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Home My WebLink About2.c. Park Dedication - Commercial/IndustrialCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR DISCUSSION COMMITTEE OF THE WHOLE: April 10, 2003 AGENDA ITEM: Parks Dedication - Commercial and Industrial AGENDA SECTION PREPARED BY: Dan Schultz, Director of Parks and Recreation AGENDA NO. �J ATTACHMENTS: Parks Dedication Portion of the Subdivision APPROVED BY: Ordinance, State Statute Information and Parks Dedication Survey 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, an increased need for recreational facilities and what other local communities are using as 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 such siihdivisinn types that would most likely not nrnvirle nnrkc dPdir_.atinn with mir r.iirrent nrdinnnre Ctnff 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. 11 RECOMMENDED ACTION \ NOTES: Discussion Only. - 11 easements, drainage, channel, or stream there shall be provided a drainage conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose as determined by the City. Said drainage or ponding easements shall be laid out and located in such a manner as to provide reasonable access for maintenance and dredging purposes without undue infringement upon the property over which access is taken. C. Trails or pedestrian ways shall be shown as trailways on the plat as separate easements or recorded at the County as the City may direct. D. When double frontage or reverse frontage lots are incorporated in a plat, a screen easement of at least ten (10) feet in width may be required along the line of lots abutting a collector street, minor or principal arterial highways. Subd. 5.5 Landlocked parcels. As a general rule, the City shall not permit landlocked parcels or parcels that are only served by private easements. However, the City may permit the following: A. Landlocked parcels in a multiple dwelling or commercial complex provided said parcel(s) have access to public street by an easement over another parcel within the same multiple dwelling or commercial complex. B. Landlocked parcels which are researved for public use or platted as an outlot for such use as ponding areas may be permitted. 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. 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 16 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 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 percent (5 %) 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 amourit 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. 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 Committee, 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. Q pnndin rr nro A - A .+'.tF +l.,. 11 l�: +.. +,...._,. .1.._:_.��_ 1_ • b "Le"a, iieeut.0 aJ a pa1L UL L11G overall ldLy JLV1111 LIlQ.L11agtZ (.)121.11, 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. 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 17 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 Citv. E. Abstract: Such lands shall be free and clear of all liens and encumbrances including special assessments as evidenced by an recent abstract of 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. 5.7 Required Improvements The following required improvements shall be installed in accordance with the engineering policy, standards, and specifications which have been or may in the future be adopted by the Council. Where standards and specifications have not been adopted, the improvements shall be made in accordance with good engineering practices. A. Survey monuments: Shall be placed at all block and lot corners, angle points, points f curves in streets and at intermediate points as shall be required by the City. The monuments shall be of such material, size, and length as may be approved by the City. It shall be the applicant's responsibility to see that the survey monuments are maintained in good order during construction and de`v elopement. B. Sanitary sewer systems: 1. Where available, municipal sewer facilities shall be provided in the development of the subdivision. 2. Prior to providing plans for utilities, analysis of the soil to the depth of the utility proposed should be made and provided with the utility report when required by the City. 3. Where municipal sewer facilities are not available, individual sewage systems shall be provided in accordance with the City Code. C. Water systems: Where available, municipal water facilities shall be provided in the development of the subdivision. I :, Minnesota Statutes 2001, 462.358 similar utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified check, irrevocable letter of credit, or bond in an amount and with surety and conditions sufficient to assure the municipality that the utilities and improvements will be constructed or installed according to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor. The regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce such agreements and conditions by appropriate legal and equitable remedies. Subd. 2b. Dedication. The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. In addition, the regulations may 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 as defined and outlined in section 471.191 playgrounds, trails, wetlands, or open space; provided that (a) the municipality may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision. ubd. 3. Repealed, 1980 c 566 s 35 Subd. 3a. Platting. The regulations may require that any subdivision creating parcels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions which create five or more lots or parcels which are 2 -1/2 acres or less in size shall be platted. The regulations shall not conflict with the provisions of chapter 505 but may address subjects similar and additional to those in that chapter. Subd. 3b. Review procedures. The regulations shall include provisions regarding the content of applications for proposed subdivisions, the preliminary and final review and approval or disapproval of applications, and the coordination of such reviews with affected political subdivisions and state agencies. Subdivisions including lands abutting upon any existing or proposed trunk highway, county road or highway, or county state -aid highway shall also be subject to review. The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Preliminary