HomeMy WebLinkAbout0963 Ord (Park and Trail)
CITY OF STILLWATER
ORDINANCE NO. 963
AN ORDINANCE TO ESTABLISH PARK AND TRAIL
DEDICATION REQUIREMENTS
The City Council of City of Stillwater does ordain:
1. AUTHORITY:
The state of Minnesota has enacted Minnesota Statutes 462.358, subdivision 2(b) which
gives 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, trails or open space.
The City of Stillwater has, by this ordinance, chosen to exercise this authority in establishing
minimum requirements for meeting this public need.
2. PURPOSE:
The City Council recognizes that preservation of land for park, playground, trails, and
public open space purposes as it relates to the use and development of land is essential to
maintaining a healthful, safe and desirable environment. The City must not only provide these
necessary facilities for citizens of today, but also for the future needs of the City as described in
the Comprehensive Plan.
It is recognized by the City Council that the demand for park, playground, trails and
public open space within a municipality is directly related to the density and intensity of
development permitted and allowed within any area. Urban development means greater numbers
of people and higher demands for park, playground, trails and public open space.
The basis for calculating the amount of land needed to be dedicated or preserved for the
purposes set forth in this Ordnance; the essential connection between the dedication required by
this Ordinance and the purpose sought to be achieved; and the basis for calculating the
"
proportional share of each development based on the burden to the City created by the increase
in population that will be generated by each development is as set forth in this Ordinance. In
further explanation of the basis described in this paragraph, this Ordinance adopts by reference
pages 8-1 through 8-6 of the Comprehensive Plan of the City, and the maps and drawings
associated with those pages as if fully set forth in this Ordinance verbatim.
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 dedication) in
the subdividing and developing of land are appropriate.
3. RESIDENTIAL PARK LAND DEDICATION:
Residential Park land as envisioned by this Ordinance is that land suitable for active park
use, such as playgrounds and ball fields, or suitable for active play areas for small children. It is
imperative, therefore, that the land be reasonably flat and in one contiguous parcel rather than
small scattered parcels.
The amount of land to be dedicated is based on the proposed residential density using the
net developable land area.
The formula for land dedication:
The greater of 1) proposed units per acre or 2) zoned density.
Dwelling Unit Density
0-1.9 units per acre
2.0 -3.5 units per acre
3.6 -5.9 units per acre
6-10 units per acre
10+ units per acre
Land to be Dedicated
10%
11%
12%
13%
Additional .5% for each unit over 10
Commercial
7.5% of net developable land area
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4. RESIDENTIAL TRAIL REQUIREMENTS:
In addition to the requirements of Section 3, the subdivider must dedicate and improve
trails and trailways that are depicted for the property on the City's most current Comprehensive
Trail Plan, or if not depicted on the Comprehensive Trail Plan, have the potential for connection
to the Comprehensive Trail System. If trail dedication and construction is not feasible in the
opinion of the City, the subdivider may pay a fee of $500.00 per unit in lieu of dedication and
construction.
The basis for requiring the dedication and improvement of trails III addition to the
dedication of land for active parks is threefold.
First, trails are normally 8 feet in width and therefore more than one mile of trial would
need to be dedicated to equal one arce of land. Further, trials are often dedicated and constructed
within set back or yard space; or within natural areas or conservation easements; or land that is
otherwise unbuildable, because of various restrictions.
Second, trails are increasingly important as a means of transportation that is an alternative
to the automobile. In this way, a trail is merely a street for pedestrians, and just as it is
permissible to require a developer to dedicate and construct streets for automobiles, it is
reasonable that a developer be required to dedicate and construct streets for people
transportation, on foot or bicycle.
Third, the trails within any development allow connection to the City net trail system. In
this way, the residents of any new development increase the burden on the remainder of the City
trail system. It is only reasonable therefore that any development provide trail access for the
remainder of the City, since the remainder of the City will be burdened by the development.
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5. GUIDELINES FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK
PURPOSES:
A. Land proposed to be dedicated for public purposes must meet the needs of the
City as described in the Stillwater Comprehensive Plan.
B. Prior to dedication, the subdivider must 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 must be in a form acceptable to the City Attorney.
C. The required dedication or payment of fees-in-lieu of land dedication must be
made before 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 Parks and Recreation
Commission and approval of the Community Development Director.
E. Grading and utility plans, which may effect or impact the proposed park
dedication, must be reviewed and approved by the Community Development
Director and Parks and Recreation Commission prior to dedication.
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 that are unsuitable for park development may be
considered for partial dedication.
G. Where subdividers and developers of land provide significant amenities such as,
but not limited to swimming pools, tennis courts, or ball fields, within the
development for the benefit of those residing or working therein, and where, in
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the judgment of the Parks and Recreation Commission, the amenities significantly
reduce the demands for public recreational facilities to serve the development, the
Community Development 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 dedication) be reduced by an
amount not to exceed 50 percent of the amount calculated under paragraph 2
above.
