Ordinance 014cRHL
12/26/79
CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 14-C
AN ORDINANCE AMENDING SECTION 4.09 OF ORDINANCE 14-A, THE CHANHASSEN
NEIGHBORHOOD PARK CHARGE ORDINANCE AND ADDING THERETO SECTION 6.03,
AND AMENDING SECTIONS 4 AND SECTION 7.03 (e) OF ORDINANCE 33, THE
CHANHASSEN SUBDIVISION ORDINANCE
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 4.09, Commercial Industrial Park Charge, of
Ordinance 14-A, the Chanhassen Neighborhood Park Charge Ordinance,
adopted May 16, 1977, as amended by Ordinance 14-B on August 6, 1979,
is hereby further amended to read as follows:
4.09 Commercial, Office or Industrial Recreational Area
Land Dedication or Charge
1. Land Dedication. It is hereby found and declared that
it is reasonable to require that a reasonable amount
of the gross acreage of the undeveloped land proposed
to be subdivided for commercial, office or industrial
uses be dedicated to the public for public use as
recreational areas.
2. Recreational Area Charge. At the option of the City,
in lieu of land dedication, all lots, tracts or parcels
of land, whether platted or unplatted, to be utilized
for commercial, office or industrial uses shall be
subject to a recreational area charge of $875 per net
developable acre which is hereby determined to be a
reasonable percentage of the current fair market value
of undeveloped land within the City to be so utilized.
All recreational area charges shall be paid upon
issuance of the building permit for the commercial,
office or industrial use.
3. Annual Review. The recreational area charge established
by Section 2 hereof shall be reviewed annually by the
City Council at a regular scheduled meeting during
February of each year, and may be revised by Council
resolution. The standard to be employed by the Council
in making any such revision shall be the changes, on
• an annual basis, in the Construction Cost Index published
by the Engineering News Record, or any equivalent
commonly employed price index.
•
4. Credits. In the event the City Council elects to
• accept dedications of land for public use as recrea-
tional areas in a commercial, office or industrial
subdivision, the Council may grant credits against
the recreational area charges applicable to said sub-
division in such amounts as the Council in its dis-
cretion may deem appropriate.
5. Definitions. For the purposes of this section, the
following definitions shall apply:
a. "Recreational areas: are those areas as defined
in the Chanhassen Subdivision Ordinance, as amended.
b. "Undeveloped land" is defined as a lot, tract or
parcel of land which can be readily utilized for
commercial, office or industrial use.
C. "Fair market value" as it relates to land to be
subdivided is defined as the market value of the
lot as of the date of final plat approval, not
including the value of public improvements
serving the lot. "Fair market value" as it relates
to unplatted land is defined as the market value,
not including the value of public improvements,
of the tract or parcel of land as of the date a
building permit application is submitted to the
City Council for approval pursuant to Section 9.06
of the Chanhassen Zoning Ordinance.
Section 2. Section 6 of Ordinance 14-A, The Chanhassen Neighborhood
Park Charge Ordinance, adopted May 16, 1977, is hereby amended by
adding thereto the following section to read as follows:
6.03 Chanhassen Subdivision Ordinance.
No provision of this ordinance shall be construed to
repeal, modify or in any manner restrict the provisions
of the Chanhassen Subdivision Ordinance, as amended.
Section 3. Section 4, Definitions, of Ordinance 33, The Chanhassen
Subdivision Ordinance, adopted February 17, 1969 is
hereby amended by adding thereto Section 4.01 to read
as follows:
4.01 Restatement. The term "Active Recreational Areas" is
Hereby restated to read "Recreational Areas" as said
term relates to the Chanhassen Subdivision and Neighborhood
Park Charge Ordinances.
•
•
-2-
Section 4. Effective Date. This ordinance shall become effective
• from and after its passage and publication.
E
•
Passed by the Council this 7th day of January 1980.
MAYOR
ATTEST:
City `Clerk Manager
Published in Carver County Herald on the 16thday of January
1980.
-3-
ary oF
oaHASSEN-
CITY OF CHANHASSEN
t/1ffity= ,AND HENNEPIN
,CpLJ��.)HINNESOTA --
ORDINANCE NO. 14-C
AN ORDRJANCE AMENDM SECTION 4.09 OF OR-
DINANCE 14-A, 'RHE CHANHASSEN
NEIGHBORHOOD PARKRGE, ORDINANCE
AND ADDING THERETO SECTION 6.03, AND AMEN-
DING SECTIONS 4 AND SECTION 7.03 (e) OF OR-
DINANCE 33, THE CHANHASSEN SUBDIVISION OR-
DINANCE
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 4.09, Commercial Industrial Park
Charge, of Ordinance 14-A, the Chanhassen
Neighborhood Park Charge Ordinance, adopted May
16, 1977, as amended by Ordinance 14-B on August 6,
1979, is hereby further amended to read as follows:
4.09 Commercial, Office of Industrial Recreational
Area Land Dedication or Charge
1. Land Dedication. It is hereby found and declared
that it is reasonable to require that a reasonable
amount of the gross acreage of the undeveloped land
proposed to be subdivided for commercial, office or in-
dustrial uses be dedicated to the public for public use as
recreational areas.
