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Home My WebLink About8A Park Dedication Ord STAFF AGENDA REPORT DATE: 8A PAUL HOKENESS, PARKS & RECREATION DIRECTOR CONSIDER APPROVAL OF ORDINANCE 96-15 AMENDING PARK DEDICATION ORDINANCE SECTION 6-6-8 OF THE CITY CODE AND SECTION 6- 6-8 OF SUBDIVISION ORDINANCE 87-10. JULY 1, 1996 AGENDA NUMBER: PREPARED BY: SUBJECT: INTRODUCTION: The purpose of this agenda item is to consider changes to the park dedication ordinance Chapter 6, Section 6-6-8 of the subdivision ordinance. This amendment would do the following: 1. Establish a revised schedule of dedication credit from 0- 100% of the required 10% park dedication based upon the characteristics of the land to be dedicated. 2. Require developers to grade, provide topsoil, and establish turf on dedicated lands. Reserve the right of the City to accept or reject land for park purposes based upon the expected cost of making such lands useable for public purposes. DISCUSSION: The current Park Dedication Ordinance allows the developer to dedicate any type of land and receive 100% credit for this land regardless of the land's condition, location within the development, or characteristics. At present 60% of our park system consists of land which is in a natural state whether it be woodlands, wetlands, or steep slopes. From a land preservation and natural resources standpoint this is not all bad, but at this time we have no land available in which to develop additional active recreation areas. Council Members have previously expressed concern about giving park dedication credit for marginal land which has limited park development potential. Our current needs for land are those lands which can be developed into active recreation and athletic facilities. At present our athletic fields are being scheduled to their full AGDAMND.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE ORDINANCE NO. 96-15 AN ORDINANCE AMENDING SECTION 6-6-8 OF PRIOR LAKE CITY CODE AND AMENDING SECTION 6-6-8 OF PRIOR LAKE SUBDIVISION ORDINANCE 87-10. The City Council of the City of Prior Lake does hereby ordain: Section 6-6-8 of Prior Lake City Code and Section 6-6-8 of Prior Lake Subdivision Ordinance 87-10 are hereby amended by deleting and substituting the following: A The owners of any land being subdivided for residential, commercial, industrial or other uses or as a Planned Unit Development shall dedicate to the public or preserve for conservation purposes or for public use as parks, playgrounds, trails, or public open space a reasonable portion of the subdivided land. The city has determined the land dedication requirement to be equivalent to ten percent (10%) of the gross area of a subdivision. The amount of credit given for land to be dedicated shall be based upon the land characteristics and in accordance with the following schedule: DEDICATION SCHEDULE Land Characteristic Dedication Credit Dry upland with undisturbed topsoil and slopes not exceeding 10%. 100% Land which the Developer has provided a minimum of 4" of topsoil, graded and does not exceed 10% slopes. 100% Unstable land with poor soils and slopes not exceeding 10%. 50% Virgin woods with slopes less than 10%. 50% Virgin woods with slopes which are greater than 10%. 25% Dry upland with undisturbed topsoil and slopes of 10-20% 25% Unstable land with poor soils and slopes greater than 10% or wetlands, N.U.R.P. ponds, and water retention areas which are deemed not suitable for park purposes. 0% ORDPKDED.DOC B Dedicated land shall be made suitable by the developer for its intended use as parks and playgrounds, trails, or public open space. The City shall determine the final condition of the land which is to be dedicated and the Developer shall be responsible for grading, topsoil, and turf establishment unless otherwise directed by the City Manager or his/her designee. The City shall provide the Developer with grading plans for the dedicated park and trails and will also provide specifications for topsoil and turf grass. The City further reserves the right not to accept land which in its discretion is not useable for the aforedescribed purposes, does not provide park facilities in the locations set forth in the City's Comprehensive Plan, or land which would require extensive expenditures on the part of the public to make them useable. C At the City's option~ the subdivider shall contribute an equivalent amount in cash, or cash and land, in lieu of all or a portion of the land which the City may require such owner to dedicate pursuant to paragraph (A) above. The cash amount shall be based on the fair market value of the land reasonably required to be dedicated, with said value being determined no later than at the time of final plat approval. D Whenever the term "'dedicate" is used in this section, it shall mean a dedication to the City of land or cash, or both, whichever the City, at its option, shall require. The dedication shall be made to and received by the City prior to the City's release of the final plat. E In instances where cash is required in lieu of land, payments as required by this Ordinance shall be made prior to the City Manager releasing the final plat to the subdivider. The cash portion of the calculation shall be made as follows: 100/0 of the value of the land per acre as determined by the City times the gross acreage of the plat. (Ord. 87-10) F Where the owner provides in the subdivision for the public use neighborhood park amenities such as, but not limited to, tennis courts, ball fields, play equipment, open space or other recreational facilities, the City may reduce the amount of land to be dedicated or the cash contribution in lieu of such dedication by an amount