HomeMy WebLinkAbout05-02-1989 Park Commission Minutes � ,
MINIIT$S OF THE REGIILAR ORONO PARR COMMISSION MEETING
HELD MAY 2, 1988
ATTENDANCE 7:00 P.M. -
The Park Commission met on the above date with the following
members present: Lester Kelley, James Gilbert, Virginia Sweatt,
Bruce Rokal , Alexander Vongries, and Richard Flint. Philip
Bradley and Lee Erger were absent. The following represented the
City staff: Public Works Director Gerhardson.
PARR DEDICATION FEES -
A decision will be made at the next meeting on whether to
increase the fees, by how much, and on what basis. We have the
Medina and Minnetrista f igures and John Gerhardson wi 1 1 bring
several more schedules from other towns for comparison.
WATER MILFOIL -
John Gerhardson talked to the DNR about this weed.
Apparently they are in the process of inspecting Long Lake to
confirm whether or not there is milfoil in Long Lake.
JET SRI PROBLEM - �
Each town has to adopt an ordinance covering noise and
safety problems. Long Lake has no group such as the LMCD or any
ordinance covering this. John Gerhardson has talked to the new
Long Lake Park Board Chairman, Lee Aschenbeck, and he is
interested to trying to enact an ordinance. Dick Flint will look
into Lake Minnetonka ordinances to see what is covered and how it
is covered and how it is stated.
EVALUATION OF PARR BOARD SDItVEY -
Alex Vongries went over 465 responses (17.6� of those
mailed), 82� failed to respond at all, which may reflect lack of
interest of many families in any of the recreational facilities.
Of those who did reply , the top interest was in the
nature/wildlife areas, cross country bike hike trails, cross
country ski trail and the swimming beaches. Summit Park Beach
was the most used of these. The Park Commission asked to have
the survey done to help with future plans in developing parks.
John Gerhardson will have the survey sent to the Orono Council in
time for the next meeting, May 8th, and Alex Vongries will
explain it.
ADJODRNMENT 8:25 P.M.
The regular Park Commission meeting was adjourned at 8 :25
p.m. The next meeting will be a tour of the park facilities.
The meeting will commence at 6 : 00 p.m. on June 6 , 1989 with box
lunches at the Council Chambers after the tour.
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- ���..�.<:�.,�
§ 21-392 MINNETRISTA CITY CODE _---;.- '���-�
(4) Special requirements may be imposed by the city with respect to the installation of �
public utilities, including water, sewer, and stormwater drainage;
(5) Every effort shall be made to protect adjacent residential areas from potential nui-
sance from a proposed commercial or industrial subdivision, including the provision
of extra depth in parcels backing up on existing or potential residential development
and provisions for a permanently landscaped buffer strip when necessary;
(6) Streets carrying nonresidential tr�c, especially truck traffic, shall not normally be
extended to the boundaries of adjacent existing or potential residential areas.
(Ord. No. 92, § 1(92.491(2)), 8-21-78)
Secs. 21-393-21-405. Reserved.
DIVISION 12. PARKS, PLAYGROUNDS, OPEN SPACE AND
STORMWATER HOLDING FACILITIES
Sec. 21-406. Required.
Pursuant to l�linnesota Statutes, section 462.358, subd. 2b, the city requires all subdivid-
ers as a prerequisite to approval of a final subdivision plat or development of any land
previously divided by plat, metes or bounds or any other means, to convey to the city or
dedicate to the public use for park, playground, open space, stormwater holding areas and
ponds a reasonable portion of the land being platted or developed as hereinafter specified, the
portions to be approved by the city or in lieu thereof the subdivider shall at the option of the
city pay to the city, for use in the acquisition, development or maintenance of public parks,
playgrounds or stormwater holding areas or ponds, and debt retirement in connection with
land previously acquired for such public purposes, an equivalent amount in cash based upon
the undeveloped land value. The form of contribution (cash or land, or any combination
thereofl shall be decided by the city council based upon need and conformance with the
comprehensive municipal plan.
(Ord. No. 92, § 1(92.500(1)), 8-21-78)
State law reference—Authority to require dedication of land for public use, M.S. §
462.358, subd. 2b.
Sec. 21-407. Administrative procedures.
The city council shall establish such administrative procedures as they may deem neces-
sary and required to implement the provisions of this division.
(Ord. No. 92, § 1(92.500(11)), 8-21-78)
Sec. 21-408. Dedicated land requirements.
Any land to be dedicated as a requirement of this division shall be reasonably adaptable
for the above public purposes. Factors used in evaluating the adequacy of proposed dedicated
areas shall include size, shape, topography,drainage, geology,tree cover, access and location.
(Ord. No. 92, § 1(92.500(2)), 8-21-?8) �
�
1306
� ,
SUBDIVISIONS § 21-411
� Sec. 21�09. Standards for determination.
The parks and recreation commission shall develop and recommend to the city council for
adoption standards and guidelines for determining which portion of each such development
should reasonably be required to be so conveyed or dedicated. Such standards and guidelines
may take into consideration the zoning classification to be assigned to the land to be devel-
oped,the particular use proposed for such land,amenities to be provided and factors of density
and site development as proposed by the subdivider. The parks and recreation commission
shall further recommend changes and amendments from time to time to such standards and
guidelines to reflect changes in the usage of land which may occur, changes in zoning
classifications and concepts and changes in planning and development concepts that relate to
the development and usages to which land may be put.
(Ord. No. 92, § 1(92.500(3)), 8-21-78)
Sec. 21-410. Parks and recreation commission recommendation.
The parks and recreation commission shall, in each case, recommend to the city council
the total area and location of such land that the parks and recreation commission feels should
be so conveyed or dedicated within the development for the above public purposes.
(Ord. No. 92, § 1(92.500(4)), 8-21-78)
Sec. 21-411. Minimum area of dedicated land.
