HomeMy WebLinkAboutUntitled APR-09-1999 11 25 NAC 612 595 9837 P.02/27
.. • • ENCLOSURE: 7
NORTHWEST ASSOC TED .CONSULTANTS
INC •
COMMUNITY PLANNING - DESIGN• -. MARKET RESEARCH
• •
•
MEMORANDUM •
• TO: Tom Melena
FROM: Scott Richards ••
• DATE: April 9, 1999 •
.
RE: Oak Park Heights - Park Dedication.Requirements .
•
FILE NO: . 798.04 - 99.04 •
Please be.advised that the Planning Commission, at their April 8, 1999. meeting, voted •
unanimously to recommend the revisions to the park dedication requirements. The Parks
•
Commission, at their April 5, 1999 meeting, had also favorably recommended the changes
to the requirements. The primary reason for making:these changes.is to equalize the
• current inequity in the formulas for land and cash dedication. The formulas for cash
dedication within the existing subdivision regulations are based on land values of the
1970s and 1980s. It is much more advantageous to dedicate.cash than land under the
current regulations.
In order to,equalize the dedication:amounts; staff has suggested new requirements as
discussed in the April 1,1999 planning report. Please find attached the slightly revised
park dedication requirements section based upon suggestions by the Planning_
• Commission to clarify and simplify this language. . .
•
pc: Kris Danielson
•11) . .
5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. .M.INNESOTA 554;116
• PHONE 6 12-595-9636 FAX 61 2-595.9837
APR-09-1999 11:25 NAC 612 595 9837 P.03/81'
CITY OF OAK PARK HEIGHTS
SECTION 402 SUBDMSION
PROPOSED PARK DEDICATION REQUIREMENTS
402.08 Park Land and Cash Dedication Requirement
A. Purpose.
1. The City Council recognizes that maintaining and improving the character
and quality of the environment of the City is essential for the health, safety
and welfare of the residents of Oak Park Heights and persons working in
Oak Park Heights. The preservation of land for park, trail, playground, and
public open space purposes as it relates to the use and development of land
for residential, commercial and industrial purposes is essential to
maintaining a healthful and desirable environment for all citizens of the City.
2. Guidelines for planning parks and trails in the City are found in the
Comprehensive Park and Trail System Plan of 1999. Demand for park, trail,
playground and public open space is directly related to the intensity of
development within any given area; therefore, the City's standards and
guidelines for the dedication of parkland (or cash contributions in lieu of
such dedication) shall be directly related to the density and intensity of each •
development.
B. General Guidelines for Park Land and Cash Dedication.
1. As a prerequisite to plat approval, subdividers shall dedicate land for parks,
trails, playgrounds, public open spaces, and/or shall make a cash
contribution to the City's Park and Recreation Department Fund as provided
by this Section. The City Council shall make the determination as to the
amount of park land or cash dedication, how the dedication is to be made,
and when the dedication is to be received by the City.
2. Land to be dedicated shall be reasonably suitable for its intended use 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, hydrology, tree cover, access, and
location.
3. Changes in density of plats shall be reviewed by the City for reconsideration _
of park dedication and cash contribution requirements.
4. When a proposed park, trail, playground, recreational area, school site, or
other public ground has been indicated in the Oak Park Heights
Comprehensive Plan or City's official maps, and is located in whole or in part
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APR-09-1999 11:26 NAC 612 595 9837 P.04,07
within a proposed plat, it shall be designated as such on the plat and shall
• be dedicated to the appropriate governmental unit. If the subdivider elects
not to dedicate an area in excess of the land required hereunder for such
proposed public site, the City may consider acquiring the site through
purchase or condemnation.
5. Land area conveyed or dedicated to the City shall be in addition to and not
in lieu of open space requirements for planned unit developments.
6. Where private open space for park and recreation purposes is provided in
a proposed subdivision, 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.
7. The City Council, upon consideration of the particular type of development,
may require larger or lesser parcels of land to be dedicated if the City
Council determines that present or future residents would require greater or
lesser land for park and playground purposes. In addition, the City Council
may also require lots within the subdivision be held in escrow for future sale
or development. The moneys derived from the sale of escrowed lots will be
used to develop or to purchase park land in the future.
