Ordinance 014aORDINANCE NO. 14A
AN ORDINANCE WHICH RECOGNIZES THE NEED FOR NEIGHBORHOOD
PARKS, ESTABLISHES STANDARDS AND IMPROVEMENT GUIDELINES
FOR SUCH, AND PROVIDES METHODS OF ACQUISITION AND
DEVELOPMENT.
THE CITY COUNCIL OF CHANHASSEN, MINNESOTA, ORDAINS:
Section 1. Findings and Policy Declaration.
1.01. Rapid Community Growth. The City of Chanhassen desires
to be prepared for future growth with respect to population, housing
and general land development.
1.02. Public Facilities Unable to Keep Pace with Community
Growth. The City has been and is developing and constructing
public facilities and providing public services to meet the needs of
the community's growing population, and these services and facilities
must be able to keep pace with the ever growing need.
1.03. Council Policy Concern for Overall Land Development.
Faced with the potential for major physical, social and fiscal
problems caused by rapid and unprecedented growth in relation to
park open space and its development within the community, and being
concerned with existing, as well as future overall quality and
character of land development within the City, the City Council has
undertaken a program to develop a policy statement which will act to
guide the acquisition and development of neighborhood parks through-
out the City by providing a policy which explains the obligation and
requirements that will be expected of all housing development within
the community.
1.04. Policy Intention. It is the intention of the City Council
to develop and implement a park open space acquisition and develop-
ment policy which assigns a function of neighborhood park acquisition
and development responsibility to all housing dwelling units.
1.05. Reasonableness of Policy. Such policy intent is considered
reasonable to protect the public interest and welfare of the community;
and to secure a better planned environment for all neighborhoods
throughout the City; and to establish a viable neighborhood park
acquisition and development program that is relative and meaningful
to the people who live throughout the City.
1.06. Policy Clarification. This policy is intended and designed
to focus upon providing a publicly adopted strategy which will cause
• all housing developments to bear an obligation to the acquisition and
development of "neighborhood parks". Such clarification is needed so
as to indicate that the only function and purpose to which this .
• policy applies shall be to acquire park space and develop such park
-1-
• areas in such a manner so that they are solely planned, designed,
constructed with facilities, and programmed with neighborhood
services. This policy application in no way applies to or.satisfies
for the acquisition and/or development of "Community," "District," or
"Regional" parks. Nor does this policy apply to the maintenance of
• existing neighborhood parks or such neighborhood parks that may be
acquired and/or developed by this policy.
1.07. Policy Consistent With Overall_ Community Development Plans.
It is necessary and consistent with the overall community develop-
ment plans of this City to provide Neighborhood Parks, and it is
further in the interest of the health, welfare and safety of the
people of the City of Chanhassen that the City promulgate and
establish a Neighborhood Park Acquisition and Development Program;
that such a program is equitable and consistent with the benefits
received and the owners of land, upon which residential dwellings
exist or are to be construed, pay for a portion of the cost of the
acquisition and development of the Neighborhood Park lands within
the City.
Section 2. Park Demand and Charge Methodology.
2.01. Neighborhood Park Acre Demand Formula. Under the policy
implemented by this ordinance, the amount of land space needed for
neighborhood park purposes is based upon and determined by relating
land area to projected population resulting from residential
developments. For neighborhood park space purposes, the City hereby
establishes a standard that there shall be one acre of neighborhood
park land area for each 200 persons of projected population
resulting from residential development.
