The URL can be used to link to this page

Home My WebLink About9.b. Park Dedication Subdivision Ordinance Text Amendmenth CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: July 1, 2003 AGENDA ITEM: Park Dedication Subdivision Ordinance Text AGENDA SECTION: Amendment New Business PREPARED BY: Dan Schultz, Parks & Recreation Director, AGENDA ILA frw# R_ Rick Pearson, City Planner 7 ATTACHMENTS: Memo, Draft Ordinance Amendment, Survey, APPROVED BY: PC Minutes, 6- 10 -03. Planning Commission Action: Recommendation of Approval 5 -0 SUMMARY The Parks and Recreation Committee are recommending the City Council raise the park dedication rates for Commercial and Industrial development. Park Dedication in either land or funds is acquired during the subdivision process. During the update process of the Parks Master Plan, a study was done to survey what other cities do, and to bring Rosemount in line with them. With the additional text "and other subdivisions ", the amendment will apply to all other non - residential subdivisions such as Business Park and Public & Institutional districts. In addition, some housekeeping changes are proposed — changing "Committee "'to "Commission" for example. PLANNING COMMISSION PUBLIC HEARING The Planning Commission conducted a public hearing as required. No one attended for comment. The Commissioners adopted a motion to recommend adoption of the amendment after a brief discussion with staff. RECOMMENDED ACTION: Motion to adopt an ordinance amending the Rosemount Subdivision Ordinance for Park Dedication. CITY COUNCIL ACTION: MEMORANDUM DATE: June 3, 2003 TO: Rick Pearson, City Planner Planning Commissioners FROM: Dan Schultz, Parks and Recreation Director SUBJECT: Amendment to the Subdivision Ordinance — Parks Dedication During discussions held at Parks and Recreation Commission meetings in 2002, there was a recommendation to increase the commercial and industrial park dedication amounts from 5% to 10% of the subdivision. State Statue allows for cities to collect a reasonable portion of a subdivision to be dedicated for public use as parks, recreational facilities, etc. The dedication amounts are reviewed annually. Based on the growth of our community and an increased need for recreational facilities and other local dedication amounts, the Parks and Recreation Commission felt that the City was not collecting enough parks dedication from commercial and industrial subdivisions to fully develop the City's park system. Attached is a survey that identifies what other cities are collecting for parks dedication for commercial and industrial subdivisions. The Commission also recommended including language in the subdivision ordinance to require parks dedication for subdivisions not currently covered by our subdivision ordinance. Public and institutional uses are two subdivision types that would most likely not provide parks dedication with our current ordinance. Staff contacted City Attorney Charlie LeFevere and asked his opinion regarding parks dedication for developments that are not considered residential, commercial, and industrial. Mr. LeFevere agreed with staff's understanding of our ability to collect dedication on these types of developments. These developments in most cases will cause a need for parks and recreation facilities and are eligible to provide parks dedication. Keep in mind that once a property is subdivided it most likely will not be eligible for parks dedication in the future. Also keep in mind that the City Council has the ability to look at each subdivision on an individual basis and adjust the amount of dedication based on the specific characteristics of the proposed subdivision. Attached are the proposed amendments to the Subdivision Ordinance relating to Parks Dedication. This recommendation was brought to the City Council at a work session and was supported. Staff also supports the amendment to the Subdivision Ordinance. Subd. 5.6 Park Dedication A. Comprehensive Plans: Where a proposed park, trailway, ponding, or open space area, shown on the City's Comprehensive Guide Plan, Park Development Guide, comprehensive Storm Sewer Plan or official map, is located in the whole or in part in a subdivision, such area or areas shall be shown on the preliminary plat. Such area or areas shall also be dedicated to the City by the subdivider if the Council requests such dedication under the provisions of paragraphs below. B. Dedication: In all subdivisions, the City shall require that a reasonable portion of such land be set aside and .dedicated to