• 8. The City Council may elect to receive a combination of cash and/or land for
park use. The fair market value of the land the City wants shall be
calculated. That amount shall be subtracted from the cash contribution
required by Section 402.08.D of this Ordinance. The remainder shall be
cash contribution requirement.
9. °Fair market-value" shall be determined as of the time of filing the final plat
in accordance with the following:
a. The City Council and the developer may agree as to the fair market
value.
b. The fair market value may be based upon a current appraisal
submitted to the City by the subdivider at the subdivider's expense or
a purchase agreement (less than one (1) year from the date of
subdivision approval) for the property in question. The appraisal
shall be made by appraisers who are approved members of the SREA
or MAI, or equivalent real estate appraisal societies.
c. If the City Council disputes such appraisal, the City Council may, at
the subdivider's expense, obtain an appraisal of the property by a
qualified real estate appraiser which shall be conclusive evidence of
• the fair market of the land.
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APR-09-1999 11:26 NAC 612 595 9837 P.05/07
S •
10. Planned developments with mixed land uses shall make cash and/or land
contributions in accordance with the section based upon the percentage of
land devoted to the various uses.
11. The cash contributions for parks shall be deposited in the City's Park and
Recreation Development Fund and shall be used only for park acquisition
or development.
C. Residential Park Land Dedication.
1. Formula. The amount of land to be dedicated by a developer shall be based
on the gross area of the proposed subdivision and proposed type of dwelling
unit and density. The formula for land dedication is as follows:
Dwelling Units Land to be
Per Acre Dedicated
0- 1.9 8%
2.0-3.9 10%
4.0- 5.9 12%
6.0- 9.9 14%
10+ 14% plus 5% for
each unit over 10 •
2. Standards for Accepting Dedication of Land for Public Park Purposes.
a. 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 as is acceptable to the City.
b. The required dedication shall be made at time of final plat approval.
c. The removal of trees, topsoil, storage of construction equipment,
burying of construction debris, or stockpiling of surplus material from
dedicated land is strictly forbidden without the written approval of the
City Administrator.
d. Grading and utility plans, which may affect or impact the proposed
park dedication, shall be reviewed and approved by the City Council
prior to dedication, or at such time as reasonably determined.
•
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APR-09-1999 11 26 NAC 612 595 9837 P.06/07
•
e. To be eligible for park dedication credit, land dedicated is to be
located outside of drainways, floodplains or ponding area. Grades
exceeding twelve (12) percent or areas unsuitable for park
development shall not be considered for dedication as defined by the
City Engineer. Park land to be dedicated shall be above the ordinary
high water level as approved by the City Engineer.
f. The City Council, 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 play space. This requirement
may be in addition to the land or cash dedication requirement.
D. Residential Park Cash Dedication.
1. Formula. The required cash dedication shall be equal in value to a land
dedication. To calculate a cash dedication, the subdivider shall provide an
appraisal or purchase agreement in accordance with Section 402.08.B.9 of
this Ordinance to establish fair market value of the property in question.
Cash dedication shall be based upon the same density formulas established
for land dedication in Section 402.08.C.1 of this Ordinance. The formula for
cash dedication:
Required Land Dedication Fair Market Required Cash
Based Upon Dwelling Units X Value of Land = Contribution for
Per Acre Per Acre Proposed Development
2. Standards for Accepting Cash Dedication for Public Park Purposes.
a. If, at the option of the City Council, it is determined that a cash
dedication shall be made, said cash shall be placed in the City's Park
and Recreation Development Fund and deposited by the developer
with the City prior to final plat approval.
b. Cash dedication shall be calculated at the rate in effect at the time of
final plat.
E. Commercial/Industrial Dedication Requirements
Developers of commercial/industrial land, including commercial/industrial portions
of Planned Developments, shall be required to dedicate the following:
1. At the time the site plan is approved and building permits are issued,
developers shall dedicate to the City for park, trail, playground and public
open space purposes, an amount of land up to ten (10) percent of the gross
• land area within the development, as determined by the City.
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APR-09-1999 11:26 NAC 612 595 9837 P.07/07
•
2. In those cases where the City does not require park or open space within
such developments, the City shall require payment of a cash dedication
equal to ten (10) percent of the gross land area within the development.
