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HomeMy WebLinkAbout2015-009 ORDINANCE NO. 2015-009 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 11, SECTION 1130, OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 11 - Subdivisions, Section 1130 - Minimum Subdivision Design Standards, Subsection 1130.08 - Public Use Dedications, shall be amended in its entirety to read as follows: Section 1130.08 Public Use Dedications Subd. 1 Public Use Dedications Required. A. Pursuant to Minn. Stat. Section 462.358, Subd. 2b, except as otherwise provided in this section,the City requires all owners or developers, as a prerequisite to approval of a subdivision to convey to the City or dedicate to the public use a reasonable portion of any such proposal 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, parks, recreational facilities,playgrounds,trails, wetlands, or open space, in such portions to be approved and acceptable to the City. B. As a condition of any conditional use permit or planned unit development under City Code Section 1355.06, the City may require as a term and condition of approval,the dedication of land or payment in lieu of dedication and park improvement fees if the project is determined to result in an increased demand for park land or park improvements. In establishing the amount required the City will take into consideration land and facilities provided by the developer and previous payments or dedications. Subd. 2 Suitability of dedicated land. As determined by the City, land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology,tree cover, access, and location. Subd. 3 Park, trails, and open space land dedication and development. This subsection is adopted for the purpose of providing for the recreation, health, and well-being of the public through the orderly development of an interconnected system of parks, trails, and open spaces. The City finds that the dedication and improvement requirements as defined in this subsection are necessary to meet the minimum needs for parks, trails, wetlands, and open spaces resulting from development subject to Section 1130.08. At its discretion,the City may require subdividers or developers to satisfy the land dedication requirement or the park development fee 1 184087 requirement, or both. In evaluating the land dedication and park development requirements for a specific application, the City may consider whether in conjunction with a previous subdivision an adequate area of land was conveyed or dedicated to the City to meet the minimum needs for parks, trails, wetlands, and open spaces resulting from the subject development proposal. A. Residential dedication. 1. In residential subdivisions where a land dedication is required, the following formula shall be used to determine the parkland dedication: Percentage Park Category Units Per Acre Dedication/Acres of Development Low Density Up to 2.5 10 percent Residential Medium Density More than 2.5 to 8.0 15 percent Residential High Density More than 8.0 20 percent Residential 2. A cash contribution in lieu of land dedication may be required at the discretion of the City. The cash payment shall be determined based on the fair market of the land that would otherwise be dedicated to the City. B. Commercial and industrial dedication. 1. In commercial or industrial subdivisions where a land dedication is required, the following formula shall be used to determine the parkland dedication: five (5)percent of the gross area of the subdivision. 2. A cash contribution in lieu of land dedication may be required at the discretion of the City. The cash contribution fee shall be five (5)percent of the fair market value of the unimproved land. C. Park development. In addition to the land dedication requirements as defined in this subsection,the City may require a park development fee for subdivisions subject to Section 1130.08 for the purpose of making certain improvements needed to develop parks, playgrounds,trails, and open spaces, including but not limited to finished grading, ground cover, landscaping, recreational facilities and equipment, paving, and utilities. The City may consider a proportionate reduction in the required park development fee in cases where the subdivider or developer commits to making certain required park, trail, or open space improvements within the subdivision area as agreed upon in the development agreement. 1. Residential park development fee. In residential subdivisions where a park development fee is required,the City shall apply the fee on a per unit basis. The park development fee shall be established by ordinance on a regular basis. 2 184087 2. Commercial and industrial park development fee. In commercial or industrial subdivisions where a park development fee is required,the fee shall be five (5) percent of the fair market value of the unimproved land. D. Trail connections. In cases where a subdivision borders a trail identified in the City's comprehensive plan, the subdivider or developer shall be responsible for constructing trail improvements that provide connections from the subdivision area to this trail. The location and specifications of the trail connections shall be determined by the City Engineer and Community Development Director. E. Contribution combination. The City may, at its discretion, require the subdivider or developer to make a combination of cash and land dedication for parkland. Where a combination of land and cash dedication is made, the land dedicated will be deducted from the total park dedication