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HomeMy WebLinkAbout2010.11.15 ORD 2010-4494A` ORDINANCE 2010-449 CITY OF HUGO AN ORDINANCE REQUIRING PARK DEDICATION WITHIN THE CITY OF HUGO, MINNESOTA THE CITY OF HUGO ORDAINS: SECTION 1. The City Council of the City of Hugo does hereby amend Chapter 90, Section 90-324 Park Dedication to the following: Sec. 90-324. Park Dedication. (a) General Dedication Standards In order to develop a system of parks within the community to serve the public's health and recreational needs, a percentage of the net buildable acreage based on the density of all land subdivided for residential purposes shall be dedicated to the city as public parkland. The city finds that the more dense a development is, the more demand for park land it creates since lots can be smaller affording less private recreational space and more occupants per acre. The following formula will be used to determine the dedication requirement where a land dedication is required: Density Percentage of Land to be Dedicated (of the buildable land) 0-3.99 units per acre 10% 4.00-5.99 units per acre 11% 6.00-7.99 units per acre 13% 8.00-9.99 units per acre 15% 10.00 < units per acre 17% The land so dedicated shall be subject to approval by the city council in accordance with the city's Comprehensive Plan for parks. At the city council's discretion, a parkland dedication fee may be accepted or required instead of or connection with land dedication. The parkland dedication fee shall be set annually by the City Council and adopted as part of the City's fee schedule. The parkland dedication fee shall be charged for each dwelling unit originated by the subdivision or development of any property in the city, not including any dwelling unit that may be in existence at the time of the adoption of the ordinance from which this article is derived, or which is subject to an approved development agreement with the city that includes a parkland dedication provision. Ordinance 2010-449 Park Dedication (b) Appeal Process The parkland dedication fee may be appealed to the City Council before the City Council makes a decision on the final plat and shall be calculated as follows: The percentage of land to be dedicated will be multiplied by the fair market value of the net buildable acreage. The fair market value shall be determined by the City Council, following their review of a current appraisal submitted to the city at the developer's expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies. If the city receives written notice of a dispute over the parkland dedication fee before approval of the final plat, the developer shall pay the fee into an escrow account pending a decision of an appeal of the fee. If an appeal is not filed within 60 days following approval of the final plat, or if the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must be transferred to the city. SECTION 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. SECTION 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON NOVEMBER 15, 2010 ATTEST: Michele Lindau, City Clerk SUMMARY ORDINANCE 2010-449 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: An ordinance amending Chapter 90, Section 90-324 Park Dedication to the following: SUMMARY OF ORDINANCE: Sec. 90-324. Park Dedication. (a) General Dedication Standards States that in order to develop a system of parks within the community to serve the public's health and recreational needs, a percentage of the net buildable acreage based on the density of all land subdivided for residential purposes shall be dedicated to the city as public parkland. Provides additional information on park dedication requirements, fees and process. (b) Appeal Process Provides information on the process by which a developer may appeal park dedication requirements, based on the fair market value of the land, before the City Council. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. Passed and adopted by the City Council of the City of Hugo this 6th day of December, 2010. an n, Mayor Attest: Michele Lindau, City Clerk PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) County of Ramsey) CITY OF HUGO Summary ordinance 2010-449 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: An ordinance amending Chapter 90, Section 90-324 Park Dedication to the following: SUMMARY OF ORDINANCE: Sec. 90-324. Park Dedication. (a) General Dedication Standards States that in order to develop a system of parks within the community to serve the public's health and recreational needs, a percentage of the net buildable acreage based on the density of all land subdivided for residential purposes shall be dedicated to the city as public parkland. Provides additional information on park dedication requirements, fees and process. (b) Appeal Process Provides information on the process by which a developer may appeal park dedication requirements, based on the fair market value of the land, before the City Council. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. Passed and adopted by the City Council of the City of Hugo this 15th day of November, 2010. APPROVED: Fran Miron, Mayor ATTEST: Michelle Lindau, City Clerk Published one time in The Citizen on December 22, 2010. Misc/AffidavitPub-Citizen-1 Wk.doc ler, or the publisher's designated agent, being duly sworn, on oath 1 the publisher, or the publisher's designated agent and an employee iper known as the THE CITIZEN, and that I have full knowledge hich are stated below: wspaper has complied with all of the requirements constituting as a qualified newspaper, as provided by Minnesota Statute A.07, and other applicable laws, and amended. A: CITY OF HUGO %RY ORDINANCE 2010-449 AMENDING CHAPTER 90, SECTION 90-324 PARK DEDICATION -hed was cut from the columns of said newspaper and was printed I for one week on WEDNESDAY, the 22 day of DECEMBER, :d below is a copy of the lower case alphabet from A to Z, both ich is hereby acknowledged as being the size and kind of type used ;ition and publication of the notice: tuvwxyz BY: TITLE: Publisher Id sworn to before me on this 30 day of DECEMBER, 2010. iV VVVVVV\/vvvvvvvv MYRNA L. PRESS NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2015 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter. 99 Notary Public, Minnesota (Line, word or inch rate) (Line, word or inch rate) $ 9.30/INCH (Line, word or inch rate)