3. All requirements, as found in Sections 402.08.8, 402.08.C., and 402.08.0
of this Ordinance, for accepting dedication of land or cash for public park
purposes shall apply to industrial and commercial dedication.
4. A credit of up to twenty-five (25) percent of the required dedication may be
allowed by the City Council for open space areas within a development
provided that such improvements benefit identifiable park and recreation
water resources.
F. Required tmorovements.
Developers shall be responsible for making certain improvements to their
developments for park, trail, playground and public open space purposes as
follows.
1. 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.
2. Establish park boundary corners for the purpose of erecting park limit signs.
The developer shall contact the appropriate City personnel for the purpose
of identifying park property corners.
3. Provide sufficient public road access for neighborhood parks and for
community parks.
G. Authority.
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 to require in their subdivision regulations reasonable portions of land for
public use. The City of Oak Park Heights has, by this dedication policy, chosen to
exercise this right in establishing minimum requirements for meeting public needs.
110
5
TOTAL P.07
•
NNORTHWEST ASSOCIATED CONSULTANTS
INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
•
ENCLOSURE 4
MEMORANDUM
TO: Tom Melena
FROM: Scott Richards
DATE: April 1, 1999
RE: Oak Park Heights - Park Dedication Requirements
FILE NO: 798.04 - 99.04
The Planning Commission and Parks Commission have in the past reviewed the park
110 dedication requirements and have determined that the City's current cash dedication
requirements are insufficient to cover the costs of land acquisition or for park development.
The Parks Commission has developed a Capital Improvement Program for improvements
to existing park facilities and the creation of new parks. Much of what has been proposed
cannot be developed with the current formulas for park dedication.
A primary concern is that the "flat fees" established for cash dedication were set at a time
when the values of land were much lower in the area. As a result, developers favor
dedicating cash over land in that it is far more cost effective for them to do so.
Additionally, the City staff has in the past reviewed the dedication requirements for
communities throughout the Twin Cities Metropolitan Area. The last study, completed in
August of 1998 indicates that Oak Park Heights' formula for land dedication is similar to
other cities, but the cash dedication is lower (see attached). Additionally, I have enclosed
a copy of a park dedication comparison done for numerous cities in the Twin Cities
Metropolitan Area. The comparison is interesting in that it shows the wide disparity
between cities regarding park dedication fees.
The Planning Commission and Parks Commission have asked staff to develop a new park
dedication policy that provides equity between land and cash dedication requirements.
Staff had developed a draft dedication policy in October 1998. The City of Eagan's park
dedication policies were used as a basis, but much of the existing Oak Park Heights
• language was included in that it provides necessary background and defines well the
process for determining land or cash dedication amounts. One of the elements that the
5775 WAYZATA BOULEVARD , SUITE 555 ST. LOUIS PARK, MINNESOTA 55416
PHONE 612-595-9636 FAX 612-595-9837
•
• previous draft did not address was a formula for cash dedication. Staff has developed a
new policy that will hopefully address all of the previous issues associated with park
dedication.
The proposed new park dedication policy is attached for your review and comments. The
changes would occur within Section 402.8 "Park Land Dedication Requirements" of the
Subdivision Regulations. The major changes in this policy from the existing regulations
within the Subdivision Ordinance are as follows:
1. The formula for dedication of land has changed. The existing land dedication
formula bases the dedication amount on a complicated formula which calculates the
number of persons in a development and the resulting acreage required for park
dedication. The new formula is based on the development density and a graduated
percentage of land required for dedication. The new formula results in a slightly
higher level of land dedication than what was required before, it is simpler to
calculate, and is fair from the standpoint that the higher the density, the greater the
dedication.
2. The cash dedication bases the dedication amounts on the fair market value of land
at the same graduated schedule as land dedication. With this formula, the land and
cash dedication required would be the same for any development proposed to the
City. It is fair and very simple to calculate.
• 3. The existing industrial/commercial dedication requirements currently require a flat
$1,750.00 per acre dedication. The new requirements require 10 percent of the
gross land area or an equal cash dedication based upon fair market value. Again,
these dedication formulas are simple and equitable.