H. The City, upon reVIew, may determine that the developer must create and
maintain some form of private 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.
6. CASH PAYMENT IN LIEU OF DEDICATION, RESIDENTIAL:
If, at the option of the City upon review and recommendation of the Parks and Recreation
Commission, 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 in lieu park fee shall be based on the following guidelines:
Single Family Residential!
Commercial Condominium Lot
$2,000 per unit
Duplexes
$1,500 per unit
Townhomes
$1,500 per unit
Multifamily
$1,500 per unit
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. I I...
7. COMBINATION LAND AND CASH DEDICATION:
The City may require the subdivider or developer to make a combination cash and land
dedication pursuant to the following formula:
A. The amount ofland which could be required in accordance with Section 3 shall be
calculated.
B. From the total calculated in subparagraph (A) above, the actual amount of land
the city determines to be needed to fulfill the purposes of this Subd. 6 shall be
subtracted.
C. The balance arrived at in subparagraph (B) above, shall be converted into a cash
contribution in lieu of land dedication pursuant to a standard formula established
by the city, which formula takes into consideration such things as, but not
necessarily limited to, the fair market value of the property in the plat, subdivision
or development and the percentage of the total park dedication obligation
represented by the said balance.
8. 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, 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 ofthis policy.
9. CASH PAYMENT IN LIEU OF DEDICATION. COMMERCIAL AND
INDUSTRIAL:
In those cases where the City does not require park or open space dedication within a
development, the City shall require payment of fees in lieu of land dedication in an amount equal
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to the net land area required in Section 3 above. 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.
The City Council, upon reVIew and recommendation of the Parks and Recreation
Commission, may review and determine by resolution an adjustment to the fee based upon the
City's estimate of the average value of undeveloped commercial or industrial land in the City.
10. REQUIRED PLAN AND IMPROVEMENTS TO PARKS:
The developer or subdivider is responsible for preparing a concept park plan or trail plan
based on the Parks, Open Space and Trails Plan as identified in the Comprehensive Plan as
approved by the Parks Commission, and for making certain improvements to their developments
for parks, playgrounds and public open space purposes as follows:
A. Provide finished grading, appropriate ground cover or sodding for playground,
paved trails and perimeter landscaping.
B. Establish park boundary comers 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 improved public road access of no less than 300 feet for
neighborhood parks and additional frontage for community parks.
11. SAVING. In all other ways, the City Code will remain in full force and effect.
12. EFFECTIVE DATE. This ordinance will be in effect from and after its passage and
publication according to law.
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"'. f..
Adopted by the City Council ofthe City of Stillwater this 18th day of October, 2005.
~~
ATTEST:
~ V uJC0c(
Diane F. Ward, City Clerk
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AFFIDAVIT OF PUBLICATION
Stillwater Gazette
10/21/05
1931 Cutve Crest Blvd.
Stillwater, MN 55082
(651) 439-3130 Fax: (651) 439-4713
State of Minnesota}
, ss.
County of Washington}
The undersigned, being duly sworn, on oath, says that sIbe is the Publisher or authorized agent and
employee of the Publisher known as the Stillwater Gazette, and bas full knowledge of the facts which
are stated. (A) The newspaper bas complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota State Statute 331A02, 33lA07 and other applicable
laws as amended. Printed below is a copy of the lowercase Alphabet, from A to Z, both inclusive, which
is hereby acknowledged as being the size and kind type used in composition and publication of the of
notice.
~~em
Subscribed and sworn to or affinned to me
ooit~~
~
, 2005.
City of Stillwater
2164th St N,
Stillwater, MN 55082
Invoice #; 00004823
Terms: Net 30
Inches
52 1 Day
Description
Ordinance no. 963 an
ordinance to establish
PARK AND TRAIL
DEDICATION requirements
Price
$7.90
Total
$410.80
$410.80
Sub Total
Payment
$410.80
$0.00
faximum rate pee co\unm inch UDder
finnesota Law: $16.90 pee 12-pica column
Balance Due
$410.80
JOHN LUTHER ~UNO
Notary public
Minnesota
, . ~niresJanuary31,2010
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cpubllcopeh' ~ ~ as it relates to the use 8I'\d ~ oIlImliiS'.lIIIilirit,,>;tlpIll8ntfor the benefit 01 those residing Ql' working therein, and where; In the ~
tfaf to m&liit8rmng' all88ltnfuf;)are'8i\d dtiSlt'abl& envi~11Ie City must J\Ot'~"p the Parks aI'ld Recreation Cornrnission. the arnElnltie$ sign\l1centIy,~,.
proIIIde these necessary facilItieS lor citIZens of today. but ~iso lor th8 future lleellJfof:~~,;~, rnands fo( public recreational faciHtIes to $IlNe the ~.., "',' ,.',.m\l.,. .,,',
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the City as described In the Comprehensive Plan.. ":Development Director may recornrnend to the Parks and ReoI8atioft ~, '
,the amount oIlal'ld to be dedicated for park, playgroul'ldand public QPIm ~ <9!'~
contrlbutIon In lieu 01 dedication) be reduced by an amount not to exceed $0 ~of
the amount caJculated "nder paragraph 2 above.
