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HomeMy WebLinkAbout06/04/1990 Park Board Packet 6: 00 P. M. TOUR OF PHEASANT HILLS AREA MEET AT THE SITE PLEASE SEE ATTACHED MAP BOOTS WILL BE PROVIDED CITY OF LINO LAKES PARK BOARD MEETING i June 4, 1990 7 : 00 p. m. Lino Lakes City Hall AGENDA 1 . Roll Call and Call To Order 2 . Consideration of :Minutes 3 . Open Alike 4. Consideration of Proposed Park Dedication for Rice Lake Estates/Marty Asleson b . Parh Dedication. Proposal for PineRidge, Rick Carlson ' s Subdivision/Rick Carlson & Ted Mahtke 6. Consideration of Pheasant Hills Park Dedication/Larry Sieberlich 7. Proposal for Irrigation at Birch Park/Marty Asleson 8. Consideration of Amending Park Dedication Ordinance. A. Review of Park Dedication Survey 9. Discussion of Initiating Comprehensive Master Park Plan. 10. Old Business 11 . New Business 12 . Adjournment PARK BOARD MEETING May 9, 1990 Chairperson Ray Johnson called the regular meeting of the Lino Lakes Park Board to order at 7: 00 p.m. on May 9, 1990 at the Lino Lakes City Hall. Members present were: Candy Toffoli, John Bauman, Ray Johnson, Bill Nissen, Ken Johnson. Member Absent: George Lindy. Also present was Council Member, Andy Neal, and Park Superintendent, Marty Asleson. CONSIDERATION OF MINUTES Page 4, should read 1, 000, 000.00 not 1,000, 000, 000. 00. MOTION: Ken Johnson moved to approve the April 2, 1990 park board minutes as corrected. Bill Nissen seconded the motion and the motion was approved. OPEN MIKE John Tennesen, along with other residents from Rice Lake Estate were present at the meeting. He was also present at the April park board meeting and expressed his concerns regarding Rice Lake Estates park. Marty Asleson visited with Mr. Tennesen and Marty gave him some options for improving the drainage easements within the development and discussed options for the park. John Tennesen's main concern initially was not only the park dedication, but areas within the development, one is a settling pond, and a ditch on the property. The two lots on Rice Lake Estates dedicated as park land are buildable lots. The group discussed the original park dedication of Rice Lake Estates. Marty stated that he does want to do something to the drainage area. He would like to wait until the fall planting season, and plant some grass seed and trees in the area. John Tennesen stated that he would like to see play ground equipment in the two lots dedicated as park land, he said that there are a lot of kids in the area. Marty stated that the best thing to do is when the land is at least 50% developed, sit down with the neighbors and ask them what they would like to see in their park. options were discussed as to where the park would be located. Purchasing land within the Circle Pines City limits, and installing a trail to that site was an option. Page 1 PARK BOARD MEETING May 9, 1990 Another option was leasing the land from Anoka County for park land. One of the Rice Lake Estates resident felt that if they leased land from Circle Pines, it would only have street access from Circle Pines. Marty explained that trails could be constructed leading to the park from Rice Lake Estates. John Tennesen likes the idea of the intersection of Blue Heron Drive and Sandhill creating a tot lot. The option of selling the two lots that were part of the park dedication, and claiming the outlot as park dedication. Then tennis courts could be installed in that parcel. Marty Asleson felt that Anoka County would be willing to incorporate part of their land for a tot lot. Marty stated that he will check in to all the options and pole the neighborhood, get the residents together and find out what they would like for the park. Candy Toffoli stated that she considers herself a citizen of the City of Lino Lakes and she doesn't feel that each neighborhood should have a say as to where their park should be and what should be in it, because no one would want to ^ have the park in "their back yard" . She also felt that it isn't good practice to wait until the development is 50% completed, because of course, nobody would want the traffic, and park next to their lot. Marty stated that ideally the land should be dedicated before the houses go in. Then have a neighborhood meeting to decide what to put into the park land that was dedicated. Ray Johnson stated that the park dedication at this site has a little different circumstance than the usual. Marty stated that normally, residents do appreciate being included in deciding what will be in their neighborhood park. Ray Johnson disagrees with a neighborhood meeting once the development is 50% complete. CONSIDERATION OF PARK DEDICATION FOR BRANDYWOOD/STEVE JOHNSTON FROM MERILLA & ASSOCIATES. At 6: 00 the park board members toured the proposed park site for Brandywood. This is a 70 lot subdivision of 37 acres. r Development will occur in phases. the plat is heavily Page 2 PARR BOARD MEETING May 9, 1990 wooded, populated with wetlands. There will be some wetland fill. The wetland by the proposed park land will be partially filled. Within the site is a 2.75 acre parcel proposed for park. This is 75% percent of the park dedication required. A wetland area will be adjacent to the park land, but not used as part of the park dedication requirement. The developer proposes a park trail through the park, a play area for children, horseshoe pits, picnic tables, and a viewing stand along the trail. Ray Johnson asked for clarification that the trails are not part of any park dedication requirement. Ray Johnson stated that when Dennis Ericksons developed D. Erickson's 2nd Addition, the park issue was not completed as was expected. And the park board wants to be sure that the park is completed as promised for Brandywood. Steve Johnston's proposal is for the land, along with $7, 000 cash to complete the park dedication requirement. Mark Fitzgerald, Developer, was also present at the meeting. They have been negotiating with the property owners in purchasing land immediately south of this parcel, they have not resolved this issue yet. Mark Fitzgerald stated that he talked with the adjacent land owners twice, and they made no decisions regarding whether or not they can purchase the land for park. They said they wanted to think about it but wouldn't rule it out. They consider their property a hobby farm. If they sell a portion of their land, they want to still be able keep their horse. If he could get that in writing, from the city, then they may be more willing. City code requires a five acre minimum to allow the resident to have a horse. If they sold enough of their land to meet the park dedication, the property owners would be shy of their five acre requirement by 4/10 of an acre. Bill Nissen pointed out that if they do accept the park dedication and the $7, 000.00 cash. They could use that money towards putting something nice into that park. Steve Johnstone stated that he is proposing to develop approximately 1/3 or the site now. John Miller joined the meeting to answer some questions regarding this plat. He said that this parcel is zoned rural. Page 3 PARR BOARD MEETING May 9, 1990 John Miller feels that if the property owners adjacent to Brandywood wanted to sell a portion of their property for park purposes, the owners could still keep their horse providing that when the horse dies, then they could not have another horse, because it doesn't meet the requirements. Andy Neal stated that the park dedication requirements will be looked at, and the rates may increase by the time phase two is developed. John Miller felt that this is a good idea. Ray Johnson said that the property owners could have the rights to the land until the park development started. The estimated time is three years. Steve Johnston suggested that the park board accept the full land dedication within Brandywood Plat with phase 1. When the developer starts construction on phase 2 then they will give the park board a cash dedication at the current rate or purchase that 1/2 acre parcel from the adjacent property owners. Bill Nissen feels that the additional land would be nice, but feels that the cash dedication would be beneficial to put into the existing Brandywood park. Bill Nissen added that phase 3 's construction should not begin until the park is completed. Steve Johnston asked how the park board would like to see the park, what improvements would they like to see before phase 3 's construction begins. Ken Johnson explained that the trails should be brought to grade and completed through the park. MOTION: Bill Nissen moved to recommend to the city council park dedication for Brandywood Addition. The land specified in proposal A, a 2.75 acre parcel, be dedicated immediately for acceptance in phase 1, and the balance of either B, the parcel immediately south of the site, or a cash dedication of the current park fee at the time of phase 2 's construction be dedicated. Before phase 3 is constructed, the plat will come before park board, to assure the board that phase 1 and 2 park dedication requirements have been met. Also trails have to be benched in before construction of phase 3 . John Bauman seconded the motion and the motion was approved unanimously. Bill Nissen requested that the section of park land that the developer hopes to purchase to the south of the plat not be shown on the plat until it is purchased from the land owner. PARR DEDICATION FOR A MINOR SUBDIVISION FOR STEVE AND LINDA BAILEY. Page 4 PARK BOARD MEETING May 9, 1990 The Bailey's own a 20 acre parcel on 20th Avenue. They wish to subdivide, creating two - 10 acre parcels - a $400. 00 dedication may be obtained. MOTION: Ken Johnson moved to recommend to the_ city council acceptance of a $400.00 cash dedication. Bill Nissen seconded the motion and the motion was approved unanimously. SUNRISE PARK City water was installed to the park shelter and that needs to be hooked up. Marty acquired quotes on materials for rehooking the system and for running 300' of 2 1/2" pipe out to the next ballfield over, and to install irrigation on that ballfield. 1. Rehook up irrigation system. $1,945.00 2 . To extend pipe 300 ' 267. 00 3. Irrigation to additional Ballfield 2 ,782 . 00 Marty will research what the cost was for hooking up water to the park. MOTION: Ray Johnson moved to recommend to the city council that the irrigation be completed on the new field, plus complete the irrigation on the little league field immediately north of the pleasure skating rink. John Bauman seconded the motion and the motion was approved. Marty added that he noticed the infield on the new ballfield may be sitting a little high. He is thinking that may have to be leveled out. He will look at the area. PROGRESS REPORT ON BIRCH PARK IRRIGATION Ray Johnson stated this park is in the process of being developed. Before we seed this park we should put the irrigation in this park also. Otherwise we may be spinning our wheels trying to get the grass to grow. Marty is in favor of the irrigation system to that park. Marty said that he hasn't received quotes yet as to what the cost would be for installing the irrigation system. He said that the area needs to be walked and rocks need to be picked up first. The city could ask that youth from the correctional facility could help with that project. Marty estimated the cost of irrigation would be approximately $8, 000. Ray would like to have the irrigation put in before the grass is seeded. Page 5 PARR BOARD MEETING May 9, 1990 Marty stated that compost may be obtained from the Anoka County compost site. It was decided that the irrigation system would be started at Birch Park. IRRIGATION AT CITY HALL PARR Irrigation at city hall will wait until a later date. Irrigation at Sunrise and Birch Park should be completed first. ARBOR DAY/EARTH DAY John Bauman discussed the celebration. The city gave away approximately 1,000 trees. Marty said that he thought it was a real cooperative effort of the different communities involved. Next year there may be a cooperative effort towards tree planting near Rice Lake Plaza. Marty stated that 9 tons of garbage was picked up within the ^ community. This truly was a huge success! PARR DEDICATION ORDINANCE Ray Johnson, Don Volk, and Marty Asleson met to discuss park dedication. The cash dedication is now $400. 00 per lot. Ray Johnson wants developers to pay their park dedication when construction of each individual phase begins. Marty said that the land acquisition is the biggest issue right now. $400. 00 per lot just doesn't buy the land. The developer's want to give the cash dedication. That is a lot less expensive for the developer than claiming 10% of the land. Marty stated that Inver Grove Heights contracted a company to do a land use study on city parks. He felt this would be an excellent idea for the City of Lino Lakes. Marty will try to get these people on the next agenda. Ray Johnson wants a survey completed to find out what other Page 6 PARK BOARD MEETING May 9, 1990 communities charge for park dedication. Marty Asleson also suggested asking the other communities if they are feeling the same type of pressure as we are as far as dedicated park monies verses the land acquisition. And are they considering changing their park dedication requirements. Ken Johnson stated that he would like to see what the other cities charge for their park dedication fee, and find out if $400. 00 per lot would purchase 10% of the land. Ray Johnson stated that the lots in Parkview Estates are selling for $42, 000. So two or three times the $400. 00 per lot park dedication would be equivalent to the land acquisition. Bill Nissen asked about the status of the picnic tables and trash bins at Shenandoah. Marty stated that a picnic table and trash container has been installed there. Bill Nissen also asked that the port-a-potty be moved at Country Lakes Park so that it is not in such a focal area. FORESTRY Tree Preservation Policy Marty has been working on this for quite some time. The Tree Preservation Policy is something that the Park Department wants to furnish to developers and builders, giving them some guidelines and policies to preserving trees, and help prevent the spread of oak wilt control. This would require the developer to submit a tree preservation plan, and also gives us the ability to request that a private consultant do that plan for them. Marty has been on a shade tree advisory committee for several years now, this is an issue that continually comes up. The tree preservation policy will be discussed with developers and builders first. Then it will have to go to the city attorney for his comments before seeking council approval. Bill Nissen said that there are some variety of trees that should not be planted. Marty stated that the city will generate a tree list for suitable species. TREE SPADE PURCHASE Page 7 PARR BOARD MEETING May 9, 1990 When the city sewer was installed, some significant trees were damaged in Wollen Park, Sunrise Park and a Landscape plan around the lift pump was approved. Wollens Park $2,933.00 Sunrise Park 12,561.00 Landscaping 6,000.00 around the Lift Pump Marty stated that we could use this money to purchase new trees, or we could use this money to purchase a tree spade to salvage trees from developments for restoration projects. A 44" tree spade would cost $17,334.00. This size tree spade would handle a 2" oak tree, or 4" on different species. Bill Nissen doesn't see the need for it. He would rather see the city use the money to purchase new trees. He wanted to know if there would be enough trees to justify a tree spade. Bill feels this is a luxury. Ray Johnson said we are speaking as a forestry committee now, not as a park board and feels the spade is justified. Marty stated that he feels the city does have a need for this. He feels this is a good use of the money. Bill Nissen suggested a cooperative effort with other communities. He said the city could purchase a lot of trees for $20, 000. If we purchase a tree spade, we will have only the spade, and no trees. Candy Toffoli stated that she would like to check in to the other cities that do have a tree spade, and ask them how they like theirs and how often does it get used. Marty said that Coon Rapids is very happy with their tree spade. In the planting season Coon Rapids needs their tree spade, but it may be possible that Lino Lakes could use it when they aren't. Marty said that the city will be purchasing a lot of boulevard, nursery grown trees, but there would be a lot of trees that we could save in developments, that otherwise would be lost. MOTION: John Bauman moved to recommend to the city council the purchasing of a tree spade. For a price not to exceed $18, 000 with the refund money from tree damage to the city parks. And the park board wishes to use the balance of the money to be put into a tree fund to replace trees wherever Page 8 PARR BOARD MEETING May 9, 1990 needed. Candy Toffoli seconded the motion and the motion was approved unanimously. OAR WILT CONTROL Marty has been working on a committee with the state for the last three months. The State has come up with funding that will match city money to control oak wilt in the State of Minnesota. Since Anoka County has been deemed the oak wilt county of the world, Anoka County is given a considerable amount of money. A RFP has to be submitted by the llth. Through the State funded money the county will probably purchase a vibratory plow to help communities out. If the county does purchase a plow, then the county will probably use all of their money given to them from the State. That will probably leave the City of Lino Lakes approximately $12,000 to work with developers, property owners, and running the program. The city would have to cost match the $12,000, leaving us with $24, 000. This basically covers Marty and Mike's time to work on this project and the cost for us to use the vibratory plow. Marty stated that we may need to hire an Urban Forestry Intern to help out with the tree preservation policy. MOTION: Ray Johnson moved to recommend to the city council to authorize Marty Asleson to submit a RFP for a cost share program. John Bauman seconded the motion and the motion was approved unanimously. Meeting Adjourned. Page 9 DATE : MAY 30 , 1990 TO: ALL PARK BOARD MEMBERS FROM: MARTY ASLESON RE : RICE LAKE ESTATES PARK LAND Please find attached copies of three maps that Jon Tennessen sent me that illustrate his neighborhood park concerns . These concerns were talked about at the last Park Board Meeting. Since that time these options have been and still are in the evaluation stage. The Corps of Engineers has been contacted and there should be an answer on the low land issue by Monday. North Star Risk Services was contacted and looked at all the sites . North Star Risk Service is the League of Minnesota Cities insurance carrier. They seemed to favor the park 2 site and/or the Baldwin Park north area. Contact was made with Jim Keinath from the City of Circle Pines and discussion started on the possible use of (joint powers ) their park area to the north of the well house to plan a tennis court and/or playground equipment that could compliment the Baldwin Park area ( including a trail to the park and possibly around the swamp) . An exercise trail could be incorporated into this type of trail . Jim seemed to like this idea in concept and would bring it up at their Park Board meeting. AMr ANk auk 0 v y �075 0,_0 -Da; u LAKE ESTATES Mci? 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CAULSCN 7671 Old Central Avenue Fridley, Minnesota 55432 (612) 786-1218 - (612) 574-0544 May 30, 1990 City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Re: Pineridge Park Program Dear Chairman and Commissioners, Enclosed are the copies of my proposed plat with the following park dedication options. A. $400 . 00 per lot cash contribution with the City of Lino Lakes leasing an area outlined in red as a temporary tot lot. B. 10% land dedecation. If- additional information is required please call me at 786-1218. Sincerely, Ricliar ar son RSC:kc ?¢ May 1990 Park Board Lino Lakes, MN Chairperson and Members: The following report and graphic documents constitute the proposal for park land dedication for the proposed Pheasant Hills residential project . Sincerely, Lawrence Seiberlich Ph .D. AIA Representing Pheasant Hills PHEASANT HILLS PRESERVE PARK DEDICATION PROPOSAL 29 MAY 1990 When considering the park requirements for the proposed Pheasant Hills Preserve, it is important to identify and acknowledge the uniqueness of the residential concept within the context of the current and future development of Lino Lakes. Pheasant Hills Preserve : 1 . Is the largest residential development to be proposed and/or constructed in the City of Lino Lakes 2. Is bounded by a 2700 acre Regional Park which offers extensive active and passive recreational opportunities_. 3. Is located such that it virtually surrounds a 38 acre site owned by the Centennial School District #12 on which the City's Comprehensive Plan has designated an active recreation facility 4. Is essentially a grouping of upland knolls distributed throughout an extensive wetland, including two lakes. Of the 307 contiguous acres in the site, only approximately 210 acres will be platted as Pheasant Hills Preserve . Of the 210 acres, only 43': will be actually platted as lots. 5. Is conceived as an "upscale" residential community based upon an "ecological theme." As such, the focus of the environment is to preserve as much of the existing ecology as possible, which is essentially an extension of the wildlife habitat that has been established, and is maintained, in the Regional Park located on the north boundary of the site . The site currently shares the wildlife which proliferates the Park and it is the deveopers' goal to maintain this ecology. In doing so, it is important that a maximum amount of land not dedicated to lots be used to support this existing ecology. b. Is planned to incorporate an extensive series of ponding areas, waterways, trailways and other amenities for the residents. 7. Is actually a fairly low density proposal at slightly more than one home per acre . 8. Is a unique parcel of land in the Northeast sector of the Twin Cities Metropolitan Area in that it contains a considerable amount of quality woodland. 