C Subdividers shall be required to dedicate to the city for park,playground and other public
purposes as a minimum that percentage of gross land area or equivalent market value in cash
as set out below:
(1) ResidentiaL
The greater of:
(1) proposed dwelling
units per acre, or
(2) the Zoned density Percentage of land or
equivalent market ualue Number of acres
From But less than in cash to be dedicated per dr.velling unit
O 0 1 Q 10 or more -
0.1 0.2 See subsection(1)below More than 5
0.2 0.5 5 5
0.5 1 5 2
1 2 10 1
2 3 11 ''�
3 4 12 1/a
13 �4
4 5 1/5
5 g 14
7 15 1/5
6
(2) Commercial-IndustriaL Dedication requirements: 'h�vo and one-half(2'Fz)percent.
v
"►
�ti 1307
§ 21-411 MINNETRISTA CITY CODE �
(3) Minimum payments. In no event shall the cash payment be less than two hundred
t
fifty dollars($250.00)per dwelling unit or zoned density.
(Ord. No. 92, § 1(92.500(12)), 8-21-78)
Sec. 21-412. Development of land previously platted.
If the land has already been previously subdivided,the requirements of this division shall
apply at the time of the issuance of a building permit for the primary structure.
(Ord. No. 92, § 1(92.500(13)), 8-21-78)
Sec. 21-413. �ture subdivisions.
• Any land which is further subdivided, divided, or replatted subsequent to August 21,
1978 shall be subject to the requirements of the ordinance then in effect concerning dedication
of land for public purposes, and credit shall be given for any charges previously imposed upon
that land if the subdivider can prove that fees were previously paid. In no event shall the city
be liable for any payment which may be due because of a subsequent reduction in the
applicable percentage of land or equivalent market value in cash to be dedicated.
(Ord. No. 92, § 1(92.500(14)), 8-21-78)
Sec. 21-414. Cash contribution in lieu of lands.
(a) In those instances where a cash contribution is to be made by the subdivider in lieu of {
a conveyance or dedication of land for the above public purposes, the zoning administrator �
shall recommend to the city council the amount of cash the zoning administrator feels should
be contributed, which recommendation shall be based upon the fair market value of the
equivalent undeveloped land that would otherwise have been conveyed or dedicated.
(b) In this section fair market value means the undeveloped land value to be determined
as of the time of preliminary plat application in accordance with the following:
(1) The zoning administrator shall recommend to the city council as to the fair market
value, after consultation with the subdivider;
(2) The city council after reviewing the zoning administrator's recommendation, may
agree with the zoning administrator or the subdivider, as to the fair market value. If
agreement is not reached in this matter, then the fair market value shall be deter-
mined in accordance with one(1)of the following:
a. Fair market value as determined by the city council based upon a current
appraisal submitted to the city by the subdivider at his expense. The appraisal
� shall be made by appraisers who are approved members of SREA or MAI, or
equivalent real estate societies;
b. If the city disputes such appraisal amounts, it may obtain an appraisal of the
property by a qualified real estate appraiser whom the city council selects and,
which appraisal may be accepted by the city as being an accurate appraisal at
S fair market value. The cost of the appraisal shall be paid by the subdivider. �
;`
1308
SUBDNISIONS § 21-417
(3) The determination of fair market value of the undeveloped land by the zoning
administrator, city council, or designated appraisers, shall be determined as of the
time of preliminary plat application as long as there is final plat approval within the
time limits as set forth in this chapter. The time of preliminary plat approval is
utilized because the nature of the subdivision, its probable population, lot size, and
other relevant factors are known. If an extension on the time limits in this chapter is
approved by the city council,the fair market value shall be determined as of the time
of the approval of that extension. In determining the fair market value as of time of
preliminary plat application, or the extension thereof, the factors to be included in
the analysis shall include any and all factors which are generally accepted and used
by approved members of SREA or MAI or equivalent real estate appraisal societies.
(Ord. No. 92, § 1(92.500(5),(6)), 8-21-78; Ord. No. 97, §§ 1, 2, 6-18-79)
State law reference—Cash contributions in lieu of land, M.S. § 462.358, subd. 2b.
Sec. 21-415. Lands designated for public use on official map or comprehensive land
use plan.
Where a proposed park, playground or other recreational areas, proposed school site,
stormwater holding areas, ponds, or other public ground that has been indicated in the
comprehensive municipal plan is located in whole or in part within a proposed subdivision,
such proposed public site shall be designated as such and should be dedicated to the city,
school district, or other proper governmental unit. If the subdivider chooses not to dedicate an
area in excess of the land required under this section hereof for such proposed public site, the
city council shall not be required to act to approve or disapprove the plat of the subdivision for
a period of ninety (90) days after the subdivider meets all the provisions of this chapter in
order to permit the city council, school board, or other appropriate govemmental unit to
consider the proposed plat and to take the necessary steps to acquire, through purchase or
condemnation, all or part of the public site proposed under the comprehensive land use plan or
similar master plans.
(Ord. No. 92, § 1(92.500(7)), 8-21-78)
Sec. 21-416. Density and open space requirements.
Land area so conveyed or dedicated for the above public purposes and/or its cash equiva-
lent may not be used by a subdivider or owner as an allowance for purposes of calculating the
density requirements of the development as set out in chapter 23 and shall be in addition to
and not in lieu of open space requirements for planned unit developments, open space ease-
ments, drainage, conservation and flowage easements, utility and road easements.
(Ord. No. 92, § 1(92.500(8)), 8-21-78)
Sec. 21-417. Credit for private open space.
Where private open space for park and recreation purposes is provided in a proposed
subdivision and:�uch space is to be privately owned and maintained by the future residents of
� the subdivision, such areas may be used for credit at the discretion of the city council against
1309
§ 21-417 MINNETRISTA CITY CODE �
the requirement of dedication for public purposes, provided the city council finds it is in the
public interest to do so and that the following standards are met:
(1) That yards, court areas, setbacks and other open space required to be maintained by
chapter 23 shall not be included in the computation of such private open space; and
(2) That the private ownership and maintenance of the open space is adequately pro-
vided for by written agreement; and
(3) That the private open space is restricted for park and recreation purposes by recorded
covenants which run with the land in favor of the future owners of property within
the tract and which cannot be eliminated without the consent of the city council; and
(4) That the proposed private open space is reasonably adaptable for use for park and
recreation purposes, taking into consideration such factors as size, shape, topogra-
phy, geology, drainage, access, and location of the private open space land; and
(5) That facilities proposed for the open space are in substantial accordance with the
provisions of the recreational element of the comprehensive land use plan, and are
approved by the city council; and
(6) That where such credit is granted, the amount of credit shall not exceed twenty-five
(25)percent of the amount calculated in section 21-411.
