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Home My WebLink About10B - Parkland Ded Ordinance MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JUNE 2, 2003 lOB JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF AN ORDINANCE APPROVING AN AMENDMENT TO THE SUBDIVISION ORDINANCE PERTAINING TO PARKLAND DEDICATION REQUIREMENTS (Case File #03-37) History: The purpose of this public hearing is to consider an amendment to the Subdivision Ordinance pertaining to parkland dedication requirements. This amendment was initiated by the City Council on April 7, 2003. Minnesota Statutes authorize the City to require land dedication, or cash in lieu of land, as part of a development in order to develop the City's park system. Section 1004.1000 of the Subdivision Ordinance currently identifies parkland dedication requirements as follows: 1004.1000 Parkland Dedication Requirements. The owners of any land being subdivided for residential, commercial, industrial or other uses or as a Planned Unit Development shall dedicate a reasonable portion of the subdivided land to the public for public use as parks, playgrounds, trails or public open space. The City has determined the land dedication requirement to be equivalent to ten percent (J 0%) 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 Wooded areas or dry upland with undisturbed topsoil and 100% slopes not exceeding 10% Land on which the Developer has provided a minimum of 100% 4" of topsoil, graded to meet public use needs and does not exceed I 0% slopes Wetlands, N.U.R.P. ponds, water retention areas and 0% other lands, which are not usable for public recreation purposes. 1:\03 files\03 ordin amend\03 subdivision\parkland dedication\cc report.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (952) 447-4230 I Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER In January, 2001, the City conducted a study to determine the appropriate park and trail dedication fees. In that year, the City established a dedication fee of$I,685.00 per unit for residential development and $3,550.00 per acre for commercial development. This fee was based on land values and the cost to acquire and develop new parks. Due to the dramatic change in Prior Lake in the last 2 years, the City hired a consultant, Ingraham and Associates to update the park study to assure that it is appropriate and the fees are adequate to fund the improvements for which it is collected. The consulted made the following recommendations: 1. Revise the park and trail dedication fee from $1,685.00 to $2,670.00 per new residential unit and from $3,550.00 to $5,000.00 per acre of new commerciaVindustrial development. 2. Revise parkland dedication to be based upon net developable land area instead of gross area. 3. Establish an amount to fund existing projects and projects designed to meet current needs through the existing Park Fund balance and the General Fund. 4. Evaluate and adjust park and trail dedication fees every two years. A copy of the report is attached for your information. On April 7, 2003, the City Council adopted the report and implemented the new fees. At the time, the Council also directed staff to amend the Subdivision Ordinance to reflect the change recommended by the Park study. Current Circumstances: The staff suggests the Subdivision Ordinance be amended to define net area as follows: Net area is defined as the gross area of land within the proposed subdivision less any storm water, ponding or wetland easements conveyed to the City. Street right-of-way is inclusive. Any road right-of-way necessary for County or State highways or excess collector street right-of-way shall be excluded for the purpose of parkland calculation. The attached ordinance includes the specific language for this amendment. The Planning Commission discussed this amendment at a public hearing on May 12, 2003. The Planning Commission agreed with the ordinance amendment as proposed and recommended approval by unanimous vote. A copy of the minutes of the May 12,2003 Planning Commission meeting is attached to this report. 1:\03 files\03 ordin amend\03 subdivision\parkland dedication\cc report. doc Page 2 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: The Issues: The use of net area in this calculation is consistent with the way in which other development fees are calculated. The higher parkland dedication fee was also based on the use of net area. Conclusion: Both the Planning Commission and the staff recommend approval of this amendment. The City Council has three alternatives: 1. Adopt an Ordinance approving the proposed amendment as recommended. 2. Deny the proposed Ordinance. 3. Defer this item and provide staffwith specific direction. The staff recommends Alternative #1. A motion and second to adopt Ordinance 03-XX appr ying the amendment as recommended by the PI . ng Comm' io d staff is required. 1:\03 files\03 ordin amend\03 subdivision\parkland dedication\cc report. doc Page 3 CITY OF PRIOR LAKE ORDINANCE NO. 03- XX AN ORDINANCE AMENDING SECTION l004.l000 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1004.1000 of the Prior Lake City Code is hereby amended as follows: Parkland Dedication Requirements. The owners of any land being subdivided for residential, commercial, industrial or other uses or as a Planned Unit Development shall dedicate a reasonable portion of the subdivided land to the public for public use as parks, playgrounds, trails or public open space. The City has determined the land dedication requirement to be equivalent to ten percent (10%) of the gt=eS8 net area of a subdivision. Net area is defined as the gross area of land within the proposed subdivision less any stormwater, ponding or wetland easements conveyed to the City. Street right-of-way is inclusive. Any road right-of-way necessary for County or State highways or excess collector street right-of-way shall be excluded for the purpose of parkland calculation. 