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3h. City Code Amendment Concerning Park Dedication Requirements1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 MEMORANDUM CITY OF 3--k CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Action by City Adminlstira O Endo V DW A- M od'rtie d_ _._.. Rejected_. -- �-�-- Dat Date Submitted to Commissio8 TO: Don Ashworth, City Manager We Sabmitted to CoWdI FROM: Todd Hoffman, Park and Recreation Director ~ _ 1 �{- DATE: January 20, 1994 SUBJ: City Code Amendment Concerning Park Dedication Requirements, First Reading o, As you will recall, the 1994 park and trail fees 10, 1994. It is Councilman Senn's desire to final approval for 1994. tentatively established on Monday, January ; fees as part of a work session prior to As a part of the 1994 fee structure, one -third of the p contemporaneously with the city's approval of the s attached ordinance amending Chapter "18 of the Ordinance, concerning park dedicati©ii "requirements RECOMMENDATION Approval of the first reading is recommended. trail cash contribution shall be paid on (at the time of final plat). The Essen City Code, the Subdivision this change. CAMPEELL KNUTSON SCOTT & FUCHS, P.A LJ Feb 8,94 16:28 No.007 P.02 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 14 AND 18 OF THE CHANHASSEN CITY CODE CONCERNING PARK DEDICATION REQUIREMENTS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: ion 1. Section 18 -79(P) of the Chanhassen City Code is amended to read: (P) One -third of the park and trail cash contribution shall be paid contemporaneously with the City's approval of the subdivision, The balance, calculated as follows, shall be paid at the time building permits are issued: rate in effect when a building permit is issued minus the amount previously paid. action 2 . Sections 14 -31, 14 -32, 14 -35, 14 -36, and 14 -37 of the Chanhassen City Code are hereby repealed, ' in publication. This ordinance shall be effective immediately upon its passage and PASSED AND ADOPTED this day of 1994, by the City Council of the City of Chanhassen. ATTEST: Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor I (Published in the Chanhassen Villager on , 1994). 11348 ,02108/94 § 14 -19 CHANHASSEN CITY CODE Sec. 14-19. Functions. ' (a) The park and recreation commission shall advise the council on the conduct of a ' public recreation program and to that end the commission shall advise the council in provid- ing, conducting and supervising recreation areas, facilities, services and programs for public ' recreation, including such facilities as playgrounds, parks, swimming pools, beaches, camps and indoor recreation centers either within or without the corporate limits of the city upon property under the custody and management of the city or upon other public or private , property with the consent of the owners of such property. The commission shall advise the city in the operation of parks, recreation areas and like facilities now owned or acquired by the city, and may advise the city to enter into agreements of a cooperative nature with other , public and private agencies, organizations or individuals when, in the judgment of the com- mission, such procedure would prove advantageous. The commission shall make recommenda- tions to the council concerning property acquisitions needed to provide a comprehensive recreation system. (b) On or before September 1 of each year, the commission shall render a full report to the council covering its operation for the preceding twelve (12) months, together with its recom- ' mendatious and an estimate of the funds required for its work for the ensuing year. It shall also render such other regular or special reports, advisory recommendations or make such investigations as it deems advisable, or as may be requested by the council. ' (Ord. No. 17, § 2,1- 15-68) Secs. 14-20- 14-30. Reserved. , ARTICLE III. NEIGHBORHOOD PARK ACQUISITION ' AND IMPROVEMENT' Sec. 14-31. Findings and policy declaration. ' (a) The city desires to be prepared for future growth with respect to population, housing and general land development. (b) 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. ' (c) 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 throughout the city by providing a policy which explains the obligation and require- I ments that will be expected of all housing development within the community. *Cross references — Planning and development, Ch. 15; subdivisions, Ch. 18. , State law reference — Authority of city to require dedication of park lands, payments in lieu of dedication, etc., in subdivisions, M.S. § 462.358, Subd. 2b. Supp. No. 4 (31 780 T..i PARKS AND RECREATION § 14 -37 (d) It is the intention of the city council to develop and implement a park open space acquisition and development policy which assigns a function of neighborhood park acquisition and development responsibility to all housing dwelling units and commercial and industrial uses _ (e) 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 through ' out the city; and to establish a viable neighborhood park acquisition and development pro- gram that is relative and meaningful to the people who live throughout the city. (f) This policy is intended and designed to focus upon providing a publicly adopted strategy which will cause all housing developments and commercial and industrial uses to bear an obligation to the acquisition and development of neighborhood parks. Such clarifica- tion 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 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 the acquisition or develop - ment of community, district, or regional parks. This policy does not apply to the maintenance of existing neighborhood parks or such neighborhood parks which may be acquired or devel- ' oped by this policy. (g) It is necessary and consistent with the overall community development 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 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 policy that the owners of land, upon which residential dwellings are to be constructed or commercial or industrial uses are to be employed, pay for a portion of the cost of the acquisition and development of the neighborhood park lands within the city. (Ord. No. 