(Ord. No. 92, § 1(92.500(9)), 8-21-78) j"
�
Sec. 21-418. F�nding,accounting,budgeting,ezpenditure of cash in lieu of lands.
The city council shall establish a separate fund into which all cash contributions received
from subdividers in lieu of conveyance or dedication of land for park, playground, and other
public purposes shall be deposited. The city council shall establish separate budgeting and
accounting procedures for such fund and shall make from time to time appropriations from
such fund for acquisition of land for park,playground purposes and other public purposes,for
developing existing park and playground sites or for debt retirement in connection with land
previously acquired for parks,playgrounds and other public purposes.
(Ord. No. 92, § 1(92.500(10)), 8-21-?8)
State law reference—Mandatory provisions, M.S. $ 462.358, subd. 2b.
E
['The next page is 1361)
1310
.�;;:�
rq:'., »pj .
-��j::�;�� § 462.377 t�[.��v�v[tiTc:. zo�v[ti�c � . .
��'�'c:�'� Note 5 I L.1ti\I\G, 'l,Oti
:' '•y-._
`��"�"�``;2 less circumscribed by judicial oversight when it G. Dtulti-family uses
"r�'�:'-%�-� � � a�;ricultural lanr
;,`L�-;�;_, considers zonin�; or rezon�ng than when it com ht.S.A. §y 245.51;,, subd. 4 and �f...3�7, subd. families of all incr�,.
�. ,� �.� siders a special use permit or variance. Honn v. 8 permit residential facilities licensed bt' Depart-
, City of Coon Rapids, 1981, 313 N.�V.2d 409. ment of Human Services and housin� between ��'��'�t;�, �torm dr..
:/.:f!�:.:�
���`>"-'�:'� S[andard of review of rezonin matters �S seven to 1G persons to occupy lawful noncocr facilitie�, a munici
'��'�-�� whether the classification is reasonably related forming multi-family uses in districts zoned as ;�tndarGs, require:'
;?�&r'1�r, sin�;te familv and local zoninq authority may� not subdivi3ions. The
w;.; <� to promotion of public health, safety, morals or
;�����t restrict facility to Iess than 16 persons. Op.
�`�;�, general welfare. Id. applicabla onit' to.
�``�.
Atty.Gen. No. 4776-3d, April 2:i, 19S5. uniform for e3ch c:
� �.�%+� Tria! court properly relied on statutory classi-
` '�'`� fication of rou home as a sin rle-famil use for 7• Estoppel
b P 6 Y A municipalit}• Ii�:
�44 zoning purposes and its denial of a temporary In property owner's prosecution for city zon- uninCorporated terr
injunction against construction of group home �ng ordinance violation involving construction of
x��Y was not an abuse of discretion. Costley v. Caro- �uilding for storage of construction equipment town «•hich has a
�.=��, on his property, trial court erred in ruling that noncontiguous muc.
min House, Inc., 1981, 313 N.W.2d 21. pp g rized to control ttie
.:�y�t city could not be esto ed from enforcin its :
City council's amendment of zoning ordinance zoning ordinance as matter of law; thus, proper- �'
with respect to a single 1.18 acre tract of land ty owner, who alleged that city building depart- r Subd. 2. Repeal
involved a legislative judgment, and thus was ment employees knew of building's intended use `
- y- subject to review under the narrow scope of but had approved its construction nevertheless, ;� Subd. 2a_ Term
�, judicial review applicable to action in legislative µ'� entitled to evidentiary hearing on estoppel may address �vitho
capacity, despite contention that such rezoning claim; calling into doubt Fr¢nk's Nursery � structures, public a:
should be subject to close judicial scrutiny as an S¢les, Inc. v. City of Roseville, 295 N.W.2d 604 :� storm drainage, lig
administrative or quasi-judicial act State, by S¢�e, 349 N.Wk2d 575e(M nn App.). Statz design of sites; ac
Rochester Ass'n of Neighborhoods v. City of City of Eden Prairie v. Liepke, App.1987, 403 � P�ains, shore lands,
Rochester, 1978, 268 N.W2d 885. N.W2d 252. - � features. The regt
In order to successfully challenge a city coun- Evidence that town board gave fur farmer '� pality's official ma�.
cil decision when it acts within its legislative applying for specia] use permit additional time � with other offiCial
capacity,proof must be submitted to affirmative- and opportunity to attempt to control obnoxious : certain classes or k
ly establish either an unconstitutional taking or odors emanating from fur farm, and that fur. '. comprehensive plar
an action in excess of the powers delegated to farmer was issued building permit for construc- ' agricultural lands.
the legislative body. Czech v. City of Blaine, tion of permanent housing for the animals and � purpose of protecti.
1977, 312 Minn. 535, 253 N.W.2d 272. conshvcted fences and covering for animals in .= The regulations ma
response to town board's requests that fur farm- ' develo ment for
When city council acts on a rezoning applica- tt�
tion, it exercises a legislative power.and judicial er control odor did not render ultimate denial of P
review is narrow. Id. fur farmer's application for special use permit to mined undergrot
raise fur bearing animals so highly inequitable ; access thereto. 'i..