2.02. Dedication of Land Required. In every new plat, replat, or
subdivision of land for residential use, a reasonable portion of
such land shall be set aside and dedicated by the developer to the
public use for neighborhood park purposes. The amount of landrequired
to be so dedicated by the developer shall be based on the gross area
included in the subdivision, plat or replat, and shall be determined
by the following formula:
Percentage of Subdivision required to be Dedicated:
AD x (AC + DC)
FMV of Plat
2.03. Neighborhood Park Charge in Lieu of Dedication of Land.
The City shall have the alternative and option of requiring cash
payment to the City, in lieu of an actual dedication of land as
• provided in 52.02 of this Ordinance. The amount of said cash payment
shall be determined by the following formula:
Park Charge of Cash Payment Required at Time of Subdivision:
AD x (AC + DC)
-2-
•
• Payment of said cash charge may be deferred in whole or in part, at
the option of the City Council, until the time of issuance of
residential building permits, in which case said cash charge shall
be pro -rated and collected from the building permit applicant, at
the time of issuance of said building permit, according to the
following formula:
• Pro -Rated Payment Due upon Issuance of Each Building
Permit:
AD x EAC + DC )
DU
2.04. Neighborhood Park Charge on Existing Plats and Subdivisions.
A cash payment to be reserved for neighborhood park purposes shall
be paid to the City prior to the issuance of a building permit for
new residential construction on all unplatted land and on all lands
subdivided or platted prior to the enactment of this ordinance.
This cash payment shall not be required, however, in the case of
building permits for the mere alteration or remodelling of existing
residential structures. The amount of said cash payment shall be
determined by the following formula:
Neighborhood Park Charge:
Population/DU
200 x (AD + DC)
2.05. Definitions. For purposes of this ordinance, certain terms
and words are defined as follows:
"AC" is the estimated average cost of land per acre for park purposes
as established by annual resolution of the City Council. This figure
shall be the estimated average cost to acquire an acre of land for
neighborhood park purposes and shall recognize that land acquisition
costs will vary greatly in different areas of the City.
"DC" is the estimated average cost per acre of developing raw land
into neighborhood parks, as established by annual resolution of the
City Council.
"DU" is the number of dwelling units proposed in any development to
which this charge would be applicable.
"FMV" is the fair market value of plat as of the date of approval
of the final plat.
"AD" is "Acre Demand" computed according to the following formula:
• DU x Population/DU
200
•
-3-
•
•
• "Population/DU" is the estimated average population per dwelling
unit in any proposed or existing development, as determined by
the following table:
Dwelling Unit Type
Persons/Dwelling Unit
• 1. Single family detached dwelling 4.1/unit
2. Double family attached dwelling 4.1/unit
3. Apartment building (3 or more dwelling
units occupying independent floor
levels):
Efficiency dwelling 1.1/unit
1 bedroom dwelling 1.4/unit
2 bedroom dwelling 2.5/unit
3 bedroom dwelling 3.3/unit
4 bedroom dwelling 4.00/unit
•
4. Townhouse dwelling (3 or more dwelling
units attached or not occupying
independent floor levels) :
1 bedroom dwelling 2.0/unit
2 bedroom dwelling 3.3/unit
3 bedroom dwelling 4.0/unit
4 bedroom dwelling 4.2/unit
Section 3. Joint Agency Development.
In order to maximize the total available resources within each
neighborhood in terms of space, facilities, and development, this
Neighborhood Park policy encourages and takes into consideration the
potential of joint development of neighborhood park and recreation
facilities which may take place between the City and other park
agencies, schools, churches, etc., so that the size of the joint
development cost(s) will be less than if separate sites were
developed by each. The facilities included will represent the
functional needs of each agency. The intent of joint development
is to satisfy one of the following requirements: to avoid duplica-
tion of facilities (unless existing facilities are over -used), to
coordinate services, and/or to diminish the land needs of each agency.
Section 4.
Financial Policies to Implement Neighborhood Park Policy.
4.01. Time Neighborhood Park Charges Due:
Charge established by this Ordinance shall be
cashier's check at the time of issuance of the
residential construction as set forth in 52.04
-4-
The Neighborhood Park
paid in cash or by
building permit for new
of this Ordinance.
i
• 4.02. Assessment Guidelines. Nothing in this ordinance shall be
construed as limiting the development of public parks as a public
improvement under Chapter 429 of Minnesota Statutes.
4.03. Establishment of Park Acquisition and Development Fund.
The City Manager is hereby directed to establish a Neighborhood
• Park Acquisition and Development Fund, to be used only for:
1. Depositing park charges collected pursuant to this
ordinance;
2. Depositing charitable contributions and other inter-
governmental revenues received for neighborhood parks;
3. Disbursements of neighborhood park land acquisition
and development costs.