9. Is entering a different market than the major subdivision which have been developed or proposed in Lino Lakes. As such, it is a high risk venture for the developers. It will provide a unique type of housing in Lino Lakes; a type which the City has been pursuing for some time . To be successful , it will require the support of all players and regulating agencies involved. It should be considered on its unique conditions, and potentials for enhancement of the City and its environmental and economic dimensions. PROPOSALS Following an extensive evaluation of alternatives for meeting the active and passive recreational needs of the residents of Pheasant Hills Preserve , including discussions with John Miller and Don Volk , four options appear to be viable approaches to these needs: 1 . Regional Park - The most appropriate proposal appears to be the development of an active recreation area in the Regional Park immediately north of the Pheasant Hills site . This facility could be ]eased by the City and it will be connected by a trail system from Pheasant Hills for direct access for these residents and other developments west and south of Pheasant Hills. Preliminary discussions have been held between Don 'folk and Gene Torgelson , the Anoka County Park Director , concerning this option . It appears to be conceptually acceptable but requires s period of time to gain the necessary approvals. A park dedication fee would then be submitted for each lot , by phase , for all lots platted in Pheasant Hills. 2. School District Property - A second option will also provide a significant recreation facility for not only the Pheasant Hills community but also many of the citizens of Lino Lakes. The District 12 Property is bounded on three sides by Pheasant Hills, and has been designated in the City's Comprehensive Plan as a location for a recreation area. If a school is built on this site , a joint facility could be provided. Another alternative is for the developer to purchase the School District site or a portion thereof and dedicate it for park use. S. Off Site - The developer is currently considering an option to buy a parcel to the south of Birch Street for the purpose of park dedication. The size and location of this site would be based upon the actual needs of the Park Board and the cost and availability of certain parcels. 4. The Island - An island of approximately 5 acres is located in the western portion of the Pheasant Hills property. This island, actually an upland located in a transitional wetland area, has been used in the past for recreational purposes. It is heavily treed and has a topographic relief of 12 to 14 feet . It is accessible from the southwest . ,.� Mr. Vaughan has desired to keep this parcel out of all development as a future location for his own retirement home. The property is quite valuable and Mr . Vaughan does not want to give it up for park dedication if any other alternatives appear to be 'Diable. If necessary at this time, it is proposed that the land could be put into escrow for future park dedication until other options could be realized, which may require an extended period of negotiation with other agencies and land owners. 5. The Peninsula - This area is located in the eastern portion of the Pheasant Hills site . It contains approximately 2.5 acres of upland located adjacent to the wetland area. It is accessed by the proposed trail system. This land is both treed and open. It is suitable for both passive and certain types of active recreation . These proposals for park dedication provide a variety of options from which the Park Board can develop a comprehensive and sensitive approach to the recreational needs of the residents of Pheasant Hills and other citizens of the greater Lino Lakes community. It will obviously be necessary for all groups involved in these decisions to consider the unique features of the Pheasant Hills project and the opportunities available , as outlined in this proposal . It is Mr• . Vaughan's desire to minimize the taking of sites within the project because of the limited amount of developable land. The proposed waterway and substantial trailway development , and the theme of maintaining the natural environments to support the existing ecology should be considered as partial satisfaction of park dedication needs. n In lieu of , or in addition to, certain amounts of parkland dedication , Mr . Vaughan will pay park dedication fees for a negotiated number of lots on each phase . DATE: MAY 30, 1990 TO: ALL PARK BOARD MEMBERS FROM: MARTY ASLESON RE: BIRCH PARK IRRIGATION ESTIMATE Please find attached a copy of the estimate for the materials only for Birch Park irrigation. This estimate is for the entire park area, including the area to the south that has not yet been dedicated. cc Don Volk i r f i I r I Ti w , Vi Ty 0 gap r--4CI Cl IF-IT} _ F. 14S 6-1 DATE . MAY 30 , 1990 TO: DON VOLK FROM: MARTY ASLESON RE: PLAN REVIEW PROCESS - PARKS Recently much discussion has been generated around the topic of the Plan Review Process , particularly on newly dedicated park parcels . Although the results of the recent phone survey indicate that many have Parks and Recreation Departments , felt negative about neighborhood meetings , I believe that this was in response to the preliminary planning process . Somehow each Parks and Recreation Department looks at their neighborhood statistics and receives input on their parks design, or at least th-ev should. Please find attached a copy of the Design Re--,-iew Process ghat. t;ie Cite of Co,_orado Springs follows . This process was used as an exercise at a recent National Parks and Recreation , Parks Planning Conference that I attended. Although not everyone would use this exact format, nor have the staff that this Parks and Recreation Department has , the idea is sound. I have personally used a modification of this process with good results . I also believe that the City of Lino Lakes would benefit from following this type of format . Please enclose this with the Park Board Agenda. PLAN REVIEW PROCESS SUMMARY FLOW CHART ra DIVISION REPES. CONCEPT PLAN NEIGHBORHOOD Supporting Data Staff & Neighborhood Q MEETING Input DIVISIONS REVIEW PRELIMINARY Minor Adjustment D PLAN Final Input 0 DIVISIONS MASTER SITE PLAN NEIGHBORHOOD SIGN OFF D Q PRESENTATION DIRECTOR'S REVIEW limit of Final approval process used in Practicum PARK BOARD PRESENTATION MASTER SITE PLAN WORKING DRAWINGS SPECIAL REQUIRE. SPECIFICATIONS LA. Coordinate by L.A. _an i.h divisions DIVISION REVIEW CD'S Distributed to city agencies for review V _ BIDDING q L.A. Coordinated 17 PRE-CONSTRUCTION It CONFERENCE L.A. Eng Tech Contractor SCHEDULED SPECIA CONSTRUCTION COMPONENTS D INSPECTION L.A. Eng Tech = L.A. Eng Tech Div Reps REVIEW w/DIVISlON CHANGE ORDERS Div supt. and/or D SCHEDULE CHANGES Reps L.A. Eng Tech FINAL INSPECTION & ACCEPTANCE L.A. Eng Tech PROJECT BECOMES _ P &= R RESPONSIBILITY g' . or 'maint,., prog, policing MEMORANDUM TO: Park Board Members FROM: Laura Elken, Planning Secretary DATE: May 25, 1990 SUBJECT: Park Dedication Requirements At the May 9th Park Board meeting the board members asked that a survey be taken to find out what area cities charge for park dedication. The cities I contacted were as follows: Inver Grove Heights Maple Grove Apple Valley Burnsville Andover Lake Elmo Lakeville Woodbury Plymouth Cottage Grove Ramsey Eagan I told each city that the Lino Lakes Park Department was considering updating their park dedication requirement. I asked them what their requirements were, if their city had completed a land use study for their city parks, and I also asked them if they ever held neighborhood meetings to ask the residents what they would like to see in their neighborhood park. Attached you will find park dedication policies from different cities that agreed to send or fax me copies. Ok, lets get started! INVER GROVE HEIGHTS Page 1 November, 1989 Inver Grove Heights completed an amended park dedication ordinance covering lands for public parks, trails, playgrounds and open space areas. Please find that enclosed. I visited with Bruce Anderson, Parks and Recreation Director. He stated that in 90 - 90% of the time the park department requires a cash dedication. The only time land is acquired is when it is adjacent to an existing park. Cash dedication for Inver Grove Heights is as follows: Residential: $400. 00 in sewered & watered area $200. 00 in unsewered & unwatered areas Commercial: $2 ,178 .00 per acre in sewered and watered areas $425. 00 per acre in unsewered areas. There are no separate fees for trail systems. Land dedication is 10% of the plat. Inver Grove Heights does not hold neighborhood meetings to discuss what they would like to see in their park. Maple Grove I spoke with Patti Anderson, Administrative Management Aid at Maple Grove. Their park dedication requirements are as follows: Residential: $610. 00 per unit Industrial: $1,998. 00 per acre Commercial: $2,975.00 per acre Apple Valley Randy Johnson, Park/Recreation Director stated that Apple Valley requires 10% of the land for park dedication. Based on the average cost of $15, 000 per acre, the city collects 10% of that amount ($1,500) per acre for a cash dedication. Apple Valley does have a Park Master Plan as part of their overall city Comprehensive Plan. For commercial and industrial areas park dedication consists of 5% of the land or cash value is required. Burnsville Randy Oppelt, Park/Recreation Director faxed me a copy of the Page 2 '^ park dedication requirements for Burnsville. Please find that attached. Also find the formula for which park dedication is determined. Andover Todd Haas, Parks Director in Andover sent me a copy of Andover's park dedication requirements. Please see enclosed. They have a different way of approaching the cash dedication. If the park board wishes to collect a cash dedication, they hire an appraiser to go out to the site, give a value of the land to the park board, and then the city collects 10% of that land value. Mr. Haas told me that there is problems with this. He said that the city council does not like that extra expense for the appraiser. The cost is at least $250. 00 depending on the size of the plat. The city requires 10% of land to meet park dedication requirements. One more interesting point regarding Andover. Bill Hawkins is also the attorney for that city. Bill Hawkins informed Andover that he does not recommend the city ask for a cash dedication based on a "per unit" basis. Based on Mr. Hawkins recommendation, they take 10% of the value of the entire parcel. Lake Elmo Marilyn Banister informed me that the city charges $450. 00 per lot to meet park dedication requirements. She told me that the parks within the city are established. And the city only asks for a cash dedication for park improvements. Lakeville In March of 1988 Lakeville amended their Park dedication requirements. Please find their park dedication ordinance enclosed. The City of Lakeville requires $550.00 per dwelling unit for single and multi-family or between 10% - 20% of land based on units per acre density. You can find the chart enclosed that discusses the land dedication percentage. Lakeville also requires $150. 00 per dwelling unit towards the construction of trails. The ordinance reads as follows: In lieu of a trail land donation, the city may require the following cash donation for the comprehensive multipurpose pedestrian trail system. Page 3 For each dwelling unit $150.00 Lakeville does not hold neighborhood meetings to obtain resident input for their park. Lakeview also has a Park System Plan for the city's park system. Woodbury I spoke with Bob Klatt from Woodbury. They accept 10% of land for park dedication or $450.00 per lot. They are in the process of updating their park dedication requirement. Mr. Klatt also felt that $450. 00 was low because the value of land has increased since this figure was established. A comprehensive plan was completed for an overall park system in Woodbury. Woodbury does not hold neighborhood meetings. Mr. Klatt stated that the city has an overall plan for the parks system. He felt this would be messy and that you can never satisfy everyone. He added that in a few instances the park was completed, and play ground equipment installed before any lots were sold. The developer's liked it for marketability of the site. The city requires the developer to bring the park to grade and seed the park. Plymouth Mary Patterson sent me their park dedication policy. She stated that a park land plan was completed in 1982 and will be updated this year. The City of Plymouth looks at the park plan in deciding whether land should be dedicated or cash. Plymouth requires 10% of land if the development is no denser than two dwellings per unit. The cash contribution is $825. 00 per dwelling unit. This is based on 10% of the average value of undeveloped residential land in the city. It was decided that at Plymouth's first City Council meeting in February the city manager provides the council with a report from the city assessor indicating his estimate of the average value of undeveloped residential land in the community and a survey of residential fees in effect in other comparable communities. Cottage Grove Page 4 0 Cottage Grove asks for $450. 00 per unit as their park dedication or 10% of land. Ramsey I visited with Mark Banwart, Community Development Director at the City of Ramsey. The park dedication ordinance is attached. The City of Ramsey asks for 10% of the land for park dedication. Cash contributions are $350.00 per dwelling unit if the density is one unit within 3.3 acres. All other dwelling units would be asked for $500.00 per unit. According to Mark Banwart, Parks Director at Ramsey, Trail corridors are also considered park dedication. A developer may dedicate a strip of land that remains untouched with the exception of a bituminous surface trail running through the middle of it. Often times benches will be scattered along the trail. Eagan The park dedication policy for Eagan is attached. Eagan bases land dedication according to the units per acre. The City of Lino Lakes creates four lots per acre, and according to Eagan's formula 12% of land could be dedicated as park land. A new cash dedication policy effective January 1, 1990 has been established. For a single family home with the average market value of $16,000 per acre, the cash equivalent per residential unit would be $685.00. This fee was determined by the average market value of undeveloped residential property by zoning classification, served by city utilities. Then they divided that amount by the number of units per acre which shall provide the equivalency of twelve acres per thousand population. Please see attached policy. The majority of the cities do accept 10% of the land and 10% of the average value of undeveloped, sewer available land. I visited with Jeff Nienaber, Anoka County Assessor on this subject. He informed me that the average cost of an undeveloped acre of land within the MUSA boundary would be $10, 000. I also asked him what developer's are asking for their lots, once the land has been graded. He informed me that they are as low as $21,000 and as high as $35,000. A lot that is not within the MUSA boundary would be between $16, 000 up to Page 5 $20,000 for an one acre lot. Several of the cities that did have a cash dedication close to our stated that they realized it was low, and were planning to update it. None of the cities I surveyed held neighborhood meetings to discuss the area park. In fact, I did hear negative responses when asked about it. I can see merit to receiving neighborhood input, but if the city waits until the development is 50% complete before holding the meeting, that could be a year or better before the park is installed. Almost every city did complete a land use study to create an overall city park plan. The City of Woodbury's goal is to complete the park before homes move in. Mr. Klatt stated that he determined what was installed in the park by what type of housing was being developed. Smaller, single-family homes may require a tot lot, where larger, executive homes may prefer a picnic shelter and volley ball court. options: 1. Move to recommend to the city council to initiate a Request for Proposal for a Land Use Study to be completed to create an overall city park master plan. 2. Move to recommend to the city council to increase the cash park dedication requirement. Please review this information. Highlight areas that you would like to see Lino Lakes incorporate into their park dedication policy. The June park board agenda looks small, and there should be ample time to discuss this issue. Page 6 MEMORANDUM TO: Honorable Mayor, City Councilmembers, Park Boardmembers, Randy Schumacher, John Miller, Don Volk FROM: Laura Elken, Planning Secretary DATE: September 12, 1989 SUBJECT: Park Dedication for Commercial/Industrial Companies To survey area cities to get information about commercial and industrial park dedications. The cities I contacted were as follows: Vadnais Heights Blaine n Oakdale Shoreview Maplewood In visiting with the city planner at each of these cities I asked how they handle park dedication for commercial and industrial businesses that bought a parcel of land, did not plat or subdivide the land, and simply built their structure on a parcel. Before I begin to tell you what their response was, I have to explain that with each city I discussed the fact that under the Minnesota Statutes chapter 462 . 358 Subd. 2b it states that park dedication can be claimed only when land has been subdivided. It states: Dedication. The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. In addition, the regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as parks, play- grounds, trails, or open space; provided that (a) the municipality may choose to accept to be dedicated to such public uses or purposes based on the fair market value of the Page 1 land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision. Every city that I spoke with was aware of this statute. Randy Johnson, City Planner in Shoreview stated that he does require the applicant to replat the land. This ensures park dedication, dedicates right-of-ways and cleans up the title to the land. The City of Shoreview requires 3% of the value of the land as a cash dedication for Commercial/Industrial sites. Brian Schafer, City Planner in Blaine has a different formula to follow. They do claim a cash park dedication even if the land is not subdivided. It is based on 3% of the fair market value of the land. The cash dedication cannot exceed three times the park dedication fee charged for a Single-Family unit ($395.00) . I thought this was complicated, but reasonable. The City, of Oakdale asks for $1, 200 per acre of land for commercial and industrial lots. The parcels do not have to be subdivided. I spoke with the City Clerk in Vadnais Heights, Gerald Urban. He sent me a copy of their dedication ordinance. It states that the developer will pay $300. 00 for each 4, 000 square feet of proposed building for uses as follows: 1. Retail 2 . Office 3 . Office-Showroom 4. Restaurants/Liquor Establishments 5. Light Manufacturing/Assembly uses of high labor intensity in which there would normally be more than one employee per 500 square feet at full planned capacity. It goes on to state: The developer shall pay to the city $200. 00 for each 4, 000 square feet of proposed building for uses as follows: 1. Warehousing 2 . Low Labor Intensive Light Manufacturing/Assembly r., 3 . Other Low Labor Intensive Uses Page 2 The developers of hotel and motels pay to the city $150. 00 per hotel unit. All such money must be paid prior to the issuance of building permit. This is an interesting way of handling park dedication. A copy of this ordinance is attached. The City of Maplewood asks for 7% of the Market Value of the land for park dedication. Land does not have to be subdivided. After each city told me its park dedication requirements, I asked them how they get around the Minnesota State Statutes. Vadnais Heights City Clerk explained to me that he felt their park dedication was reasonable, and there were no complaints from developers. Brian Schafer from Blaine told me that if a commercial company wanted to dispute the park dedication it would delay his project, and the developer would rather pay the extra money to the city than lose the money due to the delay caused by going to court. Brian also explained that the city would waive park dedication for churches. Before Gethsemane Methodist Church applied for their Site and Building Plan the City of Lino Lakes had no problems imposing a park dedication to commercial and industrial developers. options: 1. Clarify the Park Dedication Ordinance, specifying residential and commercial and industrial requirements. 2 . Consider changing Lino Lakes park dedication fees. Are they too costly? 