Failure of governing body to record contempo- and unjust, therefore unreasonable and arbi- tracts, lots, or parc
raneously the facts and legally sufficient rea- trary, as to -estop town board fmm denying `° The regulations ma-
sons for its denial of special-use permit consti- special use permit Rockville Tp. v. Lang, App. .. and installation of s
tutes a prima facie showing of arbitrariness in 1986, 38? N:W.2d 260. � utilities and improvc
the denial. Holasek v. Village of Medina, 1975, 8 K,�dth of build;ngs . deposit, certified ch�
303 Minn. 240, 226 N.W.2d 900. •' ' •
Provision of subd. 1 of this section giving and conditions suff:
Where nothing more appears than that the municipality authority to regulate width of build- : �vill be constructed
council denied the application of a special-use ings granted city authority to regulate width of :' regulations may per
permit after hearing before and upon recommen- mobile homes and residential structures for pro- ` requirements reaso
dation of its planning commission, there is no tection of pmperty 'values. City of Bemidji v. development contra<
sufficient evidentiary basis for court to infer Beighley, App.1987, 410 N.W.2d 338.
that the counciPs action was reached upon a may enforce such a;
consideration of the facts and was based upon 9. Procedural requirements
Zonin ordinance on width of residential struc- . Subd. 2b. Dedic
reason rather than upon the mere individual g
whim of the council members. Id. - tures was not adopted pursuant to this sectiods : proposed subdivisio
Where.reasonableness of zonin ordinance is required prceedures;where no notice was given .I roads, sewers, elect
g for public hearing, where no public hearing was. or-ponds and simila
debatabie or where opinions differ as to desira- held, and where city council acted on ordinance.
bility of restriction it imposes, courts aze not to without waiting for planning commission report In addition, the r
interfere with legislative discretion. FYeeborn or lapse of 60 days.from date that amendment .; subdivision be dedic
County v. Claussen, 1972, 295 Minn. 96, 203 was submitted to commission. City of Bemidji v. . trdils, or open sp4
N.W.2d 323. Beighley, App1987, 410 N.W.2d 338. equivalent amount i;
dedicated to such pt
�62.358. Procedure for plan effectuation; subdivision regulations• . - later than at the tin.
Subd. 1. Repealed by'Iaws 1980, c. 566, § 35. a special fund by t}.
obtained, (c) in esta
Subd. la. Authority. To protect and promote the public health, safety, and general . consider the open :
welfare, to pro��ide for the orderly, economic, and safe development of land, to preserve applicant proposes
130
- I � . , � .. . �, � � ' � tr
, 6�.
L
�
§ �6Z.37S r ,
PL:�NNING. '/,O\ING YL�Nv[NG. '/,O�[tiG ���� �
i' E�
;y ��es agricultural land�, to promotc the a��ail3bility of housing affordable to persons and ;;; ;
subd. 4 and 4G2.3�7, subd. familics of all income levels, aiid to facilitate adequate pro�•ision for transportation, water, ��' ;
u,... facilities licensed b}� Depart- ��,��.,��� �torm drainai;e, schouls, parks, playgrounds, and other public services and
n Services and housing bet.��een faciliti�s, a niunicipality tnay by ordinance adopt subdivi'sion rebulations establishin ;�� �:
�rsons to occupy lawful noncon- !;,' '
amily uses in distric�s zoned as st�indards, requirements, and procedures for the i•eview and approval or disapproval of
,d local zon;ng authority may not subdivisions. The regulations may contain varied provisions respecting, and be made
to less than 16 persons. Op. ,ipE�licable only to, certain classes or kinds of subdivisions. The regulations shall Ue
4i7b-34, April 25, 198a. uniform for each class or kind of subdivision. !��� •
A municipality ma�by resolution extend ttie application of its subdivision regulations to :;�;
owner's prosecution for city zon- unincorporated territory located �vithin two miles of its limits in an}� direction but not in a ;4, ,
riolation involving construction of '?: :
;,orage of construction equipment to«•n which has adopted subdivision regulations; provided that where two or more {.
.y, tria► court erred in rul;ng that noncontiguous municipalities have boundaries less than four miles apart, each is autho- ;�;-�
c be estopped from enforcing its rized to control the subdivision of land equal distance from its boundaries within this area. ;.�', .
nce as matter of law; thus,proper- Subd. 2. Repealed by Laws 1980, c. 566, § 35. �' .
o alleged that city building depart- _
�es knew of bui l ding's in t en de d use Subd. 2a. Terms o f regu la tions. T h e s t a n d a r d s a n d r e q u i r e m e n t s i n t h e r e gulations
roved its construction neverthetess, may address without limitation: the size, location, grading, and improvement of lots,
to evidentiary hearing on estoppel
zg into doubt Frank's Nurse�ry structures, public areas, streets, roads,trails, walkways, curbs and gutters, water supply, 7`,
. City of Roseville, 295 N.W.2d 604 storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and j. ;:
or Lake Aggregates, Inc. v. City of :` design of sites; access to solar energy; and the protection and conservation of flood
! N.W.2d 575 (Minn.AppJ. State, plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic
� Prairie v. Liepke, App.1987, 403 features. The regulations shall require that subdivisions be consistent with the munici-
= pality's official map if one exists and its zoning ordinance, and may require consistency _
that town board gave fur farmer � �vith other officiai controls and the comprehensive plan. The regulations may prohibit ,
• special use perm�t additional time certain classes or kinds of subdivisions in areas where prohibition is consistent with the�
�ity to attempt to control obnoxious
�ting fmm fur farm, and that fur , comprehensive plan and the purposes of this section, particularly the preservation of
ssued building permit for construc- ` agricultural lands. The regulations may prohibit, restrict or control development for the '
sanent housing for the animals and � purpose of protecting and assuring access to direct sunlight for solar energy systems. ;
fences and covering for animals in ,� The regulations may prohibit, restrict, or control surface, abo.ve surface, or subsurface � ;
rAwn board's requests that fur farm- ,� development for the purpose of protecting subsurface areas for existing or potential
dor'=a not render uitimate denial of � mined underground space development pursuant to sections 472B.03 to 472B.07, and
�a. tion for special use permit to access thereto. The regulations may prohibit the issuance of building permits for any
,an._o enimals so highlp inequitable
therefore unreasonable and arbi- ' tracts, lots, or parcels for which required subdivision aQproval has not been obtained.
� estop town board fmm denying The regulations may permit the municipality to condition its approva] on the construction {
�ern,;t, R,ockville Tp. v. Lang, App. : and installation of sewers, streets, electric, gas, drainage, and water facilities,�and similar j �
W.2d 200. utilities and improvements or, in lieu thereof, on the receipt by the municipality of a casli
:buitdings deposit, certified check, irrevocable letter of credit, or bond in an amount-and with surety
of subd. 1.of this secdon giving ; and conditions sufficient to assure the municipality that the utilities and improvements• j .
authority to regulate width of build- will be constructed or installed according to the specifications of the municipality. The ;
city authority to regulate width of ' regulations may permit the municipality to condition its approval on compliance with other
�
s and residential structures for pro- requirements reasonably related to the provisions of the regulations and to execute
�roperty 'values. City of Bemid�i v. �' development contracts embodying the terms and conditions of approval. The municipality
yp.1987, 410 N.W2d 338. may enforce such agreements and conditions by appropriate legal and equitable remedies.
ral requirements �
;inance on width of residential struo- � Subd. 2b. Dedication. The regulations may require that a reasonable portion of any
�t adopted pursuant to this section's proposed subdivision be dedicated to the public or preserved for public use as streets, ,�
cedures;where no notice was given '� roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas
�ring,where no public hearing was. '� or ponds and similar utilities and improvements. .