, ti. The City, upon review. may deterrnlne that the developer rnustcreate_
,maintain some Ionn of private on-site \'8creation use by th8 site residents Qh8ll:l:
and open play space. This requlrernent may be In addition to the land 01 ~" , ,
tion relIuirernent. ' .
6. CASH PAYMENT IN L1~U OF DEDICATION, RESIDENTIAL:
If, at the option of the City upon review and recormnendation (If th8 Parks_
Recreation Commission, It is deterrnlfled that a cash paymeniln lieu 01 land ~
shall be made, the cash shan be pladed In a special fund for Parks aI'ld ReontatIonuee
and cIepoaifed by the developer with ~ City prior to final plat approval.
it Isre<:ognlzedby ttieCIty Councll that the demand fOr park, playgroul'ld, trail$ and pub-
lic ~n space within a municipality Is directly related to the density and intensity 01
d&veIoprnent permitted and allowed within any area. Urban development rneansgreater ';
/lUfI'Ibers 01 people and higher demands for, park; playground,trails and public open
space.
The besis for calculating the amount of land needed to be dedicated or preserved for the
purposes set forth In' this Ordnance; the essential COnl'lectton between the dedicetion
required by this Ordinance and the purpose sought to be achieved; and the basis for, cal-
culating the proportional share of each development base(! on the burden to the CIty
created by the Increase In population that win ,be ,generated bY each developrnentls .. "
set forth ,In this OrdinanCe. In further explanation (If tI1e bitsls desc:rIbed In this pn-', .,
graph. this Ordinance adopts by reference pages ~1 through 8-6 01 ,,~'The In lieu park fee shall be based on the followlngguldellnes:
Comprehensive Plan 01 the City, and the rnaps al'ld drawings associated wIth~;~ '
pages u if fUlly set ,forth In this Ordinance verbatim. , ,,}(:t.~ Family ResldentlaV
, .'. ,,,:~,, ,Commercial Condominium Lot $2,000 per unit
It Is the policy of Stillwater that the folloWing guidelines for the dedlcatlon of lal'ld lor palk;', ,~'
playground al'ld public open space purposes (or cash contributions In lieu 01 dedlcation) ,Duplexes $1.500 per unit
In th8 eubdivldlng an<l dtveloplng 01 land are appropriate.
3. RESIDENTIAL PARK LAND DEDICATION:
Residential Park land as envisioned by this Ordlnence Is that land suitable for active
park use, such asp'aygrounds al'ld ball fields, or suitable for active play arees for small
chtIdren. It Is Imperative, therefore. that the land be reasonably flat aI'ld In one c0ntigu-
ous, parcel rather than small scattered parcels.
The amount of.lalld to be <ledlcated is based on the proposed rasideiltlal density U$ing
the net developable land area.
The fonnula for land <ledlcatloll:
The greater of 1) proposed units per acre or 2) ~Iled denllity.
Dwelling Unit Denllity
0.1.9 units per acre
2.0 -3.5 units per acre
3.6 -5.9. units per acre
6-1 C>units per acre
10+ Units per acre
I.arldto be DedIcated
10%
11%
12%
13%
AcldItIonal ..5% for each unIt~:,
Townhomu
$1,500 par unit
$1,500 per unit
Multifamily
7. COMBINATION LAND AliID CASH DEDICATIOlil:
The City may require the subdivider or developer to make a combination catIlal'ld lalld
dedication pursusnt to the fOllowing fonnufa:
A. The amount of land which could be required In accordarlCe wIIh $eQlIOn 3
" .haII be calculated.
k:1,f. ", . Frorn the total calculated In subparagraph <A).abOve. the ~ 8I'IlOUI'4 Of
,~": dty detennlnes to be nee<led to fuN ~ ~ ofthls,$ul)d. 6 hU be...
'o;;.'C.', The balance arrived at In eubparagraph (8) above, s~1 be CQnvert8d"
a cash contl1bullOl'lln lieu '01 land dec/IcatIon pursuant,to. etandan:I fonnufa ~,
by the city, which fonnula t8kee Into conelCIeratlon euch thl1'Jg8 as. but not ~
limited to, the fair market value of the property In the ,plat, sutJdlvlslon or deveIopIllent
aI'ldth8 percentage 01 the'totaI' paJll ~t1on obligation represented by the eetd bel-
anes.