3 . Consider requiring the developers to plat their land. A. This would cost the developer application fees for something that may not be necessary, extra surveyor costs, etc. 4 . Overlook Minnesota State Statutes like all (but one) other cities I spoke with. 5. Consider claiming park dedication fees when building permits are issued. ."r A. If this is done it may be tricky if 10% Page 3 of land is dedicated rather than a cash dedication. According to the Schilling report on the analysis of park dedication fees of cities in the metropolitan area completed January 1988 the following cities have compatible rates to Lino Lakes. (10% for both residential and commercial) : Little Canada Roseville Shoreview White Bear Lake White Bear Township There are many issues to consider, if you would like me to help in any additional way, please let me know. r'1 Page 4 ii— Schilling Environmental Consultants, Inc. 2785 White Bear Avenue, Suite 210 . Maplewood, MN 55109 . (612) 777-6606 REPORT ON THE ANALYSIS OF PARK DEDICATION FEES OF SELECTED CITIES IN THE METROPOLITAN AREA Joel G. Schilling, Principal January, 1988 INTRODUCTION The following report presents a short review of park dedication authority and judicial review along with a park dedication fee analysis of seventeen (17) cities selected from within the Seven County Metropolitan Area . The cities included are as follows: Arden Hills Coon Rapids Eagan Eden Prairie Fridley Lakeville Lino Lakes Little Canada Mahtomedi Oakdale Plymouth Roseville Shoreview Vadnais Heights White Bear Lake White Bear Township Woodbury The selection process included as a first priority those local governments immediately surrounding or near the City of Vadnais Heights, second those cities in which substantial residential and/or commercial-industrial development is occurring (Eagen, Eden Prairie, Plymouth, and Woodbury) and finally some randomly scattered cities (Coon Rapids, Fridley, Lakeville, Mahtomedi, and Oakdale) . The analysis includes an examination park dedication schedules for land as well as formulas for cash fees. Alternative approaches are discussed along with a recommendations for amendment of Vadnais Heights, Ordinance No. 288 . -2- LEGISLATIVE AUTHORITY AND JUDICIAL REVIEW A municipality's -authority to require property dedication or an equivalent cash amount for park and playground purposes resides in Minnesota Statutes as amended (MSA) , Chapter 462.358, Subdivsion 2b, which in part states: go (-Subdivision regulations) . . . . may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as parks, playgrounds, trails, or open space; provided that (a) the municipality may choose to accept an equivalent (emphasis added) amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision." In 1972, the City of Bloomington adopted a park dedication regulation pursuant to Minnesota Statutes and implemented it on a 33 lot residential subdivision by requiring the developer to make a cash dedication of $ 19,200 ($ 582/dwelling) . The City was subsequently challenged by the developer in district court on the constitutionality of both the City Code and Minnesota Statutes. The district court ruled in favor of the City and plaintiff appealed to the Minnesota Supreme Court on the on the constitutional question of taking property without just compensation (Minnesota, Art. 1, Sec. 13; and United States, Fifth Amendment) and the inappropriate delegation of legislative powers to municipalities pertaining to subdivision dedication requirements . The Minnesota Supreme Court upheld the lower court on August 13, 1974 [246 N.W. 2d 19] on all the issues raised on appeal. Bloomington's ordinance provided that, as a general rule, "it is reasonable to require" as a condition of subdivision approval, dedication of 10 % of subdivision property for parks or the contribution of an equivalent amount of cash. The Court ruled that this legislation was not on its face a taking of property without just compensation. _3- A municipality's authority over private property through outright acquisition or zoning control is considered a normal exercise of its police power based upon language in MSA, .Chapter 462.358, Subd. 1. : "Authority. To protect and promote the public health, safety, and welfare, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions." The test of whether it is reasonable to to require such dedication resides in an understanding that the municipality by approval of a proposed subdivision plat, which meets alb the typical zoning requirements (e.g. set-backs, easements, right-of-ways, etc.) enables the developer to profit financially by selling the subdivision lots as building sites and thus realize a greater price than could have been obtained if he had sold his property as unplatted lands. In return for this benefit the municipality may require the developer to dedicate part of his platted land to meet a demand for park usage which the municipality would not have encountered except for the influx of people into the community from the occupancy of such building sites [28 Wis. 2d 619, 137 N.W. 2d 4483 . The Statute (MSA Chapter 462.358, Subd. 2b) authorizes municipalities to require for subdivision approval, dedication of a "reasonable portion" of subdivision property for parks. The language "reasonable portion",. the Court ruled would be construed as that land portion which a municipality has determined that it will need to acquire for park and recreation purposes in its Comprehensive Plan (MSA, Chapter 462.355) resulting from subdivision approval. Since this landmark decision, many local governments, as well as those listed in this report have generally followed this decision in the promulgation of park dedication ordinances . This court decision, the accompanying judicial interpretation, along with the state statute recognize that there is an important factor of "value equivalency" in the dedication of either land or cash for a specific development. In other words, a park dedication ordinance should "` to the degree possible treat everyone equally irregardless of a land or cash contribution. ordinance No. 288 was adopted by the Vadnais Heights City Council in 1982 and requires land or cash dedication for park and recreation purposes from residential, commercial or industrial development. -4- LAND OR CASH DEDICATIONS Table I depicts land dedication formulas for fourteen of the seventeen local governments. Approximately one-third of the seventeen have a land dedication formula for residential properties based upon a sliding scale in which a percentage of the dwelling site is required for parks depending upon the density of the development area. The other local governments use of a formula which is a set percentage of the site (7 to 10 percent) to be dedicated, similar to the Bloomington example. Similarily for commercial/industrial landuses, nearly three-quarters of the local governments make use of a formula based upon a set percentage applied to a proposed site with the most common level being 10 %. Those cities which do not show a land dedication formula, rely instead upon cash dedications being adequate for the outright purchase of needed park property. In both Tables I and II the park dedication requirements are shown for both residential (single and multi-family) and commercial/industrial landuses. Table II illustrates the formula or fee schedules used by all seventeen local governments for cash dedications. In contrast to the land dedication table, only three of the seventeen local governments (Oakdale, Shoreview, and Vadnais Heights) make use of a density based cash dedication formula for residential landuse. The most common method used is a set fee per dwelling unit based upon the type of residential landuse (e .g. single family or multi) . For commercial/industrial landuses, the situation is not quite as conclusive. The method used by ten of the seventeen local governments is formula applied as a percentage of the total site required in cash based upon the equivalent undeveloped land value. A group of six cities (Eagen, Eden Prairie, Lakeville, Plymouth, White Bear Lake, and Woodbury) apply a set fee based upon either the area of the site or the square footage of the building. ANALYSIS A major difficulty facing local governments in applying park dedication ordinances is the effect of "value equivalency". As development rapidly occurs in a local government, land values tend to increase as various market forces come into play: Some of the forces include the sellers of undeveloped land demanding higher values; buyers becoming attracted to developing areas and are willing to pay higher values; increasing land development costs; and finally the developer may elect to take a higher profit. A hypothetical example of a residential development serves to show this problem: HYPOTHETICAL EXAMPLE A residential development of 25 single family homes is proposed on 10 acres (0.4 acres per lot) . The developer paid an undeveloped fair market value of $ 15,000 per acre or $ 150, 000 for the land. The local government requires a land or equivalent cash park dedication of 10 % which translates into 1 acre with a value of $ 15,000. If the local government requires cash instead, it has set a fee of $ 400 per dwelling unit which would be a total of $ 10,000. Obviously, in this example the two dedications are not equal as the land dedication is in effect costing the developer $ 600 per dwelling unit while if he paid cash alone it would only cost $ 400 per unit. The other factor which comes into play is development density. If the number of homes on the site is increased to 40 units (0.25 acres per lot) , then the total dedication increases to $ 16,000 (40 units x $ 400/unit) which is closer to the value of the land. The important point in this example is not that development density should be increased as this is often determined by the overlying zoning and property characteristics such as site location, topography, vegetative cover, and lastly market acceptance. In other words, the developer will usually build what the market will accept within that zoning class. Rather, the cash park dedication formula selected should reflect the value of the land, if possible. Table III lists the established single family fees for cash dedication if applied to developments within thirteen of the seventeen local governments. A substantial range of values is shown with the descriptive statistics indicating that the average fee would be $ 465 per dwelling unit. Because of the relatively low number of values included in this analysis, the median (fiftieth percentile) of $ 400 may be more representative. However, it should be noted that many of the recent changes by communities in their ordinances has taken place in those which already had units fees which were relatively high. Finally, it should be pointed out that the fair market value of the undeveloped land does not always increase in direct proportion with the upgrading of a zoning classification [single family to multiple family] . Care should be taken so that there is not a reverse of the above hypothetical example in the application of cash dedication formulas where the developer may pay far in excess of the value of the 6- equivalent amount of land which could be required. Next an attempt is made to provide a perspective upon the various local government park dedication fees by using specific development examples. Table IV presents three different examples of actual developments within the City of Vadnais Heights together with the actual or probable resultant park dedications for the seventeen local governments. Example No.l This a single family residential development of 81 homes upon 42.84 acres. The park dedication for the City of Vadnais Heights was $ 33,544 which was in the lower half of the seventeen local governments surveyed. This cash dedication amount translates into $ 414 per dwelling which is similar to the set fee amounts used by a number of cities (Eagan, Eden Prairie, Coon Rapids, Lino Lakes, and Woodbury) . It is interesting to note (see Table II) that small residential developments in Vadnais Heights (less than 5 acres, both single family and multi-family) are not treated equally with respect to cash dedications per dwelling unit for developments greater than 5 acres in area. The cities of Shoreview, Oakdale, Little Canada and White Bear Township would likely find it very difficult to require land dedication instead of cash in the above example when the value of the land is more than 10, 000 greater than the cash dedication. Therefore it's not surprizing that cities sometimes have considerable difficulty in taking a land dedication (even though the future park may appear on their Comprehensive Plan) , because the developer realizes that this disparity exists. Finally, it important to raise the issue of the actual fair market value of the site used in this example (See note in Table IV) . If the fair market value of $ 16, 000 per acre is used instead of the appraised undeveloped land value shown ($ 8,700 per acre) , it is apparent that the cities of Arden Hills, Mahtomedi and Roseville would have park cash dedications of $ 68, 544 or 10 percent of the fair market value. While this is a very large increase in dedication, it must be stressed that it is perfectly equitable in the context of an ordinance which requires land or an equivalent amount in cash ! Example No. 2 This a multi.-family residential development of 113 apartment units on 7 .25 acres. It is evident in this example that there is a much larger spread of park dedication cash amounts. Vadnais Heights is in the lower half of the fourteen -7- cities with a cash dedication equal to $ 154 per unit. In addition to Vadnais Heights, Arden Hills, Little Canada, Roseville, and Shoreview all have dedication formulas which are perfectly equitable in terms of taking the same amount of land. Some local governments, Vadnais Heights included, may require an additional expenditure by requiring the multi family housing developer to construct a small playlot on the same site. In nearly all the cities examined in this study, multi-family developments contribute less cash on a per unit basis than single family residences. Therefore it may be argued that this approach is not equitable in the sense that the single family homeowner has paid a much higher park fee even though both families (single & multi family) may equally use a park. Two pieces of information seem to ameliorate this concern. First, the alternative approach of requiring the construction of a playlot as part of the proposed multi family development is a reasonable additional expense. Secondly, having a reduced unit fee for multi family developments as many of the cities in the upper half of Table IV require seems to be logical from a resident and developer perspective, but may not be entirely equitable. Example No. 3 This a commercial/industrial development consisting of a light manufacturing building of 24, 644 square feet (S. F.) on 1. 9 acres. It is this landuse in which there is the greatest difference among cities in how cash dedication is handled. Two thirds of the cities require a percentage of the land in equivalent cash value on the order of 3 - 10 %. Other cities have required a fee based upon a per acre or square footage of development. The former example seems to be logical in that it equates the value of the dedication with the value of a similar amount of land which could be taken. In the case of Vadnais Heights, it would appear to be impossible to take a land dedication when the land value is $ 16, 553 but the required cash dedication is only $ 1,200. Conversely, white Bear Township could take either land or cash as they would be equivalent. The requirement for any land or cash dedication for commercial/industrial landuse arises occasionally and should be discussed. First, it would seem that many cities have been requiring a substantial cash dedication for some time with no problems with respect to development (Roseville, Arden Hills) . Second, a commercial or industrial enterprize has no direct need for parks and recreation in contrast to the more obvious police, fire and public works services a local government provides. Indirectly however, its workers may choose to relocate to a city whoose park system is adequate and well maintained. -8- Therefore, a local government's attractiveness for commercial/industrial and residential development is dependent upon its ability to acquire necessary park funds from all its residents. Because this landuse does not directly require parks , it seems that a plausible alternative approach would be to require half the percent amount (5 %) which could be taken if the same site was residential landuse. RECOMMENDATIONS 1 . The land dedication section should be amended to reflect a formula based upon 10 percent of the development area. 2 . It is recommended that the complex cash dedication density based system for residential properties be dropped and instead be replaced by a simple fee per dwelling unit formula as follows: Cash dedication based upon Single Family - $ 460/unit Duplex - $ 360/unit Multi-Family - $ 260/unit OR 10 percent of the fair market value of the undeveloped site, whichever is greater. 3. The cash dedication for commercial/industrial landuse should be changed to a percentage fee based upon 5 percent of the fair market value of the undeveloped property. L -9- TABLE I PARK - LAND DEDICATION CITY RESIDENTIAL COrMERCIAL/INDUSTRIAL Arden Hills 10 - 15 % of site, density based. 0 - 15 % of the total site Coon Rapids 5 - 18 % of site, density based. 3 - 5 % of the total site Fridley 10 % of the site 3 % of the total site Lakeville No. of Dwelling units x 3.5 - - - - - - - - 75 Lino Lakes 10 % of the total site. 10 % of the total site Little Canada 10 % of the total site. 10 % of the total site Mahtomedi 7 % of the total site. 7 % of the total site Oakdale 5 - 17 % of site, density based. 10 % of the total site Plymouth 0 - 25 % of site, density based. 10 % of the total site Roseville 10 % of the total site. 10 % of the total site Shoreview 10 % of the total site. 10 % of the total site Vadnais Heights 9 - 20% of site, density based 10 % of the total site White Bear Lake 10 % of the total site. 5 % of the total site White Bear Twp. 10 % of the total site. 10 % of the total site CITY DENSITY: UNITS/ACRE LAND DEDICATION M Arden Hills 0 - 2 units/acre 10 % 2 - 3 It 11 % 3 - 4 to 12 % 4 + to 12 - 15 % Coon Rapids 0 - 1 -units/acre 5 % 2 - 3 10 % 4 - 5 12 % 6 - 7 13 % 8 - 12 14 % 13 - 16 18 % 16+ " 18+ % -10-- TABLE I (cont 'd) Oakdale 0 - 1 units/acre 5 % 1.1 - 3 10 % �.. 3.1 - 4 11 % 4.1 - 5 12 % 5.1 - 6 13 % 6.1 7 " 14 % 7.1 - 8 15 % 8.1 - 9 16 % 9.1 - 10 17 % 10.1 + 17+ % Plymouth 0 - 2 units/acre 10 % 3 - 4 to11 % 5 - 6 it14 % 7 - 8 V115.5 % 9 - 10 of17.5 % 11 - 12 it20 % Vadnais Heights 0 - 2 units/acre 9 % 2 - 4 it11 % 4 - 6 13 % 6 - 8 15 % 8 - 10 • 17 % 10+ 17+ - 20 % r.. Note: Information on the cities of Mahtomedi, Eagen, Woodbury, Eden Prairie, and Lakeville was acquired from a White Bear Township memorandum of September 15, 1987 from Jan Regan to the Town Board/Park Board. -11- TABLE II r1 PARK - CASH DEDICATION CITY DENSITY UNITS/ACRE CASH DEDICATION Arden Hills RESIDENTIAL/COMMERCIAL/INDUSTRIAL The cash equivalent of the undeveloped land value using the same percentage as land dedication formula. Coon Rapids Single Family $ 384/unit Two Family $ 326/unit Townhouses $ 286/unit Mobile Homes $ 291/unit Multi $ 238/unit COMMERCIAL 3 % of the fair market value with a maximum of $1152 (3x Single Family) INDUSTRIAL 5 % of the fair market value with a maximum of $1152 (3x Single Family) Eagan Single Family or duplex $ 471/unit Townhouse $ 385/unit Apartments & condominiums $ 309/unit COMMERCIAL/INDUSTRIAL The cash equivalent of $ 0.044/S.F. of development less roadways. Eden Prairie Single Family $ 420/unit AU other $ 320/unit COMMERCIAL/INDUSTRIAL The cash equivalent of $ 2,300/acre. Fridley Single Family $ 1,500/unit Multi Family $ 500/unit COMMERCIAL/INDUSTRIAL The cash equivalent of 3 % of the undeveloped land value. Lakeville Single Family* $ '500/unit Duplex* $ 11000 Apartments/Townhouse/Condominium* $ 335/unit + $ 100 above the first bedroom. *In addition, a $ 135/dwelling unit trail fee is required from all developers COMMERCIAL/INDUSTRIAL The cash equivalent of $ 2,500/acre. -12 Table II (cont 'd) Lino Lakes Single Family $ 400/unit Multi Family $ 400/unit RESIDENTIAL/COMMERCIAL/INDUSTRIAL The cash equivalent of the undeveloped fair market value of 10 % of gross site Little Canada Single Family $ 300/unit Multi Family $ 100/unit COMMERCIAL/INDUSTRIAL 5 % of the fair market value of the undeveloped land. Mahtomedi RESIDENTIAL/COMMERCIAL/INDUSTRIAL 10 % of the undeveloped fair market value or $ 200/lot whichever is greater. Oakdale DENSITY UNITS/ACRE CASH DEDICATION 0 - 1 units/acre $ 275/unit 1.1 - 3 it $ 275/unit 3.1 - 4 is $ 250/unit 4.1 - 5 it $ 250/unit 5.1 - 6 if $ 250/unit 6.1 - 7 it $ 220/unit 7.1 - 8 it $ 220/unit 8.1 - 9 $ 220/unit 9.1 - 10 $ 220/unit 10.1 + $ 220/unit COMMERCIAL/INDUSTRIAL None Plymouth Single or Multi Family $ 575/unit COMMERCIAL/INDUSTRIAL The cash equivalent of 10 % of the undeveloped land value or $ 2,700 per acre, whichever is less. Roseville RESIDENTIAL/COMMERCIAL/INDUSTRIAL The cash equivalent of the undeveloped fair market value of 10 % of gross site area. -13- TABLE II (eont'd) Shoreview DENSITY UNITS/ACRE $ OF LAND VALUE 0 - 2 units/acre 4 % 2.1 - 3 if 5 % 3.1 - 4 itb % 4.1 - 5 we7 % 5.1 + of 10 * undeveloped land value with utilities included on or near the site. COMMERCIAL/INDUSTRIAL 10 % of the fair market value of the land. Vadnais Heights 0 - 3 units/acre $ 200/unit (Development sites 3 - 6 of $ 250/unit of 0 - 5 acres) 6 - 8 It $ 300/unit • DENSITY UNITS/ACRE $ OF LAND VALUE (Development sites 0 - 2 units/acre 9 % of 5 or more acres) 2 - 4 to 11 % 4 - 6 If 13 % 6 - 8 if15 % 8 - 10 it 17 % 10 + to 17 - 20 % * undeveloped land value without utilities. COMMERCIAL/INDUSTRIAL $ 200 per 4, 000 S.F. of building or 5 % of value of appraised undeveloped site White Bear Lake Single Family $ 375/unit Duplex $ 750 • Apartments, townhouses,condos. $ 250/unit + $75/bed added above the first bedrm COMMERCIAL/INDUSTRIAL $ 1, 500 per acre, excluding streets and roads. White Bear Township. Single Family $ 325 Multi Family $ 325/dwelling unit undeveloped land value with utilities not included. COMMERCIAL/INDUSTRIAL 10 % of the fair market value of the land. Woodbury Single Family $ 400/unit Duplex $ 300/unit Multi Family $ 200/unit CONMERCIAL/INDUSTRIAL The cash equivalent of $- 1,200/ae-re - industrial, $ 1,500/acre - commercial, $ 1, 800/acre office. -14- TABLE III SUMMARY OF UNIT FEES FOR SINGLE FAMILY LANDUSE CITY UNIT FEE Coon Rapids $ 384 Eagen 471 Eden Prairie 420 Fridley 1,500 Lakeville 500 Lino Lakes 400 Little Canada 300 Mahtomedi 200* Plymouth 575 Vadnais Heights 200* White Bear Lake 375 White Bear Township 325 Woodbury 400 Statistics: n = 13, average fee = S 465, median(.5) = S 400 * or the land value equivalency. -15- TABLE IV PROBABLE PARK DEDICATION EXAMPLES EXAMPLE No. 1 - Single Family Residential This example consists of a single family residential development in the City of Vadnais Heights. Site construction was begun in 1986 and consisted of 81 homes on 42.84 acres (density: 1.89 units/acre) . The appraised undeveloped land value was $ 8,700/acre for a total value of $ 372,708. The following is a summary table listing each city's probable park - land or cash dedication based upon the information within tables I and II which would be required if the development took place within their corporate boundaries. CITY CASH. DEDICATION LAND DEDICATION Fridley $ 121,500 1.28 acres Plymouth $ 46,575 4.28 to Lakeville $ 40,500 3.78 to Eagen $ 38,151 ---- Arden Hills $ 37,271 4.28 of Mahtomedi $ 37,271 4.28 of Roseville $ 37,271 4.28 is Vadnais Heights* $ 37,271 4.28 " Eden Prairie $ 34,020 ---- Vadnais Heights** $ 33,544 (actual amount paid) 3.86 " Lino Lakes $ 32, 400 4.28 " Woodbury $ 32,400 ---- Coon Rapids $ 31, 104 4.28 " White Bear Lake $ 30,375 4.28 White Bear Twp. $ 26,325 4.28 Little Canadp $ 24,300 4.28 " Oakdale $ 22,275 4.28 " Shoreview $ 14, 908 4..28 " * Estimated park dedications based upon the recommendations in this report. ** Park dedication based upon existing ordinance. NOTE The above table is based entirely upon an appraised undeveloped land value. The actual fair market value of the site was approximately $ 16, 000 per acre or a total of $ 685, 440. This would substantially affect the three of the above local units (Arden Hills, Mahtomedi, and Roseville) -16- TABLE IV (cont 'd) EXAMPLE No. 2 = Multi Family Residential This example consists of an apartment complex of 113 dwelling units upon 7.25 acres (density: 15.6 units/acre) . The complex is in the City of vadnais Heights and has begun construction in late 1987. The park dedication is an estimate based upon an appraised undeveloped land value of $12, 000/acre or a total land value of $87, 000. CITY CASH DEDICATION LAND DEDICATION Plymouth $ 64, 975 1.56 acres Fridley $ 56,500 0.72 " Lakeville -$ 48,720 ---- Lino Lakes $ 45,200 0.72 " White Bear Twp. $ 36,725 0.72 Eden Prairie $ 36,160 ---- White Bear Lake $ 35,000 0.72 Eagan $ 34, 917 ---- Vadnais Heights* $ 29,380 0.72 Coon Rapids $ 26, 894 1.30 Oakdale $ 24, 860 1.81 " Woodbury $ 22, 600 ---- Mahtomedi $ 22, 600 0.50 " Vadnais Heights** $ 17, 400 1.45 Arden Hills $ 13,040 1.09 " Little Canada $ 11,300 0.72 Roseville $ 8, 700 0.72 " Shoreview $ 8,700 0.72 " * Estimated park dedication based upon the recommendations in this report . ** Estimated park dedication based upon existing ordinance. -17- TABLE IV (cont 'd) EXAMPLE No. 3 - Commercial/Industrial This example consists of a light manufacturing building of 24, 644 S.F upon 1.9 acres. The complex is in the City of Vadnais Heights and was constructed in late 1986. The park dedication is an estimate based upon an undeveloped land value of $ 65,340/acre or a total land value of $ 124, 146. CITY CASH DEDICATION LAND DEDICATION Arden Hills $ 18,295 (probable maximum) 0.28 acres Lino Lakes $ 12,415 0.19 if Mahtomedi $ 12,415 0.19 if Roseville $ 12,415 0.19 " Shoreview $ 12,415 0.19 " White Bear Twp. $ 12, 415 0.19 Coors Rapids $ 6,207 0.09 " Little Canada $ 6,207 0.19 " Vadnais Heights* $ 6,207 0.19 " Plymouth $ 5, 130 0.19 " Lakeville $ 4,750 ---- Eden Prairie $ 4,370 ---- Fridley $ 3,724 0.06 " Eagen $ 3,277 ---- White Bear Lake $ 2, 850 0.09 " Woodbury $ 2,280 ---- Vadnais Heights** $ 1,200 (actual amount) 0.19 " * Estimated park dedication based upon the recommendations in this report. ** Park dedication based upon existing ordinance. r�s ORDINANCE #89- 17 CITY OF RAMSEY ANOKA COUNTY STATE OF MINNESOTA AMENDMENT TO C11APTER 170. known as the Planning, Subdivision and Signs Chapter of Chapter 170. of the City Code. AN ORDINANCE ADDING CHAPTER 170. 