HomeMy WebLinkAbout[04a] St. Bens Park Board DedicationSarah Bialke
From: Judy Weyrens
Sent: Monday, July 25, 20114:13 PM
To: Sarah Bialke
Subject: FW: Park Board Meeting
Attachments: Opinion re park dedication fees.pdf; Park Dedication College 2nd Addition.xls; 110721sjpb
stcc jw -jlg. pdf
From: Judy Weyrens
Sent: Monday, July 25, 20114:12 PM
To: Bob Loso (bobloso (ftcom); chad.hausmannC&co.mcleod.mn.us; John Anderson ; Lonnie Abbott; Marguerite Fogarty;
Terry Thene; Sharon Young (stioesummerrec @ hotmail.com); 'adeuhs @csbsju.edu'
Cc: Rick Schultz
Subject: Park Board Meeting
Good Afternoon —
Please find attached the City Attorney response to the Park Dedication fee. The Ordinance establishes the requirements
for design standards and park dedication. In reviewing he plat, the street abutting CR 121 /College Avenue is a Collector
Street; therefore, based on the Ordinance sidewalk is required along the west side of the development. This sidewalk is
a design requirement and is not part of the dedication requirement. See attached extract of St. Joseph Code of
Ordinance 54.16 Subd. 3(y):
Y) Sidewalk Requirements. Sidewalks shall be required on collector and minor arterial streets. Sidewalks
may also be required on neighborhood residential streets as directed by the City.
The trail on the south end of the property abutting the future road would be discretionary and fall under the following
Ordinance provision. The following is an extract of Ordinance 54.18 Subd 7 c —d:
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.
With regard to Park Dedication, the Ordinance identifies either a per unit charge for all residential type uses and a
percentage of the land value for other uses. Therefore, when calculating the Park Dedication fee the residential fee is
calculated separately from the Commercial and open space. This consistent with how we have charged other
properties. For example the Millstream Shops and Lofts was charged for each residential unit and then the lower level
was charged 2% of the land value Ordinance 54.18 Subd. 6 states:
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.
Once the base Park Dedication fee has been established, any credits would be deducted.
The Park Board is recommending to the Planning Commission and City Council, so the staff would like a
recommendation from the Park Board to include with the public hearing scheduled for next Monday evening.
Rajkowski Hansmeier
11 7th Avenue North
P.O. Box 1433
St. Cloud, MN 56302
320.251.1055 July 25, 2011
800.445.9617 toll -free
320.251.5896 fax
Ms. Judy Weyrens
www.rajhan.com City Administrator
P.O. Box 668
St. Joseph, MN 56374
Thomas G. Jovanovich
tjovanovich(a?rajhan.com
RE: College of St. Benedict, College 2'd Addition / Park Dedication Proposal
Our File No. 30371
Dear Ms. Weyrens:
At your request, I have been asked to render an opinion with respect to the proposed park
dedication fee suggested by Attorney John Greer on behalf of the College of St.
Benedicts. This proposal is contained in a letter from Mr. Greer to the City, dated July
21, 2011.
In that letter, Mr. Greer proposes that the park dedication fee be 2% of the average land
value of the entire 51.06 acres of the plat. Mr. Greer's calculation then assumes that the
estimated market value of the land totals $561,600 based on the Stearns County
Auditor/Treasurer estimated market value. That amounts equals to a park dedication fee
of $11,232. Mr. Greer then suggests that the College pay $7,916.96 in cash and that the
remainder of the park dedication fee be contributed with land dedication for a bike trail
easement. Please see letter from Attorney John Greer, dated July 21, 2011.
It is my opinion that this calculation is not correct based on the St. Joseph Subdivision
Ordinance Regulations. The basis for my opinion is as follows.
The park dedication fee is set forth in St. Joseph Ordinance Section 54.18, Subd. 3. The
land dedication formula used in determining the dedication fee is as follows:
a) Land Dedication Formula: In determining the dedication fee when land
is dedicated the following formula shall apply:
i. Single Family
ii. Multiple Family
iii. Commercial
iv. Industrial
1,172 square feet per unit
1,250 square feet per unit
2% of land area, not including streets
or other dedications.
2% of the land area, not including
streets or other dedications.
0
Rajkowski Hansmeier °S° °o°
July 25, 2011
Page 2
Mr. Greer's computation of the formula assumes that the entire development is commercial, and therefore
2% of the land area should be used to determine the Iand dedication fee. However, Lot 2 contains the
land which will be used for student housing. This housing complex consists of four buildings, with eight
dwelling units in each building, and a fifth building which would serve as a "commons" for the student
housing. Each dwelling unit will consist of four bedrooms, two bathrooms, a living room, a kitchen and
laundry facilities. The total number of students and staff housed in the facilities will 128. This use is
more closely related to a multiple family residence rather than a commercial area. The Subdivision
Ordinance defines a multiple family dwelling as a "dwelling containing more than two separate living
units." The student housing falls within this definition since it clearly envisions living units for students,
which include common living areas, bedrooms, bathrooms, kitchen, and laundry facilities.
Lot I will be used as the Welcome Center, which would include Admissions Office, Conference Room
and a Visitor's Center. Outlots B, C and D will be used for drainage purposes to allow for stormwater
drains for the entire development. Lot 1 will be used as the athletic fields. These areas could qualify for
the commercial land dedication fee.