equivalent to the documented cost of the facilities provided. Amenities which are provided by the developer must meet the specifications of the City and other standards as the City may require. If this provision applies the City shall determine the value of the amenity and adjust the dedication to reflect said value. G Prior to the dedication or preservation of such land for public use, or both, the subdivider shall deliver to the City an opinion addressed to the City and in a form the City may rely upon and acceptable to the City Attorney, as to the condition of the title of such property, or in lieu of a title opinion, a title insurance policy from a title company acceptable to the City Attorney insuring the required public interest ORDPKDED.DOC in the preservation or dedication therein. H Immediately upon filing of the fmal plat or other appropriate subdivision documents, the subdivider shall file for recording all easements, deeds or other conveyances of property required as a condition to the subdivision plat approval and provide evidence of filing to the City. No building permits shall be issued to any lot or parcel in said plat until all such documents have been executed and filed. This ordinance shall become effective from and after its' passage and publication. Passed by the City Council of the City of Prior Lake this 1 st day of July, 1996. ATTEST: City Manager Mayor Published in the Prior Lake American on this day of , 1 996. Drafted By: City of Prior Lake Planning and Parks and Recreation Departments. ORDPKDED.OOC ~~.~'-"',^"""""''''''"''-''-'-''~''''---_."'''''''-~"'''''~.~''''''''>'''~.........~,.-.. ,.." ,...,.~,,,...~..,..,".__.~~".,.............-."~.~"...,.~.'''''''''_'''''~'.."---_....~,~-..---.".,,-~,~-"' REVISED PARK DEDICATION A The owners of any land being subdivided for residential, commercial, industrial or other uses or as a Planned Unit Development shall dedicate to the public or preserve for conservation purposes or for public use as parks, playgrounds, trails, or public open space a reasonable portion of the subdivided land. The city has determined the land dedication requirement to be equivalent to ten percent (10%) of the gross area of a subdivision. The amount of credit given for land to be dedicated shall be based upon the land characteristics and in accordance with the following schedule: DEDICATION SCHEDULE Land Characteristic Dedication Credit Dry upland with undisturbed topsoil and slopes not exceeding 10%. 100% :La:ncfwhich the Developer has. provided' a fuiriiinurTr of 4n ()ftopsoitgradedanddbes not . exceed 1 0% sI6pes~<: ....... 100%.. . Unstable land with poor soils and slopes not exceeding 10%. 50% Virgin woods with slopes less than 10%. 50% Vrrgin woods with slopes which are greater than 10%. 25% Dry upland with undisturbed topsoil and slopes of 10-20% 25% p~~a~l.~:: l~~ .~ith:p()ors?ils ....an~.:<.<..... ...... "'::':'.:.:' '.:" ':.":: .::.. :...:..:..: :.' 0% B Dedicated land shall be made suitable by the developer for its intended use as parks and playgrounds, trails, or public open space. The City shall determine the final condition of the land which is to be dedicated and the Developer shall be responsible for grading, topsoil, and turf establishment unless otherwise directed by the City Manager or hislher designee. The City shall provide the Developer with grading plans for the dedicated park and trails and will also provide specifications for topsoil and turfgrass. PARKDED.DOC The City further reserves the right not to accept land which in its discretion is not useable for the aforedescribed purposes, does not provide park facilities in the locations set forth in the City's Comprehensive Plan, or land which would require extensive expenditures on the part of the public to make them useable. C At the City's option, the subdivider shall contribute an equivalent amount in cash, or cash and land, in lieu of all or a portion of the land which the City may require such owner to dedicate pursuant to paragraph (A) above. The cash amount shall be based on the fair market value of the land reasonably required to be dedicated, with said value being determined no later than at the time of final plat approval. D Whenever the term "dedicate" is used in this section, it shall mean a dedication to the City of land or cash, or both, whichever the City, at its option, shall require. The dedication shall be made to and received by the City prior to the City's release of the final plat. E In instances where cash is required in lieu of land, payments as required by this Ordinance shall be made prior to the City Manager releasing the final plat to the subdivider. The cash portion of the calculation shall be made as follows: 10% of the value of the land per acre as determined by the City times the gross acreage of the plat. (Ord. 87-10) F Where the owner provides in the subdivision for the public use neighborhood park amenities such as, but not limited to, tennis courts, ball fields, play equipment, open space or other recreational facilities, the City may reduce the amount of land to be dedicated or the cash contribution in lieu of such dedication by an amount equivalent to the documented cost of the facilities provided. Amenities which are provided by the developer must meet the specifications of the City and other standards as the City may require. If this provision applies the City shall determine the value of the amenity and adjust the dedication to reflect said value. G Prior to the dedication or preservation of such land for public use, or both, the subdivider shall deliver to the City an opinion addressed to the City and in a form the City may rely upon and acceptable to the City Attorney, as to the condition of the title of such property, or in lieu of a title opinion, a title insurance policy from a title company acceptable to the City Attorney insuring the required public interest in the preservation or dedication therein. H Immediately upon filing of the final plat or other appropriate subdivision documents, the subdivider shall file for recording all easements, deeds or other conveyances of property required as a condition to the subdivision plat approval and provide evidence of filing to the City. No building permits shall be issued to any lot or parcel in said plat until all such documents have been executed and filed. 