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ORD 16-13Ordinance 16 -13 84�1;p to be removed Underlines to be added An Ordinance Amending Section, 30-327, Dedication of Land or Contribution of Cash for Public Purpose of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 30-327, Dedication of land or contribution of cash for public purpose of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Dedications forpark purposes required. In every plat, replat of 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 Ian equal in value to Ceti peT-eent of the undeveloped land proposed to be stibdivid shall be set aside and dedicated by the tract owner or owners to the city for parks, playgrounds, trails, or public open space. The amount of land that shall be dedicated shall, be in accordance with the following standards: (1) Residential uses (a) The amount of land to be dedicated shall sati4 the parkland standard of 0.03 acres per person as established, and as may be amended, in the Park and Recreation „System Plan The total amount of land to be dedicated shall be calculated b multi 1,m the ro osed number of dwelling units in each land use designation by the required acres of land to be dedicated per dwelling unit as shown below. The acres of land dedicated per dwelling unit has been determined by multiplying the parkland standard of 0.03 acres per person b the number of persons 12et dwelling unit as determined b analyzing -the most recent census data specific to the CitLof Elk River. Last Updated March 2014 �ar�sE� er [NATURE] Acres of land Acres of land Land Use dedicated per Persons per dedicated per Designation person Household d�Lelling unit Low Dens- 7 0.03 X 2.82 = 0.0840 Residential Medium Densi 0.03 X 1.80 = 0.0540 Residential High Density 0.03 X 1.58 = 0.0474 Residential �ar�sE� er [NATURE] to be removed Underlines to be added (b) Specialized Housing Uses 1. Facilities providing 24 hour _a day/7 day a week care, such as assisted living or nursing home facilities shall be subject to 12ark dedication requirements equivalent to commercial uses. 2. Facilities with a combination of senior independent living and 24/7 care shall make the required dedication based on the number of units desi aced for each e of use. Commercial and industrial uses — the amount of land to be dedicated shall be a Fercentage_of the buildable land proposed to be subdivided. The percentage to be dedicated shall be eight 8percent for commercial and office uses and six 6percent for industrial uses. (3) Mixed uses — the amount of land to be dedicated shall be calculated based on the percentage of Iand area devoted to each use, except in the case of mixed use projects within the same building where the amount of land to be dedicated shall be calculated based on the percentage of square feet devoted to each use. Cash contribution in lieu of land dedication. If the city council, in its sole discretion, determines that all or a portion of the land proposed to be dedicated is unsuitable for parks, then the tract owner shall contribute to the cityprior to releasing the final subdivision in lieu of park land dedication a cash contribution proportionate to the fair market value of the land, and set forth in the city's fee schedule. If the applicant disputes the amount of the proposed cash_ contribution in lieu of the land dedication, the applicant, at their own expense, may obtain an appraisal of the property. The appraisal shall be made by approved members of the MAI, or equivalent real estate appraisal societies. If the city disputes such appraisal the city may, at the applicant's expense obtain an a1212raisal of the property by a qualified real estate appraisal. (c) Buildable land. For the purposes of calculating the required dedication described in this section, shall be defined as the gross acres less the area of wetlands, lakes, and streams below the OHWL. Last Updated March 2014 [INATURE1 pqqmpg-gw-q MW 7i a Cash contribution in lieu of land dedication. If the city council, in its sole discretion, determines that all or a portion of the land proposed to be dedicated is unsuitable for parks, then the tract owner shall contribute to the cityprior to releasing the final subdivision in lieu of park land dedication a cash contribution proportionate to the fair market value of the land, and set forth in the city's fee schedule. If the applicant disputes the amount of the proposed cash_ contribution in lieu of the land dedication, the applicant, at their own expense, may obtain an appraisal of the property. The appraisal shall be made by approved members of the MAI, or equivalent real estate appraisal societies. If the city disputes such appraisal the city may, at the