06 to the City Code and repealing Se^tion 170. 038F of the City Code and repealing Ordinance 88-4. The City of Ramsey ordains: SECTION 1. AMENDMENT. Chapter 170. 06 of the City Code is amended as follows: 170. 06 PARK AND OPEN SPACE DEDICATION 170. 061 PURPOSE The City Council recognizes it is essential to the health, safety and welfare of the residents of Ramsey and persons working in Ramsey, that the character and quality of the environment be considered to be of major .� importance in the planning and development of the City. In this regard, the manner in which land is developed and used is of high priority. The preservation of land for park, playground and public open space purposes as it relates to the use and development of land for residential, commercial/industrial purposes is essential to the maintaining of a healthful and desirable environment for all citizens of the City. The City must not only provide these necessary amenities for our citizens today, but also be insightful to the needs of our future citizens. It is recognized by the City Council that the demand for park, playground and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any given area. Urban type developments mean greater numbers of people and higher demands for park, playground and public open space. To disregard this principle is to inevitably over-tax existing facilities and thus, diminish the quality of the environment for all. 1 ' r The City' s Park Systems Plan has established minimum community criteria for meeting the needs of the residents ,.� of Ramsey. It is the policy of Ramsey that the following standards and guidelines for the dedication of land for park, playground, and public open space purposes (cr cash contributions in lieu of such dedication) in the subdividing and developing of land within the City shall be directly related to the density and intensity of each subdivision and development. 170. 062 RESIDENTIAL PARKLAND DEDICATION The amount of land to be dedicated by a subdivider for residential development shall be based on the gross area of the proposed subdivision, proposed type of dwelling unit and density. T::e formula-- for land dedication shall be based on the number of proposed units per acre. DWELLING UNITS LAND TO BE DEDICATED 0 - 0. 3 units per acre 7% 0.31 - 3. 0 units per acre 10% 3. 1 - 6. 0 units per acre 12% 6. 1+ units per acre Add . 5% for each unit over 6 (maximum of 16. 5%) 170. 063 INDUSTRIAL/COMMERCIAL PARKLAND DEDICATION Subdividers of commercial/industrial land, including commercial/industrial portions of Planned Unit Developments, shall be required at the time the final plat is approved to dedicate to the City for park, playground, and public open space purposes, an amount of land up to 5% of the gross land area as determined by the City Council. 170. 064 PLANNED UNIT-" DEVELOPMENTS (PUD' s) Parkland dedication requirements for PUD' s shall provide a minimum of ten percent (10%) for public open space and recreational uses or cash in lieu of land in addition to those special requirements in City Code Section 170. 016K. 2 170. 065 STANDARDS FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK PURPOSES A. Land proposed to be dedicated for public purposes shall meet identified needs of the City. B. Prior to dedication for public purpose, the subdivider shall deliver to the City Attorney, an abstract of title or registered property abstract for such dedication. Such title shall vest in the City good and marketable title, free and clear of any mortgages, liens, encumbrances, assessments and taxes. The conveyance documents shall be in such form acceptable to the City Council. C. The required dedication shall be made at time of final plat approval. D. The removal of trees, topsoil, storage of construction equipment, burying of construction debris, or stockpiling of surplus soil is strictly forbidden without the written approval of the City council. E. Grading and utility plans, which may affect or impact the proposed park dedication, shall be reviewed and approved by the Parks and Recreation r� Commission prior to dedication, or at such time as is reasonably determined. F. To be eligible for park dedication credit, any land to be dedicated as a requirement of this Section shall be useable, developable land for use for park and recreation purposes and shall be at a location convenient to the people to be served. 170. 066 CASH PAYMENT In lieu of land dedication, the City Council may require the subdivider to contribute a cash payment. The value of such payment shall be either the greater amount established by a specified contribution per dwelling unit or a percent of fair market value of the undeveloped land commensurate with the percent of land which otherwise would have been required under Sections 170. 062 and 170. 063 of this chapter. "Fair Market Value" , for purposes of this Section 170. 066, shall be determined as of the time of filing the final plat in accordance with the following: A. The City Park and Recreation Commission and subdivider may agree upon a recommendation to the City Council as to the fair market value. 3 B. The City Council after reviewing the Park and ,.� Recreation Commission's recommendation, may agree with the subdivider as to the fair market value. If agreement is not reached in this manner, then fair market value shall be determined in accordance with the following: The fair market value as determined by the City Council based upon appraisals, accepted purchase agreements, comparable market transactions or other pertinent records as determined by the City Council. The cash contribution per dwelling unit, effective upon the effective date of this ordinance shall be in accordance with the following schedule: CASH CONTRIBUTION PER HOUSING TYPE RESIDENTIAL DWELLING UNIT Single Family Rural $350. 00/dwelling unit Densities <1 unit/3 . 3 acres All Other Dwelling Units $500. 00/dwelling unit ,•� The City Council, upon review and recommendation of the Park and Recreation Commission shall annually determine by resolution the park and dedication fee per residential unit. If, at the option of the City Council it is determined that a cash dedication shall be made, said cash shall be placed in a special fund for Parks and Recreation use and deposited by the developer with the City prior to final plat approval. 170. 067 COMBINATION OF LP.ND DEDICATION AND CASH PAYMENT In appropriate plats, a combination of land and cash may be required by the City Council. In the event a combination of land and cash is required, the amount of land to be dedicated shall be credited against the total park dedication requirement and the remaining cash contribution shall be based on the greater of the specified cash contribution per dwelling unit or the fair market value of the land. When determining the cash contribution for the remaining acreage, the overall density of the plat shall be the basis for determining the potential number of dwelling units per acre. 4 170. 068 SCENIC EASEMENTS In appropriate plats, as determined by agreement between the City Council and the subdivider, the subdivider may dedicate to the public a scenic easement in combination with the requirements of Sections 170. 062 and 170. 063 above or, if the subdivider and City Council agree, the scenic easement dedication may be in lieu of up to 25% of the requirements in Sections 170. 062 and 170. 063 above. 170. 069 REQUIRED IMPROVEMENTS Subdividers shall be responsible for making certain improvements to the parkland they dedicate within their development for park, playground and public open space purposes as follows: A. Provide finish grading and turf establishment for all park, playground, trail and public open spaces and provide-. landscape screening in accordance with City Policy. B. Complete, construct and pave trails which are identified in the City' s Trail Corridor Plan in accordance with City Standards concurrently with the roads in their developments (i.e. , grading with site grading and paving with street or parking lot paving) . Park dedication credit will be given for right-of-way connecting these trails to existing or proposed trails identified in the City' s Trail Corridor Plan as well as for construction of the trail(s) and associated improvements. C. Complete, construct, and pave walkways which may be required as a trail link connector in accordance with City Standards. Such walkways may be within or abutting residential street right-of-ways. No park dedication credit will be given for these connecting links or construction thereof. D. Establish park boundary corners for the purpose of erecting park limit signs. The developer shall cont-act- the appropriate Parks and Recreation Department personnel for the purpose of identifying park property corners. E. Provide sufficient public road access of no less than 300 feet for neighborhood parks, and additional frontage for community parks. F. Where improvements are to be made, the subdivider shall submit a site, grading and landscape plan prepared by a registered engineer or landscape architect to the City for approval during the preliminary plat process. 5 170. 069a EXCEPTION TO REQUIRED IMPROVEMENTS No subdivider shall be required to construct or make improvements on the Mississippi River Corridor Trail. 170. 070 AGREEMENT AS TO DEDICATION Agreements as to the requirements in Sections 170. 061 through 170. 069 above shall be made prior to preliminary plat approval. Failure of the City Council and subdivider to reach agreement regarding the matters in Sections 170. 061 through 170. 069 above shall constitute denial of the preliminary plat. 170. 071 EXCEPTIONS In the case of a request to divide a lot which is a part of a recorded plat where the division is to permit the adding of a parcel of land to an abutting lot which does not create a new buildable lot, the subdivider shall be exempt from complying with any procedural requirements of this ordinance. 170. 072 APPLICATION TO MINOR SUBDIVISIONS In the event of a minor subdivision, the provisions of this Chapter shall apply to the new lots being created rather than the gross area being subdivided. 170. 073 APPLICATION TO RESUBDIVISION A. In the event of a resubdivision of a parcel for which park dedication requirements have previously been met, no additional park dedication requirements shall be imposed as a result of the resubdivision providing the overall density of development of the parcel remains the same as the density allowed under the zoning in effect at the time of the initial subdivision. B. In the event that park dedication requirements were met through the use of a fee per dwelling unit or based on the value of the improvement, additional park dedication shall be made for each new lot created under resubdivision. The park dedication fee shall be based on the specified contribution per dwelling unit for residential properties resulting from the resubdivision. 6 SECTION 2 . REPEAL r-� Section 170. 06 of the Ramsey City Council entitled Dedication of Parks and Open Spaces adopted by Ordinance 83-13 , 88-4 , and 88-15 are hereby repealed only to the extent that it is not applicable to subdivisions filed with the City for approval after the effective date of this Ordinance. Ordinances 83-13 , 88-4 , and 88-15 shall remain in effect for all plats filed after the effective date of said Ordinance 83-13 , 88-4 , and 88-15 and prior to the effective date of Ordinance 89- SECTION 3 . EFFECTIVE DATE This Ordinance becomes effective upon its passage and thirty (30) days after its publication according to law, subject to City Charter Provision, Section 5. 04 . PASSED by the City Council of the City of Ramsey, Minnesota the 22nd day of August 1989. Gary R. Reimann ATTEST: Mayor David R. Hartley City Administrator/Clerk Introduction Date: June 27, 1989 Posting Dates: June 27, 1989 - August 22, 1989 Adoption Date: _ August 22, 1989 Publication Date: September 1 , 1989 Effective Date: October 1, 1989 7 B7,L9 APPLE VALLEY CODE APPENDIX B—SUBDIVISIONS §B1-21 ;i) That the subdivision has been properly oriented for possi- to the city. Such payment shall be based upon a formula ble solar energy system use within the subdivision or as it established by the city council in effect at the time of relates to adjacent property. approval of the final plat. (j) That the design of the subdivision is compatible and con- (3) Dedication credits for construction. Dedication credit shall sistent with the platting or approved preliminary plat on not be granted for the construction of recreational facili- adjacent lands. (Ord. No. 293, § 1, 4-21-83) ties unless a specific agreement granting credit is approved by the city council. Sec. 131-20. Platting additions. (4) Dedication of ponding areas. (a) Prior to granting final plat approval, the city council may (i) Ponding areas, needed as a part of the overall city permit or require the plat to be divided into two (2) or more storm drainage plan, shall be dedicated as land or additions or may impose such conditions upon the filing of the easement at the option of the city and as accepted by additions as it may deem necessary to ensure the orderly devel- the city. However, no credit shall be given for park opment of the plat. dedication unless said area meets the criteria for pub- (b) The city may also require the developer to plat all areas not lic parks as stated in the city's park dedication resolu- developed at the time of platting the first addition into outlots tion and is approved by the city council. Said dedica- and the city may require all streets therein to be dedicated at the tion of land or easement shall be in a form approved time the final plat is approved for the first addition in order to by the city council. ' ensure continuity of a public street system. (Ord. No. 293, § 1, (ii) Owners or subdividers shall be required, as a prereq- 4-21-83) uisite to approval of a plat or subdivision, to dedicate, as land or easement for ponding,a minimum of five(5) Sec. B1-21. Public uses. percent of the area to be platted or subdivided. In the (a) Designation on preliminary plat alternative, the city council may require a cash dona- tion for use in acquisition of ponding areas. Such pay- (1) Where a proposed park, trailway, ponding, or open space ment shall be based upon a formula established by the area, shown on the city's comprehensive guide plan, park city council in effect at the time of approval of the development guide, comprehensive storm sewer plan or final plat. official map, is located in the whole or in part in a subdivi- (5) Land in excess of dedication requirements. Where land sion, such area or areas shall be shown on the preliminary proposed for public use exceeds the percentage normally plat. Such area or areas shall also be dedicated to the city required by the city and the subdivider will not dedicate by the subdivider if the city council requests such dedica- the additional amount, the city council shall have six (6) tion under the provisions of paragraphs below. months from the date of initial consideration by the city (2) Park land dedication. Said dedicated land shall be in an council to proceed and purchase said additional amount. amount determined to be reasonable by the city council. Where a purchase is not initiated within said six(6)months, Said land must be suitable and acceptable for said use(s), the plat shall be revised to permit another use and the as determined by the city council. In lieu of the conveyance processing of the plat shall continue. of dedicated land as provided above, the owner or subdi subdi- vider may, at the option of the city, pay to the city, for use (6) Land dedication; commercial, industrial and other visions. in acquisition and development of parks, a cash payment Supp.No.3 1484 Supp.No.3 1485 1, l § B1-21 APPLE VALLEY CODE APPENDIX B—SUBDIVISIONS §B1-22 (i) The city shall require park or public land dedication grass by weight and a minimum of ninety (90) percent of in commercial, industrial or other nonresidential sub- permanent bluegrass and/or fescue grass by weight. All divisions where deemed necessary to fulfill a demon- seed shall have been tested for germination within one strated need. In those instances where the city council year of the date of seeding and the date of testing shall be deems it is in the public interest to require park dedi- on the label containing the seed analysis.Between October cations from such subdivisions, it may require dedica- 1 and March 15, and between May 15 and August 15, the tion of an amount of land equal in value to five (5) applicant shall submit an agreement in writing signed by percent of the undeveloped land proposed to be subdi- the developer that respreading of soil and seeding of lawn vided. Said dedicated lands shall be reserved for pub- will be done during the immediate following planting sea- lic use as parks, bus stops, playgrounds, public open son as set forth in this section and provide a performance space, or any combination thereof. bond to guarantee said seeding. Said condition shall also (ii) As an alternative, the city may require the subdivider be in accordance with the city's resolution on condition of to contribute an amount in cash equivalent to the acceptance of public parks in Apple Valley. value of the land required to be dedicated by this (b) Title and survey requirements. section. Cash donations shall be used only for the ac- quisition or development of land for parks or playgrounds. (1) Lands so dedicated shall be accompanied by a certificate of (7) Timing of park dedication. If a new subdivision is designed survey or shall be designated as a lot or outlot on the plat to be platted into more than one addition, all park and as determined by the city. other public use lands contemplated under this section in (2) Further, such lands shall be free and clear of all liens and the total subdivision area, except streets, alleys or ease- encumbrances including special assessments as evidenced ments other than those leading directly to such sites, shall by an up-to-date abstract of title or registered property be dedicated by the time of approval of the final plat for abstract to be submitted at developer's cost to the city for the first addition unless otherwise approved by the city its examination. council. All other lands contemplated to be dedicated under (3) Such dedication shall be in the form and manner as pre- this subdivision shall be dedicated by the time of final plat scribed by the city attorney. (Ord. No. 293, § 1, 4-21-83) approval by the city council. (8) Condition of areas to be dedicated. Areas to be dedicated Sec. B1-22. Landlocked parcels. for public park, trail, or ponding shall be brought to a As a general rule, the city shall not permit landlocked parcels suitable condition by the subdivider prior to acceptance by or parcels that are only served by private easements. However the city. All dead trees, trash, junk, unwanted structures the city may permit the following: or similar undesirable elements shall be removed by the owner at his expense. On grades or exposed areas which (a) Landlocked parcels in a multiple dwelling or commercial are not sodded, lawn grass seed shall be sown at not less complex provided said parcel(s) have access to a public than four (4) pounds to each one thousand (1,000) square street by an easement over another parcel within the same feet of land area. In the spring, the seed shall be sown multiple dwelling or commercial complex. between March 15 and May 15; and in the fall, the seed (b) Landlocked parcels which are unbuildable (outlots) and shall be sown between August 15 and September 30. The reserved as permanent public open spaces such as ponding seed shall consist of a maximum of ten (10) percent rye areas may be permitted. A scenic easement may be re- Supp.No.3 1486 Supp.No.3 1487 t C flly 11=4-5 1 t-4--5: EASEMENTS: t (A) Width and Locatst.n: An easement for utilities at least ten feet ON wide shall be provided along the front lot lines, Easements along side and rear lot lines shall be five feet (a'1 in width on each side of the lot line. If necessary for the extension of main water or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots. (B) Continuous Utility Easement Locations: Utility easements shall connect with easements established in adjoining properties. These easements when approved, shall not thereafter be changed without the approval of the City Council after a public hearing. (C) Guy Wires: Additional easements for pole guys should be provided, where appropriate, at the outside of turns, where possible, lot lines shall be arranged to bisect the exterior ang'a so that pole guys will fall along side lot lines. 11-4 STORM DRAINAGE: All subdivision design shall incorporat% adequate provisions for storm water runoff consistent with L Burnsville Drainage Plan, as amended, and be subject to review and approval of the City Engineer. 11-4-7: PROTECTED AREAS: Where land proposed for subdivision isdeemed environmentally sensiti�a by the City, due to the existence of wetlands, drai .Jge ways, watercourses, f )odable areas, steep slopes or other environmental features, the design of said subdivision shall clearly reflect all necessary measure of protection to insure against adverse environmental impact, in accordance with the provisions of Title 10, Chapter 8, of the Burnsville City Code. ? 