,ere city council acted on ordinance � In addition, the regulations may require that a reasonabie portion of any proposed
ing for planning commission report ,� subdivision be dedicated to the public or preserved for public use as parks, playgrounds,
i0 days from date that amendment
ad to commission. City of Bemidji v. trails, or open space; provided that (a) the municipality may choose to accept an
�p.1987, 410 N.W2d 338_ � equivalent amount in cash from the applicant for part or all of the portion required to be i
'•� dedicated to such public uses or purposes based on the fair market value of the land no ;
'�� later than at the time of final approval, (b) any cash payments received shall be placed in i
regulations � �
a special fund by the municipality used only for the purposes for which tl-�e money was �
f obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may �i
znlic health, safety, and general .� consider the open space, park, recreational, or common areas and facilities which the �
�velopment of land, to preserve ' w applicant proposes to reserve for t he su b division, and (d) the municipality reasonably
,f 131 �y
�. '�
.� '�i
,
� y
�*{ �w� � ;1 t e n .n.� �nr.u-- t er Tt�t�...�-�,�sR��Jf�`�`t.�:�.
y '�„ i . i� � . ��� 4��il}:. � 2tyt.. ��r � ��}i��� � �i t�. [ t`r t.. r� S. LI Zf� ��-.'t� �j� (�j;E } �:
`.,d. . :. � 2fi ��.• -�r'��a; �t�� o�.�'Y-;Y,l ��.� v�rri �� � ..p t� f�n��.2 i � j ��. I � � r
#�� :
� � � },,,�'�y . ��'`st'i�, +`'�p'.J] a�g. ,ti r .:.4V4 F- .,,.�,. 5a�. • ay �'.� �'� i� �� 1t1. �1y'� 4 t � i U�f �-r . t ' - w`�.-. hrf .. .-
�� ��� �` t'� -,1`+'� r ur �+�,s�. �Y,%Y•��ly �,a�rf`F��r . ,�.��,, v I' 3 �7".�ti7 + � _ �yi Y . �..:y�,r r�7�� r, t
'�=.' '-s'1t. �t`�t � '�e k. § �. �L,.�.i• �.cu. �r.v�,�k.i:. '�' " �t.� � irt�q�i t. j� � n + i �`�
�w�' .� ���%���r.y`1tj.� $�'Q,v��im��y���w�����.r L �.hAf j�.Cw �2 f, } '}� _ .� t! �n } i
r=��,��w.�4.C��r.-�J,������ Gti,�yy,. �„7 '�`.�: } 7. wyiy<0.y��t Lr� T.� .-.Al i >; � 1�'�' � t�t � ,-.i
� �J" �n"h?Y'Yl y�s a 5 r r�� 4 21 '9 a� n++'!-$f we, _ t� � t ^� '�( 1 (
• `cc,`St J... F ��r 1 .. ,1 C� .. y� .�• fn J, ..t � ..
��`y:.`tY'.e 1f ..-?°�F�,4 h.:� .. y) ' t ,!,. 5 _.i t. .1 , . 1
�p �l'�F-r^1,.�t�:,N+'°t. �r k7�'a bi'�5.� �a. �,�„1_J' '�>> 4t�n ��r•5 +� Y 'w a� ��1t v�:
�fl"Jlti..3'?��'4} L.h, G��� 9' T ";,'�. � ; .. . . .
k . •`! x,y . �t
�r�.'i�i....;�V ��q•i .:ctf.;"^%yP'>' `'K�1 e Fr .i,,S , }.�R,� .. ...y ,,T.�. . � . . . .. � , .. . .'. . . . ..
'_I.: � . ,._ ... ... ....,. .� .. ... . . . ..... .... .. . . . ...
���i
;,,
PLANNING, ZONING § 462.3�g ' � '
NNING, ZONING �.
Subd. 4a. Disclosure by seller; buyer's action for damages. A person conveying a 'k�
�oses stated in this new parcel of land which, or the plat for which, has not previously been filed or recorded, !�
and which is part of or would constitute a subdivision to which adopted municipal �;�:
subdivision regulations apply, shall attach to the instrument of conveyance either: (a) i�'
ision creating par- recordable certification by the clerk of the municipality that the subdivision regulations do 1,
not apply, or that the subdivision has been approved by the governing body, or that the i"
�at all subdivisions restrictions on the division of taxes and filing and recording have been waived by
ss in size shall be �' �
ipter 505 but may resolution of the governing body of the municipality in this case because compliance will �: �
create an unnecessary hardship and failure to comply will not interfere with the purpose !
of the regulations; or (b) a statement which names and identifies the location of the '
aions regarding the appropriate municipal offices and advises the grantee that municipal subdivision and
d final review and zoning regulations may restrict the use or restrict or prohibit the development of the ��
such reviews with parcel, or construction on it, and that the division of taxes and the filing or recording of �
ay provide for the the conveyance may be prohibited without prior recordable certification of approval,
pproval of subdivi- - nonapplicability,or waiver from the municipality. In any action commenced by a buyer of
�arts of subdivision such a parcel against the seller thereof, the misrepresentation of or the failure to disclose
v proposals to the �y material facts in accordance with this subdivision shall be grounds for damages. If the
'ne decision of the ` buyer establishes a right to damages, a district court hearing the matter may in its
�v or charter. The ; discretion also award to the buyer an amount sufficient to pay all or any part of the costs
Gvision applications � incurred in maintaining the action, inciuding reasonable attorney fees, and an amount for
irter. The hearing ' punitive �damages not exceeding five per centum of the purchase price of the land.