applicant's expense obtain an a1212raisal of the property by a qualified real estate appraisal. (c) Buildable land. For the purposes of calculating the required dedication described in this section, shall be defined as the gross acres less the area of wetlands, lakes, and streams below the OHWL. Last Updated March 2014 [INATURE1 Sti4�ghs to be removed Underlines to be added NO SOMM - -Pr_ d) LOlatted nWert . Previously subdivided property from which a park dedication has been received bein re -subdivided with the same number of lots is exempt from park dedication requirements. If as a result of re -subdividing the property, the number of lots is increased then the park dedication or per -lot cash fee must aVply only to the net increase of lots (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 and development or im rovelnent of land or parks, recreational facilities, playgrounds, trails, wetlands, �or open space, develapinen based on the approved 12arks stems 121an. Cash Dayments must not be used for ongoing operation or maintenance of ; with 12tod piev4ausly aequired or developed for sueh publie purposes. Atiy monies speeifie paid to the eity fof parks, recreational facilities,-playgiounds, trails, wetlands, or open space. of the undeveloped lftnd" is defi"ed as the fair mar-ket value of +e land within queh , plat, (fg) Dedications for purposes other than parks. In addition, in every plat, replit,-er subdivision of land, the land required for public streets, regional stormwater holding ponds and wetlands shall be set aside and dedicated on the subdivision by the owners to the city for these purposes. These areas will not be credited towards park dedication. requirements. (gh) Criteria for determining suitability of land The suitability of land proposed to be dedicated for park and recreational purposes shall be determined 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. ('a) Size, shape, topography, geology, hydrology, tree cover, access, and location. (4) Consistency with the goals and objectives of the master park and recreation plan. 2�) improvements to dedicated land. As part of the subdivision or pla approval, the tract owner 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. Last Updated March 2014 P01EBEI ar AR d) LOlatted nWert . Previously subdivided property from which a park dedication has been received bein re -subdivided with the same number of lots is exempt from park dedication requirements. If as a result of re -subdividing the property, the number of lots is increased then the park dedication or per -lot cash fee must aVply only to the net increase of lots (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 and development or im rovelnent of land or parks, recreational facilities, playgrounds, trails, wetlands, �or open space, develapinen based on the approved 12arks stems 121an. Cash Dayments must not be used for ongoing operation or maintenance of ; with 12tod piev4ausly aequired or developed for sueh publie purposes. Atiy monies speeifie paid to the eity fof parks, recreational facilities,-playgiounds, trails, wetlands, or open space. of the undeveloped lftnd" is defi"ed as the fair mar-ket value of +e land within queh , plat, (fg) Dedications for purposes other than parks. In addition, in every plat, replit,-er subdivision of land, the land required for public streets, regional stormwater holding ponds and wetlands shall be set aside and dedicated on the subdivision by the owners to the city for these purposes. These areas will not be credited towards park dedication. requirements. (gh) Criteria for determining suitability of land The suitability of land proposed to be dedicated for park and recreational purposes shall be determined 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. ('a) Size, shape, topography, geology, hydrology, tree cover, access, and location. (4) Consistency with the goals and objectives of the master park and recreation plan. 2�) improvements to dedicated land. As part of the subdivision or pla approval, the tract owner 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. Last Updated March 2014 P01EBEI ar AR StrAkethfatigh to be removed Underlines to be added W) Credit far constrwhon of recreational facilities. 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. 4k) Consultation by developer n4th city staff. As part of the application procedure at the time of submitting the pisehtninftfy-pl—subdivision, the tract owner is 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. (kI) Survey required. As part of any park dedication of land, a survey at a scale of one inch equals 50 feet shall be provided with topographic data, based on city datum, including contours at vertical intervals of at least two feet, watercourses, wetlands, marshes, rock outcrops, easements, utilities and vegetative data. This data shall also be provided in a format which is readable by Arc View'f"' GIS. Portions of any property dedicated to the public for park and recreation purposes to be used for borrow and pill activities elsewhere in the development shall be clearly identified. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk 'ver this 5th da f July, 2016. Un J Dietz, Wyor ATTEST: Tina Allard, City Clerk 9NATUR VIaII ii Last Updated March 2014 AFFIDAVIT OF PUBLICATION CITY RIVER ORDINANCE AN ORDINANCE AMENDING SECTION, 30-327, STATE OF MINNESOTA DEDICATION OF LAND OR CONTRIBUTION OF ss COUNTY OF SHERBURNE CASH FOR PUBLIC PURPOSE OF THE CITY OF ELK RIVER, MINNESOTA, CITY CODE Charlene Vold being duly sworn on an oath, The City Council of the City of Elk River does hereby ordain as fol - states or affirms that he/she is the Publisher's lows:SECTION 1. That § 30-327, Dedication of land or contribution of cash Designated Agent of the newspaper(s) known for public purpose of the City of Elk River Code of Ordinances shall be as: amended to read as follows: (a) Dedications for park purposes required. In every plat,-­replat or subdivision of land to be developed for residential, commercial, or in- Star News dustrial uses, or as a planned unit development which includes such uses or any combination thereof, it is reasonable to require that an with the known office of issue being located amount of land equal in value to t in the sourly Of: shall be set aside and dedicated by the tract owner or owners to the city for parks, playgrounds, trails, or public open SHERBURNE space. The amount of land that sh II e d icated shall be in aocgr- with additional circulation in the counties of: dance with the following standards: WRIGHT (1) Residential uses and has full knowledge of the facts stated standard The mount Ind to b d d cat d shall s tis th rkl nd of 0.03 acres per person as established and as may below- amended, in the Park and Recreation System Plan The total amount of land to be dedicated shall be calculated by multiglyina the nmoosed (A) The newspaper has complied with all of number of dwelling units in each land use designation by the rea4ired the requirements constituting qualifica- acres of land to be dedicated ger dwelling unit as shown below The tion as a qualified newspaper as provided dwelling has been determined by multi - ti Minn. Stat. Y §331 A.02. -cres'of land dedicated per unit plying the parkland standard of Q-03 acres per person by the number of (B) This Public Notice was printed and pub- persons Per dwelling unit as determined b al zin th mo ent hshed in said newspaper(s) once each census data specific to the—City of Elk River. week, for 1 successive week(s); the first Acres Acres of land insertion being on 07/09/2016 and the last Land Use dedicated Persons Per dedicated per Household dwelling unit insertion being on 0710912016. Designation perep rson Low Density 0.03 x 2.82 = 0.0846 Residential MORTGAGE FORECLOSURE, NOTICES Mediumy0-03 x 1.80 = 0.054 Pursuant to Minnesota Stat. §580.033 Residential relatingto the mortgage publication of mort a e High Density = � x 1.5 0.0474 foreclosure notices: The newspaper Complies Residential with the conditions described in §580.033, Ibl gpec alize�i d Housing Uses 1 Facilities providing 24 hour a day/7 day a week care, such as as- subd. 1, clause (1) or (2). If the newspaper'si t d livss a ino_ 9_r nursing home facili ' s sh a subiect topark dedica- known office of issue is located in a county tion requirement a uivalent to commercial uses. adjoining the county where the mortgaged 2• Facilities with g combinat'on of senior independent living and 24/7 based the of units Premises or some part of the mortgaged care shall make the r aired dedication on number de4lgnated for each type of use premises described in the notice are located, (2) Commercial and industrial uses -the amount of Igno to be, d di a substantial portion of the newspaper's Gated shall be a percents a of the buildable land proposed to be sub- Ciiculatiori is in the latter GOUnty. divided. _ fiLe percentage to be dedicated shall �eigld{Qa ernt for commercial and office uses and six (6Lpercent for industrial uses. rm Mixed u es - the amount of land to be dedicated shall be calcu- lated based on t e percentage of land area devoted to each use except r in the case of mixed use projects within the same building where the By: - `' amount of land to be dedicated sha11 be calculated based nn the per - centage of sauam feet devoted to each use. Designated Agent Subscribed and sworn to or affirmed before sole doseretiort, dete -m