6/3/96 PARKDED.DOC -'~'''''-~'-~'~''''____--'____''''''''~'"'''''~"~'~''-'k~~'_'',,"''"'''''''''"'^'''~'-'''''__''__'__'_''''''_'_''~v_~"""~"_",~._",,,,~_,,,-,_",,,,--,,,,,,.c~,-",,,,,,,,~,,,.,_.,^",____,,_,~,,~'''','''.._~..~..,.'_~~~;_",.~"~....n~__..,,_,,~. Ii . - 6-0-8: (A) I I I (8) n ~ (C) I (D) o (E) I I ~ I (F) (G) (H) II,I'''I_'! EXISTING PARK DEDICATION: The owners of any land being subdivided for residential, commercial, industrial or other uses or as a Planned Unit Development shall dedicate to the pubiic or preserve for conservation purposes or for public use as parks, playgrounds, trails, wetlands or public open space a reasonable portion at the subdivided land. The City has determined the land dedication requirement to be equivalent to ten percent (1 O~~) at the gross area of a subdivision. The composition at land required will be determined in ac~ordance with the formula found in Section 6-6-8 (E), or as determined by the City to be In the public interest and reasonably necessary for such uses and needs as a result of aporoval at the subdivision. (Grd. 88-1) (Crd. 89-08) At the City's eption, the subdivider shall contribute an equivalent arr.ount in cash, or cash and land. in lieu ?t all or a portion of the land which the City may require such owner to dedica.te pursuant to paragraph (A) above. The cash amount shall be based on the fair market value at ~he land reasonably required to be dedicated, with said value being determined no later than at the time at final plat aporoval. Whenever the terr:1 "dedicate" is IJsed in this section, it shall mean a deaication to the City of land or cash, or both, whichever the City, at its option, shall require. The dedication shall be made prior to the City's release of the final piat for filing. In instances where cash is required in lieu at land, payments as recuired by this Ordinance shall be made prior to the City Manager reieasing the final plat to the subdivicer. (Ord. 87-10) The City may determine the location, configuration and value of the land to be dedicated. The composition at land to be dedicated will be direc~ly related to its physiograchlcal character and in ac~ordance with the following values: (Ore. 88-1) LAND C:-OARACTERISTICS Sloee Solis VALUE % Oecicancn 0- i O~~ 1 0-20~~ over 20~~ Dry upland Unstable Marshes 1 OO~~ 50~~ 25~~ Where the owner provides in the subdivision for the public usa neighborhood park amenities such as. but not limited to, tennis courts, ball fields, open space or other recreational facilities, the City may reduce the amount of land to be dedicated or the cash contJibution in lieu of such dedication by an amount equivalent to the cost at the facilities provided. Prior to the dedication or preservation at such land for public use, or both. with the Cays consent, the subdivider shall deliver to the City an opinion addressed to the City by an attorney, and in a form acceptable to the City, as to the condition at the title of such property, or in lieu of a title opinion, a title insurance policy from a title company acceptable to the City insuring the required public interest in the preservation or dedication therein. Immediately upon filing at the final plat or other appropriate subdivision documents, the subdivider shall file for recorcing all easements. deeds or other conveyances of proeerty 25 iI required as a condition to the subdivision plat approval. No building permits beyond the one underlying permit shall be issued to any lot or parcel in said plat until all such documents have been executed and filed. 25 NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE PARK DEDICATION ORDINANCE (pRIOR LAKE CITY CODE TITLE 6, CHAPTER 6, AND SECTION 8 OF THE SUBDIVISION ORDINA1~CE) TO; 1. Establish a schedule of dedication credit from 0-1000/0 of the required 100/0 park dedication based upon the characteristics of the land to be dedicated. 2. Requiring developers to grade, provide topsoil, and establish turf on dedicated lands. 3. Reserving the right of the City to accept or reject land for park purposes based on the expected cost of making such lands useable for public purposes. You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior lake Fire Station #1, located at 16776 Fish Point Road SE. (Southwest of the intersection of County Road 21 and Fish Point Road), on tvIonday, June 10, 1996, at 7:00 p.m., or as soon thereafter as possible. The purpose of the public hearing is to consider the above-described amendments. If you wish to be heard in reference to these amendments, you should attend the public hearing. Oral and written comments will be considered by the Planning Commission. If you have questions regarding this matter, contact the Planning or Parks and Recreation Department at 447-4230. Prepared this 14th day of May, 1996 by: Paul Hokeness Parks and Recreation Director City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON MAY 18 AND MAY 25, 1996. 16200 ~~~~I.J-S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 44.7-4245 AN EQCAL OPPORn.;~1T'r' E.\4PLOYER