Copies of the existing park dedication requirements are also attached for your information.
pc: Kris Danielson
Mark Vierling
2
. . • 0
• City Residential - Land Residential - Cash Commercial Industrial
Dedication Dedication Dedication Dedication
Eagan The City has $1208 per single Land up to 7.5% Land up to 7.5%
adopted a general family unit, $1200 of net land area of net land area
*See foot- standard of 15 per duplex unit, or$3300 per acre or $3300 per acre
note and acres of land that is $823 per of net land area. of net land area.
attached copy needed for every townhouse or quad A credit of up to A credit of up to
of subdivision 1000 residents, of unit, and $818 per 25% of the 25% of the
ordinance which 12 acres apartment or required required
section. This shall be designated multiple family unit. dedication may dedication may
community as park. be allowed by the be allowed by the
has a very City Council for City Council for
detailed park 0-1.9 units/ac=8% stormwater stormwater
and trail >1.9 units/ac=10% control facilities. control facilities.
dedication >3.5 units/ac=12%
process. >5.9 units/ac=14%
Add .5% for each
unit over 10
• Eden Prairie Up to 10% of $1,650/unit for all Up to 10% of the Up to 10% of the
subdivision area residential units. subdivision land subdivision land
area or$5000 area or$5000
per acre cash per acre cash
contribution. contribution.
Minnetonka Reasonable portion $400/unit for single 10% of gross 10% of gross
of gross land area family, $300/unit land area or 10 land area or 20
being subdivided, for townhomes & cents per square cents per square
but not less than 10 duplexes, $250/unit foot of building foot of building
percent. for apartments area area
White Bear 10% of gross land $500/unit for single 10% of gross 10% of gross
Lake area family, $1,000/lot land area or 7% land area or 7%
for two-family lots, of land value or of land value or
and $325/unit plus $2500/acre $2500/acre
$75/bedroom (2+)
for apartments and
other mult. family
•
•
•
• Woodbury 10% (0-2.0 $1,000/lot for Land dedication Land dedication
units/ac) single-family and of 10% of land or of 10% of land or
Add 1% for each duplex housing, cash contribution cash contribution
unit above 2.0 minor subdivisions, of$2000/acre of$2000/acre
and cluster
developments.
$800/unit for all
other attached
housing.
$350/lot mobile
home parks
* Eagan is the only city that has a separate trail dedication requirement in addition to the above
outlined park dedication requirement. If land is identified within the City's Trail Plan as a trail route,
then land will be required, either as the sole means of dedication or in combination with a cash
contribution (the land dedication must be equal to or greater than the cash requirement.) Cash
contributions are $160 per residential dwelling unit and $900 per acre for commercial, industrial, and
public facilities.
•
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• 402.08 Park Land Dedication Re
uirement.
A. As a prerequisite to
playgrounds plat approval, subdividers shall dedicate land
playgrounds,
Park Fundpublic
penprovd spaces, or trails and/or shall make a casfor arks,h contribution po the
byCithis Section.
B. Land to be dedicated shall be reasonably
a location convenient to the suitable for its intended use and shall be
of proposed people to be served. Factors used in evaluatin tat
pr park and recreation areas shall include size g he
gy, hydrologadequacyy, tree cover, access, and location. shape,
topography g
C. The Park Commission shall recommend to the City Council the land dedication and
cash contribution re proposed for subdivisions.
D. e
Changes in density
of of plats shall be reviewed b
park dedication and cash contribution the Park Commission for
E. When a proposed park, requirements.
playground, recreational area, school site, or
ground has been indicated in the City's official ma
grolocatedund
ins whole in ct within a proposed plat, it other public
ct and shall beo in part totheaPor comprehensive suchcand e
shall be designated If as b iv the
• elects not to dedicate an area in excess of the
appropriate governmental unit. the subdivider
proposed public site, the Cityland required hereunder for such
condemnation. may consider acquiring the site through g purchase or
F. Land area conveyed or dedicated to the
requirements of the City ZoningCity shall not be used in calculating
reopen space re Ordinance and shall be in addition to and in notlu
densityof
quirements for planned unit developments.
