800 $ 65,348 $ 40,644 $ 35,680 $ (4,964) 88% Commercial EDA Prop west of Westbound C33Commercial$ 228,600 $ 76,200 $ 22,332 $ 22,860 $ 528 102% West of Subway by FairbaultFood C32.53Commercial$ 220,400 $ 87,115 $ 18,833 $ 22,040 $ 3,207 117% $ 87,122 $ 45,260 $ 52,970 $ 7,710 Prop east of Alina Clinic C3 (outlot)6.08Commercial$ 529,700 117% $ 2,060,000 $ 155,133 $ 206,000 $ 50,867 Average/acre133% $ 101,591.88 Commercial Average % of Net County Value we currently collect:8% Industrial 2015 Net Current Proposed % of Net Area Residential Project County Cost Per AcreDedication Per Dedication Financial ImpactCurrent PlattedUnits ValueFee SchedulePer 10% Rates Natures Edge Business Center 2nd P 14-0537.78Industrial$ 774,900 $ 20,511 $ 93,883 $ 77,490 $ (16,393) 83% Renner 4th Addition P 08-0511.85Industrial$ 521,900 $ 44,042 $ 29,447 $ 52,190 $ 22,743 177% Industrial Portside Addition P 08-01 (Metal Craft)9.8Industrial$ 832,300 $ 84,929 $ 24,353 $ 83,230 $ 58,877 342% Cemstone P 07-094Industrial$ 78,400 $ 19,600 $ 9,940 $ 7,840 $ (2,100) 79% Prop east of Metal Craft7.31Industrial$ 477,600 $ 65,335 $ 18,165 $ 47,760 $ 29,595 263% County Property (outlot)19.62Industrial$ 1,281,938 $ 65,338 $ 48,756 $ 128,194 $ 79,438 263% $ 3,967,038 $ 224,545 $ 396,704 $ 172,159 Average/acre177% $ 49,959.19 Industrial Average % of Net County Value we currently collect:6%