HomeMy WebLinkAbout2016-11-15 Property Information Received From Marilyn Richert 15'-105 6--)
November 15, 2016 H
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City of Oak Park Heights
14168 Oak Park Blvd., Box 2007
Oak Park Heights, MN 55082 L l
Attention: Eric Johnson y�a� T ter;✓ 1
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In talking with Mike Nelson, Director, Land Development, for Habitat for Humanity, he furnished me
with the following information (italicized) from your conversation with him.
Finished lots ready for a Building Permit in the neighborhood are valued at around$70,000. ' I
Is this based on a 80 x 130 foot lot? U 5 Si 5-{, 11
2014 improvements—existing services were replaced. ( 5 y
Are not these two lots considered building ready? (tom( f
If not, what else needs to be done?
Please line item any costs required to making them finished lots?
How much will it cost to make the southernmost lot building ready by extending water and sewer in the
boulevard from the middle lot to the south lot? Again, please line item costs.
Platting/survey costs- $4500
In the fall of 2014, I brought in pictures and reported to you that the survey irons on the
northwest and southwest corners of the property had either been buried or removed by contractors, and
I requested they be replaced in their accurate locations. You told me not necessary, and it was never
done. The City should be liable to replace these survey irons. We would like to know who is going to
survey and a breakdown of the costs.
Although the City promised to restore the land to its previous condition, it was not. I showed to
you Oak Park Height's own pictures, showing the land level to the road before reconstruction and the
bowl-shaped corner now, the result of the road being raised. There has never ever been problems with
water on those lots before road reconstruction. If the the new storm water drain overflows and water
settles in that low spot, it should be the city's responsibility to fix the problem without cost to the
landowner.
Area charges $15,856 (Sanitary, Water and Storm)
?? Balance owing of principal and interest for 2014 improvements? Please provide us a copy
of the total cost with breakdown(principal and interest) of tax assessments for the 2014 improvements.
The County has informed me I must get this information from the City.
Existing estimate of around$13,000 for Street Assessments to pay off from the street work in 2014.
?? Please line item charges for the $13,000.
Park Dedication Fee
$20,000 because the property is .031 over an acre. Please show us your computations to arrive
at this figure. The other option - how much land would have to be forfeited for park? Would it still
leave three buildable lots? Has anyone in lower Oak Park ever been charged this fee?
Doesn't the City have any benefits for non-profits when they purchase property?
Additional costs,totaling$53,356?
Time is of the essence. I would appreciate your immediate response.
tyiut
Marilyn Richert
9353 Norell Ave.No.
Stillwater,MN 55082
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TAXDESCRIP SubdivisionName BEACH'S ADD , ; a
Lot 2 Block 5 SubdivisionCd 60130 & ... ' `r - T
LOTS-00400:06,008 010 & 012 BLK 0051, -•,:z?, -f� • .
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j Coy of Oak Pert Heights
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y0 20.,..- - ._� _.e s' Y 1�, I�..o..a_'..r�ua,.n.r.ro.i„wa�-,
I. No building permit will be issued by the City for the construction of
any building or structure on any lot in the subdivision as defined
herein,which has been approved for platting, it all requirements of
this Chapter have been fully complied wi and until all utility and
street construction contracts have been a . •ed.
2. No occupancy of an structure shall granted until public and/or
private utilities are a ailable. Where.uilding permits are issued as
provided in sub-secti. I of this S= ion,the building or unit therein
shall not be occupied(e.cept mobil,homes)until said building(s)are
provided with public se er and .ter service,private service(gas,
telephone,electricity, se,er,an' water),and an improved public
street to the extent that the tree,is graded and graveled.
3. Prior to the approval of a C ificate of Occupancy by the Chief
5YucBuilding Inspector,the develop- /owner of the property shall certify
that the as-built lot grades met or exceed standards set forth in
'FD/1/-7-1,t i the original grading plan as has be-, approved by the office of the
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1e C City Engineer. Such certification sh. be completed by a registered
/` surveyor. Lot occupied after Novembe 5th and before April 30th
of each year shall come into compliance b May 31st of each year.