14A, § 1, 5- 16 -77; Ord. No. 14 -B, § 1, 8 -6 -79) Sec. 14-32. Park acquisition and development fund. The city manager shall establish a neighborhood park acquisition and development fund. The fund shall be used only for: ' (1) Depositing park charges collected pursuant to this article; (2) Depositing charitable contributions and other intergovernmental revenues received ' for neighborhood parks; (3) Disbursements of neighborhood park land acquisition and development costs. (Ord. No. 14A, § 4.03, 5- 16 -77) Secs. 14-33 -1437. Reserved. Editor's note — Section 1 of Ord. No dland offered as a , gift or donation to the '.. former § § 14- 33- 14 -37, relative to park space emand; city; negotiable services in -kind; average acre acquisition and development costs; and use of undeveloped land proposed to be subdivided for commercial, industrial as office uses be U _ Supp. No. 1 7$1 § 14 -37 CHANHASSEN CITY CODE , t dedicated for public use as recreational areas. Such former sections derived from Ord. No. 14A, § § 2.01 -2.04, 4.05, 4.06, 4.08, 4.09, adopted May 16, 1977; Ord. No. 14-B, § 2, adopted Aug. 6,1979; and Ord. No. 14.4, § 1, adopted Jan. 7, 1980. Provisions relative to park land dedication are currently found in § 18 -79. Secs. 14.38- 14-55. Reserved. ARTICLE IV. PARR RULES* Sec. 14-56. Definitions. The following words, terms and phrases, when used in this article, shall have the mean- ' ings ascribed to them in this section, except where the context clearly indicates a different meaning: Driver means every person who drives or is in physical control of a vehicle. i Drugs means any controlled substance, as defined by chapter 152 of Minnesota Statutes, the possession of which is a violation of Minnesota Statutes section 152.09. Snowmobile means any engine driven vehicle of a type which uses sled -type runners, or skis, or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated and which is designed to operate over ice or snow. ' Parks shall mean parks, parkways, ice skating rink, playgrounds, public accesses, recre- ation fields, recreation buildings, beaches and water surrounded by parks, including but not i limited to waters adjacent to beaches, which are delineated as swimming areas by the placement of marker buoys. Vehicle means any bicycle, go -cart, minibike, motorcycle, snowmobile, recreational vehi- cle, all terrain vehicles or self - propelled instruments which carry or may carry an occupant or occupants upon land or water. "Vehicle" includes every device in, upon, or by which any ' person or property is or may be transported or drawn upon a highway except devices moved exclusively upon stationary rails or tracts. (Ord. No. 59, § 1, 7- 21 -75) ' *Cross reference— Operation of snowmobiles in parks, § 12- 33(4). Supp. No. 1 782 F PARKS AND RECREATION § 14-37 Sec. 14-35. Negotiable services4n -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 services -in -kind performed by the developer or his representatives in lieu of the neighborhood park charge shall be equal to the calculated neighborhood park charge and shall be approved by the city council. (Ord. No. 14A, § 4.06,5-16-77) Sec. 14-36. Annual resolution stating average acre acquisition and development costs. The city council 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 (100) percent 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 used 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 neigh- borhood park costs which can then be incorporated into the neighborhood park charge formula. (Ord. No. 14A, § 4.08, 5- 16 -77) 783 Sec. 14-37. Commercial, office or industrial areas. (a) For the purposes of this section, the following definitions shall apply: i Fair market value as it relates to land to be subdivided is defined as the market value of i 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 the zoning ordinance. Recreational those defined in areas means areas as chapter 18. Undeveloped land means a lot, tract or parcel of land which can be readily utilized for ' commercial, office or industrial use. (b) It is 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. (c) 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 783 § 14 -37 CHANHASSEN CITY CODE f subject to a recreational area charge in the amount established by resolution. All recreational area charges shall be paid upon issuance of the building permit for the commercial, office or industrial use. ' (d) The recreational area charge established by subsection (b) 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 New Record, or any equivalent commonly employed price index. (e) In the event the city council elects to accept 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 appropriate. (Ord. No. 14A, § 4.09, 5- 16 -77; Ord. No. 14 -B, § 2, 8 -6 -79; Ord. No. 14-4, § 1, 1 -7-80) Secs. 14-38- 14-55. Reserved. ARTICLE IV. PARK RULES* ' Sec. 14-56. Definitions. ' The following words, terms and phrases, when used in this article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: Driver means every person who drives or is in physical control of a vehicle. Drugs means any controlled substance, as defined by chapter 152 of Minnesota Statutes, the possession of which is a violation of Minnesota Statutes section 152.09. Snowmobile means any engine driven vehicle of a type which uses sled -type runners, or skis, or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated and which is designed to operate over ice or snow. Parks shall mean parks, parkways, ice skating rink, playgrounds, public accesses, recre- ation fields, recreation buildings, beaches and water surrounded by parks, including but not limited to waters adjacent to beaches, which are delineated as swimming areas by the placement of marker buoys. Vehicle means any bicycle, go -cart, minibike, motorcycle, snowmobile, recreational vehi- cle, all terrain vehicles or self - propelled instruments which carry or may carry an occupant or ' occupants upon land or water. "Vehicle" includes every device in, upon, or by which any . person or property is or may be transported or drawn upon a highway except devices moved exclusively upon stationary rails or tracts. (Ord. No. 59, § 1, 7- 21 -75) ,.. *Cross reference — Operation of snowmobiles in parks, § 12- 33(4). 784