Outlot A is tentatively planned as a residential retirement community development. However, the
developer's plans for this retirement community are on hold and therefore, the College is not including
Outlot A in the request for rezoning. It is my suggestion that the City may want to consider deferring the
land dedication assessment for Outlot A until the City knows the actual use for that particular parcel of
land.
One other point of clarification is necessary. Subdivision 7 of the land dedication requirements of the
subdivision regulations requires dedications of sidewalks and trails. Subdivision 7(c) states that if a
sidewalk or trail is constructed in the right -of -way, the improvement is the responsibility of the developer
and the City Council shall have the discretion to determine if the sidewalks or trails can be utilized
towards park dedication. Accordingly, the City Council will have to determine whether the developer be
allowed to include the trails as a portion of the park dedication if the trails are on right-of-ways.
Subdivision 7(d) provides that if the trails are outside of the right -of -way, the trails may be used as. a
portion of the park dedication, so long as the trail is dedicated to the City in the form of an easement and
the trail is part of the recreational system.
If there are any further questions, please advise.
Sincerely,
RAJKOWSK
By �;
Thomas G.
TGJ /baw
Enclosure
ATTORNEYS AT LAW
KEVIN J. HUGHES
THomm E MATHEWS
JOHN L, GREER
JOHN F. MATHEWS
July 21, 2011
Judy Weyrens, City Administrator
City of St. Joseph, Minnesota
25 College Avenue N
P.O. Box 668
St. Joseph, MN 56374
Rick Schultz, Mayor
Lonnie Abbott, Park Board Member
Steve Frank, Council Member
Andrew Deuhs, ParkBoard Member
Bob ioso, Council Member
Marguerite Fogarty, Park Board Member
Renee Symanietz, Council Member
Chad Hausmann, Park Board Member
Dale Wick, Council Member
Sharon Young, Park Board Member
City of St. Joseph, Minnesota
City of St. Joseph, Minnesota
RE: College of St. Benedict, College 2nd Addition / Park Dedication Proposal
Our File No.: 103 -00044
Dear Si.rs/Madanzs:
Pursuant to Section 54.18 of the St. Joseph Subdivision Ordinance, the College of St. Benedict
submits this proposal for park dedication for the College's proposed development of Student
Housing, a Welcome Center, and recreational facilities to be located on a new subdivision know
as College 2nd Addition,
According to the Cash Dedication Fee formula in the City's Subdivision Ordinance, the
dedication fee is to be 2% of the average land value. According to the Steams County Auditor -
Treasurer, the 2011 estimated market value of the 51.06 acres, which are to be developed into
College 2nd Addition, totals $561,600; therefore, 2% of that amount equals a park dedication fee
of $11,232.00.
The College will pay $11,232.00 as the park dedication fee or, in the alternative if the City's
Park Board and City Council prefer, the College will make a combined combination of cash and
land. The City's Subdivision Ordinance provides that the City may elect to allow a combination
of land dedication and cash payment to satisfy the park dedication requirement. The College
proposes to pay $7,916.96 in cash, and the land portion of the contribution would be a dedicated
easement for a bike trail.
I 10 Siam AVENUE SouTH, SUITE 200 • P.O. Box 548 • Sr, CLOUD, MRdNESOTA 563020548
E -MAIL: attorneys0hughesmathews.cwm - www.hughesmathews.com
TELEPHONE: 320.251,4399 - BAx; 320,251,5781
July 21, 2011
Page 2
The College proposes to dedicate a ten -foot wide easement for a bike trail along the southerly
boundary of the College 2 "d Addition in the same area as the utilities easement, and an additional
ten -foot wide easement to continue the bike trail along the southerly boundary of College
Addition, which is the separate subdivision upon which the President's Residence has been built.
These easements would be consistent with the City's Park and Trail System Map which shows a
segment of a future trail along this boundary and adj acent to the future street which va=ill connect
County Road 121 with residential neighborhoods to the east.
The length of the southerly boundary of College 24 Addition is 820.2 feet and the length of the
southerly boundary of College Addition is 4916 feet. The total square footage of the two ten -
foot wide easements for the bike trail would be 13,128 square feet. It is difficult to determine a
land value of such easements, but one way to- estimate the value of the easement areas would be
to use the per -acre valuation of the County for the 51.06 acres. That valuation is $10,998.82 per
acre. An acre is 43,560 square feet; therefore, the 13,128 square -foot easement would be 30.14%
of an acre. The total easement area could be valued at $3,315.04, which, with cash payinent of
$7,916.96, would total the 2% dedication fee amount of $11,232.00.
For your information, the College has inquired about the potential cost of construction for an
eight -foot wide bike trail along the ten -foot wide easement and has been informed that the
estimated cost of 'construction would be $15 per lineal foot, or $19,692.
It should also be noted that, as discussed at the last Park Board meeting, consistent with the
current uses of the College's existing recreational facilities, there will certainly be, public use of
the athletic fields and other recreational facilities by local organizations and informally by
residential neighbors.
The College welcomes the opportunity to discuss this issue with the Park Board and with the
City Council.
Very truly yours,
oYLGreer
er ((via E -Mail)
Schumann via E -Mail)
exwan (via Mail)
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