�reof in the official gubd. 4b. Restrictions on filing and recording conveyances. In a municipality in
iearing, all persons ryhich subdivision regulations are in force and have been filed or recorded as provided in
�division applica.tion this section, no conveyance of land to which the regulations are applicable shail be filed or
ving delivery of an recorded, if the land is described in the conveyance by metes and bounds or by reference
the applicant to the � an unapproved registered land survey made after April 21, 1961 or to an unapproved
agreed to by:the plat made after such regulations become effective. The foregoing provision does not
the municipality do apply to a conveyance if the land described: . ,�
311 within ten days
►ly to the particular (1) was a separate parcel of record April 1; 1945 or the date of adoption of subdivision
� regulations under Laws.1945, Chapter 287, whichever is the later, or of the adoption of
ails to preliminarily, subdivision regulations pursuant to a home rule charter, or. ,. , ,: ;;-:
a p plication shall be (2) was the subject of a written agreement to convey entered into prior to such time,
ty shall execute a (3);was a separate parcel of.not less than 2-1/2 acres in area;and 150.feet w width on
it may request final January 1, 1966, or: . :--: :;:_ .. . _ _.; _ :, - . ... „-_.
y shall.certify final. (4) was a separate parcel of not less than �ve acres in area and 300-feet m width on
�s.and i�eguirements July 1;,1980„or .�>,` :� : � :.: . _.--�< .:;� _ ; .':' �.; ::.;,�
�ich;the prelimuiary� : . _ ... , ..,,�.... �
execut�on.of:appro- {5)'is a�single.parcel of commercial nr�industrial land of not•less than five acres and
ils`to .certify__final � �having a width of not less than 300 feet and its coriveyance dces�not iesult in the division
all conditions and of the�parcel into two'or more lots,or parcels, any one of which,is,.less than five acres_in
i upon��emand the area or 300 feet.in'width, or "' " " , � � � � �
proval a subdivision ` (6) is a single pazcel of.residential.or agricultural land of not less than`20 acres:and j'
�� having a width of not less than-.500 feet and its conveyance does not result in tlie.division �
�ing prehminary,ap- of the parcel into�-two or more lots or parcels, any one of which is less than 20 acres in �
ider and the munici- �' area or 500 feet in'width ,�-" . . . , :'. ;
�fficial control shall In any case in which compliance with the foregoing restrictions will cieate an unneces-
ut, or dedication or ` sary hardship and failure to comply does not interfere with the purpose of.the subdivision ;
:ter, pursuant to its regulations,the platting'authority may waive such compliance by adoption of a resolution j-
h the.subdivider and to that effect and the conveyance may then be filed or recorded.•: Any owner or agent of
, or it may require� the owner .of land.�who conveys a lot or parcel in:violation of •the provisions of. this
and investment has . subdivision'shall forfeit and'pay to the municipality a penalty of not less than$100 for
zbdivider will suffer. each lot or parcel so conveyed. A municipality may enjoin such conveyance'`or-may
� to submit_a;new recover such penalty by a civil action in any court of competent jurisdiction. '
ataged development, - gubd. 5. _Perniits. -Except'as otherwise provided by this section all electric and gas
ferred to herein for distribution lines or piping, roadways, curbs, walks and other similar improvements shall
i be reasonable and: be constructed only on a street, alley, or other public way or easement .which is
�� � designated on an approved plat, or properly indicated on the official map of the
:. � _ . _ _ .. 133
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MINNETRISTA CITY CODE —�-=",�`q�--=H-�''-'
§ 21-392 -
(4) Special requirements may be imposed by the city with respect to the installation of t
public utilities, including water, sewer, and stormwater drainage;
(5) Every effort shall be made to protect adjacent residential areas from potential nui-
sance from a proposed commercial or industrial subdivision, including the provision
of extra depth in parcels backing up on existing or potential residential development
and provisions for a permanently landscaped buffer strip when necessary;
(6) Streets carrying nonresidential traffic, especially truck traffic, shall not normally be
extended to the boundaries of adjacent esisting or potential residential areas.
(Ord. No. 92, § 1(92.491(2)), 8-21-78)
Secs. 21-393-21-405. R.eserved.
DIVISION 12. PARKS, PLAYGROUNDS, OPEN SPACE AND
STORMWATER HOLDING FACILITIES
Sec. 21-406. Required.
Pursuant to �Vlinnesota Statutes, section 462.358, subd. 2b, the city requires all subdivid-
ers as a prerequisite to approval of a final subdivision plat or development of any land
previously divided by plat, metes or bounds or any other means, to convey to the city or
dedicate to the public use for park, playground, open space, stormwater holding areas and
ponds a reasonable portion of the land being platted or developed as hereinafter specified,the
portions to be approved by the city or in lieu thereof the subdivider shall at the option of the
city pay to the city, for use in the acquisition, development or maintenance of public parks,
playgrounds or stormwater holding areas or ponds, and debt retirement in connection with
land previously acquired for such public purposes, an equivalent amount in cash based upon
the undeveloped land value. The form of contribution (cash or land, or any combination
thereofl shall be decided by the city council based upon need and conformance with the
comprehensive municipal plan.
(Ord. No. 92, § 1(92.500(1)), 8-21-78)
State law reference—Authority to require dedication of land for public use, M.S. §
462.358, subd. 2b.
Sec. 21-407. Administrative procedures.
The city council shall establish such administrative procedures as they may deem neces-
sary and required to implement the provisions of this division.
(Ord. No. 92, § 1(92.500(11)), 8-21-78)
Sec. 21�08. Dedicated land requirements.
Any land to be dedicated as a requirement of this division shall be reasonably adaptable
for the above public purposes. Factors used in evaluating the adequacy of proposed dedicated
areas shall include size, shape,topography, drainage, geology, tree cover, access and location.
(Ord. No. 92, § 1(92.500(2)), 8-21-?8) �
�
1306
SUBDIVISIONS § 21-411
Sec. 21�09. Standards for determination.
