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HomeMy WebLinkAbout1994-171 ! f"' "~ r r 1,:1. I I, I,A,.;, RESOLUTION NO. 94-171 APPROVING REVISED PARK DEDICATION POLICY BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the revised Park Dedication Policy for the City of Stillwater, attached as Exhibit A, is hereby approved. Adopted by Council this 19th day of July, 1994. ATTEST: ~~ [I ). OJ.-.-- Mod Weldon, City Clerk 1. AUTHORITY: 2. PURPOSE: CITY OF STILLWATER PARK DEDICATION POLICY POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR PARK OR RECREATION PURPOSES OR WITH RESPECT TO WHICH CASH IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OF DEDICATION. The state of Minnesota has enacted Minnesota Statutes 462.358, subdivision 2(b) which gives the authority to the Cities to require that a reasonable portion of any proposed subdivision be dedicated to the public, or preserved for public use as parks, playgrounds, trail or open space. The City of Stillwater has, by this dedication policy, chosen to exercise this authority in establishing minimum requirements for meeting this public need. The City Council recognizes that preservation of land for park, playground and public open space purposes as it relates to the use and development of land for residential, commercial /industrial purposes is essential to the maintaining of a healthful and desireable environment. The City must not only provide these necessary amenities for our citizens today, but also be insightful to the needs of the future. It is recognized by the City Council that the demand for park, playground and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any given area. Urban development mean greater numbers of people and higher demands for park, playground and public open space. To disregard this principle over -tax existing facilities and diminish the quality of the environment. The City's Park System Plan Standards has established minimum community criteria for meeting the needs of the residents of Stillwater. In order to meet the community needs for parks and open space, ten (10) acres of park shall be required for each 1,000 residents of which seven (7) acres shall be designated as neighborhood parks. This shall be the standard upon which the City shall establish its parkland and parks cash dedication. It is the policy of Stillwater that the following guidelines for the dedication of land for park, playground and public open space purposes (or cash contributions in lieu of such dedication) in the subdividing and developing of land are appropriate. 3. RESIDENTIAL PARKLAND DEDICATION The amount of land to be dedicated shall be based on the gross area of the 1 • proposed subdivision, proposed type of dwelling unit and density. Census data for 1987 of 3.2 residents for single family, 2.0 for townhouse /quad. and 1.5 for apartments has been used as density standards for formulating calculations in meeting the criteria of park needs of Stillwater residents. The formula for land dedication: The greater of 1) proposed units per acre or 2) zoned density. Dwelling Unit Density Land to be Dedicated 0 - 1.9 units per acre 7% 2.0 - 3.5 units per acre 8% 3.6 - 5.9 units per acre 9% 6 - 10 units per acre 10% 10 + units per acre Additional .5% for each unit over 10 4. GUIDELINES FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK PURPOSES A. Land proposed to be dedicated for public purposes shall meet identified needs of the City as contained in the Comprehensive Guide Plan. B. Prior to dedication, the subdivider shall deliver to the City Attorney, an abstract of title or registered property abstract evidencing good and marketable title, free and clear of any mortgages, liens, encumbrances, assessments and taxes. The conveyance documents shall be in such form acceptable to the City. C. The required dedication and /or payment of fees -in -lieu of land dedication shall be made at time of final plat approval. D. The removal of trees, topsoil, storage of construction equipment, burying of construction debris or stockpiling of surplus soil on dedicated land is strictly forbidden without the prior written review by the Park and Recreation Board and approval of the Community Development Director. E. Grading and utility plans, which may effect or impact the proposed park dedication, shall be reviewed and approved by the Community Development Director and Park and Recreation Board prior to dedication or at such time as is reasonably determined. F. To be eligible for park dedication credit, land dedication is to be located outside of drainways, flood plains or ponding areas after the site has been developed. Grades exceeding 12 percent or are unsuitable for parks development may be considered for partial dedication. 2 „AO Where ponding has been determined to have a park function, credit will be given at a rate of 50 percent of the pond and adjoining land areas below the high water level; a minimum of 70 percent of land above the high water mark shall be dedicated before pond credit is granted. Other City dedication policies relating to pond dedication must also be compiled with. In those cases where subdividers and developers of land provide significant amenities such as, but not limited to swimming pools, tennis courts, handball courts, ball fields, etc. within the development for the benefit of those residing or working therein, and where, in the judgement of the Director of Parks and Recreation, such amenities significantly reduce the demands for public recreational facilities to serve the development, the Director may recommend to the Parks and Recreation Commission that the amount of land to be dedicated for park, playground and public open space (or cash contribution in lieu of such dedication ) be reduced by an amount not to exceed 25 percent of the amount calculated under paragraph 2 above. G. The City, upon review, may determine that the developer shall create and maintain some form of on -site recreation use by the site residents such as tot lots and open play space. This requirement may be in addition to the land or cash dedication requirement. 5. CASH PAYMENT IN LIEU OF DEDICATION, RESIDENTIAL If, at the option of the City upon review and recommendation of the Park and Recreation Board, it is determined that a cash payment in lieu of land dedication shall be made, the cash shall be placed in a special fund for Parks and Recreation use and deposited by the developer with the City prior to final plat approval. The City Council, upon review and recommendation of the Park and Recreation Commission, shall annually determine by resolution the park cash dedication fee per residential unit. The fee shall be determined by the average market value of undeveloped residential property by zoning classification, served by major City utilities, divided by the number of units per acre, which shall provide the equivalency of twelve acres per thousand population. The cash dedication, effective January 1, 1988 shall be: Housing Density Cash Eq. Per Dwelling Unit 0 - 4 Units Per Acre $400 5 - 8 Units Per Acre $250 9 - 15 Units Per Acre $200 16+ Units Per Acre $150 Cash dedication shall be determined /computed at the rate in effect at the time of final plat. 3 6. INDUSTRIAL /COMMERCIAL DEDICATION REQUIREMENTS Subdividers and developers of commercial /industrial land, including commercial /industrial portions of Planned Developments, shall be required at the time the site plan is approved and building permits are issued to dedicate to the City for park, playground and public open space purposes, an amount of land up to 7.5 percent of the net land area within the development as determined by the City according to the guidelines set forth in Section 3 of this policy. 7. CASH PAYMENT IN LIEU OF DEDICATION, COMMERCIAL AND INDUSTRIAL In those cases where the City does not require park or open space within a development, the City shall require payment of fees in lieu of such land dedication in an amount equal to $.10 per square foot of net land area, or such amount as determined by the City Council based on the value of the payments. Cash shall be contributed at the time of approval of each final plat or at the time of site plan or building permit approval as determined by the City. A credit of up to 25 percent of the required dedication may be allowed by the City Council for on -site stormsewer, water, ponding and settling basins provided that such improvements benefit identifiable park and recreation water resources. The City Council, upon review and recommendation of the Parks and Recreation Commission, may annually review and determine by resolution an adjustment to the industrial /commercial fee based upon the City's estimate of the average value of undeveloped commercial /industrial land in the City. 8. REQUIRED IMPROVEMENTS Developers shall be responsible for making certain improvements to their developments for park, playground and public open space purposes as follows: A. Provide finished grading and ground cover for all park, playground, trail and public open spaces within their development as part of their development contract or site plan approval responsibilities. Landscape screening, shall be in accordance with City policy. B. Establish park boundary corners for the purpose of erecting park limit signs. The developer shall contact the appropriate Parks and Recreation Department personnel for the purpose of identifying park property corners. C. Provide sufficient public road access of no less than 300 feet for neighborhood parks and additional frontage for community parks. 4