5.13 Item # 5. 13.
ity of
11k River
MEMORANDUM
TO: Planning Commission
FROM: Michele McPhersol4;Director of Planning
DATE: February 17, 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
• Propose Ordinance Language
• 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:
1. Dedication of 10% of the land or cash as determined by the City's current fee
structure (same as current ordinance).
2. 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
•
•
r
Memo to Planning Commission/OA 00-1
February 17, 2000
Page 2
3. Placement of paid funds into a special fund for park development (same as
• current ordinance).
4. Suitability criteria for land to be dedicated, including location, street frontage,
physical characteristics, and consistency with the Master Park and Trail Plan.
5. Requirement of the developer to complete minimum improvements such as
grading, seeding, construction of trails, and marking of boundaries.
6. Consideration of developer-installed improvements in exchange for park
dedication credit.
7. Consideration of private open space as park dedication credit.
8. 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.
Recommendation
Staff recommends that the Planning Commission recommend approval of the proposed
• ordinance amendment to the City Council.
C >-71 61shall also also provide that the owners of the areas as to which said
111 easement is granted shall not make, do, or place any fill,
grading, improvement or development of any kind on or to such
easement area, or raise the level of the easement area in any way,
but all such right to fill, grade, improve and develop, and to
raise the level of the easement area shall be granted by said
easement to the City.
008.18) - DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR
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 (100) 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 contrioute 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 :.nd dedicated on the plat by the
owners to the City. These areas will not be credited towards any
park dedication requirements .
1008.20 - MAINTENANCE OF COMMON OPEN SPACE: OPERATING AND
MAINTENANCE REQUIREMENTS FOR RESIDENTIAL SUBDIVISION COMMON OPEN
SPACE FACILITIES
411
10.66
. 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.
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
Park Dedication Ordinance
February 17,2000 Page 1
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.
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
Park Dedication Ordinance
February 17,2000 Page 2
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.
GP:639196 vl
M
Park Dedication Ordinance
February 17,2000 Page 3
Park&Recreation Commission Minutes
November 10, 1999
Page 4
•
9.A.2. Humane Society Dog Walk Update
Michele McPherson sta -• •o - -umane Society Dog Walk has been
- •- -• or he spring, due to inclement weather during October.
9.B.1. Review Attorney Draft of Park Dedication Ordinance
Michele McPherson reviewed the changes in the draft park dedication
ordinance.
Commissioner Reitsma felt that the park dedication should be paid at the time
the building permit is pulled for each lot, as is done in Shakopee. Chair Huberty
stated that a commercial/industrial developer spoke in support of this concept at
a conference she and Commissioner Reitsma attended.
Ms. McPherson explained that the park dedication fees are collected before a
final plat can be recorded to ensure that the developer is responsible for the cost.
She stated that staff would need to discuss the suggestion. Ms. McPherson
explained that commercial and residential developments are usually a small
number of lots, and that requiring the fees to be paid at the time of building
permit issuance for individual residential lots could create a number of
administrative problems.
4111/ COMMISSIONER DAVE ANDERSON MOVED TO RECOMMEND APPROVAL OF THE
PARK DEDICATION ORDINANCE AS PRESENTED BY STAFF. COMMISSIONER DANA
ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
9.C.1. Eagle Scout Project-Grilling Shed at Orono Complex
Commissioner Dave Anderson requested that the grilling shed project for e
Orono Softball Complex be placed on the December Park & Recreat.
Commission agenda, as well a project to construct a ticket boot
9.C.2. Lions Park Tot Lot
Steve Wensman explained that the Lions Club of 'fiver has donated $16,000 to
be used for the following improvements to Lio . 'ark:
• Ball field with backstop
• Band shell improvements and . •ntings
• Tot lot structures and benc -s
• Evergreen screening fo •erm near Elk River Machine
Mr. Wensman revie - -d plans for the proposed tot lot at Lions Park to be located
near Shelter#5 e d the band shell. Six "ToughRider" structures are proposed for
the site. Mr 1ensman stated that the site plan has been worked out with Phil
Hals. H= questioned if there should be some variety in the types of structures,
rath: than having six of the same. Chair Huberty suggested including one of the
".igger" type structures. The Park & Recreation Commissioners supported having
S:\MINUTES\1999\111099PR.DOC