Survey certification requirements shall be guaranteed as part of the
subdivision agreement.
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 citizen 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 to the density and intensity of each development.
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B. General Guidelines for Park Land and Cash Dedication.
1. s a .rere uisite to i lat a sproval,subdividers shall dedicate land for
parks, trails, playgrounds, pu I lc 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 ouncil shall make the
determination as to the amount of park land or cash dedication,how
tie 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 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
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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
monies 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.
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
acquistion 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
29
type or 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
30
3. 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.
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 ofthis 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:
31
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 fmal 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.
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.B, 402.08.C., and
402.08.D 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 indentifiable
park and recreation water resources.
F. Required Improvements.
32
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 responsibilites.
2. Establish park boundary corners for the purposes 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.
402.09 R . ired Basic Im.rovements.
A. General Provisions.
1. Before a final plat is delivere• .y the City to the subdivider, the
subdivider of the land cover-' by said plat shall pay all applicable
-es and execute and sub t to the City Council a Developer's
A: ement which shall be .inding on his or their heirs, personal
repre--ntatives and assi , a part of which agreement shall be set
forth th. the subdivide' will cause no private construction to be
made on - lands wit .n said plat, nor shall the subdivider file or
cause to be led any application for building permits for such
construction un 1 all mprovements required under this Ordinance
have been made o anged for in the manner and conforming to the
requirements as se herein.
2. Prior to the deli -ry of the approved final plat,the subdivider shall
deposit with the City Clerk : amount equal to a minimum of one
hundred twen -five(125%)pe ent of the City Engineer's estimated
cost of the required improvemen 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
33
1001.02 Applications,Permits and Fees.
No person, firm, or corporation shall make any type of connection or perform any
service to the water system, sanitary sewer system or storm sewer system except
upon making an application therefore on a form provided by the City and receiving a
permit issued by the City and for such purposes. The application shall include the
legal description of the property to be served, the uses for which the connection is
requested, and the size of the service line to be used. At the time of making such
application there shall be paid to the City Clerk fees which shall be set by the City
Council from time to time by resolution for the following purposes:
A. No connection shall be made with respect to any sanitary sewer, water
system or storm sewer system serving the property of any person or
occupants of the land, parcel or premises affected that have not paid or
provided for the payment of the full and proportionate share of the said
utilities which share shall be payable as follows:
1. No connection shall be made to the City water or sewer system until
C M 6 r c the applicant or owner pays a connection charge as established by
Council resolution from time to time. The connection fee shall be in
addition to any fees or charges required under Subsections 2,3,&4.
2. For services to property to which service lines have not been
previously run from the street laterals to the property line,the owner,
occupant, or user shall pay into the City Treasury a service line
charge,the amount of which shall not be less than the City's cost of
making the necessary connections,taps, and installation of pipe and
appurtenances to provide service to the property and the necessary
street repairs,provided,however, with the approval of the City,the
owner or applicant shall have the right to contract directly with a
registered installer for the installation and connection of the service
line.
3. Prior to any connections the owner,occupant or user shall pay in cash
or agree to pay charges in the form of Special Assessments to be
levied against the property to be spread over a number of years
coincident with the maturity requirements of any Special
Improvement Bonds sold for the purpose of financing the
construction of sanitary sewer, municipal water or storm sewer
system serving the property. Said cash payment of assessment charge
shall be in the principal amount of not less than the payments made
2
Connection Charges
➢ Existing Lines: Local Water Connection $35.00/Unit
-Charged with Construction Permit
when water meter required.
Existing Lines: Local Sewer $35.00/Unit
Connection -Charged with Construction Permit
when water meter required.