11-4--8. DEDICATION FOR PUBLIC PURPOSE: (A) Pursuant to Minnesota Statutes, 1971, section 462.358, subdivision 2, as amended in chapter 176 Minnesota laws, 1973, the Ciry Council of the City shall require all developers requesting platting or replatting in cases where no previous dedication has been made, or the development of unplatted land in the City to contribute lands, in the amounts listed below, to be dedicated to L public for Poheir use as either parks, playground, public open space, trail C ITT !J,,_ 98 11-4-8 11--4$ �,. A) systems, water ponding, public lands or to contribute an equivalent amount of cash, based upon the conditions outlined below. The form of �^ contribution (cash or land, or any combination of) shall be decided by the City Council based upon need and conformance with approved City plans. (B) All monies collected from cash contributions shall be placed in a special fund from which only those public uses, as listed in subsection (A) of this Section may be' constructed or improved, or land for those same uses may be acquired. The City may elect to receive a combination of cash, land and development of the land for park use. Cash contributions shall be due prior to the issuance of the first building permit in the subdivision. (C) Where a proposed park, playground or other recreational areas, proposed school site or other public ground that has been indidated in the official map and/or master plan is located in whole or in part within a proposed subdivision, such proposed public site shall be designated as such and should be dedicated to the City, school district or other proper governmental unit. If the subdivider chooses not to dedicate an area in excess of the land required under this Section hereof for such proposed public site, the Council shall not be required to act to approve or disapprove the plat of the subdivision for a period of ninety (90) days after the subdivider meets all the. provisions of the Subdivision Title in order to permit the Council, school board or other appropriate governmental unit to consider the proposed plat and to take the necessary steps to acquire, through purchase or condemnation all or part of the public site proposed under the official map or master plan. (D) In such cases where the developer is required to dedicate land area, the City Council shall have the right to determine the geographic location and configuration of said dedication. (E) dedication Formula: The dedication formula for residential land shall be based on the national standard of providing ten (10) acres of parks and open spaces per one thousand (1000) population and residential subdivisions shall be computed on the proposed number of dwelling units in a project and the average population for dwelling unit type as established by the Metropolitan Council. The dedication formula for commercial and industrial district development shall be five percent (5%) of the gross land area. Where the City Council elects to take cash in lieu of land, such contribution shall be based upon land dedication requirement multiplied by the average cost per acre by zoning district as established from time to time by the City Council. 983 11 -8 11,4-9 (F) In no case shall dedication of lands for public uses as listed in subsection (A) of this Section restrict or limit proposed density or floor area coverage where proposed plans are found to be in total compliance with this Code. (G) In residential subdivisions where active parr and recreational facilities are proposed (specifically designated on development plans) for either public or private use, and where a cash contribution or combination dedication is required, the City Council may waive up to two percent (2%) of the dedication requirements as listed in subsection (E) of this Section. (H) Wetlands, ponding areas and drainage ways accepted by the City shall not be considered in the open space land and/or cash contribution to the City. 11-4-9: MINIMUM DESIGN FEATURES: The design features set forth in this Chapter are minimum requirements. in keeping with the spirit and intent of this Title, the City may impose additional or more stringent requirements or safeguards concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided. (Ord. 250, 2-22.83) 983 C •1 � r D E M A N D F O R M U L A F O R P A R R D B D I C A T Z O N (RERDENT AL Z0:1T-NG) L A N D D E D I C A T I O N Proposed. .Pro�- ec' x Average Pop_ - Project Criit, Count per unit Population- . Project _ 1.f1f�0!Pop. x 10 Acres = Tota1 z,a_nd PO-Ulation i 110 acresj3000 Pop. ) (Nat'l Park Dedication - Standard) Required C A S H E Q U I V A L E N T Land � x Average Cost Park Dedication, per Acre Dedication_ Requirement (by Zoning Dist_) Funds Due _ 1989 BURNSVILLE POPULATION PER RESIDENTIAL UNIT Structure Total Total People Average Category Population Units Per Unit 2.65 1 Unit 24, 133 6,591 3. 66 2. Unit 362 109 3.32 (duplex) 3 & 4 367 169 2.17 5 or more Unit Bldg. 6, 657 3,535 1.88 Mobile Hoene 1,424 571 2.49 990 &VERAGE LAND COSTS EER ACRE FOR pME DEDICATION FO ZONING DISTRICT AVERAGE VALUE R-IA $ 7,500 R-1 $12,500 R-2 $14,000 R-3A $22,500 R-3B $32,500 Commercial $55,000 Industrial $25,000 CITY OF EAGAN PARK DEDICATION POLICY POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION 1310 OF THE CITY CODE. 1. PURPOSE: The City Council recognizes it is essential to the health, safety and welfare of the residents of Eagan and persons working in Eagan, that the character and quality of the environment be considered to be of major importance in the planning and development of the City. In this regard the manner in which land is developed and used is of high priority. The preservation of land for park, playground and public open space purposes as it relates to the use and development of land for residential, commercial/industrial purposes is essential to the maintaining of a healthful and desirable environment for all citizens of the City. The City must not only provide these necessary amenities for our citizens today, but also be insightful to the needs of our future citizens. It is recognized by the City Council that the demand for park, playground and public open space within a municipality is directly related to the density and intensity of development permitted ad allowed within any given area. Urban type developments mean greater numbers of people and higher demands for park, playground and public open space. To disregard this principle is to inevitably over-tax existing facilities and thus, diminish the quality of the environment for all. The City's Park Systems Plan Study has established minimum community criteria for meeting the needs of the residents of Eagan. In order to meet the community needs for parks and open space,15 acres of park shall be required for each 1,000 residents, of which 12 acres shall be designated as neighborhood parks. This shall be the standard upon which the City shall establish its parkland and parks cash dedication. It is the policy of Eat,n that the following standards and guidelines for the dedication of land for park, playground, and public open space purposes (or cash contributions in lieu of such dedication) in the subdividing and developing of land within the City shall be directly related to the density and intensity of each subdivision and development. 1 2. RESEAL PARKtD DEDICATION The amount of land to be dedicated by a developer shall be based on the gross area of the proposed subdivision, proposed type of dwelling unit and density. Census data for 1985 of 3.5 residents for single family, 2.8 for duplex, 2.1 for townhouse/quad. and 1.9 for apartments has been used as density standards for formulating calculations in meeting the criteria of park needs of Eagan residents. The formula for land dedication: The greater of 1) proposed units per acre or 2) zoned density. DWELLING UNITS LAND- TO BE DEDICATED 0 - 1.9 units per acre 8% 1.9 - 3.5 units per acre 10% 3.5 - 5.9 units per acre 12% 6 - 10 units per acre 14% 10 + units per acre Add .5% for each unit over 10 3. STANDARDS FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK PURPOSES A. Land proposed to be dedicated for public purposes shall meet identified needs of the City as contained in the Park Systems Plan and Comprehensive Guide Plan. B. Prior to dedication for public purpose, the subdivider shall deliver to the City Attorney, an abstract of title or registered property abstract for such dedication. Such title shall vest in the City good and marketable title, free and clear of any mortgages, liens, encumbrances, assessments and taxes. The conveyance documents shall be in such form acceptable to the City. C. The required dedication and/or payment of fees-in-lieu of land dedication shall be made at time of final plat approval. D. The removal of trees, topsoil, storage of construction equipment, burying of construction debris, or stockpiling of surplus soil is strictly forbidden without the written approval of the Director of Parks and Recreation. E. Grading and utility plans, which may affect or impact the proposed park dedication, shall be reviewed and approved by the Parks ad Recreation Director prior to dedication, or at such time as is reasonably determined. F. To be eligible for park dedication credit, land dedicated is to be located outside of drainways, flood plains or ponding areas after the site has been developed. Grades exceeding 12% or are unsuitable for parks development shall be considered for partial dedication. 2 Where ponding has been determined to have a park function, credit will be given at.,a rate of 50% of the pond and adjoining land area below the high water level; a minimum of 70% of land above the high water mark shall be dedicated before pond credit is granted. Other City park dedication policies relating to pond dedication must also be complied with. In those cases where subdividers and developers of land provide significant amenities such as, but not limited to swimming pools, tennis courts, handball courts, ball fields, etc, within the development for the benefit of those residing or working therein, and where, in the judgment of the Director of Parks and Recreation, such amenities significantly reduce the demands for public recreational facilities to serve the development, the Director may recommend to the Advisory Parks and Recreation Commission that the amount of land to be dedicated for park, playground and public open space (or cash contributions in lieu of such dedication) be reduced by an amount not to exceed 25% of the amount calculated under paragraph 2 above. G. The City, upon review, may determine that the developer shall create and maintain some form of on-site recreation use by the site residents such as tot lots and open place space. This requirement may be in addition to the land or cash dedication requirement. 4. CASH I?FDICATIUN If, at the option of the City, it is determined that a cash dedication shall be made, said cash shall be placed in a special fund for Parks and Recreation use and deposited by the developer with the City prior to final plat approval. The City Council, upon review and recommendation of the Advisory Parks and Recreation Commission, shall annually determine by resolution the park cash dedication fee per residential unit. Said fee shall be determined by the average market value of undeveloped residential property by zoning classification, served by major City utilities, divided by the number of units per acre which shall provide the equivalency of twelve acres per thousand population. Said cash dedication, effective January 1, 1990 shall be: Cash Equivalent Units Per Per Residential Housing Type Averagg Market Value 100 Population Unit Single Family $16,000 per acre 28 $685.00 Duplex $17,500 per acre 35 600.00 Townhouse/Quad $21,000 per acre 47 535.00 Apts/Multiple $23,500 per acre 52 540.00 Cash dedication shall be determined/computed at the rate in effect at the time of final plat. 3 S. INDUSTIIAISOMMERCIAL DEDICATION REQUIREMENTS Subdividers and developers of commercial/industrial land,including commercial/industrial ,-� portions of Planned Developments, shall be required at the time the site plan is approved and building permits are issued to dedicate to the City for park, playground and public open space purposes, an amount of land up to 7.5% of the net land area within the development as determined by the City. In those cases where the City does not require park or open space within such developments, the City shall require payment of fees in lieu of such land dedication in an amount equal to $.055 per square foot of net land area, or such amount as determined by the City Council. Cash shall be contributed at the time of approval of each final plat or at the time of site plan or building permit approval, as determined by the City. The fee dedication requirement for all commercial/industrial plats which have received site plan approval prior to January 1, 1983, but have not been issued building permit approval from the City, shall be in an amount equal to $.025 per sq. ft. of net land which shall be contributed at the time of building permit approval. A credit of up to 25% of the required dedication may be allowed by the City Council for on-site storm sewer, water, ponding and settling basins provided that such improvements benefit identifiable park and recreation water resources. The City Council, upon review and recommendation of the Advisory Parks and .-� Recreation Commission, may annually review and determine by resolution, an adjustment to the industrial/commercial fee based upon the City's estimate of the average value of undeveloped commercial/industrial land in the City. 6. REQUIRED IMPROVEMENTS Developers shall be responsible for making certain improvements to their developments for park, playground and public open space purposes as follows: A. Provide finished grading and ground cover for all park, playground, trail and public open spaces within their development as part of their development contract or site plan approval responsibilities. Landscape screening shall be in accordance with City Policy. B. Establish park boundary corners for the purpose of erecting park limit signs. The developer shall contact the appropriate Parks and Recreation Department personnel for the purpose of identifying park property corners. C. Provide sufficient public road access of no less than 300 feet for neighborhood parks and additional frontage for community parks. ro 4 i 7. Aj=QRTTY The State of Minnesota has recognized the importance of providing for parks and open space in M.S.A. 462.358, Subdivision 2 (b) which clearly gives the right to cities in it's subdivisions regulations to require reasonable portions for public use. The City of Eagan has, by this dedication policy, chosen to exercise this right in establishing minimum requirements for meeting the public needs. 1990 5 •. II^I_C.J-177CJ KJQ•QK1 I I\QI 1 Li 1 1 VI n111J4.J.'LI`-. V �V���r r •Vi 1 t AL rX of ANDOVER FAX TRANSMITTAL SHEET Date: Jr.2S-9a To., 4 4U.M Company: Line laKes w Fax Number: ( ) - YGy - y C4>@ From: 7-odA 14cL4.5 Company: City of Andover Fax Number: ( 612 ) - 755 - 8923 Number of Pages ( including this transmittal form) Comments: 44'kru., r„ - Qv. � , . ►s ...1 � . woo•+ 1e r p v i ew ti%G V&4-e .tv�G a lLwa 4r p aeK Aa di owkbn. If all pages were not received or if there are question., regarding this information, please call the person listed above at (612 )-755-5100. f`IHT—G�-"177YJ rJo•rara rr�ui-i :i i i ui niiuUvu. , .: ._—a .-- h. Natural Features. In the subdividing of land, regard shall be shown for all natural features, including tree growth, water courses, historic places and similar amenities of the area, which if preserved will add attractiveness and stability to the area. i . Lot Remnants . Lot remnants which are below minimum lot area or dimension must be added to adjacent or surrounding lots rather than be allowed to remain as an unusable outlot or parcel . 9 . 07 Parks, Playgrounds, Open Space and Public Usel . ( 10A, 9-13-74 ) 9 .07 .1 Lands of Public Use or Other Provisions. Pursuant to Minnesota Statute, Chapter 462 . 358 , as amended, the City Council of the City of Andover shall require all owners or developers, as a prerequisite to approval of a plat, subdivision or development of land, to convey to the City or dedicate to the public use , for park or playground purposes, a reasonable portion of the area being platted, subdivided or developed as hereinafter specified. Said portion to be approved and acceptable to the City or in lieu thereof, the owners or developers shall, at the option of the City, pay to the City for the use in the acquisition of public parks, open space and playgrounds, development of existing public park and playground sites, and debt retirement in connection with n land previously required for public parks and playgrounds, an equivalent amount in cash based upon the undeveloped land value of that portion of said land that would have otherwise been required to be dedicated. The form of contribution ( cash or land) shall be decided by the City based upon need and conformance with approved City plans . 9 . 07 .2 Dedicated Land Requirements . Any land to be dedicated as a requirement of this section shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, tree cover , access and location. 9.07 . 3 Standards for Determination. The Park and Recreation Commission shall recommend to the City Council adoption of the Comprehensive Park Development Plan for determining what portion of each such development should reasonably be required to be so conveyed or dedicated. Such Comprehensive Park Development Plan may take into consideration the zoning classification assigned to the land to be developed, the particular proposed use for such land, amenities to be provided and factors of density and site development as proposed by the owners or developers . The Park and Recreation Commission shall further recommend changes and amendments to the Comprehensive Park Development Plan to reflect changes in the usage of land which may occur , changes in zoning classifications and concepts and changes in planning ane development concepts that relate to the development and usages to which the land may be put. Page 15 MAY-25-1990 08:Ul F-KUM [ 1 I 'f Ut- HNLJUVtK l u tio4ti goo �� 9 .07 . 4 park and Recreation Commission Recommendation. The Park and Recreation Commission shall , in each case, recommend to the City Council the total area and location of such land that the Commission feels should be so conveyed or dedicated within the development for park, playground, open space and public use purposes . 9 .07 . 5 Cash Contribution in Lieu of Lands . In those instances where a cash contribution is to be made by the owners or developers in lieu of a conveyance or dedication of land for park, playground, open space or public use purposes, the Park and Recreation Commission shall recommend to the City Council the amount of cash said Commission feels should be so contributed. Such recommendation shall be based on the market value of the undeveloped land that would otherwise have been conveyed or dedicated. 9 . 07 .6 Market Value of Lands. "Market Value" , for the purposes of this Ordinance shall be determined as of the time of the final plat without improvements in accordance with the following: a. The Park and Recreation Commission and owners or developers may recommend as to market value. b. The City Council , after reviewing the Park and Recreation r-� Commission' s recommendation, may agree with the owner or developer as to the market value. if agreement is not reached in this manner, then the market value shall be determined by an accredited appraiser chosen by the Park and Recreation Commission, at the expense of the owner or developer. Such appraisal shall be accepted by the City Council and the owner or developer as being an accurate appraisal of "market value" . ( 10N, 3-07-89 ) 9 .07 .7 Density and Open Space Requirements. Land area so conveyed or dedicated for park, open space and playground purposes may not be used by an owner or developer as an allowance for purposes of calculating the density requirements of the development as set out in the City Zoning Ordinance. The land shall be in addition to, (except for 9 . 07 .8 ) , and not in lieu of, open space requirements for Planned Unit Developments pursuant to the City Zoning Ordinance. 9 . 07 .8 Credit for Private Open Space. Where private open space for park and recreation purposes is provided in a proposed non-residential development and such space is to be privately owned and maintained by the owner of that non-residential development, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so and that the following standards are �0'*N met: Page 1 . MAY-25-199a 08:U1 rl-�Um �.iiY Ur HNLUVLM lu wo4��oo r,vti a. That yards, court areas, setbacks and open space required to be maintained by City Ordinances shall not be included in the computation of such private open space; b. That the private ownership and maintenance of the open space is adequately provided for by written agreement; c. That the private open space is restricted for park and recreation purpose by recorded covenants which run with the land in favor of the owners of the property within the non-residential development and which cannot be eliminated without the consent of the City council ; d. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space; e . That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan, and are approved by the City Council and; f. That where such credit is granted, the amount of credit shall not exceed one hundred ( 100% ) percent for the non- residential development of the amount calculated under Section 9. 07 . 10 . 9 . 07 .9 Park and Recreation Commission Administrative Procedures. The Park and Recreation Commission shall establish such administrative procedures as they may deem necessary and required to implement the provisions of this Ordinance . 9 . 07 .10 Dedicated Land, Minimum Area. Developers of land within the City of Andover shall be required to dedicate to the City for park, open space and playground purposes as a minimum that percentage of gross land area as set out below: a. Residential Requirement Dwelling Units/Acre (Gross Density) 0 - 3 10% over 3 Add two ( 2% ) percent to dedication requirements for each additional dwelling unit over three ( 3 ) units per gross density. b. Commercial-Industrial 10% ( 10D, 8-07-79) Page 17 9 . 07 .11 Metes and Bounds Lot Splits. The Park and Recreation Commission may recommend cash payment in lieu of park land on metes and bounds lot splits less than twenty ( 20 a. ) acres in size. The amount shall be determined through the same process outlined in Section 9 . 07 . 05. ( 10P, 12-19-89 ) SECTION 10. CONSTRUCTION OF IMPROVEMENTS. 10 . 01 General Conditions. Upon receipt of preliminary plat approval by the Council and prior to Council approval of the final plat, the subdivider shall make provision, in the manner hereinafter set forth, for the installation, at the sole expense of the subdivider, of such improvements as shall be required by the City, which improvements may include, but are not limited to, streets, sidewalks, public water systems, sanitary sewer systems, surface and storm drainage systems, and public utility services. The installation of said improvements shall be in conformity with approved construction plans and specifications and all applicable standards and Ordinances. 