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HomeMy WebLinkAbout[02] CSB - proposed plat and dedication requirementsMEMORANDUM .i,.L, City of St. Joseph, PO Box 668, St. Joseph MN 56374 DATE: June 24, 2011 TO: St. Joseph Park Board FROM: Judy Weyrens, Administrator The College of St. Benedict has submitted a concept plat for property located East of CR 121. Part of the Platting process is Park Dedication. The Park Board in the past has discussed whether land or cash would be required or a combination. The Ordinance also requires the connection to the trail system; this is above and beyond the park dedication requirement. Part of the plat includes recreation facilities and they can only be counted as a credit towards the dedication fee if they are available to the public. I have attached the Ordinance for your reference. CSB will be at your meeting at 6:15 PM to have a discussion. Section 54.18: PUBLIC LAND DEDICATION. Subd. 1. Purpose and Intent: Minnesota Statute 462.358 provides Municipalities with the authority to require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails or open space. The City has determined that new - development increased the demand for and use of park property. In addition, the City has also determined that the demands on City parks and need for additional park space increases the density of development increases. Therefore, the intent and purpose of this Ordinance is as follows: a) To provide a parkland dedication system for new development, which provides for a larger dedication where density is higher and open spaces are more sporadic. b) To provide required parkland to be dedicated by this Ordinance to be roughly proportionate to the impact on the demand for park use in the City as a result of new development. L For residential development where the impact is based upon the number of people in the new development, rather than set a standard percentage of the total development to be dedicated, the City will use a standard percentage of its starting point in establishing a dedication. ii. For commercial and industrial developments, since the impact is primarily based upon the loss of open and green space, and the loss of natural areas the City will use a standard percentage as its starting point in establishing a dedication. C) To determine the "rough proportion" of dedication, the City Council utilizes the National Park Standard of 10 acres per 1000 residents in determining the amount of park dedication required for any given development. Subd. 2: Reservation of Land. Where a proposed park, playground, school site or other public site shown on an adopted plan or official map is embraced in part or in whole by a boundary of a proposed subdivision, and such public sites are not dedicated to the County or Board of Education, such public grounds shall be shown as reserved land on the preliminary plat to allow the County State Agency or the Board of Education the opportunity to consider and take action toward acquisition of such public ground or park or school site by purchase or other means prior to approval of the Final Plat. Subd. 3: Dedication of Land. The City shall require all subdivisions to dedicate a reasonable percentage of property to the public or preserved for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, wetlands or open space as determined by the City Council. The City Council will make a final determination after consulting with the Planning Commission and Park Board. No areas may be dedicated as parks, playgrounds, or public lands until such areas have been approved forthat purpose to which they are to be dedicated by the City Council. The subdivider - developer shall leave such dedicated land in a condition suitable to the City Council. a) Land Dedication Formula: in determining the dedication fee when land is dedicated the following formula shall apply: Single Family 1,172 square feet per unit ii. Multiple Family 1,250 square feet per unit iii. Commercial 2% of land area, not including streets or other dedications. iv. Industrial 2% of the land area, not including streets or other dedications. b) Land Eligibility: To be eligible for park dedication credit, any land dedicated must be located outside of the drainways, wetlands, floodplains or ponding areas after the site has been developed. Absent unusual conditions, stormwater drainage areas and holding areas or ponds shall not be considered wetlands. Lands dedicated for public use must have street frontage on one or more street (s) with a minimum frontage of 200 feet. C) Dedication Credits: The Council may, after reviewing the recommendation of the Park Board, give credit for land dedication for the following: Where wetlands have been determined to have a park function by the Park Board, credit may be given up to a 25 percent of the wetland area and adjoining lands areas below the high water level. ii. Where a private open space for park or recreation purpose is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, credit may be given up to 25 percent. Before credit is given, all of the following factors must be satisfied: The land area must be available for use, without preference, of all of the residents of the proposed subdivision. 2. The required setbacks must not be included in the computation of such land. 3. The use of the private open space must be restricted for park and recreation purposes by recorded covenants or declarations which run with the land in favor of the owners of the property within the subdivision and cannot be eliminated without prior approval of the City Council after review and recommendation by the Park Board and Planning Commission. 4. The proposed private open space must be of sufficient size, shape, location, and topography for park and recreational purposes or must contain unique features that are important to be preserved. Subd. 4: Cash in Lieu of Land. If in the judgment of the City Council, the area proposed to be dedicated is not suitable or desirable for park/playground purposes, because of location, size or any other reason, the City Council may require in lieu of land dedication, a payment to the City of a sum equal to a fee established by the City Council. a) Cash Dedication Fee: In determining the dedication fee when the Council requires a cash in lieu of fee, the following formula shall apply: Single Family ii. Multiple Family $ iii. Commercial iv. Industrial $ 914 per lot 975 per lot $ 2% of average land value $ 2% of average land value For the purposes of this section, the average fair market includes an average of un- improved land values, prior to the installation of improvements, as of the date of the final plat. Subd. 5: Partial Dedication and Partial Payment. The City may elect at its sole discretion to receive a combination of cash, land, and development of the land for park use. The potential cash donation generated by the dedicated land and /or the value of the development of land shall be calculated based on the fair market value of the land no later than at the time of final approval. That amount shall be subtracted from the cash contribution required by the Subsection