4.04. Disposition of Park Acquisition and Development Funds.
It is the intention of this ordinance that whenever possible and
reasonable, but not mandatory, funds collected from developers and/or
residences of any particular development or particular neighborhood
should be designated and used.to serve that particular neighborhood.
4.05. Gifts or Donations. Land offered to the City as a gift
or donation for neighborhood parks but not related to any specific
development project may only be accepted when such gift or donation
of land conforms to one of the following:
1. Such donation or gift of land is not provided as a
means to defray the costs of an existing or future neighbor-
hood park charge. However, the City may accept gift or
donation lands when within an area designated as a neighbor-
hood park location. Or upon acceptance by the City, the
land donated or received by gift may be sold by the City in
order to purchase a designated neighborhood park site area.
2. Such donations or land gifts should not be less than
one acre in size.
3. If such donation or land gift is to defray the costs
of an existing or future neighborhood park charge, then
such should be accepted only under the following conditions:
a. Such land or lands must be within an area designated
for a neighborhood park.
b. Financial arrangements must be made either in the
form of cash or additional lands in accordance with
this policy.
C. The existing characteristics of any land donated
specifically for park land use must be clearly con-
sistent with that intended use.
4.06. Negotiable Services -In -Kind. Where land is available and
development plans adopted, neighborhood park charges for facilities
may be accepted in the form of services -in-kind rendered by the
developer through his contractors. Such services might include
grading, landscaping, installation of utilities, or other services
essential to implementation of the park plan. The value of such
-5-
I
0
services -in-kind performed by the developer or
in lieu of the neighborhood park charge shall
calculated neighborhood park charge and shall
City Council.
•
his representatives
be equal to the
be approved by the
• 4.07. Neighborhood Park Joint Development Encouraged. The
City actively endorses the coordination of neighborhood park
acquisition and development with other groups and agencies, such as
other governmental units, churches, schools, and public interest
groups. Such coordinated activities may be able to lower neighbor-
hood park costs through grants, leases, joint usage, and gifts, and
also strengthen neighborhood identity and community participation.
4.08. Annual Resolution Stating Average Acre Acquisition and
Development Costs. The City Council, at its first regular meeting
of each calendar year, shall establish, by resolution, the average
acre acquisition cost (or AC) and the average acre development
cost (or DC) for neighborhood parks throughout the City. One hundred
per cent (1000) of the average acre development cost will be used in
this formula each year. These annual cost determinations shall be
used for calculating each dwelling unit's neighborhood park charge
for the ensuing fiscal year. An annual resolution is utilized for
the following reasons:
1. The resolution more closely relates to the actual costs
to acquire lands necessary and meet the development cost
of each acre of land.
2. The resolution allows for greater flexibility to account
for increases in actual neighborhood park costs which can
then be incorporated into the neighborhood park charge
formula.
Section 5. Validity. Subsections and provisions of this Ordinance
are deemed to be severable, and should any such item be declared
unconstitutional or invalid by a court of competent jurisdiction,
said determination shall not affect the validity of this Ordinance
as a whole or any part thereof other than the part so declared
unconstitutional or invalid.
Section 6. Adoption and Implementation of Neighborhood Park
Charge Ordinance.
6.01. Policy Effective Immediately Upon Adoption. This ordinance
shall be binding upon all new housing units issued building permits
from and after its publication.
• 6.02. Neighborhood Park Cost Charged at Time of Building Permit
Issuance. All housing units constructed hereafter shall, at the
time of building permit issuance, be charged a "Neighborhood Park
. Charge."
•
•
Section 7. Repealer. This Ordinance repeals Ordinance 14, An
Ordinance requiring the dedication of Land for Public Recreation Use
or Cash Payment In Lieu Thereof, adopted December 4, 1967.
• Passed and adopted by the City Council this 16th'day of May 1977.
Attest:
Mayor
City Clerk Manager
•
0