The parks and recreation commission shall develop and recommend to the city council for
adoption standards and guidelines for determining which portion of each such development
should reasonably be required to be so conveyed or dedicated. Such standards and guidelines
may take into consideration the zoning classification to be assigned to the land to be devel-
oped,the particular use proposed for such land,amenities to be provided and factors of density
and site development as proposed by the subdivider. The parks and recreation commission
shall further recommend changes and amendments from time to time to such standards and
guidelines to reflect changes in the usage of land which may occur, changes in zoning
classifications and concepts and changes in planning and development concepts that relate to
the development and usages to which land may be put.
(Ord. No. 92, § 1(92.500(3)), 8-21-78)
Sec. 21-410. Parks and recreation commission recommendation.
The parks and recreation commission shall, in each case, recommend to the city council
the total area and location of such land that the parks and recreation commission feels should
be so conveyed or dedicated within the development for the above public purposes.
(Ord. No. 92, § 1(92.500(4)), 8-21-78)
Sec. 21-411. Minimum area of dedicated land.
Subdividers shall be required to dedicate to the city for park,playground and other public
purposes as a minimum that percentage of gross land area or equivalent market value in cash
as set out below:
(1) ResidentiaL
The greater of:
(1) proposed dwelling
units per acre, or
(2) the zoned density Percentage of land or
equivalent market ualue Number of acres
From But less than in cash to be dedicated per dr.uelling unit
0 0.1 0 10 or more �
0.1 0.2 See subsection(1)below More than 5
0.2 0.5 5 5
0.5 1 5 2
1 2 10 1
2 g I1 '�
3 4 12 `�
4 5 13 1/4
5 g 14 1/5
6 7 15 1/5
(2) Commercial-IndustriaL Dedication requirements: Two and one-half(2'f�)percent.
�
�-- 130?
§ 21-411 MINNETRISTA CITY CODE �
(3) Minimum payments. In no event shall the cash payment be less than two hundred
�
fifty dollars($250.00)per dwelling unit or zoned density.
(Ord. No. 92, § 1(92.500(12)), 8-21-78)
Sec. 21-412. Development of land previously platted.
If the land has already been previously subdivided,the requirements of this division shall
apply at the time of the issuance of a building permit for the primary structure.
(Ord. No. 92, § 1(92.500(13)), 8-21-78)
Sec. 21-413. Future subdivisions.
• Any land which is further subdivided, divided, or replatted subsequent to August 21,
1978 shall be subject to the requirements of the ordinance then in effect concerning dedication
of land for public purposes, and credit shall be given for any charges previously imposed upon
that land if the subdivider can prove that fees were previously paid. In no event shall the city
be liable for any payment which may be due because of a subsequent reduction in the
applicable percentage of land or equivalent market value in cash to be dedicated.
(Ord. No. 92, § 1(92.500(14)), 8-21-78)
Sec. 21-414. Cash contribution in lieu of lands.
(a) In those instances where a cash contribution is to be made by the subdivider in lieu of (
a conveyance or dedication of land for the above public purposes, the zoning administrator �
shall recommend to the city council the amount of cash the zoning administrator feels should
be contributed, which recommendation shall be based upon the fair market value of the
equivalent undeveloped land that would otherwise have been conveyed or dedicated.
(b) In this section fair market value means the undeveloped land value to be determined
as of the time of preliminary plat application in accordance with the following:
(1) The zoning administrator shall recommend to the city council as to the fair marliet
value, after consultation with the subdivider;
(2) The city council after reviewing the zoning administrator's recommendation, may
agree with the zoning administrator or the subdivider, as to the fair market value. If
agreement is not reached in this matter, then the fair market value shall be deter-
mined in accordance with one(1)of the following:
a. Fair market value as determined by the city council based upon a cunent
appraisal submitted to the city by the subdivider at his espense. The appraisal
shall be made by appraisers who are approved members of SREA or MAI, or
equivalent real estate societies;
b. If the city disputes such appraisal amounts, it may obtain an appraisal of the
property by a qualified real estate appraiser whom the city council selects and,
which appraisal may be accepted by the city as being an accurate appraisal at
fair market value. The cost of the appraisal shall be paid by the subdivider. �
\
1308
SUBDIVISIONS § 21-417
;
(3) The determination of fair market value of the undeveloped land by the zoning
administrator, city council, or designated appraisers, shall be determined as of the
time of preliminary plat application as long as there is�nal plat approval within the
time limits as set forth in this chapter. The time of preliminary plat approval is
utilized because the nature of the subdivision, its probable population, lot size, and
other relevant factors are known. If an extension on the time limits in this chapter is
approved by the city council,the fair market value shall be determined as of the time
of the approval of that extension. In determining the fair market value as of time of
preliminary plat application, or the extension thereof, the factors to be included in
the analysis shall include any and all factors which are generally accepted and used
by approved members of SREA or MAI or equivalent real estate appraisal societies.
(Ord. No. 92, § 1(92.500(5), (6)), 8-21-78; Ord. No. 97, §§ 1, 2, 6-18-79)
State law reference—Cash contributions in Iieu of land, M.S. § 462.358, subd. 2b.
Sec. 21-415. Lands designated for public use on official map or comprehensive land
use plan.
Where a proposed park, playground or other recreational areas, proposed school site,
stormwater holding areas, ponds, or other public ground that has been indicated in the
comprehensive municipal plan is located in whole or in part within a proposed subdivision,
� such proposed public site shall be designated as such and should be dedicated to the city,
school district, or other proper governmental unit.If the subdivider chooses not to dedicate an
area in excess of the land required under this section hereof for such proposed public site, the
city council shall not be required to act to approve or disapprove the plat of the subdivision for
a period of ninety (90) days after the subdivider meets all the provisions of this chapter in
order to permit the city council, school board, or other appropriate govemmental unit to
consider the proposed plat and to take the necessary steps to acquire, through purchase or
condemnation, all or part of the public site proposed under the comprehensive land use plan or
similar master plans.
(Ord. No. 92, § 1(92.500(7)), 8-21-78)
Sec. 21-416. Density and open space requirements.
Land area so conveyed or dedicated for the above public purposes and/or its cash equiva-
lent may not be used by a subdivider or owner as an allowance for purposes of calculating the
density requirements of the development as set out in chapter 23 and shall be in addition to
and not in lieu of open space requirements for planned unit developments, open space ease-
ments, drainage, conservation and flowage easements, utility and road easements.