the public for parks, playgrounds or other public use exclusive of property dedicated for streets and other public ways. 1. In all residential subdivisions it shall be presumed that a reasonable amount of land has been dedicated for parks and playgrounds if the subdivider dedicates at least one twenty -fifth (1/25) of an acre for each dwelling unit of the proposed subdivision (acres to be dedicated = .04 x number of dwelling units). The City shall determine whether a cash payment in lieu of land dedication is appropriate. The amount of cash dedication shall be determined by multiplying the number of dwelling units of the proposed subdivision times the designed fee per dwelling which may be set from time to time by resolution of the Council. 2. In all commercial, and industrial and other subdivisions, it shall be presumed that a reasonable amount of land has been dedicated to serve the needs of the resident and working population for parks and playgrounds if the subdivider dedicates at least five nA (5- 1 7;) ten percent (10 %) of the land in the subdivision for parks, recreation and usable open space. Tie City shall determine whether a cash payment in lieu of land dedication is appropriate. The amount of the cash dedication shall be determined by multiplying the number of acres (determined by application of the formula stated above) times the designated fee per acre which may be set from time to time by resolution of the Council. 3. The dedication of a portion of land for parks or playgrounds, or the payment of cash in lieu thereof, provided for the above shall be presumed to be reasonable. However, upon the request of the applicant, the recommendation of Park and Recreation sec Commssion, or at the discretion of the Council, the City may either increase or decrease such dedication or payment upon a determination by the Council that such dedication or payment is unreasonable or insufficient given the specific characteristics of the proposed subdivision and its intended use. 4. Ponding areas, needed as a part of the overall City storm drainage plan, shall be dedicated as land or easement at the option of the City and as accepted by the City. However, no credit shall be given for park dedication unless said area meets the criteria for public parks as stated in the City's park dedication resolution and is approved by the Council. Said dedication of land or easement shall be in a form approved by the Council. Subd 5.6 Park Dedicaton 5. In the case of subdivisions of land which have previously been subdivided and for which land has been dedicated for parks or playgrounds, or cash payments in lieu of such dedication have been made, the Council shall make reasonable adjustments to recognize such previous dedication or payment. C. Timing of Park Dedication: If a new subdivision is designed to be platted into more than one addition, all park and other public use lands contemplated under this section in the total subdivision area, shall be dedicated with the final plat of the first phase or addition of the subdivision unless otherwise approved by the Council. D. Condition of Land to be Dedicated: Land to be dedicated for public park, trail, or ponding shall be brought to a suitable condition by the subdivider in accordance with City policy. All disturbed areas shall have topsoil restored, be regraded with turf established according to specifications provided by the City. E. Abstract: Such lands shall be free and clear of all liens and encumbrances including special assessments as evidenced by any recent abstract or title or registered property abstract to be submitted at developer's cost to the City for its examination. F. Dedicated Property: City must have received warranty deed or equivalent for dedicated park property by the City before final plat is approved. Subd 5.6 Park Dedicaton CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA ORDINANCE NO. XXI.9 AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE REGARDING AMENDMENTS TO PARK DEDICATION THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: SECTION L 5.6 Park Dedication of the City of Rosemount Subdivision Ordinancee is amended to read as follows: 5.6.B: 2. In all commercial, and industrial and other subdivisions, it shall be presumed that a reasonable amount of land has been dedicated to serve the needs of the resident and working population for parks and playgrounds if the subdivider dedicates at least five per -ee * ten percent (10 %) of the land in the subdivision for parks, recreation and usable open space. The City shall determine whether a cash payment in lieu of land dedication is appropriate. The amount of the cash dedication shall be determined by multiplying the number of acres (determined by application of the formula stated above) times the designated fee per acre which may be set from time to time by resolution of the Council.' 