Loading...
Ordinance 085n U ORDINANCE NO.85 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING THE CHANHASSEN CITY CODE CONCERNING PARR LAND DEDICATION REQUIREMENTS The City Council of Chanhassen ordains as follows: Section 1. The Chanhassen City Code is amended by deleting the following sections: 14-33, 14-34, 14-35, 14-36, 14-37, and 18-77B. Section 2. The Chanhassen City Code is amended by adding the following sections: Section 18-78. Park Land Dedication Requirements. (A) As a prerequisite to subdivision approval, subdividers shall dedicate land for parks, playgrounds, public open spaces and trails and/or shall make a cash contribution to the City's Park Fund as provided by this Section. (B) Land to be dedicated shall be reasonably suitable for its intended • use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access, and location. (C) The Park and Recreation Committee shall recommend to the City Council the land dedication and cash contribution requirements for proposed subdivisions. (D) Changes in density of plats shall be reviewed by the Park and Recreation Committee for reconsideration of park dedication and cash contribution requirements. (E) When a proposed park, playground, recreational area, school site or other public ground has been indicated in the City's official map or comprehensive plan and is located in whole or in part within a proposed plat, it shall be designated as such on the plat and shall be dedicated to the appropriate governmental unit. If the subdivider elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the City may consider acquiring the site through purchase or condemnation. (F) Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Ordinance and shall be in addition to and not in lieu of open space requirements for planned unit developments. • • (G) Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the City Council, against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do SO. (H) The City, upon consideration of the particular type of development, may require larger or lesser parcels of land to be dedicated if the City determines that present or future residents would require greater or lesser land for park and playground purposes. (I) In residential plats one acre of land shall be conveyed to the City as an outlot by warranty deed for every seventy-five (75) people the platted land could house based upon the following population calculations: Single-family detached dwelling lots 3.0 persons Two-family dwelling lots 6.0 persons Apartments, townhouses, condo- miniums and other dwelling units 1.0 person per bedroom (J) In plats other than residential plats, a cash donation equal to ten • percent (10%) of the fair market value of the undeveloped property shall be paid. • (K) In lieu of a park land donation, the City may require an equivalent cash donation based upon average undeveloped land value in the City. The cash dedication requirement shall be established annually by the City Council. (L) In lieu of a trail land donation, the City may require the following cash donations for the multi-purpose pedestrian trail system: For each lot or dwelling unit $ 138.00 (M) The City may elect to receive a combination of cash, land, and development of the land for park use. The fair market value of the land the City wants and the value of the development of the land shall be calculated. That amount shall be subtracted from the cash contribution required by subsection K above. The remainder hall be the cash contribution requirement. (N) "Fair market value" shall be determined as of the time of filing the final plat in accordance with the following: (1) The City and the developer may agree as to the fair market value, or -2- (2) The fair market value may be based upon a current appraisal • submitted to the City by the subdivider at the subdivider's expense. (3) If the City disputes such appraisal the City may, at the subdivider's expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. (0) Planned developments with mixed land uses shall make cash and/or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. (P) Park and trail cash contributions are to be calculated at the time building permits are issued and shall be paid when the permit is issued by the person requesting the permit. (Q) The cash contributions for parks and trails shall be deposited in either the City's Park and Recreation Development Fund or Multi- purpose Pedestrian Trail Fund and shall be used only for park acquisition or development and trail acquisition or development. (R) If a subdivider is unwilling or unable to make a commitment to the City as to the type of building that will be constructed on lots in the proposed plat, then the land and cash contribution requirement will be a reasonable amount as determined by the City Council. • (S) Wetlands, ponding areas, and drainage ways accepted by the City shall not be considered in the park land and/or cash contribution to the City. L� Section 3. This ordinance shall become effective immediately upon its passage and publication. ADOPTED by the City Council of Chanhassen this 14th day of March , 1988. CITY HASSEN J BY T om s t. Hamiltoi4, Mayor ATTEST: Don Ashwort , Cit anager , (Published in the Carver County Herald on April 14, 1988) -3- ORDINANCE No. 85 CITY OF, CHA TN CANER AND NNEPIN COUNTIES, MINNESOTA ' AN ORDINANCE AMENDING THE CHANHASSEN - CITY CODE CON - CE , ING -PARR, LAND, DEDICATION REQ NTS The City Council of Chaphassen ordains as follows : Section i, The Chanhafe'at y Code is amended by delectiug ,the following sections: 14-333, 14,34, 14,35, 1446, 14-37, and 18-77B. Section 2. The Chanhassen City Code is amended by adding the following sec- tions: Section 18-78. Park I Land Dedication Requirements. (A) As a prerequisite to subdivision' approval, subdividers shall dedicate land for parks, plap�uublic , open spaces and, t arr 01r 4oha11 make a cash contribution to file City's PaTk Fund - as pprrovided by