8. INDUSTRIAUCOMMERCIAL DEDICATION FlEQ\,IIREMENTS:
SubdIvIders aI1d developers 01 cornmerclaVlndustrlallan<l, inCluding COI'IlIYI8fCIet
trial portione 01 Planned Developrnents. shell be required at the time the site 'pfIn II
aI'ld building pennlts are Issu8d to de<llcateto the CIty fQl' Park. piaygrouIId
Ie open space purposes, 7.5 percent of the net land area within the c:IeveIoP-
.. determined by the City according to the guidelines set forth In SecIIon3of 1IU
:"'\;~
Commercial 7.$% (If net developable land area ',~.'. CASH PAYMENT IN liEU OF DEDICATION. COMMERCIAlANDINDU8-
..,..TRIAL: , " ,'. ' , , ,'"
, ;;,;\ntl\08e ~s where the City does nof require park or open space cfedIcatICxIwf\I1ln.
4, ' ,', RESIDENTIAL TRAil REQ\,IIREMENTS: ~' , , ,',,', deWIoprnent,the City shall requfre peyment of feee In lieu (If land cIe(lIcatIon Ir)an
",atIdftIon to, the requlreme/ltS 01 Sect1Qll3. the subdivider , dedlcaI& and Il\'lpI'oge amount equal to the net land area required In Section 3 above. Cas" shall be, ~
~ and trallwaye that are deplcted for the property on . e Clty's rnost current at the time 01 approval of each ftnalplat, or a\ the time 01 site plan or bulk:llng, J*1RIt
COmPrehensive Trail Plan. or if not depicted on the Compre~h sive Trail Plan, have the approval as detennined by the City., " ,
potential for conlteOtlQn to the Comprehenalve Trail System. IUrall dedication and con- . ' ' , " ' .' , ..
'rz,.E:.:i=:=:~...O:':':::,.,,~,-=, ":r*~~<:~.
CatIon 01 Iancl lor active parks 1$ threefold. Ji1~'C," "
,".. .' ,. , ' " ' , ' " fO. REQUIRED PLAN AND IMPROVEMENTS TO PARKS: .. .,
~~~~~~~:.nw~:1.~$F~
SEiconcI. traIJS are Increasingly Important all a ~s (If ~ that Is an aIW-:' 'oround, ~ trak and perIm..-landscaplng. ',' ., i . "
r.auve to the automobile. . In this way, a traIJ is merely a street for pedeatrIans, aI'ld just "13. EstabIlsh park boundary comers for the purpose 01 erectIng.park 1\rnIt..
as It 1$ pennlsslble to require a develop$rto dedicate and construct streets \(lr atJtoITlO- 'The developer Shall contact theappt:oprlate Parks and Recreatlon'DepaI'II'nent person-
tilles, ,it Ie reasonable that a developer be required to dedi. aI'ld conetruct streets lor nellor the purpose 01 identifying park property corners. . '. . ' . .,' ,. ",
people transportation, on fo(lt or bicycle. C. " Provide sufficient Improved public road access (If no less than ~feetfor
, neIghbOrhood parks and additi0nai ~ for community parks. ~ "','
rhll'd. the trails within any development aIJ(lW CQnneotIon to t\'leClty net trail $YSleJTl. In
this way. the residents 01 any newdeveloprnent InGrell&e Uui burden on th8 rerna\ndeI' 11. SAVING. In all other ways,the City Coda will remain In full force and ~
of the CIty ~ system. It Is only reasonable .tIlerefore thet any development proIIIde \raK
access lor the remainder 01 the City, einesthe remainder oItl\e City will be burd$1ed by 12. EFFECtiVE DATE., TbIs ordinance will be In effect from and after Its '..~,
the development. sage and publication accofdin!;! to fe,w. '
. 5. GUIDELINES FOR ACCEPTINGDEDICATIO~ OF LAND 'fOR POflllCcAdopted by ~ City CouncIl 01 the City 01 StIllwater this 18th day 01 October. 2005.
PARK PURPOSES: , ."
A. I.arld proposed to be <ledicated for publiC purposes must meat the ~:~],
01 the City as described In the Stillwater Comprehensive Plan. , ' '" .. .. . '.'..,~~r
B. Prior todedlcatlon, the subdivider must deIJver to the CItY ~anc ' .
~ract of title or registered.prpperty abstract evidencing go9d aI'ld merketable _ treIt . ' ' ATTEST:
aIld, Cleer 01 any m~s, liens. encurnb~, assessments al'ld taxes. The con- Is! Diane F. Ward
VElyaflOe (locurnents must be In a form acceptable to the City Attomey. Diane F. Ward, City Clerk '
C. The required dedication Or paymellt 01 fees-In-lleu of land dedication must