G. Where private open space for park and rear
subdivision,epriv such areas as recreation
purposes is provided in a
the req y be used for credit, at the discretion of the City
requirement of dedication for park and recreation
CityCouncil finds it is in the y Council,
public interest to do so. Purposes, provided the
H. The City,
upon consideration of the
or lesser parcels land to be particular type of development,requireCity
thatt aypresent
requirent larger
greater or lesser land for park and playground pur or future
foraddition, the City Council may also require lots within
for future sale or develo the subdivision be held ipnoln
will be used to r development.
pment. The moneys derived from the sale of escrowed escrow
develop or to purchase park land in the future. lots
•
26
•
•
. I. In residential plats
warranty deed , one
(1) acre of land shall be
upon the followingeedfor every seventy five (75) conveyed to the Cit
Population calculations:people the platted land could house as an outlot by
1. house based
Single-Family detached dwelling lots
3.5 persons
2. Two-family dwelling lots
3. Apartments, townhouses, con 6.0 persons
and other dwellingdominiums
units
J. In lieu of a park land donation, the City I person per bedroom
�_ may require the following cash don
Single-family dwelling lots ations:
2 $ 450.00
Two-family dwelling lots
3. $ 800.00
Apartments, townhouses,
condominiums and other $ 250.00 per unit plus
dwellin $ 85 00
g units per bedroom
4 above the first bedroom of each unit
•
Commercial and industrial
K. The City $1,750.00 per acre--
may elect to receive a co Aro-rated
landTfor parkmuse. The fair combination of cash, land
developmentmarket value of the land the City wants sand the
of the land shall be development of the
cash contribution re calculated. That amount shall be subtracted
quires by value of the
contribution requirement.
Subsection acted from the
above. The remainder shall be cash
L. "Fair Market Value"
acordance with the fol owinshall g determined as of
the time of filing the final plat in
I. The City and the developer ma
2. Y agree as to the fair market value, or
The fair market value
Cityhby the et value
leer at bee based a current
made byappraisal submittedshall theb
appraisers who er's expense. The appraisal
e
madeequivlbyt rppl estate a are approved members of the EAoMAI, or
appraisal societies. SREA or or
3. If the City disputes such a
obtain an appraisal the appraisal the City may,
shall be conclusiveaa evidence the er of try bay1 a y' real the subdividers ex
qualified estate appraiser
0 r market of the land. AAraiser which
27
•
•
• M. Planned developments with mixed land uses shall make cash and/or land contributions
in accordance with this Section based upon the percentage of land devoted to the
various uses.
N. The cash contributions for parks shall be deposited in the City's Park and Recreation
Development Fund and shall be used only for park acquisition or development.
402.09 Required Basic Improvements.
A. General Provisions.
1. Before a final plat is delivered by the City to the subdivider, the subdivider of
the land covered by said plat shall pay all applicable fees and execute and
submit to the City Council a Developer's Agreement which shall be binding on
his or their heirs, personal representatives and assigns, a part of which
agreement shall be set forth that the subdivider will cause no private
construction to be made on the lands within said plat, nor shall the subdivider
file or cause to be filed any application for building permits for such construction
until all improvements required under this Ordinance have been made or
arranged for in the manner and conforming to the requirements as set forth
herein.
• 2. Prior to the delivery of the approved final plat, the subdivider shall deposit with
the City Clerk an amount equal to a minimum of one hundred twenty-five
(125%) percent of the City Engineer's estimated cost of the required
improvements within the plat, either in a cash escrow fund, performance and
indemnity bond, or letter of credit. The surety involved in said financial
guarantees shall be approved by the City. The said cash escrow letter or
performance and indemnity bond shall be conditioned upon:
a. The making and installing of all of the improvements required by the
terms and conditions set forth by the City within one (1) year.
b. Satisfactory completion of the work and payment therefore, which work
was undertaken by the subdivider in accordance with the developer's
agreement referred to above.
c. The payment by the subdivider to the City of all expenses incurred by
the City, which expenses shall include but not be limited to expenses for
engineering, fiscal, legal, construction, and administration. In instances
where a cash escrow is submitted in lieu of a letter of credit or
performance and indemnity bond, there shall be a cash escrow
agreement which shall provide that in the event the required
28
•
CITY OF OAK PA Oo
RK HEIGHTS
SECTION 402 SUBDIVISION q�
PROPOSED PARK DEDICATION REQUIREMENTS
402.08 Park Land and ash Dedication Re uirement
A. Pur ose.
1. The City Council recognizes that maintaining and improving
and quality of the environment of the City is essential or the health,aracter safet
and welfare of the residents of Oak Park Heights and persons working in
Oak Park Heights. The preservation of land for park, trail, playground, and
public open space purposes as it relates to the use and development of land
for residential, commercial and industrial purposes is essential to
maintaining a healthful and desirable environment for all citizens of the City.
