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Home My WebLink About281 .' .~ - STATE OF MINNESOTA COUNTY OF RAMSEY . CITY OF ARDEN HILLS ORDINANCE NO. 281 AN ORDINANCE RELATING TO PUBLIC USE DEDICATIONS The Arden Hills City Council hereby ordains that Sections 22-9, 22-9(al, 22-9(bl, and 22-9(b)(l) through and including 22-9(b)(6) of the Arden Hills Municipal Code, are hereby amended to read as follows: Section 22-9. Public Use Dedications. (a) Streets, Utilities and Storm Water. The developer of a parcel of land shall dedicate to the public all streets, sewers, electric, gas, and water facilities; storm water drainage and holding ponds; and similar utilities and improvements, as reasonably required by the City Council, in order to integrate the proposed development with the City's current and anticipated utility systems. The area to be dedicated for public use shall be delineated on the proposed plat or otherwise conveyed by easement to the . City prior to the issuance of any development permits. (b) Recreation and Conservation. Based upon a review of its Comprehensive Plan and utility systems, the City Council has determined that all development of property wi thin the City will place a greater demand on the City's need to acquire land for parks, playgrounds, trails, wetlands or open space if the City's physical environment is to be preserved and enhanced. Therefore, in addition to the dedications required by Section 22-9(a), the developer of a parcel of land shall dedicate to the public for use as parks, playgrounds, trails, wetlands or open space, a reasonable percentage of the tract to be developed. In determining the percentage of dedication, the City Council shall take into consideration the amount of open space, park, recreational or commons areas and facilities which the developer has designed into the proposed development for use by occupants of the development. The City Council shall be guided by the following criteria in establishing a particular percentage dedication requirement: . . , (1) Residential Projects. . Gross Density in Percentage Dwelling Units per Acre Dedication o to 2 6% Over 2 to 3 7% Over 3 to 4 8% In excess of 4 10% (2) Non-Residential Projects or Combination Residential and Commercial Projects. The percentage of dedica- tion for non-residential projects or combination residential/commercial projects shall not exceed 10%. (3) Delineation of Area to be Dedicated. The area to be dedicated for recreation and conservation uses shall be delineated on the proposed plat or otherwise conveyed by easement to the City prior to the issuance of any development permits. (4) Cash in Lieu of Dedication. In lieu of the dedi- cation of land for recreational and conservation . purposes, the City Council may require the developer to pay to the City, as an equivalent contribution, an amount in cash equal to the percentage of the land required to be dedicated, multiplied by the fair market value of the property at the time of final approval of the development application. The fair market value of the property shall be determined by reference to current appraisal data or sales information. When appraisal data is utilized, the developer shall reimburse the City for the cost of the appraisal prior to the issuance of any development permits. (5) Installment Payment. The City Council, at its option, may permit the developer to submit 2/3rds of the cash equivalency payment over a period of time pursuant to an Installment Payment Agreement approved by the City's attorney. The Agreement shall require the payment of interest on the unpaid principal; shall require final payment within eighteen (18) months; and shall require security for the unpaid principal portion thereof. The City may withhold development or building permits for any portion of the project if the developer does not comply with the terms of the Installment Payment Agreement. . 2 , - .'.. . (6 ) Restriction of Use of Cash Contributions. All cash . contributions received by the City pursuant to this provision shall be placed in a special fund and used only for the acquisition of land for parks, playgrounds, trails, wetlands or open space; for development of existing parks, playgrounds, trails, wetlands or open space areas; or for debt retirement in connection with land previously acquired for such purposes. The Arden Hills City Council hereby ordains that Sections 22-5(d)(7) and 22-9(b)(7) of the Arden Hills Municipal Code are hereby repealed. Effective Date. This ordinance shall be effective the day following its publication. Adoption Date. Passed by the of the City of Arden Hills the 13th of MAY . ATTEST: ~1Z B~ Gary R. Berge , Administrator Publication Date. Published on the 22ND of MAY , 1991- L\JF4\AHORD91.001 February 27, 1991 . ~ Afftdttuit uf Publirtt#tnn ~ '*tttte nf Minnesnttt ~s. (Lnuntg nf EttmaEu N_ mhQ dor T i 1 1 i P , 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 NeW Brighton 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 Ordinance No. 281 which is attached was cut from the columns of said newspaper, and was printed and published once each week, far 1 successive weeks; it was first published onWeanesday the 2 2riC1 day of MaY 