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CITY OF LAKE ELMO
<br />COUNTY OF WASHINGTON
<br />STATE OF MINNESOTA
<br />ORDINANCE NO. 08-072
<br />AN ORDINANCE TO AMEND
<br />THE SUBDIVISION ORDINANCE
<br />RELATED TO PLANNED UNIT
<br />DEVELOPMENTS AND PUBLIC
<br />LAND DEDICATION
<br />REQUIREMENTS
<br />Section 1. The City Council of the
<br />City of Lake Elmo hereby ordains
<br />that Chapter 153: Subdivision
<br />Regulations, of the City Code is
<br />hereby amended in the following
<br />manner:
<br />§ 153.12 PLANNED UNIT
<br />DEVELOPMENTS (P.U.D.).
<br />(A) Upon receiving a report from the
<br />Planning Commission, the Council
<br />may grant exceptions from the
<br />provisions of these regulations in the
<br />case of a Planned Unit
<br />Development, provided that the
<br />Council finds that the proposed
<br />development is fully consistent with
<br />the purpose and intent of these
<br />regulations and in compliance with
<br />the Planned Unit Development
<br />objectives of Section 154.801.
<br />§ 153.14 PUBLIC LAND
<br />DEDICATION.
<br />(A) Dedication of Land for Park and
<br />Open Space Use. In all new
<br />residential subdivisions, a
<br />percentage of the gross area of all
<br />property subdivided shall be
<br />dedicated for parks, playgrounds,
<br />trails, public open space, or other
<br />public recreational use. For non-
<br />residential developments, the City
<br />requires a payment in lieu of land
<br />dedication as established by
<br />resolution of the City Council. Such
<br />percentage or fee shall be in addition
<br />to the property dedicated for streets,
<br />alleys, waterways, pedestrian ways
<br />or other public use pursuant to this
<br />chapter. The following schedule
<br />describes the required dedication by
<br />zoning district. This schedule is
<br />based upon density of the
<br />development allowed in each district
<br />and is intended to equalize the
<br />amount and value of land dedicated
<br />for parks per dwelling unit in the
<br />various districts.
<br />Zoning Districts
<br />Min. Req'd Land Dedication
<br />R1, R2, R3, and R4 10%
<br />RS, LDR, MDR, HDR 10%
<br />RE 7%
<br />RR and AG 4%
<br />GB, LB, HB,
<br />BP, CB, Fee set by Council
<br />C, CC, LC,
<br />VMX Fee set by Council
<br />RR and AG with OP
<br />Conditional Use Permit 7%
<br />RR and AG with OP -
<br />A Conditional Use Permit 10%
<br />(B) Land title. Public land
<br />dedications, which are not dedicated
<br />to the city on a plat, shall be
<br />conveyed to the city by warranty
<br />deed free and clear of all liens or
<br />encumbrances. The subdivider shall
<br />provide proof of title, in a form
<br />acceptable to the city, prior to the
<br />conveyance of the property.
<br />(C) Land acceptability. The city
<br />must approve the location and
<br />configuration of any park land which
<br />is proposed for dedication and shall
<br />take into consideration the suitability
<br />of the land and for its intended
<br />purpose; the future needs of the city
<br />for parks, playgrounds, trails, or
<br />open space; and the
<br />recommendations of the city's Parks
<br />Commission. The following
<br />properties shall not be accepted for
<br />park land dedications:
<br />(1) Land dedicated or obtained as
<br />easements for streets, sewer,
<br />electrical, gas, storm water drainage
<br />and retention areas, or other similar
<br />utilities and improvements;
<br />(2) Land which is unusable or of
<br />limited use; and/or
<br />(3) Land within a protected wetland
<br />or within a flood plain area unless the
<br />Council determines that all of the
<br />following criteria are satisfied:
<br />(a) Would be in the best interests of
<br />the general public;
<br />(b) Would be valuable resource for
<br />environmental preservation,
<br />educational, or habitat preservation
<br />purposes;
<br />(c) Has an exceptional aesthetic
<br />value; and
<br />(d) Would not become financially
<br />burdensome to the city as a result of
<br />maintenance or preservation
<br />requirements.