land requirement, and the balance of required dedication acreage will be converted into a cash contribution in lieu of land dedication pursuant to the fair market value of the property in the subdivision. F. Miscellaneous requirements. The following requirements apply to all dedications or conveyances for park,playground, trails, or public open space purposes: 1. City staff recommendation. In each case City staff shall recommend to the City Council the total area and location of such land that should be conveyed or dedicated within the development for park, trails, or open space purposes, or whether a cash contribution in lieu of land dedication should be required. Such recommendation may take into consideration items such as the zoning classification of the land to be developed, the particular use proposed for such land, amenities to be provided and factors of density and site development as proposed by the developer. 2. Acquisition of sites proposed on official map or comprehensive plan. Where a proposed park,playground, trail, open space or other recreational area that has been indicated on the official map or comprehensive plan is located in whole or in part within a proposed subdivision, such proposed site shall be designated as such on the plat and be dedicated to the City. If the subdivider chooses not to dedicate an area in excess of the land required hereunder for such proposed public site, the City may consider acquiring the site through purchase or condemnation. 3. Calculating density. Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Code and shall be in addition to and not in lieu of private open space requirements prescribed in the Zoning Code. 4. Park dedication and development fund. Cash contributions shall be deposited in a designated park dedication and development fund and shall only be used for the acquisition and development or improvement of parks, recreational facilities, playgrounds,trails, wetlands, or open space. 3 184087 5. Fair Market Value. Fair market value shall be determined as of the time of filing the Final Plat in accordance with the following: (i) The City and developer may agree as to the fair market value; or (ii) The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider's expense. The appraisal shall be made by an appraiser who is an approved member of the SREA or MAI, or equivalent real estate appraisal societies. (iii) If the City disputes such appraisal, the City may, at the subdivider's expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. 6. Property being subdivided without an increase in the number of lots shall be exempt from park dedication requirements if similar requirements were satisfied in conjunction with an earlier subdivision. If the number of lots is increased, then the dedication shall be based on the additional lots created. 7. Any land required to be dedicated for park, trails, or open space purposes as defined in this section shall be conveyed to the City prior to the City's release of the Final Plat for filing. 8. Cash contributions for land dedication or park improvements are to be calculated at the time of the Final Plat approval. The City may require the payment at the time of the Final Plat approval or at a later time under terms agreed upon in the development agreement. Delayed payment shall include interest at a rate set by the City. SECTION 2. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 14th day of December, 2015, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By iadiJ:� David Grant, Mayor ATST: 7 tA � Amy Dietl, Ci Clerk L�` Published on December 23, 2015. 4 184087 Affidavit ®f Publication State of Minnesota ) SS County of Ramsey1} E. KITTY SUNDBERG being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SHOREVIEW BULLETIN and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed SUMMARY OF ORDINANCE NO. 2015-009 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY, the 23RD day of DECEMBER , 20 15 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ ABCDEFGH IJ KLMNOPQRSTUVW XYZ *abcdefghijklmnopgrstuvwxyz BY: Subscribed and sworn to before me on TITLE LEGAL C RDINATORy this 23RD day of DECEMBER 2 15 Notary Public Alphabet should be in the same size and kind of type as the notice. TONYA R. WHITEHEAD Notary Public-Minnesota RATE INFORMATION My CommisWan Expires.lttn 31,2020 +,r (1) Lowest classified rate paid by commercial users for comparable space............................................................$25.00 per col. inch (2) Maximum rate allowed by law for the above matter...........................................$25.00 per col. inch (3) Rate actually charged for the above matter.......................................................$ per col. inch 1/15 CITY OF ARDEN HILLS RAMSEY COUNTY MINNESOTA SUMMARY OF ORDINANCE NO.2015-009 On the 14th day of December, 2015, the Arden Hills City Council adopted Ordinance No. 2015-009, and by at least four/ fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2015-009 be published. Ordinance 2015-009 is entitled "An Ordinance Amending Chapter 11, Section 1130 of the Arden Hills City Code." The primary purpose of the additions, amendments, and deletions is to update the City's requirements for park dedication and development included in Subsection 1130.08 —Public Use Dedications of the Subdivision Code. A full copy of Ordinance 2015-009 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96,Arden Hills, Minnesota 55112.The Ordinance is also available online at huailwww. ciafardenhills ora. (Bulletin:Dec.23,2015)