3. The dedicated of a portion of land for parks or playgrounds, or the payment of cash in lieu thereof, provided for the above shall be presumed to be reasonable. However, upon the request of the applicant, the recommendation of Park and Recreation Eeee Commission or at the discretion of the Council, the City may either increase or decrease such dedication or payment is unreasonable or insufficient given the specific characteristics of the proposed subdivision and its intended use. SECTION II. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 1 St day of July, 2003. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Published in the Rosemount Town Pages this day of , 2002. s Page 1 of 3 + � Park Planning and Design Park Dedication Survey - October '01 !� r 1 1 0 Como Ave. S.E. neapolis, MN 55414 (612) 377 -2500 city Single F 2x T.H. Multi F Mobile. Commercial /Industrial mmercial V$/acre Industrial Residential Dedication $ /unit $ /unit $ /unit $ /unit $ /unit Dedication $/acre Other Method *Apple Valle Valley Cash or land = to 10% of land value. 1600 Cash or land value = to 5% land Value =$40 000 /acre value /area 5,000 2,500 *Arden Hills cash or land equal to 6 -10% or land cash/land = to up to 10% of value /area land area *Bemid'i none none *Becker 10% of land or $850 per unit at councils cash /land equal to 10% of discretion 850 850 850 850 850 land /area - council can waive * Blaine fixed rate per type of dwelling unit 1379 X 1379 1379 1379 1379 this at their discretion fixed rate per acre of land 2864 2511 *Bloomington cash or land up to 10% of land cash or land up to 10% of land value /area - fixed rate per type of 4300 00 33 2500 value /area - fixed rate per type 29 (1000 s.f. 286 (1000 Hotel: 143 dwelling unit of building square footage bldg) s.f. bldg) (1000 s.f. bldg) *Brooklyn Park cash or land equal to 10% of land .1,500 150 00 1500 cash or land equal to 5% � of value /area land value /area 4,800 4,800 cash or land equal to 10% of land cash or land equal to 7.5% of *Champlin value /area. Values = $50,000 - 2000 Y Comm land value area and 9000 6500 $65 000 /acre 10% of Ind land value *Chanhassen cash or land equal to 10% of land 2000 2000 667 1667 1200 p cash or land equal to 10% of value /area 400 tr I land value /area 6000 6000 cash or land equal to 10% of land cash or land equal to 10% of *Cottage Grove value /area + recreation fee of $150 per 1150 9 90 900 1150 land value /area / cash payment in lieu of land dedication shall 10%ofland, i to 4% of fair 10% of land up to 4% of attached or detached dwelling unit not exceed 4% of fair market market fair market value of the land *Crystal cash or land equal to 1 0 % of gross land 400 400 400 400 400 cash or land equal to 5% of are land value /area 400 400 *Dayton land = to 10% of land area or fixed rate 1100 1100 1100 1100 110 cash or land equal to 10% of er t e of dwellin unit land value /area 1,000 1,000 the greater of 1)proposed unit /acre *Eagan *East 2 zones densit / 8 -14% and up 1,499 1,497 1360 1368 up to 7.5% land /value 4360 Grand 3786 Forks $100 er lot or 8% of land area *Eden Prairie fixed rate per type of dwelling unit 2ADO 2,100 2.100 2 00 N/A none fixed rate Per acre of land --- 6,000 6 *Edina cash /land = to 8% of land value /area cash/land = to 8% of land value /area *Elk River cash or land equal to 10% of land area 1470 1470 1470 147 1470 cash or land equal to 10% of land area 3 000 2000 *Falcon Heights none none Page 1 of 3 V -.000 Park Dedication Survey - October '01 Park Planning and Design 0 Como Ave. S.E. inneapolis, MN 55414 (612) 377 -2500 Single F 2x T.H. Multi F Mobile. Commercial /Industrial ommerciai Industrial city Residential Dedica $ /unit $ /unit $ /unit $ /unit $!unit Dedication $ /acre $ /acre Other Method cash /land =to 12.5% of land value or cash or land equal to 5% of 'Farmington fixed rate per acre of land. Ave. 1500 land value /area and /or fixed $30,000 /acre rate per acre of land, appraised value *Hastings 9 cash or land equal to 10% of land 850 50 850 private 8% or gross land area / 85 value /area ne otiat discretion of city council 1500 1200 *Hibbing none Al none `Inver Grove Heights fixed rate per g P type of dwelling unit 1400 500 fixed rate per acre