<br />(D) Cash Contribution in Lieu of
<br />Land Dedication — Residential
<br />Subdivisions Larger than Three Lots.
<br />In lieu of the land dedication for
<br />residential subdivisions larger than
<br />three lots, the city may elect to
<br />require the subdivider to contribute a
<br />cash equivalent payment to the city's
<br />Park and Open Space Fund, or may
<br />require the developer to satisfy the
<br />park land dedication requirement by
<br />a combination of land and cash
<br />contribution. For all residential
<br />subdivisions of three or more
<br />parcels, the required cash equivalent
<br />payment shall be an amount equal to
<br />the fair market value of the
<br />percentage land dedication for the
<br />zoning district in which the
<br />subdivided property is located. The
<br />city shall determine the fair market
<br />value of the land by reference to
<br />current market data, if available, or
<br />by obtaining an appraisal from a
<br />licensed real estate appraiser; the
<br />subdivider shall pay for the cost of
<br />the appraisal. The fair market value
<br />determination of the appraiser shall
<br />be conclusive.
<br />(E) Cash Contribution in Lieu of
<br />Land Dedication — Minor Residential
<br />Subdivisions and Commercial
<br />Development. Required cash
<br />equivalent payments for residential
<br />subdivisions resulting in 3 or fewer
<br />parcels or for commercial
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<br />oetermined from time to time by
<br />Council resolution.
<br />(F) Payment of cash contribution.
<br />Cash contribution payments shall be
<br />made to the city prior to final plat
<br />approval for commercial
<br />developments or residential
<br />subdivision of more than three
<br />parcels, or prior to the City's
<br />approval of the deeds of conveyance
<br />in those cases where a residential
<br />subdivision will result in 3 or fewer
<br />lots.
<br />(G) Previously subdivided property
<br />from which a park dedication or cash
<br />in lieu contribution has been
<br />received, upon resubdivision with the
<br />same number of lots, is exempt from
<br />park dedication requirements. If, as a
<br />result of the resubdivision of the
<br />property, the number of lots is
<br />increased, the park dedication or
<br />cash in lieu contribution shall be
<br />applied only to the net increase in
<br />the number of lots.
<br />(H) Any cash contribution so paid to
<br />the City shall be placed in a special
<br />fund. The money shall be used only
<br />for: a) the acquisition and
<br />development or improvement of
<br />parks, recreational facilities,
<br />playgrounds, trails, wetlands or open
<br />space based on the approved park
<br />systems plan; b) redevelopment or
<br />rehabilitation of existing park
<br />facilities or sites; or c) debt service in
<br />connection with land previously
<br />acquired or improvements thereto
<br />previously constructed. No funds
<br />shall be used for ongoing operation
<br />or maintenance of existing parks or
<br />recreational facilities or sites.
<br />(1) Lands designated for public use
<br />on Comprehensive Plan or official
<br />maps. Where all or a portion of the
<br />area included in a proposed
<br />subdivision has been designated as
<br />a park, playground, recreational
<br />area, proposed school site, or other
<br />public ground in the city's
<br />Comprehensive Plan or in an official
<br />map adopted pursuant to the
<br />Comprehensive Plan, the subdivider
<br />shall notify the appropriate
<br />governmental unit of the proposed
<br />subdivision of the property. The
<br />notice shall be given prior to
<br />submittal of the development
<br />application to the city. Prior to the
<br />city's review of the preliminary plat,
<br />the subdivider shall advise the city in
<br />writing of the status of the
<br />negotiations regarding the
<br />designated area.
<br />Section 2, Adoption Date
<br />This ordinance shall become
<br />effective immediately upon adoption
<br />and publication in the official
<br />newspaper of the City of Lake Elmo.
<br />This Ordinance No. 08-072 was
<br />adopted on this 5th day of March
<br />2013.
<br />Ayes: 5
<br />Nays: 0
<br />/a/ Mike Pearson, Mayor
<br />ATTEST: /a/ Adam Bell, City Clerk
<br />(Oakdale -Lake Elmo Review: Mar.
<br />20, 2013)
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