2. Recreational Area Charge. At the option of the City,
in lieu of land dedication, all lots, tracts or parcels of
land, whether platted or unplatted, to be utilized for
commercial, office or industrial uses shall be subject to
a recreational area charge of $846 per net developable
acre which is hereby determined to be a reasonable
percentage,` of the current fair market value of
undeveloped land within the City to be so utilized. All
recreational area charges shall be paid upon issuance
of the building permit for the commercial, office or in-
dustrial use.
3. Annual Review. The recreational area charge
established by Section 2 hereof shall be reviewed an-
nually by the. City Council at a regular scheduled
meeting during February of each year, and may be
revised by Council resolution. The standard to be
employed by the Council in making any such revision
shall be the changes, on an annual basis, in the Con-
struction Cost Index published by the Engineering
News Record, or any equivalent commonly employed
price index.
4. Credits. In the event the City Council elects to ac-
cept dedications of land for public use as recreational
areas in a commercial, office or industrial subdivision,
the Council may grant credits against the recreational
area charges applicable to said subdivision in such
amounts as the Council in its discretion may deem ap-
propriate.
5. Definitions. For the purposes of this section, the
following definitions shall apply:
a. "Recreational areas: are those areas as defined in
the Chanhassen Subdivision Ordinance, as amended.
b.. "Undeveloped land" is defined as a lot, tract or
parcel of land which can be readily utilized for commer-
cial, office or industrial use.
c. "Fair market value" as it relates to land to be sub-
divided is defined as the market value of the lot as of the
date of final plat approval, not including the value of
public improvements serving the lot. "Fair market
value" as it relates to unplatted land is defined as the
mark value, not including the value of public im-
pr;oVe tits, of the tract or parcel of land as of the date
a building permit application is submitted to the City
Council for approval pursuant to Section 9.06 of the
Chanhassen Zoning Ordinance.
Section 2. Section 6 of Ordinance 14-A, The
Chanhassen Neighborhood Parka Ordinance,
adopted May 16, 1977, is herel
�. adding
thereto the following sectiait to s 'Bows:
6.03 Chanhassen gubdWhiion Olde.
No provision of this ordinance shall be construed to
repeal, modify or in any manner restrict the provisions
of the Chanhassen Subdivision Ordinance, as amended.
Section 3. Section 4, Definitions, of Ordinance 33, The
Chanhassen Subdivision Ordinance, adopted February
17, 1969 is hereby amended by adding thereto Section
4.01 to read as follows:
4.01 Restatement: The term "Active Recreational
Areas" is hereby restated to read "Recreational
Areas" as said term relates to the Chanhassen Subdivi-
sion and Neighborhood Park Charge Ordinance.
Section 4. Effective Date. This ordinance shall
become effective from and after its passage and
publication,
Passed by the Council this 7th day of January, 1980.
/s/ Walter B. Hobbs
MAYOR
ATTEST:
/s/ Donald W. Ashworth
City Clerk/Manager
(Pub. Carver County Herald January 16, 1980)
Affidavit of Publication
Sate of Minnesota )
ss.
County of Carver )
4,
--- - ------__-�— - being duly sworn, on oathsays he Ls and during
all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has ful'.
knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format
and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly
and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest
to the community which it purports to serve and does not wholly duplicate any other publication and is not made up
entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which
it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its
total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local
post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known
office of issue in the City of Chaska in said county, established and open during its regular business hours for the
gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said
newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at
which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical
Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates
A publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1,
966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the
nanaging officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper
He further states on oath that the printed
- -- - ---- -_ -_ - _ -- _-- - -- - - - - - hereto attached as a part
ereof was cut from the columns of said newspaper, and was printed and published therein in the English language,
,ice each week, for _ successive weeks; that it was first so published on r "the
3y of - At -'- ' - - 19
and was thereafter printed and published on every " ' to and
eluding the - - day of 19 and that the following is a printed copy of the lower case alphabet
)m A to Z, both inclusive, and is hereby acknowledged a:, being the size and kind of type used in the composition and
blication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me this day of
(No r' 'se)`'' CYNTHIA A. HOLDEN
NOTARY PUBLIC
,tet. CARVER Com,
My Commis: icer, ; .
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19 _
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Notary public, �. ` County, Minnesota
My Commission Expires'_