119 91 , and was thereafter printed and published on every to and including , the day of , 19 ; 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 , BY: TITLE: Subscritied and sworn to before me on this 22rid day May , 19 91. Notary Public *Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . . . $12.00 per col. inch (2) Maximum rate allowed by law for the above matter . . . . . . . . . . . . . . . . . . $8.93 per col. inch • (3) Rate actually charged for the above matter . . . . . . . . . . . . . . . . . . . . . $ per col. inch 1 /91 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 281 AN ORDINAFICE RELATING TO PUBUC USE DEDICATIONS The Ardsn Nllls CNy Councq hereby adelns that ~ Sectlons 22-9, 22-9(a), 22-8(b), and 22-9(b)(1l through and Ineludlhg 22-9(b)(6) of tha Arden Hllls Nlunfcipal Code, a?e hsrebY amended to reed as tollows: Section 22-9. PubNC U8e Dedleatlons. (a) Streets, Utllkles end Sto?m Water. The developer of e parcel of land shall dediCete to Ihe public ell streets, sew9rs, electric, gas, arW water faCilities; storm water drainaga and holding ponds; and similar utilities antl improvemerns, as reasonably required Gy tbe City Council, in order to integrate the proposed development with the Ciry's current and anticipated utiliry systems. The area to be dedicated lor public use shall be delineated on the proposed plat or othervvise conveyed by easement ]o the Ciry prior to the issuance of any development permits. (b) Recreatlon and Conservetlon. Based upon a review of its Comprehensive Plan and utilNy systems, the Gity Council has determined that all development of proparty within the City will place a greater demand on the City's need to acquire land tor parks, playgiourxfs, trails, wetlands or open space if the Ci- ty's physical environment is to be preserved and enhanced. 7herefore, in addition to the dedications re- quired by Section 22-9(a), the developer of a parcel of lend shall dedicate to the public for use as parks, , playgrounds, trails, wetlands or open space, a reasoneble percentage of the tract to be developed. In determining the percentage of detlicaiion, ihe City Council shall take into consitferation the amount of open spac9, park, recreatlonal or commons areas and faCilities which the developer has designed into the pro- pased development for use by occupants of the development. The Ciry Council she0 be guided by ihe following criteria in establishing a particular percentage dedication requirement: (t) ResldeMlal Projects. Gross Density In Pereentage Dwelling Untts per Acre Dedication Oto2 6% Over 2 to 3 7°h - Over 3 t0 4 8% . In excess of 4 - 10% . . (2) Non-Resitlentlal Projects w CombinaNOn pesidentlal and Commerclal Prolects. The percen- tage of dedication for non-residentiai projects or com- pination residential/commercial proJeds shall not ex- ~ ceed 10°rb. - (3)Dellneatfon o1 Area to be Detllcated. The area - to be dedicated for recreation and sonservation uses shall be delineeted on the proposed plat or otherwise conveyed by easement tn the Cily Prior to the issuence of any development permits. (4)Cash in Lisu ol Dedlcation. In lieu of the tledica- tion of land for recreational and conservation purposes; the City Council may require the developer t0 pay to the City, as an equivalent contribulion, an amount in cash equal to the percentage of ihe land required to - be dedicated, muttiQlied by the fak market value. of the property at the time of final approval of the develop- ment application. The fair market value of the proper- ty shall be determined by reference to current appraisal data or sales information. When appraisal data is utiliz- ed, the developer shall reimburseYhe Ciry for the cost of the appraisal prior to the issuanCe of any tlevelop- ment permits. (5)lnstallment Peyment. The Ciry Council, at ds op- tion, may permit the developer to submit 2l3rds of ihe cash equivalency payment over a periotl of time pur- suant ro an Installment Payment Agreement approved by the City's attorney. The Agreement shall require the payment of interest on ihe unpaid prtncipal; shall re- ~ quire final payment within eighteen (18) months; and shali require security for the unpaid principal partion thereof, The City may withhold developmeM or building permits tor any portion of the project it the developer does not comply with the terms of the Installment Pay- ment Agreement. (6) Restdction of Use of Cash Contributions. All cash contribuiions received by the City pursuant to this provisian shall be placed in a special fund and used only tor the acquisition of land for parks, playgrounds, trails, wetlands or open space; for development of ex- isting parks, playgrounds, trails, wetlands or open space areas; or tOr debt retirement in connection with land previously acquired for such purposes. The Arden Hills City Couneil hereby ordains that SecGona 22-5(d)(7) and 22-9(b)(7) of the Arden Hills ' Municipal Code are hereby repealed. Effective Date. This ordinance shall he etFective the day following its publication. Adoption Date. Passed by the City Council of the Ciry o( Arden Hills-the, 13th of May, 7991. /s! Thomas Sather AAsya A7TEST: /s/ Oary R. Berger Administrator (Bulletiw May 22, 1991)