this'Section, ' u (B) Land to be dedicated shall be reason6biy suitable for its intended use and shah c uPnient to VON I lied in �*►. may, #a& ana-Recreation t Nffi- mittee shall recommend to' the, I City Council the land dedication and cash contribution requirements fqr proposed subdivisions. (D) Changes in density of plats shaRte reviewed by the Park and Recreation Committee. for recoiisidoration of dedication ,and cask contrinut00, requiftments. (E) • When a proposed park Playground, recreational area, school site or other public ground has been in-' dicated in the City's official map or. com rehensive plan and is located in' whp►" or in part within. .proposed plat it shall be des>t nated as such on the pkat and'shall be dedicated to the appropriate governmental unit. If `the subdivider" elects not to dedicate an area in -excess of the land required hereunder for such proposed public site, the City may con- • sider acquiring the site through .purchase or condemnation. (P) Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Ordinance and shall be in addition to and not in lieu of open space requirements for planned unfit developments. (G) Where private open space'for park and recreation purpose's is provided in a proposed subdivision, such :areas may be used for credit, at the discretion of the City Council, against the requirement of dedication for pork and recreation purpoties, provided the City Cognl,il finds it is in the public interest to do so. (H) The City, upoO consideration of the particular type of development, may require larger or lesser parcels of land to be dedicated if the City AdArms that present or future residents would .require greater or lesser land for park and playyground purposes. , (I) In residential plats one acre of land shall be conveyed to the. City as an -outlot be warranty deed for., every sevent live (75} people the platted land could house based upon -the following population calculations: f f Two-family dwelling lots 6.0 persons Apartments, townhouses, condominiums and -other dwegingunits 1.8 persons ` Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Carver ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher of the newspaper known as the Carver County Herald and has full knowledge of the facts herein stated as follows: (A) This newspaper have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. A Z, was published on the date or dates and in the newspaper stated in the attached Notice, and said Notice is hereby incorporated as part of this Af- fidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as bei theind and size of type used in the composition and publication of the Notice: 1 abcdefghijklmnopq tuvk Subscribed and sworn before me on this __ day of , 198 A By: Stan Rolfsrud, Publisher H SEC KY SCOTT NOTARY PI:3L'Ce MINNESOTA SCOTT COUNTY MY COMMIvS:ON EXPIRES 6-2-93 ATF INFORMATION Lowest classified rate paid by commercial users for comparable space .... $7.00 per column inch Maximum rate allowed by law for the above matter......................................$7.00 per column inch Rate actually charged for the above matter...................................................$4.94 per column inch (J) In plats other than residential plats, a cash donation equal to ten per- cent (106) of the fair market value of the undevelopedproperty shall be paid. (K) In lieu of a park land donation, the City may require and equivalent cash donation based upon average , un- developed land value in the City. The cash dedication requirement shall be established annually by the City Council. (L) In lieu of a trail, land donation, the, City may require the following cash donations for the multi-purpose pedestrian trail system: For each lot or dwelling unit — $138.00 (M) The City may elect to receive a combonation of cash, land,_ -and. and devalopofe land forpa�ii use. The fair market value of the land the City wants and the value- of the development of the land shall be calculated. That amount shall be subtracted from_ _ -the cash contribution required- b s joint Kabove. The "".0— (N) bi contiftitiob req ' " ".0 Wit; •�+ (N) "Fair market value" 9M11..be; determined as of the time of filing the final plat in accordance with , the following: (1) The City and the developer may agree as.to the fair market value, or. (�) The fair mark _t value may be based upon a current-apppsisal sub- mitted to the City by the subdivider at the subdivider's expense. (3) If the City disputes such appraisal the City may, at the subdivider's ex- pense, obtainan raisal of - ..the - property by a q taw praiser, which i00*jdWz dua be eon- clusive evidence of ft fair ra arket value of the land. (0) Planned'develdpments with mixed land uses shall make cash and/or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. (P) Park and trail cash contributions are to be calculated at the time building permits are issued and shall be paid when, the permit is issued by the person requesting the permit. '(Q� The cash contributions for parks and trails shall be deposited in ~ the City's Park and Recreation Development Fund of Mulit-purpose Pedestrian Trail Fund and shall be used only for park acquisition or development and trail acquisition or development. (R) H 'a subdivider is unwilling or unable to snake a commitment to the City as to the, of building that will ' be constructed on lots in the proposed plat, then the,, land and cash contribution requirement will be a reasonable amount as determined by the City Council. (S) Wetlands, ponding areas, and drainage ways accepted by the City shall not be considered in the park, land and/or cash contribution to the City. Section 3. This ordinance shall become effective immediately upon its passage and�ppu�blication. ADOPTED by the City Council of Chanhassen this 14th -day of March, 1988. CITY OF CHAANHASSEN BY: Thomas L. Hamilton, Mayor ATTEST: Don Ashworth, City Manager ( Published in 'the Carver County Herald Thursday, April 14, 1989; No.