(Ord. No. 92, § 1(92.500(8)), 8-21-?8)
Sec. 21-417. Credit for private open space.
Where private open space for park and recreation purposes is provided in a proposed
; subdivision and>uch space is to be privately owned and maintained by the future residents of
�ti the subdivision, such areas may be used for credit at the discretion of the city council against
1309
§ 21-417 MINNETRISTA CITY CODE �
the requirement of dedication for public purposes, provided the city council finds it is in the
public interest to do so and that the following standards are met:
(1) That yards, court areas, setbacks and other open space required to be maintained by
chapter 23 shall not be included in the computation of such private open space; and
(2) That the private ownership and maintenance of the open space is adequately pro-
vided for by written agreement; and
(3) That the private open space is restricted for park and recreation purposes by recorded
covenants which run with the land in favor of the future owners of property within
the tract and which cannot be eliminated without the consent of the city council; and
(4) That the proposed private open space is reasonably adaptable for use for park and
recreation purposes, taking into consideration such factors as size, shape, topogra-
phy, geology, drainage, access, and location of the private open space land; and
(5) That facilities proposed for the open space are in substantial accordance with the
provisions of the recreational element of the comprehensive land use plan, and are
approved by the city council; and
(6) That where such credit is granted, the amount of credit shall not exceed twenty-five
(25)percent of the amount calculated in section 21-411.
(Ord. No. 92, § 1(92.500(9)),8-21-78) [
t
Sec. 21-418. Funding,accounting,budgeting,expenditure of cash in lieu of lands.
The city council shall establish a separate fund into which all cash contributions received
from subdividers in lieu of conveyance or dedication of land for park, playground, and other
public purposes shall be deposited. The city council shall establish separate budgeting and
accounting procedures for such fund and shall make from time to time appropriations from
such fund for acquisition of land for park,playground purposes and other public purposes,for
developing existing park and playground sites or for debt retirement in connection with land
previously acquired for parks, playgrounds and other public purposes.
(Ord. No. 92, § 1(92.500(10)), 5-21-78)
State law reference—Mandatory provisions, M.S. § 462.358, subd. 2b.
. �
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['The next page is 1361]
1310
Medina City Code 820 . 29 , Subd. 3 (c)
Subdivision Regulations Park Dedication
(c) Side Lot Lines . Side lines of lots shall be
substantially at right angles to straight street lines or radial
to curved street Iines .
(d) Lots . Shall be graded so as to provide drainage
away from building locations .
(e) Natural Features. In the subdividing of any land,
due regard shall be shown for all natural features, such as tree
growth, wetlands , steep slopes , water courses , historic spots , or
similar conditions , and plans adjusted to preserve those which
will add attractiveness , safety and stability to the proposed
development.
(f) Lot Remnants . Al1 remnants of lots below minimum
size left over after subdividing of a larger tract must be added
to adjacent lots rather than allowed to remain as unusable
parcels.
(g) Double Fronta e Lots. Double frontage (lots with
frontage on two para lel streets or reverse frontage shall not
be permitted except:
(i) Where lots back on an arterial street in
which case vehicular and pedestrian access between the lots
, and arterial street shall be prohibited. Such double-
frontage lots shall have an additional depth of at least 20
feet in order to allow space for screen planting along the
back lot line.
(ii) Where topographic or other conditions render sub-
dividing otherwise unreasonable. Such double-frontage lots
shall have an additional depth of at least 20 feet in order
to allow space for screen planting along the back lot line.
(h) Location. Al1 lots shall abut their full frontage
on a street .
820 . 31 . Park Dedication and Open Spaces . In every subdivision
of land allowing development for residential , commercial or
industrial uses , a reasonable portion of such land, not to exceed
ten percent, shall be dedicated by the owners to the City for
parks, playgrounds , trails , public open space, storm water
drainage , storm water holding areas , ponds , and similar utilities
and improvements . Said land shall be suitable for public use for
one or more of the afore-described purposes and the City shall
not be required to accept land which is not suitable , or which
would require extensive public expenditures to be made useable .
The City shall have the option to require a cash contribution in
lieu of dedicatior. or to require a portion of the land and a cash
contribution in lieu of the balance thereof. Any cash contribu-
tion so paid to the City shall be placed in a fund and used only
' for the ac�uisition, development and maintenance of facilities
designed or used for one or more of the afore-described purposes .
Medina City Code 820 . 31
Subdivision Regulations Drainage
Any cash contribution in lieu of land shall be based upon the
fair market value oi the land being subdivided. Fair market
value is defined as the market value of the land within the
subdivision on the date presented to the City Council for final
approval, as determined by an appraiser chosen by the City. In
determining fair market value the appraiser shall not consider
that the land has been, or is about to be subdivided.
820 . 33 . Tree Removal and Conservation of Vegetation. Al1
subdivisions shall be planned, designed, constructed and main-
tained so that:
Subd. 1 . Existing healthy trees and native vegetation on
the site are preserved to the maximum extent feasible and are
protected by adequate means during construction.
Subd. 2 . Existing native vegetation is not disturbed,
injured or removed prior to site development, except to the
extent necessary for the preparation of a tentative map.
Subd. 3 . Following construction, vegetation suitable to the
site may be planted. Trees with root structures that are less
likely to interfere with utility lines, break up sidewalks , and
cause other nuisance damage shall be provided. Trees shall be
planted at intervals of at least six feet outside of the street
right-of-way. Hedges shall be set back at least 50 feet from the
centerline of any highway and 20 feet from the right-of- way in
order to prevent snow build up.
Subd. 4 . Existing trees shall be preserved within any
right-of-way when such trees are suitably located, healthy, and
when approved grading allows .
Subd. 5 . No slash, dead trees , or uprooted stumps shall
remain after development.
820 . 35 . Erosion and Sediment Control . The following standards
shall be applied in the subdivision and construction of land
areas in conformance with watershed district regulations :
Subd. 1 . The development shall conform to the natural
limitations presented to topography and soil so as to create the
least potential for soil erosion.
Subd. 2 . Erosion and siltation control measures shall be
coordinated with the different stages of development . Appropri-
ate control measures shall be installed prior to development when
necessary to control erosion.