or final approval may be granted or denied for parts Page 2 of 6 http: / /www.revisor.leg.state.nm.us /stats /462/358.html 1/11/2002 1-.0 Page 1 of 3 M t. Park Planning Design Park Dedication Survey - October '01 , I % and 10 Como Ave. S.E. neapolis, MN 55414 (612) 377 -2500 Single F 2x T.H. Multi F Mobile. Commercial /industrial Vacre mercial Industrial City Residential Dedication $ /unit $ /unit $ /unit $ /unit $ /unit Dedication $ /acre Other Method *Apple 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 *Bemidji 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 this at their discretion *Blaine fixed rate per type of dwelling unit 1379 1379 1379 1379 1379 fixed rate per acre of land 2864 2511 cash or land up to 10% of land cash or land up to 10% of land *Bloomington 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 1 500 00 1500 cash or land equal to 5% of q 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 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 6000 value /area 400 tr land value /area 6000 cash or land equal to 10% of cash or land equal to 10% of land land value /area / cash payment 0% of land, 10% of land *Cottage Grove value /area + recreation fee of $150 per 1150 9 90 900 1150 in lieu of land dedication shall to 4% of fair 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 10% of gross land 400 400 400 400 cash or land equal to 5% of 400 area land value /area 400 400 *Dayton land = to 10% of land area or fixed rate 1100 1100 1100 1100 110 q cash or land equal to 10% of 1,000 p er type of dwelling unit land value /area 1,000 the greater of 1)proposed unit/acre *Eagan 2 zones density / 8 -14% and up 1 499 1,497 1360 1368 up to 7.5% land /value 4360 3786 *East Grand Forks $100 per lot or 8% of land area X none *Eden Prairie fixed rate per type of dwelling unit 2,J50 2 100 2 2100 N/A I fixed rate per acre of land 6,000 6,000 *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 3000 2000 land area *Falcon Heights none none Page 1 of 3 V-.000 Page 2 of 3 ` Park Planning and Design Park Dedication Survey - October '01 '► ' II II I' IV 9 0 Como Ave. S.E. inneapofis, MN 55414 (612) 377 -2500 Single F 2x T.H. Multi F Mobile. Commercial /Industrial ommercial Industrial City Residential Dedication $/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 cash or land equal to 10% of land 850 50 850 85 private, 8% or gross land area / value /area ne otiat discretion of city council 1500 1200 *Hibbing none none *Inver Grove Heights fixed rate per type of dwelling unit 1400 500 f i fixed rate per acre of land 3950 2950 *Lakeville cash or land equal to 10% of land 1500 150 1500 1500 1500 cash or land equal to 10% of 5400 3200 value /area land value /area *Little Canada cash or land equal to 10% of land 625 625 625 312.5 cash equal to 5% of fair market val /area value *Lino Lakes fixed rate per type of dwelling unit 1665 1665 j 1665 1665 1665 fixed rate per acre of land 2175 217 *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 land = to 10% of land area or fixed rate 1950 1950 50 1950 1950 land = to 10 °/a of land area or 6150 p er type of dwelling unit fixed rate per acre of land 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 10% of land value /area 500 / lot 500 / lot 500 / lot 500 / lot 500/1 Min $500 /lot *Mendota Cash or land equal to 10% of land value 1500 1500 1500 1500 150 Cash or land = to 1 O %land Heights value /area *Minneapolis Variable % of land depending on density 900 90 900 900 900 Cash or land equal to 5% of 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 p rop osed value /area *Moorhead Fixed rate per t ype of dwelling unit 150 AF1 50 150 100 15 none *New Brighton cash /land =to 10% of land value /area if none *New Hoe none none *Northfield Cash or land equal to 5% Fixed rate per type of dwelling unit/acre 11 %/acre 12% /acre 13 -16 %acre (commercial) or 2% (industrial) %acre of land value /area *Oakdale cash or land equal to 10% of land 1000 1000 1000 1000 cash or land equal to 10% of 2200 2200 value /area land value /area 10+ Oak Park gross area of the proposed subdivision 0 -1.9a 2 -3.9ac =_ 9 = 6 -9.9 = 14% + Cash or land equal to 10% of Heights and /or type of dwelling unit and density 8% 10% 12% 14% a values l and unit ten Page 2 of 3 l cash or land equal to 10% of land *Plymouth value /area - additional land if density is 2000 2000 2000 2000 over 2 units / acre Park Dedication Survey - October'01 6 /uni Dedication 1685 cash or land equal to 5% of S\in. F 2x T .H. Multi F Cit Residential Dedication $/unit $ /unit $/u it *Prior Lake Fixed rate per acre of land. $30,000 / 1685 1685 1685 1 5 acre - 1/25 of an acre per dwelling unit City Council can determine amount or it's based on fair *Richfield none none none *Robbinsdale none NJ fixed rate per acre of land. *Rochester cash or land equal to 8% of land value /area *Rosemount cash or land equal to 1/25% of land of an 1200 120 1200 1200 acre per dwellin *Savage cash /land =to 10% of land value or fixed 1600 1600 160 1600 rate per type of dwelling unit Based on fair market value and density *Shoreview per acre, from 4% to a 10% maximum p ercentage. *South St. Paul none *St. Cloud Fixed rate per type of dwelling unit - or 1159 768 fixed per dwelling unit, value, or land *St. Charles none one in progress *Waconia fixed rated per acre of land. $4,000 / 1600 acre *W est St. Paul * ** In progress * ** *Woodbury fixed rate per type of dwelling unit 1 1 0 1100 11100 Average of all cities with per unit or $1,388 per acre fees Average of greater Twin City metro area cities with per unit or per acre $1,453 The su 2001. fixed rate per acre of land 2000 f based on average value of properties in Plymouth, up to )bile. Commercial /Industrial 6 /uni Dedication 1685 cash or land equal to 5% of land value /area none none none 120 cash or land equal to 5% of land value /area cash /land =to 7% or fixed rate 1600 per acre of land. Ave. $100,000 /acre City Council can determine amount or it's based on fair market value of the land. none none none one in progress NJ fixed rate per acre of land. 1100 6100 6100 irk Planning and Design 10 Como Ave. S. E. nneapolis, MN 55414 (612) 377 -2500 :ommercial Industrial $ /acre $ /acre Other Method 3545 3545 1400 1400 7000 7000 3,000 3,000 3.000 3.000 $3,924 1 $3,438 Page 3 of 3