of land 3950 1� 2950 `Lakeville cash or land equal to 10% of land 1500 150 1500 cash or land equal to 10% of 1500 1500 value /area land value /area 5400 3200 `Little Canada cash or land equal to 10% of land 625 625 625 cash equal to 5% of fair market 312.5 value /area value 'Lino Lakes fixed rate per type of dwelling unit 1665 1665 1665 1665 1665 fixed rate per acre and of l 2175 2175 'Mankato cash or land equal to 5% of land cash or land equal to 5% of unimproved value /area land value /area assessed value *Maple Grove P land = to 10% of land area or fixed rate 1850 1950 50 land = to 10 % of land area or 1950 1950 p er a of dwelling unit fixed rate per acre of land 6150 4800 *Maplewood cash /land =to 10% of land value /area 1020 864 810 750 -810 750 cash or land equal to 9% of land value /area Mound cash /land =to of land value /area 500 / lot 500 / lotJ 500 / lot 500 / lot 500 / 1 Min in $500 /lot `Mendota Hei hts Cash or land equal to 10% of land value 1500 1500 1500 1500 150 Cash or land = to 10 %land value /area `Minnea oils P Variable % of land depending on density 900 90 900 Cash or land equal to 5% of 900 900 or $900 per unit cash in lieu land value /area 550 current `Minnetonka cash land =to 10% of land value /area /1500 500 1500 0 / 1500 500/ 1500 N!A cash/land =to 10% of land 400/4200 3000/4400 Proposed value /area `Moorhead Fixed rate per a of dwelling unit 150 150 150 100 15 none 'New Brighton cash /land =to 10% of land value /area `New Hoe none none none 'Northfield Fixed rate per type of dwelling unit/acre 11 % /acr /12c%/acre 13 _ Cash or land equal to 5% 13 -16 %acre (commercial) or 2% (industrial) /acre of land value /area `Oakdale cash or land equal to 10% of land 1000 000 1000 1000 cash or land equal to 10% of value /area land value /area 2200 2200 10+ Oak Park gross area of the proposed subdivision 0 -1.9a 2 -3.9ac = V 9 = 14% + 6 -9.9 = Cash or land equal to 10% of Heights and /or type of dwelling unit and density 8% 10% 12% 14% for ea land values unit ov ten Page 2 of 3 Page 3 of 3 cash or land equal to 10% of land fixed rate per acre of land *Plymouth value /area - additional land if density is 2000 2000 2000 2000 2000 based on average value of 6100 6100 over 2 units / acre - properties in Plymouth, up to 10% ark Planning and Design Park Dedication �� Survey - October '01 10 Como Ave. S.E. inneapolis, MN 55414 (612) 377 -2500 Sin e F 2x T.H. Multi F Mobile. Commercial /Industrial Commercial Industrial city Residential Dedication $lu $ /unit $ /unit $/u it $ /uni Dedication $ /acre $ /acre Other Method *Prior Lake Fixed rate per acre of land. $30,000 I 1685 1685 1685 1 5 1685 cash or land equal to 5% of acre - 1/25 of an acre per dwellin unit land value /area 3545 3545 *Richfield none none *Robbinsdale none none *Rochester cash or land equal to 8% of land value /area none *Rosemount cash or land equal to 1/25% of land of an 1200 120 1200 1200 120 cash or land equal to 5% of acre per dwelling land value /area 1400 1400 *Savage cash /land =to 10% of land value or fixed cash /land =to 7% or fixed rate rate per g p type of dwelling unit 1600 1600 160 1600 160 per acre of land. Ave. 7000 7000 $100 000 /acre Based on fair market value and density City Council can determine *Shoreview per acre, from 4% to a 10% maximum amount or it's based on fair p ercentage. market value of the land. *South St. Paul none none *St. Cloud Fixed rate per type of dwelling unit - or 1159 fixed per dwelling unit value or land 768 none *St. Charles none one in progress) none one in progress *Waconia fixed rated per acre of land. $4,000 / 1600 fixed rate per acre of land. acre $ 3,000 / acre 3,000 3,000 *West St. Paul * ** In progress *Woodbury fixed rate per type of dwelling unit 1,500 1 0 AF 1100 1100 1100 fixed rate per acre of land 3 000 3 000 Average of all cities with per unit or per acre fees $1,388 Average of greater Twin City metro area cities with per unit or per acre $1,453 $3,924 $3,438 f - T The survey was sent to 110 cities in Minnesota in October, 2001. 51 cities responded to the survey. ily density 2.5 lots of per acre. Page 3 of 3 CITY OF ROSEMOU NT Planning Commission Regular Meeting Minutes June 10, 2003 CITY HALL 2875 — 145th Street West Rosemount, MN 55068 -4997 Phone: 651 -423 -4411 Hearing Impaired 651.423 -6219 Fax: 651- 423 -5203 P suant to due call and notice thereof, the Regular Meeting of the Planning Co fission was hel on Tuesday, June 10, 2003. Chairperson Jeff Weisensel called the meet i b to order at 6:30 p.m. th Commissioners Myron Napper, Jason Messner, and Terry Zurn p sent. Commis 'oner David Anderson was absent. Also in attendance were Ci Planner Rick Pearson, Parks and reation Director Dan Schultz, and Assistant Planner Jasjah Lindahl. The meeting wa \opened with Pledge of Allegiance. Agenda Changes: \ None. Audience Input: MOTION by Napper to ap ove the May 27, Minutes. Second by Messner. Ayes: Nappey carried. 