➢ New Lines:
FOR UNDEVELOPED/UNCONNECTED LAND: Per Acre *
Area Charges -Non TSMP AREA
(Middle St. Croix Watershed&Valley
Branch Watershed Districts)
Commercial/
Industrial &
Retail/ Low Medium High
Business Density Density Density
Centers Residential Residential Residential
Sanitary $ 2,494 $ 2,378 $ 3,172 $ 5,551
Water $ 12,961 $ 12,365 $ 16,485 $ 28,853
Storm $ 2,021 $ 1,113 $ 1,614 $ 2,021
TOTAL $ 17,476 $ 15,856 $ 21,271 $ 36,425
Area Charges -TSMP AREA
(Brown's Creek Watershed District-
Exception:areas located W.of Hwy 5,
S. of Trk.Hwy. 36&N.of 55th St.)
Commercial/
Industrial&
Retail/ Low Medium
Business Density Density High Density
Centers Residential Residential Residential
Sanitary $ 2,494 $ 2,378 $ 3,172 $ 5,551
Water $ 12,961 $ 12,365 $ 16,485 $ 28,853
Storm $ 9,427 $ 8,519 $ 9,019 $ 9,427
TOTAL $ 24,882 $ 23,262 $ 28,676 $ 43,831
* Computation of acreage, as it affects each development or connection related to the collection of
these fees,shall be made through the office of the City Engineer with all such fees being
collected through the Office of the City Administrator.
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Park Dedication Requirements:
-- Dedication is based on "Fair Market Value, " determined at time of filing of plat and may be
comprised of land, cash or a combination of both. Refer to Ordinance 402: Subdivision for
additional information
Commercial/Industrial Park Dedication
When City does not require park or open space within
Cash Dedication (1) development, cash amount equal to ten (10) percent of the
gross land area within the development, as determined by
the City.
Land Dedication (1) An amount of up to ten (10) percent of the gross land area
within the development, as determined by the City.
(1) 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.
Residential Park Dedication
Required Land Dedication Based upon Dwelling Units Per Acre
Cash Dedication (1) x
Fair Market Value of Land Per Acre
Required Cash Contribution For Proposed Development
Land Dedication (2) Dwelling Units Per Acre Land to Be Dedicated
0-1 .9 8%
2.0 — 3.9 10%
4.0-5.9 12%
6.0 — 9.9 14%
10 + 14% + 5% for each unit over 10
(1) Amount based on fair market value and same density formulas established for land dedication.
Amount based on the gross area of the proposed subdivision and proposed type of dwelling unit and density.
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Planning&Zoning Applicadon Fee Escrow
City Financial Assistance:
Eg:TIF,Tax Abatement,Special Assessments, $3,000.00 To be determined by
Annexation,Special District Projects,Etc. City based on proposed
•Non- project.
Also See:City of Oak Park Heights-Financial Assistance— Refundable
Listing of Fees.
Comprehensive Plan Amendment $ 500.00 $1,000-$3,000*
Conditional Use Permit/Amendment:
Industrial/Commercial $ 400.00 $1,000-$3,000*
Conditional Use Permit/Amendment:Single
Family Residential $ 150.00 NA
Home Occupation: Minor $ 25.00 NA
Home Occupation: Major(CUP Process) $ 100.00 NA
Home Occupation:Annual Renewal Fee $ 15.00 NA
Planned Unit Development:Amendment $ 700.00 $1,000-$3,000*
Planned Unit Development:Concept Plan $ 500.00 $1,000-$3,000*
Planned Unit Development:General Plan $ 700.00 $1,000-$3,000*
Site Plan Review $ 400.00 $1,000-$3,000*
Street Vacation $ 100.00 $500.00*
Subdivision:Minor $ 200.00 $500.00*
Subdivision:Major $ 400.00 $1,000-$3,000*
Variance:Industrial/Commercial $ 200.00 $1,000-$3,000*
Variance:Single Family Residential $ 150.00 NA
Zoning District Amendment $ 400.00 $1,000-$3,000*
* Escrow is based on number of units: 1-9 $1,000
10-50 $2,000
51+ $3,000
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