above. Subd. 6: General Requirements. a) Land to be dedicated shall be reasonably suitable for its intended use as determined by the City and shall be at a location convenient to the public to be served. Factors used by the City Council in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access, and location. b) The applicant shall confer with City Staff and the City Council at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. Such contribution requirement recommendations) will be sent to the Planning Commission for review and comment and subsequently to the City Council for its approval. C) When a proposed park, playground, recreational area, or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the approximate governmental unit. If the applicant elects not to dedicate an area in excess of the land required hereunder for a proposed public site that the City feels is in the public interest to acquire, the City may consider acquiring the excess land through purchase, condemnation, or negotiation. d) Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Ordinance and shall be in addition to and in lieu of open space requirements for planned unit developments. e) Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas shall not be used for credit against the requirement of dedication for park and recreation purposes, unless the City Council finds it in the public interest to do so. f) The City, upon consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In such cases, a cash contribution shall be required above the land dedication to insure that compensation is received for the full amount of the impact on the City's park and trail system. g) For subdivisions incorporating a mixture of land uses and /or densities, the park dedication fee shall be determined by applying the appropriate dedication for each use as identified in this section. h) Park cash contributions are to be calculated and established at the time of final plat approval. The Council shall require the payment at the time of final plat approval or at a later time under terms agreed upon in the development agreement. Delayed payment may include interest at a rate set by the City. Cash contributions for parks and trails shall be deposited in either the City's Park Fund or multi - purpose trail fund and shall only be used for park acquisition or development, and trail acquisition or development as determined by the City. Additionally, said funds may be utilized anywhere within the City park and trail systems. j) Wetlands, ponding areas, and drainageways accepted by the City (as provided in Subd. 3 c) ii) may be considered in the parkland and /or cash contribution to the City. k) Property being re- platted with the same number of lots and same number of dwelling units shall be exempt from all parkland dedication requirements. If the number of lots or the number of dwelling units is increased, or if land outside the previously recorded plat is added, then the park land dedication and /or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. If the additional land does not create additional lots, then each one -third (1/3) acre added shall be considered a new lot for purposes of calculating the dedication requirements. 1) When land is dedicated and deeded to the City for park purposes, it shall be the responsibility of the City to maintain such dedicated property. M) Land dedication to the City shall be in the form of lots or outlots with approved lot and block numbers. n) Parks bordered on one (1) or more sides by existing creeks or streams shall ensure access to the park is provided from an arterial roadway or collector street and that pathways that allow emergency motorized vehicle traffic within the park are present. o) Parking areas shall be established on land adjacent to the required parkland area, sized to meet the needs of the planned facilities. Criteria reviewed shall include the area the park is intended to serve (neighborhood, entire city), the nature of the park (passive recreation, specific use) and the facilities contained within the park (e.g. ball fields, picnic areas, tennis courts, play areas, etc). Said parking areas shall be dedicated to public use and shall not be included in the required land dedication. The City may complete improvement of said parking area. P) The Developer shall be responsible for grading and seeding of required parkland, to City specifications. Subd. 7: Required Improvements: Developers shall be responsible for making certain improvements to their developments for park, playground, trail and open space purposes: a) Areas to be dedicated for public park, trail or ponding shall be brought to a suitable condition by the subdivider prior to acceptance by the City. All dead trees, trash, junk, unwanted structures or other similar undesirable elements shall be removed at the developer's expense. b) Provide finished grading and cover of at least four (4 ") inches or more of topsoil on the park site. In addition, the developer shall be responsible for seeding the park with a mixture approved by the Public Works Director. No park dedication credit will be given for this work. C) Sidewalks or trails shall be constructed in certain right -of -ways, as suggested by the City Council within the development. Further, each subdivision must connect to the established trail system through the construction of sidewalks or trails. This improvement shall be the responsibility of the developer. The City Council shall have the discretion to determine if these sidewalks or trails can be utilized toward park dedication. d) Trails that are part of the recreational system and are outside of the right -of -way and public properties shall be utilized toward park dedication, as long as the trail is dedicated to the City in the form of an easement. Subd. 8: Maintenance of Private Open Space. In the event certain land areas or structures are provided within the subdivision for private recreational use or as service facilities, the owner of such land and buildings shall enter into an agreement with the City to assure the continued operation and maintenance to a predetermined reasonable standard. These common areas may be placed under the ownership of one of the following depending upon which is most appropriate: a) Dedicated to the public where a community -wide use would be anticipated. b) Applicant's ownership and control. C) Property owner's association ownership and control, provided all of the following conditions are met: The property owners association must be established prior to the sale of any lot. 2. Membership must be mandatory for each owner and any successor in interest. 3. The open space restrictions must be in perpetuity, not for a given period of years. 4. The association must be responsible for liability insurance, local taxes and the maintenance of the recreational area and facilities. S. landowners (homeowners) must pay their prorated share of the cost, and any assessment levied by the association then can become a lien on the property in accordance with law. 6. The association must be able to adjust the assessment to meet changed needs.