7 13 Regular Planning Commission Meeting eisensel, Messner, Zurn. Nays: 0. Motion Chairperson Weisensel confirmed - ' the recording secretary has placed on file with the City all Affidavits of Mailing and Post' gs f a Public Hearing Notice and Affidavits of Publication concerning the public hearings the a nda. Public Hearing: Uitden ogerd Property/ sic This public hearing is ing continued from M single- family lots o .66 acres. The applicant h; 2003 meeting so t ey could revise their plans bas June 2, 2003 th applicant requested a further cor is recommen ng continuing the public hearing. Builders Preliminary Plat 27, 2003. This preliminary plat consists of four requested this be continued until the June 10, :d n Staff comments and public concern. On tinudRce until the June 24, 2003 meeting. Staff irpe/ Weisensel reopened the public hearing. There�re no comments. M OTION byWeisensel to continue the public hearing until Junex 2003. Second by Zurn. es: Weisensel, Messner, Zum, Napper. Nays: 0. Motion carved`. Public Hearing: Amendment to the Subdivision Ordinance The Parks & Recreation Committee is recommending that City Council increase the park dedication rates for Commercial and Industrial development. During the Subdivision process, Planning Commission Meeting Minutes June 10, 2003 Page 2 the City acquires Park Dedication in the form of land or cash. When the Parks Master Plan was being updated, a study was done to survey what other cities were doing so that Rosemount could stay in line with them. The increase will go from 5 percent to 10 percent. Based on the rapid growth and an increased need for recreational facilities, the Park & Recreation Committee felt the City was not collecting enough from the commercial and industrial subdivisions to fully develop the City's park system. Additional text is also being added that will apply to all other non - residential subdivision such as the Business Park and Public & Institutional districts. There was discussion on this other category and how other cities handle those other subdivisions. Each subdivision is looked at on an individual basis. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Messner, Zurn, Napper, Weisensel. Nays: 0. Motion carried. MOTION by Zurn to recommend that the City Council adopt an ordinance amending the Rosemount Subdivision Ordinance for Park Dedication. Second by Messner. Ayes: Zurn, Napper, Weisensel, Messner. Nays: 0. Motion carried. Mr. Pearson stated will most likely be on the June 17, 2003 City Council agenda. blic Hearing: Hart Property/Manley Development Concept Plan Th concept is for a 21 -acre parcel of land dominated by pond /wetlands o 0 1h Street. Based on th the developer is requesting variances to the rural residential d ity requirements of one dwellin nit per five acres. The developer is proposing four sin - family lots. There is only one access int for all four lots so they would convert the o ' mal driveway into a public street. A private driv ould be accepted in lieu of a public stre . Both options result in pond /weltand filling. The south two lots would be landlocked ' ce there is no street frontage. A variance for all four lots woul e needed for the shared veway. The houses are much closer to this shared driveway than th tandard of 45 fee 'n the rural residential district. This is a cluster development. The ponds classified preserve wetlands and have 75 -foot buffer zones. Some of the buffer zones over a he places that would be impacted by drain fields or the shared driveway will be mitigat other areas. The Commission was giv the pros and ns of this project. The total acreage is based on gross acreage. These lots wA be served by drain elds and wells. Sal Mondelli, anley Land Development, stated t is the first time they are looking at property / Rosemo . They understand the challenges of this operty a nd the pristine nature of the lands. They feel they can meet or exceed th tandard requirements. They are advantage of the land. The areas of the homesit are at least 10 feet above the rk as designated by the DNR. They feel they woul reserve and enhance the e working with the Engineering Department regarding eir comments in the