ine� that the land proposed to be ded iested then he tract owner shall eont,ibute to the eity, is for me on 07/09/2016 by Charlene Vold. unsuitable parks, nt of cash met to exeeed the fair markst value of the undeveloped lamel required to be dedicated-,es-the­ eity counell shall deterrmine by resolution from time to tirme. bCash co131ribution in lieu of land dedication. If the city c unci/ in its solei reti eter i that all or a port,ion of lb landproposed to be dedicated is unsuitable for parks. then the tract owner shah tribute to the cily prior to releasing the fli2al subdivision, in lieu of park Notary Public land dedication a cash contribution proportionate to the fair market value of the land, and set forth in the city's fee schedule. If the ap- nt disputes the mou t f the r000sed cash contribution 10 lieu of the land dedication. the applicant, at their own expense may obtain Vyy rYVVVVWVVVYVVVVVVVVVVVVV~. aan DARLENE MARIE MACPHERSON appraisal of the propeerty. The appraisal shall be made by approved members of the MAI. or equivalent real estate appraisal societies. If the s Notary Public -Minnesota city disputes such appraisal the city may. at the�pplicant's expense. I o;. ' obtain an appraisal of the property by a Qualified real estate appraisal. wW; My Commission Expires Jan 31, 20f8 ;(e) Rep' tted residential property. Pre%,'ously platted retidentia� eity on which per ng units, shall Rate Information. the rturmber of lots ar the number of dwell img-tinits is inereased-,­then lcl Buildable land For the purposes of calculating the required de1Y1- (1) lowest classified rate paid by commercial users cation cipscribed int this ction hall be defined. as the gross acre I ss for comparable space: the area gf wetlands lakes and streams below the OHWL. $23.00 per column inch Ad ID 570602 nieiqt� she!' bs baseei on the add Replatted r ert. iously subdivided property from which g park dedication has been received. being re -subdivided with the same n tuber of lotsis exempt from park dedication requirements If as i mc, It of �-cuhdividinn the prooertv. the number QLLcts, is increased 1crease of lots. (e) Use of cash contributions. Any monies paid to the city in lieu of lark dedication shall be placed in a special fund and used only for the cquisition and development or im r v ment of Land fer parks, rec eational facil' 'es playgrounds, trails, wetlands, and-pc541e or open ;pac b don the rove arks stem Ian 'ash payments.must not he u ed for on oin o eration or maintenance )f ark recreational faciliti s la rounds rails, wetlands or open space ke the fetor market vakie of the land within stieh plat, ffpls��- of the date (fg) Dedications for purposes other than parks. In addition, in every p}a�-rep , ar subdivision of land, the land required for public streets, regional stormwater holding ponds and wetlands shall be set aside and dedicated on the pW scbdivisi2 by the owners to the city for these purposes. These areas will not be credited towards park dedication re- quirements. (gh)Chteria for determining suitability of land. The suitability of land proposed to be dedicated for park and recreational purposes shall be determined 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 de- termined by the city. (3) Size, shape, topography, geology, hydrology, tree cover, access, and location. (4) Consistency with the goals and objectives of the master park and recreation plan. (hi) Improvements to dedicated land. As part of the subdivision err plat approval, the tract owner 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. Cii) Credit for construction of recreational facilities. Park dedication credit shall not be granted for the construction of recreational facilities unless specifically approved by the city council. The submission for re- view 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. (jk) Consultation by developer with city staff. As part of the applica- tion procedure at the time of submitting the prekminary-plaE subdivi is_on, the tract owner is 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. Ll) Survey required. As part of any park dedication of land, a survey at a scale of one inch equals 50 feet shall be provided with topographic data, based on city datum, including contours at vertical intervals of at least two feet, watercourses, wetlands, marshes, rock outcrops, ease- ments, utilities and vegetative data. This data shall also be provided in a tormat which is readable by Arc Viewl' 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 adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River thi- 5th day of July, 2016. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Published in the Star News July 9, 2016 570602