2. Guidelines for planning parks and trails in the City are found in the
Comprehensive Park and Trail System Plan of 1999. Demand for park, trail,
playground and public open space is directly related to the intensity of
suchdevelopment dedicationw)ithinshall anybedirectly given area; therthefeoredensity, the Cityand'sintensit standardofsea and
guidelines for the dedication of parkland (or cash contributions in lieu of
• related to
development. Y ch
B. eneral uidelines for Park Land and ash Dedication.
1. As a prerequisite to plat approval, subdividers shall dedicate land for
parks,
trails, playgrounds, public open spaces, and/or shall make a cas
h
contribution to the City's Park and Recreation Department Fund as provided
by this Section. The City Council shall make the determination as to the
amount of park land or cash dedication, how the dedication is to be made,
and when the dedication is to be received by the City.
2. Land to be dedicated shall be reasonably suitable for its int
use and
shall be at a location convenient to the people to be served.FFa tors used
in evaluating the adequacy of proposed park and recreation areas shall
include size, shape, topography, geology, hydrology, tree cover, access, and
location.
3. Changes in density of plats shall be reviewed by the City for reconsideration
of park dedication and cash contribution requirements.
4. When a proposed park, trail, playground, recreational area, school site, or
• other public ground has been indicated in the Oak
Park eights
Comprehensive Plan or City's official maps, and is located in whole or in part
1
• within a proposed plat, it shall be designated as such on the plat and shall
be dedicated to the appropriate governmental unit. If the subdivider elects
not to dedicate an area in excess of the land required hereunder for such
proposed public site, the City may consider acquiring the site through
purchase or condemnation. g
5. Land area conveyed or dedicated to the City shall be in addition to
and not
in lieu of open space requirements for planned unit developments.
6. Where private open space for park and recreation purposes isrovie
d
a proposed subdivision, such areas may be used for credit, at the dis reai in
of the City Council, against the requirement of dedication for park on
and
recreation purposes, provided the City Council finds it is in the public interest
to do so.
7. The City Council, upon consideration of the particular type of development
may require larger or lesser parcels of land to be dedicated if the Cit
Council determines that present or future residents would requrire y
lesser land for park and playground purposes. In addition, they CitgyrCouncor
l
may also require lots within the subdivision be held in escrow for future sale
or development. The moneys derived from the sale of escrowed lots will be
used to develop or to purchase park land in the future.
• 8. The City Council may elect to receive a combination of cash and land for
park use. The fair market value of the land the City wants shall be
calculated. That amount shall be subtracted from the cash
required by Section 402.08.D of this Ordinance. The remainder shalllbe
cash contribution requirement.
9. "Fair market value" shall be determined as of the time of filing the fins
in accordance with the following: I plat
a. The City Council and the developer may agree as to the fair market
value.
b. The fair market value may be based upon a current a rais
submitted to the City by the subdivider at the subdivider's ex en al
a purchase agreement (less than oneP se or
subdivision approval) for the (1) year from the date of
property in question. The appraisal
shall be made by appraisers who are approved members of the SREA
or MAI, or equivalent real estate appraisal societies.
c. If the City Council disputes such appraisal, the City Council m
the subdivider's expense, obtain an appraisal ay, at
•
qualified real estate appraiser which shall be conclusive evden eyoa
f
the fair market of the land.
2
•
• 10. Planned developments with mixed land uses shall make cash and/or
land
contributions in accordance with the section based upon the percentage of
land devoted to the various uses.
11. The cash contributions for parks shall be deposited in the City's Park and
Recreation Development Fund and shall be used only for park acquisition
or development.
