B. City Code
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
B
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Angie Auseth, Planner I
~.
DA TE:
March 10,2008
SUBJ:
City Code Issue Paper - Part III
BACKGROUND
Staff has assembled Part III of the City Code updates. This group of potential
changes is general in nature. Staff is once again requesting input and guidance
with regard to these identified issues before we proceed with a formal
recommendation.
ANA YLSIS
Part III of the code updates will be addressing the use of motorized vehicles on
non-roadways and reflect changes in state legislature regarding the dedication of
park land during the subdivision process.
DIRECTION
The Planning Staff is looking to City Council for feedback with regard to the
attached City Code issues.
ATTACHMENT
1. Part III, Amendment Issues.
g:\plan\city code\2008 code update\work session memo pt 3.doc
The City 01 Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
CHAPTER 14 - PARKS & RECREATION
This is a general update clarifying the rules and regulations for the use of vehicles on
non-roadways.
PROPOSED CHANGE: Amend Sec. 14-76 (c) and (e) as shown below.
Sec. 14-67. Use of vehicles.
(a) No person in any park shall ride or drive a vehicle at a rate of speed exceeding 15
miles per hour, except upon such roads as the City Council may designate by posted
signs, for speedier travel.
(b) No person when using a park shall interfere with the passage of vehicles.
(c) No vehicle is permitted on any footwalk, trail, path, lawn, or any other grounds of
City parks except in such areas or upon such trails, paths or roadways as are
specifically designated by posted signs for traffic or parking purposes.
(d) No driver of any vehicle shall tow or push any toboggan, sled, ice skater, bicycle or
any other sliding or coasting device, nor shall a driver permit any person to board or
alight from nor hang onto said vehicle when said vehicle is in motion.
(e) No vehicle of any kind shall be permitted to drive across or on park lands except on
roadways, except such vehicles and machines as operated by the City. Nothin2 herein
shall be construed to prohibit the use of snowmobiles in any area of a park so
designated by resolution or ordinance.
(f) No person shall ride any bicycle upon any trail or sidewalk in such manner as to
interfere with any pedestrian thereon.
(g) Any unoccupied vehicle found in violation of the provisions of this article may be
removed and impounded at owner's expense by any police officer or duly authorized
person in accordance with the ordinances of the City.
CHAPTER 18- SUBIVISION
The proposed change to the subdivision ordinance is required by 2006 legislation. The
new legislation requires park dedication requirements be calculated based on "buildable
land" in a subdivision. The law goes on to provide that the City must define the term
"buildable land" in its ordinance. The law further provides that the value of land for
determining dedication requirement must be determined "no later than at the time of final
approval". This will bring this section of the City Code into conformance with these
requirements and also make some miscellaneous wording corrections.
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Staff is proposing a definition of "Buildable Land" in Chapter 1 concurrently with the
City Code updates.
PROPOSED CHANGE: Amend Sec. 18-79 as shown below.
Sec. 18-79. 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 and trail 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 l-aOO
buildable land-dedication and cash contribution requirements for proposed
subdi visions.
(d) If the property being subdivided was previously subdivided, a credit will be given for
similar requirements satisfied in conjunction with the previous subdivision.
Requirements will be calculated based upon the increase in the population calculation
and any change from residential to nonresidential or nonresidential to residential.
(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 f*at subdivision, it shall be designated
as such on the plat and shall be dedicated to the appropriate governmental unit. If the
subdi vider elects not to dedicate an area in excess of the l-aOO buildable 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 chapter 20 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 l-aOO buildable land to be dedicated if the City determines
that present or future residents would require greater or lesser land for park and
playground purposes.
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(i) In residential jHat-5 subdivison, one acre of km4- buildable land shall be conveyed to
the City as an outlot by warranty deed for every 75 people the platted subdivided
land could house based upon the following population calculations:
Single-family detached dwelling per lot ................................................................... 3.5 persons
Two-family dwelling per dwelling unit ....................................................................3.0 persons
Apartment, townhouses, condominiums and other dwelling units, per bedroom..... 1.0 persons
U) In jHat-5 subdivisions other than residential jHat-5 subdivisions, either a cash donation
equal to ten percent of the fair market value of the undeveloped property or ten
percent of the gross area of land buildable land being nlatted subdivided or a
combination thereof, shall be conveyed to the City.
(k) In lieu of a park land donation, the City may require an equivalent cash donation
based upon average undeveloped buildable land value in the City. The cash
dedication requirement shall be established annually by the City Council.
(I) In lieu of a trail donation, trail construction, or trail easement dedication, the City
may require a cash donation for the trail system. The cash dedication requirement
shall be established annually by the City Council.
(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 buildable land, at the time of final
subdivision approval, 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 shall be the cash contribution
requirement.
(n) "Pair market value" shall be determined as of the time of filing the final f*at
subdivision approval in accordance with the following:
(1) The City and the developer may agree as to the fair market value, or
(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 dedication fees shall be paid at the time of final f*at subdivision recording.
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(q) The cash contributions for parks and trails shall be deposited in either the City's park
and recreation development fund or multipurpose 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 t*at subdivision, 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.
(t) Subdividers of land abutting streets that have been designated in the City's
comprehensive trail plan for the installation of a trail shall be required to dedicate the
land for the trail to the City and construct the trail. An appropriate trail fee credit shall
be granted.
g:\plan\cily code\2008 code updale\updale march 1O.2008.doc
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