10. 02 Performance Contract. Prior to the installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a contract with the City which contract shall require the subdivider to construct said improvements at the sole expense of the subdivider and in accordance with approved construction plans and specifications and all applicable standards and Ordinances. Said contract shall provide for the supervision of construction by the Engineer ; and said contract shall require that the City be reimbursed for all costs incurred by the City for engineering and legal fees and other expenses in connection with the making of such improvements. The performance of said contract shall be financially secured by a cash escrow deposit or performance bond as hereinafter set forth. 10.03 Financial Security. The performance contract shall require the subdivider to make a cash escrow deposit or in lieu thereof to furnish a performance bond in the following amounts and upon the following conditions: a. Escrow Deposit. The subdivider shall deposit with the Treasurer a cash amount equal to one hundred fifty ( 150%) percent of the total cost of such improvements as estimated by the Engineer , including the estimated expenses of the City for engineering and legal fees and other expenses incurred by the City in connection with the making of such improvements . ( 10A, 9-10- 74 ) b. performance Bond. in lieu of a cash escrow deposit, the subdivider may furnish a performance bond, with a corporate surety satisfactory to the City in a sum equal to one hundred fifty ( 150% ) percent of the total cost of such improvements as estimated by the Engineer , including the estimated expense of the City for engineering and legal fees and other expenses incurred by the City in connection with the making of such improvements. ( 10A, 9-10- ^� 74) Page 18 TOTAL P.05 w vt: FACSIMILE REQUEST FORM SENT TO: �p OFFICE: FAX NUMBER: � r0 FROM.- l DEPARTMENT Dom: TIME: SUBJECT: NUMBER OF ,f PAGES 1� Return original copies to sender? Circle one: yes NO Additional Comments/Instructions: If you do not receive all of the pages, please ' L us as soon as possible for retransmission (612-469-4431) FAX City of Lakeville 20195 Holyoke Avenue West • P 0. Box 957 • Lakeville, MN 55044 . (612)469-4431 . FAX 469 3815 ORDIR NCE No. 340 cat of LAB wom Cmviy, Mnomsm AN CMnMNCE AMMMI IG TSTiE 10, CM2 4 OF ME LAMtr = CITY CODE C CKCIRUM OLSK DMIA=CNS AIM MAIM IEAICATICU -NIS FM PAMS r2m City Cout=il of Le3Ceville, Minnesota ardains: Sectiart 1. Title 10, Chapter 4, Section a, of the Lakesl1e City Code z anted to read as follows: 10-4-8: PARK LAND DMIC ATION RF7QQIREMENl5: A. As a prerequisite to subdivision approval w:ithi.xt the 2olo thimn service Area, subdividers shall dedicate land for par1m, pIaygtoun s, public open spasms and trails and/or shall malm a cash amp- ibut;cii to the City's Park Fund and Trail Fund as prsd by this section. B. Tad to be dedicated shall be reasonably suitable for its intended use and shall be at a location. =mnient to the people to be served. Factors used in evaluatinj the adequacy of proposed park and recreation axis shall include size, shape, tQpoc aphy, geology, logye tree caner, acx ss and location. Topography that exceeds 12% slopes shal 1. not receive credits unless approved by the City Com cil. n C. The Park and Recreation Advisory co=i ttee shall reramend to the City Cacnzcil the land dedication and CSC sb =tributim requirements .i.- proposed subdivisions_ D- C ranges in density of plats shall be reviewed by the Parks and Racre- ation Cc ittee for reconsideration of park dedication and, cash i buti m rec�zir� nts. E. WaEm a proposed park, playground, tecreation area, school site or tether public gr=xxi has been indicated in the City's official map or c pre- hensive plan and is located in whole or in part within a proposed plat it shall be designated as such on the plat and shall be dedicated to the Tr prrmr;a goVe,-neti rtal unit. If the subdivider elects not to dedicate an area in excess of the land required heretnxler for such proposed public site, the City may acrosicier acquiring the site tbrouga rxuxhase or condemnation. F. Land area =weyed or dedicated to the City shall not,be used in calcu- lating lating density regArments of the City Zoning Ord=ars - and shall be in addition to and wt in lien, of open space regu i nts for planned unit developments. S. W-iere private open space for park and recreation purposes is provided �.n a proposed sWx vision, such areas may be used for credit, at the lisr - - an of the City Coil, against the requirement of dedication .,01 f- ..x _ nd recreation purp► as, provided the city council finds it is public i nt-c-vist to do so. F. The City, upon consideration of the parting?ter type of development, may req=e larger or lesser parcels of ].and to be dedicated if the City deteimines that present or future ras'id r&s wwld requiregates or lesser land for park and p3.aygxrxud per. in addition, tbp- City C==il may also requires lots within the subdivision be held in escrow for fixture sale or developoent. The moseys derived from the sale of es=owed lots will be ussi to develop yr to purcbase park land in the fab=e. (Ord. 120, sec. 1,6-19-78) 1. 7n resie3 n-ia1 plats v6eie a land dedication is rewired, the following formula will be used to t irtQg-R!l ie the park land dedicaticn: - UN.ITS PER ACRE ralvn DIDICATICK P� 0 W 2-5 lot 2.5+ - 4 11% 4.+ - 6 13% 6.+ 8 M 8.-+- - 10 17% 10.+ 17-20% In vial or in1istrial plats where a lanai dedication is required the follow fb=wla w3-U be used to d tP*^mnxi the park lard de dic ticn. lot of the gig area of land beincj platted. J. In lieu of a park land donation the City may require the following cash dmaticns: Single tw ly dwelling units $550.00 per dwelling unit fit=fg++i 3 y dwelling units $550.00 per dwelling unit Cacme*cil / ib&mtrsai $2,500.00 per acre in lieu of a trail land dcnzation, the City may reC nxe the follaaing cash dcmtion for the -abonsive mint'- pedestrian trail. For each dwelting unit $150.00 K. 'Ze City may eleot to receive a c®bittion of cash, land and develop- ment of the land for park use- The fair market value of the I nd the City wants and the value of the development of the land shaL1 be calcu- lated. That amourrt shall be fram the cash Q required d by stAsec-t,o J above. Ma shall be ttie cash cx'axi- butic n �Yt. L- "Fair market value" shall be dete=Tea as , the time of f;?i*x the p 3 imiriary plat in ac=rdance witth the follaaing: I. The City and the developer may agree as to the fair market value, or 2. The fair market value may be based upon a current appraisal submit- r1 tz- to the City by the subdivider at the subdivider's expense. The ;sal shall be made by a;pz i rs who are aancved mEmbers of the r MAI, or equivalent real estate appraisal societies. �I 'UXL BUFU =E8 allrAmm 90 886T ' u�z2y -;Q AEp —as-f—z sign T? 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SUBDI V1. OR WHICH I- TO EYED OR DEDICATED 0 IC R F7YGR PURFOSE9 , B U E F � DtDICXTIOW--X- L7XrPROVIDEDF77 OF THE Resolution No. 90-115 February 8, 1990 (Supersedes Res. 72-4i, jan. 17, 1972; Res. 73-1450 April 6, 1973; Res. 73-243, duly 2, 1973 Res. 74-51, San. 21, -1974; Res. 78-292, May 15, 1978; Res. Ao. 78-306, May 229 1978: Res. No. 79-419, duly 23, 1979; Res. No 79-738, Nov. 5, 1979; Res. No. 80-344, May 19, 1980; Res. 81-198, March 16, 1981: Res. 62-44, aan. 150 1982; Res. 83-84, Feb. 70 1983; Res. 64-850 Feb. 61 1964, Res. 85-148, Feb. 25, 1985; Res. 86-89, Feb. 3, 1986; Res. 86-2751 May 5, 11-56; Res. 87-92, Feb. 2, 1987; Res. 88-69, Oan. 25, 1968; Re-s- 89-65, Ian. 23, 1989, Res. 89-1299 Feb. 27) irt. Purposes The City Council recognizes it is essential to the health, safety, and we are of the residents of Plymouth that the character and quality of the environment be considered to be of major Importance in the planning and 'velopment of the City. In this regard, the manner in which land is -eloped and used is of high priority. The preservation of land for park, iyground, and public open space purposes as it relates to the use velopment of land for residential, commercial and industrial purposes essential to the maintaining of a healthful and desirable environment for all citizens of the City. We must not only provide these amenities fo., our citizens today, we must also be mindful of our future citizens. It is recognized by the City Council that the demand for park, playground and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any given area. Urban type developments mean greater numbers of people and higher demands for park, playground and public open space. To' disregard this principle is to Inevitably over-tax existing facilities and thus diminish the quality of the environment for all. It is the policy- of Plymouth that the following standards and guidelines for the dedication of land for park, playground, and public open space purposes (or cash contributions in lieu _of such dedication) in the subdividing and developing of land within the Citj shall be directly related to the density and intensity of each subdivision and development. 2. Standards for Accepting Dedication of Land for Public Purposes; In the consideration of accepting the dedication"of land for public purposes the following special provisions shall apply: A. Land proposed to be dedicated for public purposes shall meet identified needs contained in the City's Comprehensive Park and Trail Corridor r1 Fl 916* 4 cis - A0 41 (�,'� aabod to N U&owaw 1,041LUSUV )MI pupiq x•! rV B. To be eligible for park dedication credit, land dedicated to be located outside of drainways, flood plains or ponding areas after the site has E been developed. i C. In those cases where subdividers and developers of land provide signifi- cant amenities, such as, but not limited to, swimming pools, tennis courts, handball courts, balifields, etc., within the development for the benefit of those residing or working therein, and where, 'in the Judgement of the City Manager, such amenities significantly reduce the demands for public recreational facilities to serve the development, he may recommend to the City Council that the amount of land to be dedica- ted for park, playground, and public open space (or cash contributions In lieu of such dedication) be reduced by an amount not to exceed seven- teen percent (17%) of the amount calculated above. D. Exceptions to these provisions shall be reviewed and recommended by the Park and Recreation Advisory Commission. 3. Residential dedication Requirements: To satisfy park dedication require- ments, subdividers and dev- opera of residential land shall be required to dedicate land to the City for park, playground, and public open space, in accordance with one of the following three criteria, at the option of the City. The required land dedication and/or payment of fees-in-lieu of land dedica- tion shall be made at the time of final subdivision approval, except in the case of multiple residential developments where required site plan approval n occurs other than at the time of final subdivision approval; In that case the required land dedication and/or payment of fees-in-liou of land dedica- tion shall be made at the time the site plan is approved and building per- mits are issued._ A vacant or developed parcel shall be subject to this requirement when it is verified that park dedication requirements have not been applied to the parcel. A. The dedication of that amount of land required by the City for park, playground, and public open space based upon the approved density of the development in accordance with the graph on attached Exhibit A. The percentage derived from Exhibit A shall be applied to the area of the site for which density is calculated. B. A cash contribution in lieu of land dedication based upon the sum of $825 per dwelling unit and not less than two dwelling units per acre. This sum represents the City Assessors periodic estimate of the average value of undeveloped residential land in the City of Plymouth based on the assumption that (1) such land develops at two dwelling units per acre and that (2) the developer is required to dedicate ton percent of the land for park, playground, and public open space. The City Manager shall provide the Council, at its first meeting in February each year, or such other tunes as the Council may direct, with a report from the City Assessor indicating his estimate of the average value of undeveloped residential land in the community and a survey of residential fees in effect in other comparable communities. -2a. C. When determined by the City, the developer shall be required to dedicate a portion of the area in land with the balance to be made in Oees in lieu of such dedication. In such cases the following procedure All be used: /\ f (1) The City *hall calculate the total amount of land for park area ' which could be required in accordance with this policy. (Item 3.A.) i (2) From the total amount of land calculated in (1) above, the City *hall subtract the actual amount of land the City needs for park, playground or public open space in the proposed development. (3) The balance of the park area otherwise required shall be cal =seated as a percentage of the total park dedication obligation. This percentage shall be multiplied by the approved project density, net area for which density is calculated and current per dwelling unit park dedication fee to yield the total cash park dedication requirement. 4. Industrial/Commercial Dedication Requirements: Subdividers and developer* of commercial and Industrial and, Including commercial and industrial portion* of Mixed planned Unit Developments (WUD's), shall be required at the time the Site Plan is approved and Building Permits are issued, to dedicate to the City for park, playground, and public open space purposes that amount of land equal to ten percent of the land area within the development upon which the maximum building coverage was calculated in accordance with the Zoning Ordinance. �. A vacant or developed parcel shall be subject to this requirement whtaIt is verified that park dedication requirements have not been applied to the parcel. In those cases where the City shall require payment of fees in lieu of such land dedication, the fees shall be in an amount equal to ten percent of e Assessor's estimated undeveloped land value for such property toned in the classification requested by the developer; the land used for this calculation shall be that upon which the maximum building coverage was calculated in accordance with the .Zoning Ordinance. These values shall be determined based upon the City Assessor's estimate of the average value of undeveloped commercial and industrial land in the City. The City Manager shall provide the Council, at its first meeting in February each year, or such other times as the Council may direct, with a report from the City Assessor indicating his estimate of the average value of undeveloped commercial and industrial land in the community and a survey of industrial/commercial fees in effect in comparable communities. In any et , the park dedication fees required shall not exceed $39300 per acre. If the City determines that a developer shall be required to dedicate a portion of the land proposed for development for park or public open space purposes and such dedication does not satisfy the requirements of th' policy, the balance due the City in cash shall be based upon *he A sor's estimated value of the undeveloped land proposed for develor • h The City may permit easements to be dedicated by developers for trail JI corridors identified in the City's Trail Corridor Plan thereby allowing the '^ developer to include the land area in the determination of setbacks and building density on the site. In such cases, park dedication credit will not be given. 5• Required Improvements: Developers shall be responsible for making certain Improvements to their developments for park, playground, and public open space purposes: A. To provide finished grading and ground cover for all park, playground, trail and public open spaces within their developments as part of their development contract or site plan approval responsibilities. No park dedication credit will be given for this work. B. To complete construct and pave all trails not identified in the City's Trail Corridor Plan concurrently with the roads In their developments (i.e. , grading with site grading and paving with street or parking lot paving). No park dedication credit will be given for connecting these trails to existing or proposed trails Identified in the City's 'frail Corridor Plan. C. To construct and pave all trails through and abutting their developments Identified in the City's Trail Corridor Plan. Such trail improvements shall be undertaken at the same time as other public impovements are ,..� installed within the development, (i.e. , grading with site grading and paving with street or parking lot paving). The City staff may recommend deviation from this policy in the case of individual hardship in terms of the timing of installation of ouch trail facilities. The City will credit the cost of paving trails identified in the City's Trail Corridor Plan against the development's total park dedication requirements. The amount to be credited will be established at the time the final plat or site plan is approved based upon prevailing engineering cost estimates for such work as determined by the City. This work will be built according to engineering standards as provided by the City's engineering department. D. If sidewalks are constructed in the street right-of-way in lieu of trails within the development, no park dedication credit will be given. A sidewalk is defined as a public walkway constructed within the street right-of-way. 6. 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SUBJECT: AMENDMENTS TO CITY CODE SECTION 510. 09 SUBD 9 DEDICATION OF LANDS FOR PUBLIC PARKS, TRAILS, PLAYGROUNDS AND OPEN SPACE AREAS Bruce Anderson, Parks and Recreation Director, described the bi- -`annual review process and summarized the Parks and Recreation " Commission' s recommendations as follows: An approximate 10% increase in park dedication fees in residential districts. Adoption of the MUSA boundary to replace the map previously used to determine the level of park dedication fees collected. Mr. Anderson continued by addressing each of the areas of concern identified by the SSP-IGH Chamber of Commerce. 1 . Use of Park Dedication Funds Mr. Anderson noted that the Chamber supports the use of park dedication funds solely for the purpose of land acquisition. Mr. Anderson stated that the basic position of the Parks Commission is that land acquisition is the first priority and that the informal policy of the Parks Commission is to use park dedication fees only. for acquisition. He noted that there have been two exceptions to that rule: Salem Hills and Sleepy Hollow; he added that development of these two parcels was directly related to a great deal of neighborhood pressure over a number of years . 2 . Credit for Private Development Amenities Mr. Anderson noted that the Chamber .is advocating a credit of up to 50% for private development amenities; he added that the credit for private development amenities was increased from 15% to 25% in 1987 to provide additional credit for facilities specifically requested by the Parks Commission (tot lots, creative play areas, picnic areas) . Mr. Anderson stated that it is the belief of the Parks Commission that private amenities ( such as pools, saunas, shuffleboard courts ) do not relieve pressure on public facilities . r-1 RECOMMENDATION TO: CITY COUNCIL OF INVER GROVE HEIGHTS - PAGE 2 FROM: PLANNING COMMISSION DATE: NOVEMBER 21, 1989 SUBJECT: AMENDMENTS TO CITY CODE SECTION 510 .09 , SUBD 9 , PARR DEDICATION ,. 3 Timing of Payment Mr. Anderson commented that the Chamber would prefer to see park dedication fees collected at the time of building =a . permit-. He noted that the major reason for requiring dedication at the time of platting is to accommodate land dedications; it is difficult to acquire contiguous small portions of land for parks at the time of building permit. ` He added that collecting fees at the time of platting also -` avoids confusion andallows .for the purchase of land before .°: values- increase. - 4 . Form of Dedication Mr. Anderson said that the Chamber suggests cash dedications in lieu of land dedications . Mr. Anderson stated that land dedications are required only in cases where there is land adjacent to existing parks or when trail access is needed to provide contiguous development. He estimated that cash only dedications are required in 90- 95% of all cases . Mr. Anderson concluded by saying that, in general, the Parks Commission wants to retain its ability to acquire contiguous trail and park property. Mr. Stiffler asked if amenities for public use are given consideration when park dedication fees are being calculated (i.e. , the Cenex ball field) . Mr. Anderson commented that the Cenex ball field is not public in, the sense that its use cannot be scheduled by the City. He added that as one of the larger firms in the area, Cenex is also a heavy user of public facilities; they have a number of teams involved in recreation programs and use public facilities for company picnics, etc . Mr. Stiffler noted that several ball teams use the Cenex ball field for practice. Mr. Anderson commented that this is a legitimate case for a park dedication credit of some type. Mr. Fitch asked if Mr. Anderson saw any potential for a credit greater than 25% . RECOMMENDATION TO: CITY COUNCIL OF INVER GROVE HEIGHTS - PAGE 3 FROM: PLANNING COMMISSION DATE: NOVEMBER 21, 1989 SUBJECT: AMENDMENTS TO CITY CODE SECTION 510 . 09 SUED 9 PARK DEDICATION Mr. Anderson responded that there are some exceptions to any general rule.'