C. Residential Park Land Dedication.
1• Formula. The amount of land to be dedicated by a developer shall be
based
on the gross area of the proposed subdivision and proposed type of dwellin
unit and density. The formula for land dedication is as follows: g
Dwelling Units Land to be
Per Acre Dedicated
0 - 1.9 8%
2.0 - 3.9 10%
4.0 - 5.9 ,
6.0 - 9.9 111111131111111
•
10+ 14% plus 5% for
each unit over 10
2. Standards for Accepting Dedication of Land for Public Park Purposes.
a. 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 as is acceptable to the City.
b. The required dedication shall be made at time of final plat approval.
c. The removal of trees, topsoil, storage of construction equipment,
burying of construction debris, or stockpiling of surplus material from
dedicated land is strictly forbidden without the written approval of the
City Administrator.
d. Grading and utility plans, which may affect or impact the• ro 0
park dedication, shall be reviewed and approvedyP P ned
prior to dedication, or at such time as reasonably determined.ty oucil
3
• e. To be eligible for
park dedication credit, land dedicated is to be
located outside of drainways, floodplains or ponding
exceeding twelve (12 g area. Grades
ark
development shall not be considered for dpercent or edication unsuitable for
City Engineer. Park land to be dedicated shall dication as defined by
the
high water level as approved by the City Enginb-above the ordinary
r.
f. The City Council, upon review,
shall create and maintain some form of n-site recreation ine at the use
the
site residents such as tot lots and open play space. This use by the
may be in addition to the land or cash dedication requirement.ash Da ent
D. Residential Park
Dedication.
1• Formula. The required cash dedication shall
dedication. To calculate a cash dedication, the subdivider
be equal in value to a land
appraisal or purchase agreement in accordance with Section
this Ordinance to establish fair market shall provide an
Cash dedication shall be based upon the same 402.08.B.9 of
value of the property in question.
for land dedication in Section 402.08.C.1 of this Ordinance.formulas established
cash dedication:• The formula for
Fair Market Required dedicatiValuo
Required Cash
Land Per = Contribution Acreage Required Cash
Acre Upon Dwelling Units Per Acre X of Land = Contribution for
Per Acre to be Proposed
Dedicated Development
2. Standards for Accepting Cash Dedication for Public Park Purposes.
a. If, at the option of the City Council, it is determined
that
dedication shall be made, said cash shall be placed in theCity's cash
and Recreation Development Fund and deposited b Park
with the City prior to final plat approval. Y the developer
b. Cash dedication shall be calculated at the rate
final plat in effect at the time of
E. Commercial/Industrial Dedication Re uiremen
Developers of commercial/industrial land, includin9 commercial/industrial portions
of Planned Developments, shall be required to dedicate
the following:
• 1. At the time the site plan is a
developers shall dedicate to the C'ty grand buildinpermits are
park, trail, playground and pubic
4
•
• open space purposes, an amount of land up to ten10) percent of the gross
land area within the development, as determined b
ten (
10
In those cases where the City does notY th e City.
such developments, the Cityshall re quire park or open space within
equal to ten (10)10 qu fepayment of a cash dedication
percent of the gross land area within the develo me
3. All requirements, as found in Sections 402.08.BP nt.
of this Ordinance, for accepting dedication of land or0aC
cash for public park
purposes shall apply to industrial and commercial ' and 402.08.D
dedication.
4. A credit of up to twenty-five (25)
percent of the required dedication may be
allowed by the City Council for open space
provided that such improvements benefiiitident fiable within a development
water resources.
park and recreation
F. Rewired Improvements
Developers shall be responsible for making certain improvements to their
developments for park, typla
follows. , P yground and public open space
purposes as
1. Provide finished grading and ground cover for all
public open spaces within their develo 110Park, playground, trail and
contract or site plan pment as part of their development
pment
approval
2. Establish park boundary corners for the purpose of
The developer shall contact the a erecting
ppropriate Cit park limit signs.
of identifying park property corners. Y personnel for the purpose
3. Provide sufficient
communit Public road access for neighborhood parks and for
Y parks.
G. Authority
The State of Minnesota has recognized the
space in M.S.A. mportance of providing for parks and
opendes to require in Abis Subdivision
bdiv sion 2 b
( ), which clearly gives the right to
regulations reasonable
public use. The City of Oak Park Heights has, by this dedication policy, chosen
qto
exercise this right in establishing minimum requirements
portions of land for
ements for meeting public n needs.
•
5