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 Wooded areas or dry upland with undisturbed 100% topsoil and slopes not exceeding 10% Land on which the Developer has provided a 100% minimum of 4" of topsoil, graded to meet public use needs and does not exceed 10% slopes Wetlands, N.U.R.P. ponds, water retention 0% areas and other lands, which are not usable for public recreation purposes. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 2nd day of June, 2003. 1:\03 files\03 ordin arnend\03 subdivision\parkland dedication\ord03-xx.doc PAGE I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (952) 447-4230 I Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ATTEST: City Manager Mayor Published in the Prior Lake American on the 7tlt day of June, 2003. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\03 files\03 ordin amend\03 subdivision\parkland dedication\ord03-xx.doc PAGE 2 Planning Commission Meeting May 12, 2003 this site to R-HD (High Density Residential) on April 28, 2003. The City Council will consider e Comprehensive Plan amendment on May 19, 2003. The Wilds 0 . inal PUD plan identified this area for commercial uses, specifically a hotel. This sit was also the location of the original sales build' g, which has since been removed, for th evelopment. At this time, the applicant is anning to develop these 8 acres in conjuncti with the property to the north in The Ids North, already planned for High Density R idential uses. Staff recommended ap oval of the Amendment to Rezoning from PUD to -4 as requested. Atwood, Ringstad & Crie : . Agreed with staff. · Support the Am .dment, it falls in lin There were no comments fr Lemke: . Agreed with staff - the prop density as well. . It is appropriate, will su across the road on County Road 83 is high MOTION BY LE THE AMEND IDENTIFIED , SECOND BY ATWOO TO RECOMMEND APPROVAL OF T TO THE WILDS PUD PL TO REMOVE THE 8 ACRES 'OUTLOTS I AND J, THE WILD Vote taken i icated ayes by all. MOTION CARRIED. Y LEMKE, SECOND BY ATWOOD TO RE DS PUD PLAN AND THE REZONING FROM Vot taken indicated ayes by all. MOTION CARRIED. is item will go before the City Council on June 2, 2003. * B. Case #03-037 Consider and Amendment to Section l004.l000 of the Subdivision Ordinance requirements pertaining to parkland dedication. Planning Coordinator Jane Kansier presented the Planning Report on file in the office of the City Planning Department. L:\03 Files\03 Planning Comrn\03pcMinutes\MN05I 203.doc 2 Planning Commission Meeting May 12, 2003 The purpose ofthis public hearing is to consider an amendment to the Subdivision Ordinance pertaining to parkland dedication requirements. This amendment was initiated by the City Council on April 7, 2003. In January, 2001, the City conducted a study to determine the appropriate park and trail dedication fees. In that year, the City established a dedication fee of$I,685.00 per unit for residential development and $3,550.00 per acre for commercial development. This fee was based on land values and the cost to acquire and develop new parks. Due to the dramatic change in Prior Lake in the last 2 years, the City hired a consultant, Ingraham and Associates to update the park study to assure that it is appropriate and the fees are adequate to fund the improvements for which it is collected. The use of net area in this calculation is consistent with the way in which other development fees are calculated. The higher parkland dedication fee was also based on the use of net area. The staff recommended approval of this request. Ringstad questioned if this applies to just commercial property. Kansier explained that it applies to all development. Atwood asked for an explanation of the amount versus reducing the area. Kansier responded it is a more equitable way to factor the fees. It will allow the City to build a fund not only to approve parks but to have a fund to purchase parkland. Lemke questioned the net increase to the City - Kansier said it would be a net increase in dollar amount of land but it does decrease the amount of parkland from any single subdivision. Staff is going to be very picky on what they accept for dedication purposes. Lemke questioned if this is similar to other cities parkland dedication. Kansier responded the 10 percent is generally accepted number. The developers are aware of this method of calculation. It is a proof positive method. Everyone can understand how it is done. There were no comments from the public. MOTION BY RINGSTAD, SECOND BY ATWOOD, RECOMMENDING APPROVAL OF ORDINANCE NO. 03-XX AMENDING SECTION 1004.1000 OF THE PRIOR LAKE CITY CODE AS RECOMMENDED BY STAFF. Vote taken indicated ayes by all. MOTION CARRIED. This will go before the City Council on June 2,2003. 6. Old Business: Kansier gave an update on the bluff impact zone issue before the City Council on May 5, with a slight language change. The language clarified the intent of the ordinance stating L:\03 Files\03 Planning Comm\03pcMinutes\MN051203.doc 3