` He identified the Rottlund Development as an example; there is a desire for a public trail system through the development that would tie into the rest of the public system. rResponding to a question from Mr. Fitch, Mr. Anderson said that there may be unique circumstances that would warrant a credit of more than y :i=., 25%. Mr. Fitch asked if general tax funds are used for. park development. Mr. Anderson responded that currently the only monies available for ' development are via the park acquisition and development fund. He noted that this is under review and that other methods of funding are being researched. Mr. Fitch asked if, at some future point in time, cash dedications would become more appropriate than land dedications . Mr. Anderson noted that after core areas have been acquired, the Parks Commission would desire the phasing out of land dedications . He noted that as a developing community, the Parks Commission prefers to keep options open; however, serious discussion of the phasing out of land dedications could occur, if lands are acquired based on a new Parks plan, possibly as early as 1991 . George Kassan (2125 Upper 55th St. ) , representing the SSP-IGH Chamber of Commerce i- commented that he' had been a part of the Chamber ' s Park Dedication Subcommittee. He commented that the Chamber does seea correlation between private amenities and a lessened demand on public amenities; he noted that residents generally use public amenities when those amenities are not offered within the development . Mr. Kassan added that the Chamber' s rationale for suggesting payment of park dedication fees at time of building permit is to assess fees at the time of impact on public facilities . Responding to a question from Mr. Mueller, Mr. Kassan said that there is a possibility that a property could go tax forfeit and that park dedication fees would not be collected. He added, however, that eventually the property would be purchased and developed and that an appropriate time to assess park dedication fees still appears to be at time of building permit. RECOMMENDATION TO: CITY COUNCIL OF INVER GROVE HEIGHTS - PAGE 4 FROM: PLANNING COMMISSION DATE: NOVEMBER 21, 1989 SUBJECT: AMENDMENTS TO CITY CODE SECTION 510 .09 , SUBD. 9 , PARK DEDICATION Mr. Stiffler asked if there was a general rule regarding what percent of a City' s land should be dedicated for parks . Mr. Anderson responded that the national standard is 10-20 acres per 1000 . He added that in the metro area the standard is close to 20 :5acres per 1000 . Mr. Stiffler asked if this figure is based on the fact that at some point parkland can become a burden rather than an asset. Mr. Anderson replied that the national standard is primarily based on usage. Mr. Stiffler asked what percent of the City is now dedicated for parks . Mr. Anderson said that if parks such as North and South Valley Park (which were actually platted as public property for well fields) are included, there are approximately 336 acres of land dedicated for parks . Mr. Meeker added that the City encompasses approximately 19 , 000 acres . Mr. Kassan responded to a question from Mr. Fitch by saying that the Chamber is recommending that park dedication fees be used only for acquisition as a means of insuring reasonableness . He noted that if dedication. fees are used for acquisition, development, maintenance, etc . , costs will spiral . Mr. Larson asked if Mr. Kassan was aware of any community that gave greater than a 25% credit for private amenities . Mr. Kassan said that he did not have that information with him. Mr. Sherwood commented that Eden Prairie appears to . be developing quickly regardless of their relatively high park dedication fees . Ms . Kassan noted that the communities to the west of the Minneapolis are "hot" areas for development; they cannot be compared to eastern suburbs . RECOMMENDATION TO: CITY COUNCIL OF INVER GROVE HEIGHTS - PAGE 5 FROM: PLANNING COMMISSION DATE: NOVEMBER 21, 1989 SUBJECT: AMENDMENTS TO CITY CODE SECTION 510.09 , SUBD. 9 , PARR DEDICATION Todd Stutz (5201 E. River Road, Fridley) , representing the Rottlund Company, stated that the Rottlund Company is supportive of the Chamber' s recommendations relative to increased credits for private development amenities and payment of park dedication fees at time of building permit. He added that the proposed fee increase will have a great impact on the 450 acre Rottlund development planned in Inver Grove Heights . Mr. Anderson noted that there is a_ great range of park dedication fees within the state. He explained that much of the difference is attributable to whether the community is emerging or fully developed.- He added that in some cases (e.g. , Eden Prairie, Plymouth) park dedication fees (and subsequent public facilities) have enhanced development and, thus, been beneficial to developers . Mr. Anderson added that if park dedication fees were collected at the time of building permit, the fee in effect at the time of building permit (not time of plat) is what should be collected to reflect any increase in land value. Mr. Anderson stated that this is not the preferred approach of the Parks Commission, but that if it is deemed appropriate, the fee should not be locked in at time of plat. Sheila Tatone (3764 - 74th Street E. ) , Parks Commission Chair, stated that the Parks Commission would strongly oppose a change in the ordinance to allow collection of park dedication fees at time of building permit. Mr. Tatone and Mr. Sherwood asked if any of the studies done identified cities that collect. park dedication fees ..at time of building permit. Mr. Anderson responded that he did not have the information with him, but that he could provide it at a later date. Brian Olson ( 18133 Cedar Ave. So. , Lakeville) , representing Joe Miller Homes, commented that the increase in the dedication amount (to $400) seems appropriate. He added that the time of payment (at plat vs . building permit) does not greatly affect a large developer; however, it does hurt a small builder who does not have the same type of cash flow resources . Mr. Olson also said that amenities that are accessible to the general public (i.e. trails) should account for some type of park dedication credit. RECOMMENDATION TO: CITY COUNCIL OF INVER GROVE HEIGHTS - PAGE 6 FROM: PLANNING COMMISSION DATE: NOVEMBER 21, 1989 SUBJECT: AMENDMENTS TO CITY CODE SECTION 510. 09 , SUBD.9 , PARR DEDICATION Mr. Larson commented that there -appears to be no dispute with the changes recommended by the Parks Commission; the question is whether to include any of the Chamber's recommendations . MOTION by Tatone, seconded by Sherwood, recommending to City Council Y approval of Amendments to City Code Section 510 . 09, Subdivision 9, as recommended by the Parks Commission. : Mr. Fitch noted that he strongly favors one suggestion_ made- by the Chamber. He stated that he believes there is the potential for a justification of park dedication credits in excess of 25% . He ' _ believes this should be recognized in the ordinance. Mr. Sherwood agreed. Mr. Tatone stated that at present there is no evidence to suggest 10"N that a credit of more than 25% is appropriate. He noted that this issue could be presented and considered as an additional amendment to City Code at a later date. Mr. Schmidt concurred with Mr. Tatone. Mr. Stiffler expressed a concern regarding collection of park dedication fees; he commented that it does not seem appropriate to "favor" large business over small business by requiring fees at time of plat. MOTION-CARRIED - (5-3) Nay: Stiffler, Mueller, Fitch CITY COUNCIL REVIEW DATE - DECEMBER 11 1989 PLANNING COMMISSION OF INVER GROVE HEIGHTS Ir6uise A. H nz ecord' g Clerk �'q ,*OWN November lei , 1939 TC) Cit Planning Cc r::Iii=si�y� Parks and Rec. '- o : P,E Park Ded icat i QIi dreI1-I-KIice The ='Wks and Rer1e-a Co IL Ir 11 s _ i _I't l = _'.:,1_; 1'"::`, i •'• =.'] the r,, rl- DedlcatiCi1 rrdinaliCe _ II DI-- 12 � �:':� . !lie _ i cur rents y ca11_ fC..: f _ r;,.=tl rr-v r•. _ _ t1i' Pa_': n'_t;�c-tti=:� Ordinance ever;every two vears to t e Con id_ r then f_ef:,c :d I''; Other _S"SUC- _ t11a.t the L'a1- ( o!-., .i s si on d s a: _'rop ?.+ _ % ',f f • forwarded a iremo to titre Cit; Plannin C_ .. mission on 2­+ , 1989 o u t 11 nines the Parks aiid Recreation Cc;Mamission `s- pis -t-ion which was based on a staff memorandum dated '-!arch 21 , 1989 . :fit the time it t;as reviewed by the Parks nd Recreation Commission , :l staff re _'rt had beeIl pre'-%tired by ti-:e C11? b•er O- Commerce E`<ecuti•,-e Director , Larry Dowell dated January- 10 , 1939 which was reviewerl and discussed . It was the conseiisus b;, the Parks and Recreation Commission that thee Cha-:b-er' s rtosition cc'uld not. be substantiated! and th•�tt t o_''-?in�.Ii_ = G1":-n_I' ci not ':)e rl Of tile ±lie pc`iri: iie:3iCaI _;y: _l�d1lilii':e CLl'_'I'_Iiy i \ i _ t1lE _'1'_..._tT'; s^ .._CE Z .:a1 o: mom.:'it - -- '=-'''- -•� - S •.I ',•- - - •- •.• - - - - - - ' .. c u r r e n t 1 y has an "unwritten' _�c1ic� - ..I_ i li_ � :?: _ :t.?I;':? _ ri11La= _ '_,v or :cp.ilsi= _on f_:f - ter:. 1c`1nds Ie -�•St 1'?C=i:� s-.a l -e C'= t1:e ac ;11"S.-ti _ ;1 _ if, t17C _C..:._ _ .:1: .i _ i = _ �''_•': _ _ :.I':. ?I^oi:,el' _'+' tali-Ch S:a.s .:zcc!uired ~Atli th.e :i:' 0f -a t i n. an,J Deve-lo ,ment :rind moniEs . The Chaia•e i?i�;C , _e= that- tliC , 1!!-.1 C•`. _ that. the origin m1 use of Part-_ hedication =u! ,3s t::_:S t Cc-nt- rc•1 land use and ac':iuil'e land f,r need?d z .ail =�'St•=r? i t' i v.-as I1rt nec _ ecgari interjdao o by .) _ r {l.li-t��� _ _ '.:.'r•r'_ 'tnf- is not sure t:!;ere thi : tibe11-2- : stP':IS _` ? On , t-At that 1-1-_t• I C. 1• : ` -e =,0== - i _ .. Y.et='1'r •'t _ = :i rl'^M_ _ ._ -r'I"1n C. tIn ('j+ - Ounc 11 . the arks d:.'3 L.e'=r_ :-:It C I Cr•;r...IisSI =rl: 1 :) percent to _:' _ . _ : Ilt is"! . .'� tt;I,i i 1;.-,: is ';"1 t: � i it- 1.•. iti01 that 21 percent is i _ '"j'.l;?t< ; ..-s tl:; i i ID a 1 I"_ a ' c1E'\ r?tC'' _ I' C1C I:Ot ed1.: .c- + ;:C' i ee-J ! _ _ Creat '_ 1 ,. filr_ 111t 1 _ 11 t, t•I - c �11' !.' . _ .. ac . i\"t an'3 := 1\'i• localiZed 1,1.i \ :, te ;mc ;Iitics , i . e-. s1, i •.,,,, _ i'.. c' '_ : :-1d : . - . _ i _cloms Which ::,rr_ not epf_n tc the pi.;bIic . staff dol_•s nct feel that Pas, e 2 ( Cont . ) Planning Commission there is a direct relationship of reducing user impact can public facilities , based on the types of facilities that are traditionally included in private developments . The Chamber has requested that Park Dedication Fees be accepted at the time of building permit rather than at the time of plat . The rationale for having the payment be made at the time of Mat is so the developer pays the fees up front . There is a ;rent deal of difficulty in communication beti,een the developer and the actual lot owner at the time of building permit as to who is responsible for paying the Part: Dedication Fee . In addition, when land is requested for residential development , it obviously mattes more sense to acquire the entire parcel at the time of platting rather than at the -time of building permit . In regards to the Chamber' s concern about not accepting land, the Chamber made a statement that an increasing number of cities are requiring cash only. The studies that staff have conducted do not confirm this and dedication of land is still utilized as a legitimate option for "growth and emerging" Cities to consider. Staff does not feel that this option should be completely- removed . It should be noted, that land has been accepted in very few cases in the City, and usually only when the properties are directly adjacent to an existing park or in the acquisition of a trail corridor. The City Parks and Recreation Commission is currently conducting Ia Park:s and Onen Ctiace plan wl,ich will ,•cry clearly" defiler' future park acclui sit ion will occur . It is the hone of the Part. and Recreation Commission 41-0 have a re e:en!1,7i i17 two years which would provide for acquisition of -our future park land, possibly making the issue of park land dedication a moot point . In conclusion, staff feels that the City ' s Part: Development Ordinance is consistent with the 'iinnesota State Statute and meets the Chamber ' s concern that i.e remain consistent with surrounding communities . I ' ve included a copy of a Part, Dedication Surrey that was completed in 19c9 for the Commission' s consideration . In addition , staff :ill be in attendance at Tuesday ' s meeting to respol":d to an;• specific questions _rd/or concerns you may have . PARK DEDICATION ORDDZ1ICE SURVEY W.\TtJCI'ED BY: City of Lakeville October, 1989 CM OF: 1989 1990 i-PPLE VAJ. LE-Z Residential: Residential: Cash or land based upon a formula in effect at the time of final plat. Commercial/Industrial: Co-riercial: Amount of land equal in value to 5% of the undeveloped land/ land to be reserved for public use - parks, bus stops, playgrounds, public open space or combination BROOMIN PARK Residential: Residential: 10% of land or cash in lieu of land based on fair racket value of $20,000/acre Commercial / Industrial: Commercial: Same as above 6,RVSVIL Z Residential: Residential: R-1 - $439.20/unit R-2 - 448.20/unit R-3A - 434.00/unit R-3B - 564.00/unit (based on population fo .m a) Co=aercial: Commercial: $2,625/acre Industrial: $1,125/acre (C/I based on average land value X 5%) CH SK k Residential: Residential: $350.00/unit (1-2 fam ly) 275.00-townhouses/quads 200.00-apartments/condos Co-,mercial: Commercial: $1,400 per acre Trails: In process of adopting CITZ OF: 1989 1990 ,-.,CvTTAGE GROVE Residential: Residential: $450.00-single family $120/bedroom-all others Commercial: Commercial: Up to 100 of land or cash amounts in lieu of land not to exceed 100 of fair market value Trails: None EAGAN Residential: Residential: Single Fam: $525 Duplex: 488 Tcre.Tbouse: 414 Fqparl t: 427 Cor- ercial: Commercial: $2,178 per acre Trails: $100/unit proposed EDP: PRAIRIE Residential: Residential: $720/unit - for single/multi family Ca-mercial: Commercial: $2,560/acre for co-e rc i s l/industr i a l Trails: None I!17VT-R GROVE Residential: Residential: FEIG= $400.00 in se,,,ered & watered area $200.00 in unse,:ered & unwatered areas Com--rcia1 Commercial: $2,178.00 per acre in se,,Tered and ester-ed areas $425.00 per acre in unsewered areas Trails: •� No separate fees CITY OF: 1989 1990 i"N L KEVILLE Residential: Residential: Cash: $550.00 per dwelling unit for single and rlti-family; OR Land: 10-20% based on units per acre density formula Commercial: Commercial: Cash: $2,500 per acre; OR Land: 10% of gross area being platted Trails: $150.00 per (twelling unit MAPLE GROVE Residential: Residential: $518.00/unit Commercial (or C/I) : Commercial: $2,850/acre Industrial: $1,650/acre Trails: None PLYI,K)LPI'H Residential: Residential: $825.00/unit Commercial: Comercial: $3,300/acre ' Trails: not a separate fee SHAKOPEE Residential: Residential: $250/single family unit (City comp plan $400/duplex in revision - $75/bedroom-multi family units :,ill be ready up to & including 8 units/acre in 1990) Co mercial: Commercial: Up to $200,000: 5% $200,000-1,000,000: $10,000 plus 2% of value over 200,000 $1,000,000 or r.�ore: $26,000 plus 1% of value over $1,000,000 Trails: None CITY OF: 1989 1990 ,TILIAgATER Residential: OTWITS PER ACRE Residential: 0=4 - $400 per dwelling unit 5-8 - $250 per dwelling unit 9-15 - $200 per dwelling unit 16+ - $150 per dwelling unit Commercial: Conunercial: $.10 per square foot of net land area Trails: None `1 r TO Planning Commission, City of Inver Grove Heights FROM Bill Meeker, Planning Supervisor DATE November 2, 1989 SUBJECT CITY CODE AMENDMENT - Amendment to City Code Section 510.09, Dedication of Lands for Public Parks, Trails, Playgrounds and Public Open Space Areas. A public hearing has been scheduled for Tuesday, November 7, 1989 to consider proposed amendments- fo� the City' s Park Dedication Ordinance. As you will recall, Bruce Anderson, Parks and Recreation Director, appeared before the Planning Commission on October 3, 1989 to summarize the changes to be made. (A memo from Mr. Anderson was provided with your October 3, 1989 packet to provide background information. ) Basically, two changes are proposed as follows: 1. Park dedication fees for residential lots lying within the City's Urban Service Area (MUSA) are to be increased from $330.00 to $400.00 per dwelling unit. Fees for residential lots lying outside of the MUSA are to be increased from $200.00 to $240.00 per dwelling unit. 2. Formerly, the Park Dedication Ordinance included a map which divided the City into two areas, the "Red" area and the "Green" area. The boundary between the "Red" and "Green" areas generally conformed to the City' s MUSA boundary as it exists today. At the time the map was incorporated into the ordinance, however, the boundary simply represented the staff's best guess as to where urban development would occur in years subsequent to the adoption of the ordinance. The elimination of the map will permit the City to expand the area in which "urban" park dedication fees are collected when areas are incorporated into the MUSA, without the necessity for amending the ordinance. This change affects both residential and commercial/industrial fees. If you require additional information regarding this matter, please contact me prior to the meeting on November 7, 1989. BM enclosure: Proposed Park Dedication Ordinance �-t CITY OF INVER GROVE HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING INVER GROVE HEIGHTS CITY CODE SECTION 510 . 09 , SUBDIVISION 9 , SUBSECTIONS 9 , 18 AND 19 RELATING TO PARK DEDICATION AND CONTRIBUTION REQUIREMENTS FOR THE PLATTING OF PROPERTY The City Council of Inver Grove Heights ordains : Section 1 . AMENDMENT. Inver Grove Heights City Code , Section 510. 09 , subdivision 9 , subsection 9 is hereby amended to read : Subsection 9 . Residential Dedication Requirements . To satisfy park dedication requirements, owners and subdividers of residential land shall be required to dedicate land to the City for park, playground, 'trails and public open space , in accordance with one of the following three criteria, at the option of the City . The required land dedication and/or payment of fees-in-lieu of land dedication shall be made at the time of final plat approval , except however , in the case of multiple residential developments requiring a conditional use permit , where the conditional use permit approval occurs other than at the time of final plat approval , the required land dedication and/or payment of fees-in-lieu of land dedication shall be made at the time the conditional use ` permit is approved . Provided, however , that the City Council , by written agreement with the landowner , may allow up to two years after final plat to pay the contribution fees upon such terms and conditions deemed appropriate by the Council . Option A. The dedication of that amount of land required by the City for park , playground trails and public open space based upon the approved I ensity of the development in accordance with the chart below. The percentage from the chart below shall be applied to the area of the site for which density is calculated . Land to be Dedicated Dwelling Units Per Acre ( % of Total ) 2 . 5 or less 10 Greater than 2 . 5 through 10+ ( actual density 12 - 2 ) More than 12 20+ ( 1/2 actual density - 6 ) Option B . A cash contribution in lieu of land dedication . The cash contribution shall be $?}(}-&,& $400 .00 per dwelling unit for land shown -i-n -tire- z-e-d- s-kre e-d -area -o-n €h e ma-p 4-n t h e 4e-s44�na-te-d -a-s -t4-�e Par-k- -Ded-i-ca-ti-cxi - map- in the Metropolitan Urban Service Area . he cash contribution shall be $200,00 2 00 per dwelling unit for land -a ro- rn- tke green -s-§-ad-ee area- oinr t4 4_- ma-p- i-n- t-h-e C-let}-=e 9€€°ee 4e-s3-gna-t-e-d -a-s the -Par-it -trap- outside the Metropolitan Urban Service Area . This sum is derived from the City Appraiser ' s periodic estimate of the average value of undeveloped residential land in the City of Inver Grove Heights based on the following : ( 1 ) such land potentially develops at -2 . 5 dwelling uits per acre and (2 ) the developer is required to dedicate- ten (10% ) percent of the land for park , playground and public open space . The Park Commission , after consultation with the City Planner , Attorney and Director of Public Works and after consultation with an independent Lee appraiser retained by the City, shall provide the Council , at it first meeting in February of 11"N each odd-numbered year, or such other times as the Council may direct, with a report from the City appraiser indicating his estimate of the average value of undeveloped residential land in the community and a survey of residential fees in effect in other comparable communities . Option C . When determined by the City , the subdivider shall be required to dedicate a portion of the area in land with the balance to be made in fees in 1'ieu of such land dedication . In such cases , the following procedures shall be used : ( 1 ) The City shall calculate the total amount of land for park area which could be required in accordance with this section . ( 2) From the total amount of land calculated in Step 1 above, the City shall subtract the actual amount of land the City selects for park , playground , trails or public open space in the proposed development . ( 3 ) The balance of the park area otherwise required shall be calculated as a percentage of the total park dedication obligation . This percentage shall be multiplied by (a ) the approved total project density for the net area for which density is calc-ulated and ( b) current- per -2-. dwelling unit park dedication fee to yield the total cash park dedication requirement . Section 2 . AMENDMENT. Inver Grove Heights City Code, Section 510 .09 , subdivision 19 is hereby amended to read : Subsection 19 . Industrial/Commercial Dedication Requirements . As a general rule, owners and subdividers of Commercial, Industrial and Institutional land, including Commercial , Industrial and Institutional portions of PUD' s, shall be required at the time the building permits are issued, to dedicate to the City for park , playground, trails and public open space purposes that amount of land equal to five ( 5% ) percent of the land area within the development . As a general rule, in those cases where the City does not require parks, playgrounds , trails , or public open space within such developments, the City shall require payment of fees-in-lieu of such land dedication . The cash contribution shall be $2, 178 per acre for each acre within the development for such property located -Gf -t4,re- -rre-ri-h- 1-ii:e- o-r Seet-i7& rs -2 thre -g-h fl o Tovrrshrp �-7 3`�rtrr, 7 zz ;vest in the Metropolitan Urban Service Area and $425 per acre for each acre within the development for such property located so- ti; of tre line- outside the Metropolitan Urban Service Area These sums are based on five ( 5% ) percent of the City Appraiser ' s estimated average undeveloped land value per acre for such zoned property . The Park Commission, after consultation with the City Planner , Attorney and Director of Public Works and after consultation with an independent fee appraiser retained by the City, shall provide the Council , at its first meeting in February in each odd-numbered year , or such other times as the Council may direct , with a report from the City Appraiser indicating his estimate of the average values of undeveloped Com-mercia1 , Industrial and Institutional land in the community and a survey of Industrial/Commercial /Institutional fees in effect in comparable communities . If the City determines that a developer shall be required to dedicate a portion of the land proposed for development for park or public open space purposes and such dedication does not satisfy the requirements of this section , the balance due the City shall be in cash based on the amount per acre established above for the acres required to be dedicated but not selected by the City . Section 3 . AMENDMENT. Inver Grove Heights City Code , Section 510 . 09 , subdivision 9 , subsection 18 is hereby amended to read : -3- Subsection 18 . On file in the Clerk ' s Office is a map labelled Park Dedication Map on which ---r-e- -fed a-.�d- -gree-n -sh 4e-a area-s- is shown in the Metropolitan Urban Service Area . This map shall be used to determined the per unit contribution fee pursuant to Subsection 9 hereof . This map is hereby approved and incorporated herein by reference . As the Metropolitan Urban Service Area is expanded , the map shall be undated to also incorporate the expanded area . Section 4 . EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 1989 . William Saed, Mayor Attest : Loretta Garrity, Deputy Clerk ID819I -4- (612) 451-2266 South St. Paul Inver Grove Heights Chamber of Commerce 633 South Concord Street, Suite 304 South St. Paul, Minnesota 55075 TO: IGH Planning Commission/City Council FROM: IGH-SSP Chamber of Commerce SUBJECT: Chamber Testimony on IGH Park Dedication DATE: November 1, 1989 General Recommendations 1. The primary focus of the Chamber's recommendations will be commercial/ industrial oriented, but certain residential dedication issues will be addressed. 2. We are basically in support of the basic framework embodied in the existing ordinance and are not recommending a totally new ordinance on Park Dedication. 3. The Chamber of Commerce again accepts the premise that some commer- cial/industrial park dedication and appropriate levels of residential dedication should be made, but at the same time we support a park dedication ordinance that is competitive with other communities and clearly support development of quality facilities rather than dis- couraging it. 4. Park dedication should be paid by developers consistent with the in- tent of the Minnesota State Statutes which indicates that fees paid should correlate with demands placed on park and recreational facil- ities by this new development. We also support an education program in our community which the intent would be to adequately explain that park dedication fees are not, and should not be, the sole fund- ing source of park and recreational facilities, and local residents must be willing to accept a significant portion of the financial burden relating to park acquisition, development, and maintenance. Use of Park Dedication Funds The Chamber believes that the original use of park dedication funds coming from the commercial/industrial area was to control land use and acquire needed land for trail systems, and was not necessarily intented to be a major funding source. Currently however, the City perceives the commercial/industrial funds to be used for acquisition, development , and bond repayment of the park system. Park Dedication 11/1/89 Page 2 The limited resources available to park dedication suggests that the park dedication funds be used only for acquisition. To continue to use the funds for improvements would: a) Cause pressure to increase the fees; b) Not appropriately reflect who uses park and trail facilities. Therefore, the Chamber supports the development of an ordinance that would require that park dedication funds be limited to the acquisition of park and trail facilities and not be used for improvement of parks and/or trails, or maintenance. Credit For Privately Development Amenities Currently a credit up to 25% is available when providing amenities onsite with developments that lessens the impact on local recreational facilities. - We recommend that this credit be increased to a maximum of 50% for either residential or commercial/industrial projects based on appropriate factors including the number and type of amenities provided. This reform enhances both the developer and the city's objectiv-es. We believe it is in the city's best interest to encourage projects that have significant amenities. By increasing the credit, the overall objec- tive by the Park Commission and the City is strengthened by encouraging developers to enhance their projects by adding amenities which would eventually reduce the impact on the community's park system. We also remind policymakers that the credit language is for a maximum. In most cases, the credit would not be used at all or significantly less than the maximum. The Chamber believes that the evidence suggests that a credit up to 75% is justifiable, but that during this year's ordinance review we are recom- mending 50%.which is perceived as a major step forward. Timing of Payment The Chamber believes that commercial/industrial park dedication fees should continue to be paid as currently established, ie. at the time of building permit. The Chamber further recommends that residential park dedication fees also be made at the time at which the building permit issued. The aforementioned recomemndation is based on the state's statute which suggests that fees are a reasonable exaction because of additional pres- sure place on city facilities when development occurs. By accepting the state's statute, we believe that payment should be made when there is a legitimate impact on the City Park and Recreation program, not years ahead of such impact. Currently, the City requires that fees be paid n at the time of plat. Park Dedication I1/1/89 Page 3 ''I Form of Dedication Currently, the park dedication ordinance allows for either land or cash dedication. The Chamber strongly recommends that Inver Grove Heights follows the lead of an ever increasing number of cities which are requir- ing cash only. We believe cash dedication is preferable to land dedica- tion because of fairness to develoeprs, planning consistency, and certainty to the developer. We support the development of a currently commissioned park plan which will specifically identify properties needed for an overall city park system. We believe that the city, after appropriate citizen input, should adopt such a park plan, and the City then should not seek to use property outside of those identified in the park plan for park or trail use. We believe that the- park plan should be relied upon and used as a planning- and implementation tool -for a period of years from its adoption. We be- lieve the City should require cash park dedication fees and then in turn acquire the properties necessary for the implementation of their overall park plan. Appropriate Level of Fees Currently a formula exists which every two years readjusts the park dedi- cation fees with C and I property paying 5% of value and residential property paying 10% of value. The Chamber believes that the earlier recommendations outlined above, if accepted, would significantly enhance our park dedication system. And based on our assumption that the afore- mentioned reforms take place, we can support the existing park dedication fees. If however, the aforementioned reforms do not take place, signifi- cant reductions in the per acre fees must be considered. September 29 , 1989 TO City Planning Commission FROM Bruce K. Anderson, Director Parks and Recreation RE Park Dedication Ordinance The Park Dedication Ordinance calls for a review of the fees chars-ed in lieu of lend dedication in each odd numbered year. Staff has attached a copy- of the initial staff memor.-- ndum chick was reviewed by the Parks and Recreation Commission in Anril of this year. The proposed Park Dedication Ordinance for 1989 and 1900 remains i-y basically the same as in previous ::ears w-Jth three proposed changes : 1 . The residential severed rate is nrorosed tr increa. frc•:n S8 , 250 . to 510 , 000 . acre i-.hich w _..ild reflect an. nc_e -e :f S70 . per unit over a t::o yec:r period or S 100 . /1.:nit . 2 . The residential unse-ered rate is -roposed to in--real? to ?6 , 000 . per acre or Pe --„_+ j._.i it increase of over a two year period . 3 . The map which determines sewered and unseuered areas is also proposed to be eliminated and in its place , -,:e i:ill use the MUSA line so that we do not have to ur_,d_.te :r.d modify th- maD on an annual basis . Staff .ill be in attendance at Tuesday' s meeting to issue . If you have any questions prior to the feel free to contact myself directly at 45 -2111 , ext . =80 . March 21 , 1939 TO Inver Grove Heights Parks and Recreation Commission FROM Bruce K. And,_ sort;� ffirect , r Parks and Recreon ommismion DR Park Dedication. Ordinance U.,--date BACKGROUND. The ' Park Dedication Ordinance calls for a review of the fees charged in lieu of a land dedication in each odd numbered year. The_ Parks and Recreation Commission is responsible to report to the City Council the average value *of undeveloped land within the City. The figure that is ascertained is what the -Park Dedication Fee per acre cash contribution is based . The ordinance divides the City into four separate Park Dedication .1 fee structures based on sewer and unse::ered property as well as contrasting residential and industrial lard . The existing ordinance divides the City somewhat inexactly, bu basi cl; it corresD_ onds to unsewered and severed areas within the Cit . On.e of the changes staff :OLlld prCnose in th.e ordinance this ;'ear is to n _ :e the de'--..ea_ ion b.e.wee.1 tae t,:o :ees be c-earl • establis*-= 4 as proper;.. inside or out Le MUSA line . The average land values used are for unplatted or raw land . The value of land ,:ith improvements including streets ,. sanitary sewer , water service , etC . 0DVIOtls1y greatl}' in.creases the val,.le 0: the property. The Current Ordinance bases the cash contribution on a required 10 percent land dedication and the assumption that an average of 2 . 5 single family- lots can be created out of each acre of raw land . The 1 -087 - ' 89 Park Dedication requirements are as follows : I . Sewered residential prorert•: - the average land vn1u,e utilized was 58 , 250 . which based on our formula derives a cash contribution of $330 per residential unit.. 2 . U::se,:ered property - the average land value was based on S5 , 000 per raw land per acre ,:hich rased on the formula establishes a S200 per residential unit park, dedication fr-e . In the case of commercial and industrial t•.,o separate land al.:es based on the severed and urF,ewered areas have also been established . P-nsed on studies of market sales there is a difference in land -,•clues tb2t,:eerl commerc•inl property in the somhern half of the Cit.%- or Pine Lend are: and the remainder of the Cit>' . This is largel .: due to the lnrl: of sanitliry sc, er and water service south of 55 10ut also its Page 2 ( Cont . ) proximity to the urban area. The commercial and industrial property values are currently determined on a land dedication of 6 percent of the total area being required for commercial and industrial property. Using this figure , the prices that were in place for the past two years for commercial/industrial property were based ' on the. urban area of the City having an average land value of S43 ,-000 per acre or $1 . per sq. ft . which would require a cash contribution of S2 , 178 . The Commercial/industrial area in the south is based on S•3 , 504 . per acre or $425 . per acre . CURRENT * LAND VALUES . During the past three months staff has been reviewing the existing park dedication fees to determine the average value of land within the City. A number of issues have been studied including :. I . Land sale records on file at the Dakota County :assessor ' s Office . 2 . Appraisals of existing parcels were analyzed . 3 . An independent appraiser was retained to assist staff . 4 . Three staff meetings were held with the City ttorney, Chamber of Commerce and. local developers to ascertain their opinion . As a result o= t _s - _ 7,.e __.1 _C _.'.g ^e:'al statE:;:�:,ts Can be made : 1 . • The value of severed residential land is increasing at .a ..91 taster :ate than the other three areas 2 : The value of unsewered residential land has increased at a moderate rate . 3 . The value of commercial property in the northern area of the CiLI._? - extremely Variable . Staff discovered recent sales ran-in-, from S-'. . 60 per sq. ft . to . 60 per sq . ft . depending upon the area that comparables were reviewed . 4 • Commercial and industrial land values in the Pine Send are- have remained static in recent % ears . As a result of this study staff recommends the folloti:in 131,d values and fees to be charged for the 1939-91 Pnrlc Ordinance . RECOMMENDATION TO: CITY COUNCIL OF INVER GROVE HEIGHTS FROM: PARKS AND RECREATION COMMISSION MEETING HELD; APRIL 12 , 1989 MEMBERS PRESENT: CHAIRPERSON SHEILA TATONE ,. COMMISSIONERS MARTIN SILVI , COLLIN O'NEILL, L•YNDA BEERMANN , RENEE KATH, CONRAD MUELLER, AND ROGER TONDERL'M. SUBJ: PARK DEDICATION ORDINANCE Staff highlighted the memorandum regarding the park dedication ordinance and indicated that the Parks and Recreation Commission wgs responsible to report to the City Council the average value of undeveloped land within the City every two years . Staff had proposed a recommendation for the park dedication fees based on the following criteria: 1 ) Recent land sales within the City. 2 ) Comparison of other suburban community' s park dedication fees . 3 ) A report prepared by an independent appraiser. 4 ) The existing park dedication fees . As a result of this process staff indicated the following : 1 ) The value of severed residential land is increasiniz at a faster rate than the other three areas . 2 ) The value of unsewered residential land have increased at a moderate rate . 3 ) The value of commercial property in the northern area of the City is extremely variable . 4 ) Commercial industrial land values in the Pine Bend area have remained static in recent rears . Based on the information , staff recommended the following : 1 ) Residential severed land values should be increased to S9 , 250 . per acre or a 11 percent increase over a 2 year period . 2 ) The residential unsewered land Value should increase to S5 , 250 . per acre or a 5 percent increase over 2 rears . 3 ) The commercial industrial land -aloes remain the same as they were in 1989 . ) 4 ) The commercial industrial land values in the southern half of the City should remain the same as they were in '1 1989 . A lengthy discussion ensued by the Parks and Recreation Commission which reached the following consensus : Page 2 ( Cont . ) 1 ) The rates as proposed by staff were too conservative and do not reflect the information and documentation that was provided in the staff report . 2 ) The Commission felt that the value of City land would increase dramatically over the next two years , justifying a larger increase at this time . MOTION was • made by Commissioner kath and seconded by Commissioner Beermann to recommend to the City Council to adopt the 1989-91 Park Dedication fees as recommended by staff and furthermore , to modify the ordinance to follow the MUSA boundary for sewered and unsewered areas . The original motion was amended made by Commissioner Silvi , seconded by Commissioner Tonderum to increase the rates recommended by staff to $10 , 000 . for the sewered residential area and $6 , 000 . per acre for the unsewered residential area based on the data and information as prepared by staff . MOTION CARRIED: i AYES , 0 NAYS CITY COUNCIL REVIEW DATE: APRIL 24 , 1939 PARKS AND RECREATION COMMISSIOti OF INFER GROVE HEIGHTS BRUCE K. ANDERSON , DIRECTOR OF PARKS AND RECREATION n s-� Pagc 3 ( Cont . 1 . Residential Ses;ered - S9 , 250 . per acre or S370 . / unit , which reflects a change of S40 . per tin it or an 11 percent increase over a two year period . 2 . Residential L7nsewered - S5 , 250 . per acre or S210 . /:.init reflects an increase -f S10 . -,er tlni t in t:1= residential unSe:;ered area or a 5 percent _ncrease over two years . 3 . - Commercial/Industrial - the northern area of th• e Cit :.-ould reamin at S1 . per sq. ft . or S43 , 000 per acre or $2 , 178 . per acre which remains the same as the past two rears . 4 . Commercial/Industrial - the southern area of the City would remain at S425 . per acre park charge .;hich also remains the same as the past two years . :attached is a listing of ParK Dedication fees currently being charged in a variety of second ring suburbs that ha`.'e been utilized as a point - of reference during the past four % ears . in addition , I have attached copies of real estate sales that were received from the Dakota County. Staff will be on hard _c= _e• the -.nc_osed infor-iation at tL-e regularly scheduled April Park Commission Meeting . 1929 Park Dedic-ition Land Values Jan. 23 , 1989 - Dakota Co . :assessor' s Office The following land sales were made within the last 18 months and provided City staff with comparable values to establish the park dedication fee . Unsewered residential area: There were a number of 1andl sales in this area the recent activity of the proposed Rottlund Development . There were seven land parcel sales by Rottlund acrsuired between 3-36 to 4-87 , ranging from a low of 53 , 936 . to a high of 510 , 000 . Der acre for Hwy. 55 frontage . Additional comps in this area: I . eith and Ccncord/Springwood Ponds - 510 , 000 . per acre - 1936 2 . 90th and Barnes/Harstad Property - $4 , 200 . per acre - 1987 3 . Wildridge Estates - S2 , 851 . - March 1988 4 . Property west of 55 purchased by Ben Oerlein - S5 , 819 . per +-� acre . Residential sewered pronert •: The best comp for this w_-s the Gopelt --arm Property acquired in 19^6 til` - - `-?1 r` .i - _ � rr� ^?_ cCre . _ ..==e a'ie cn a number of" 1 = m - - .- .-_ .._ -.. '...c �_�ti --sti :l- L. »- ..7 large parcels . The other corm) for sec:ered residential pror_erty is Salem Hills Farm which was 56 , 000/acre Dec . 1936 . The propertly sold for more once utilities were in place . Unsewered commercial/industrial property: The comps again varied a great deal for the unse::ered commercial/industrial property and ranged as follows : 1 . She property ..t 7 0t:i and t St , commonly re=erred t^ ..S the "Rugby Property- - S9 , C00 . r.er acre . 2 . Property- north of r;och Re inery , east of Wayne Transit-SI4- 1 r , 00 per acre . 3 . 'i . 3 and Rich Va 11 ey Bl - 515 , _ 3 , r_er acre - 1986 . Commercial industrial property in the sewer district : A-_-:,aln , . there was a great dis reha:)c' in this rtin(ging from 65 to 70 cents ,,or sq . ft . for proj­erty In the 1ndiistrial PIK . basod or: S30 , 000 . per .:cre to ;t high of S1 . 55 t-•cr sc, ft . -or the KI - in Che\• rolet Property . Page 2 ( Cont . ) The following additional comps were considered for the commercial/industrial property in the severed district . 1 . Plywood Minnesota Property - $2. 36 per sq. ft . - 1986 2 . :fiction Disposal - $I . per sq. ft . - 12/86 3 . Am/Natl . Can - Industrial Park - 81 cents per sq. ft . 1989 SURVEY OF PARK DEDICATION ORDINANCES MAPLEWOOD Robert D. Odegard 770-4570 Residential Land Dedication - Credit based on cash donation Cash Donation - S79.50 per person - Single family home 4. 1 x 79. 50 = $326 - Mobile home 2. 1 x 79.50 = $167 - Townhome 8.2 x 79.50 = S652 Commercial and Industrial - 7% of market value of land MAPLE GROVE Terry_ Just 420-4000 C Residential Land & Cash Donation - 7.5% base for fair market value - $518/unit Commercial and Industrial - Commercial = S2050/acre - Industrial. = $1,650/acre PLYMOUTH Eric Blank $fl Residential Land Dedication. - 10% and up depending on nu,:,ber of units • Commercial and industrial - $3,300/acre EA:GAN Ken Vraa 454-8100 Residential Land Dedication - Sliding scale (higher density = higher scal - 10% of total area for home - 11-14% of total area for apartr:ents Cash Donation - Single family = S525/unit - Duplex = S488/unit - Apartments = S427/unit - Townhouse = S414/unit Commercial and industrial - Cash donation of 5c/sq. ft . of developable land - is collected with building permit 1-I 1989 Survey of Park Dedication Ordinances Pale' 2 BURNSVILLE Randy 'elt 9 S- U Residential Land Dedication - Nu-...ber of dv.elling units r, estimated household size Cash Donation - R-lA = $ 7,500/acre. - R-1 = $12,000/acre - R-2 = S13,500/acre - R-3A = S20,000/acre - R-33 =.$30,000/acre Commercial and Industrial - Commercial = $52,500/acre - Industrial = $22,500/acre APPLE'VALLEY Randy Johnson 431-8800 Residential _ Land Dedication - 10% of total area Cash Donation - 101 of-assessed land value (currently using $15,000/acre) Commercial and Industrial - 5% of land or cash in lieu BROOKLYN'PARK Dennis Palm 424-8017 Residential Land ;cation - zr-;. of total ere- Cash Donation - 10% of assessed value Commercial and Industrial - 5% of land or cash in lieu BLAINE Jim Peterson 784-6700 Residential Land Dedication - Based on number of &,,ellincs/acre 0- 1 = 5% - 2- 3 = 10'0 4- 5 = 12n 6- 7 = 14'; 8-12 = 16;� 13-16 = 18 (add . 5%� for each additional dwelling above 16) Cash Donation Single family = S395/u nit Duplex = S33S/unit •'* - To%gnhouse/Quad = S293/uni t Apartment = S248/unit Commercial and Industrial - 5% of fair market value of land 19g9 Survey of' Park .Dedication Ordinances . Pace 3• G COTTAGE GROVE John Friedrickson 466-2-8o--- -( � re Residential Land Dedication - One (1) acre per estimated 75 residents in subdivision. Based on 3.8 acre/unit. Cash Donation - S275/unit - - 2+ Family unit = $75/bedroom Commercial and Industrial - 5% but never implemented. EDE14 PRAIRIE- Bob Lambert 937-2262 • Residential Land Dedication ' - 10% Cash Donation - $720/unit Commercial and Industrial - $2,560/acre COON RAPIDS- Rick Pearson - 755-2880 Residential -� Land Dedication - 0- 1 (units/acre)• = 5% 2- 3 (units/acre) = 10% 4- 5 (units/acre) = 12% 6- 7 (units/acre) _ 14% 8-12 (units/acre) = 16% - Add zn for each unit/acre cf mcre than 15. Commercial and Industrial - $1,152/acre - ' - ~ _ Communities whom answered : Park Dedication Policy Questions : a: Does your community accept land dedication in sddition t: 2 cash option? b: For residential park development charges do you receive them at time of final plat or when they apply for building permits? ' c : Does your ordinance provide for credit for on site recreation amenities if yes how much? It: their choice * b: final plat/if large land development-cost is spread out c : yes, up to 2% of total dedication APPLE VALLEY: a: yes b: building permits c : doesn ' t specify it if yes: individual (case by case) a: yes b: can ' t get building permit, until they pay c : no / cash dedications in-lieu-of land dedications ^ BLAINE: a: either or / yes, but cannot exceed the value of the land ^ b: final plat c: yes , up to 25% EDEN PRAIRIE: a: yes, sometimes b: building permit c : yes, does not spell it out( happened once in the last ! 0 years ) a: yes *o' " b: at the time they release the plat cc would dQpend ; which site, what kind of site wori would rather gst raw land : ( free or for a fee) would have more control over the land yr° '