HomeMy WebLinkAboutOrd #268 - 3rd Series/Amending Park Dedication ORDINANCE NO. a(,$, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
PERTAINING TO PARK DEDICATION
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Section 82-226 Parks and Playgrounds shall be amended by deleting
and replacing the text to read as follows:
Sec. 82-226. Parks and playgrounds.
(1) Lands for public use. The city finds that when land is developed, including a planned
residential development or a planned unit development,the resulting additional housing
units or commercial/industrial buildings have an impact on the city's park system.
Therefore,pursuant to Minn. Stat. § 462.358, subd. 2b, the city requires all persons,
corporations or other legal entities that develop land within the city, as a prerequisite to
approval of a lot division, final plat, planned residential development or planned unit
development, to convey to the city or dedicate to the public, for use as parks,playgrounds,
trails or open space, a proportionate share of the land being developed as specified in this
section, such portions to be approved by the city. Further,the City finds that the density of a
proposed project impacts the park system, higher density projects, with less private area for
recreation, have greater needs for and impacts on the public park system than larger lots
with ample private green space.
(a) Any increase in density of subdivisions shall be reviewed for reconsideration of
park land and/or cash contribution requirements.
(2) Dedicated land requirements. Any land to be dedicated as a requirement of this section shall
be reasonably adaptable for the public purposes listed in subsection(1) of this section.
Factors used in evaluating the adequacy of proposed dedicated areas shall include size,
shape, topography, drainage, geology, tree cover, access and location.
(3) When a proposed park, playground, recreation area,trail 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 subdivision, it shall be designated as such on the plat and shall be
conveyed to the city. If the developer 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.
(4) Land area conveyed or dedicated to the city shall not be used in calculating density
requirements of this chapter and shall be in addition to and not in lieu of open space
requirements as may be required.
(5) The city, upon consideration of the particular type of development, may require lesser
parcels of land to be conveyed to the city if the city determines that present or future
residents would require lesser land for park and playground purposes.
(6) Land dedication minimum area.
Developer shall be required to dedicate to the city for parks,playgrounds,trails, open spaces
and other public purposes as a minimum that percentage of gross land area, or other such
amount as may be determined by the city council, as set forth below:
a. In residential/agricultural/multiple residential zoned land, dedication requirement of
0.10 acres per additional residential household being developed. The dedication
required shall be roughly proportional to the projected impact of the proposed
development on the city's park system.
b. In commercial/industrial zoned land, dedication requirement of 0.1 acres for every acre
of land being developed, or for every 14 expected employees, whichever is greater.
The dedication required shall be roughly proportional to the projected impact of the
proposed development on the city's park system. The city finds that the employees of
commercial/industrial developments in the city make use of the city's park system,
particularly trails and natural areas. Because the city's park system is focused on trails
and natural areas versus active community parks and ballfields, commercial/industrial
employees use the city's park system in ways similar to city residents. Therefore, the
commercial/industrial dedication requirement will be tied to the residential dedication
requirement by determining the number of employees that is equivalent to a residential
dwelling unit in terms of impact on the city's park system
c. The form of contribution(cash, land, or any combination) shall be determined at the
discretion of the city council.
(7) Cash contribution in lieu of lands. In those instances where a cash contribution is to be
made by the developer, in lieu of a conveyance or dedication of land,the cash contribution
to be contributed shall be equivalent to the fair market value of the land to be dedicated. The
city shall account for such funds in a special fund named park dedication funds. These funds
are to be used only for the acquisition, development and improvement of public parks,
playgrounds, trails, wetlands or open spaces, and debt retirement in connection with the
foregoing.
(a) Cash contribution maximum. In those instances where the anticipated park needs are
greater than the number of acres to be developed, the City may establish a park dedication
maximum:
Residential density of 3 units per acre or less: maximum 4 percent of the predeveloped
value
Residential density of 3.1- 8 units per acre: maximum 8 percent of the predeveloped
value
Residential density of 8.1 - 15 units per acre: maximum 12 percent of the predeveloped
value
Residential density of 15.1 units per acre or more: maximum 20 percent of the
predeveloped value
(8) Fair market value of lands. Fair market value for purposes of this section shall be the land
predevelopment value to be determined by the city council as of the time of preliminary plat
application in accordance with the following:
a. Recommendation of the County assessor.
b. The Developer and the City agree on the predevelopment value of the land.
c. If agreement is not reached, the fair market value shall be determined in accordance
with the following:
1. Fair market value as determined by the city council based upon a current appraisal
submitted to the city by the developer, at their expense. The appraisal shall be
made by appraisers who are approved members of SREA or MAI, or equivalent
real estate societies.
2. If the city disputes such appraisal amounts, it may obtain an appraisal of the
property by a qualified real estate appraiser which 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 developer.
d. The determination of fair market value of the undeveloped land by the city assessor,
city council or designated appraisers shall be determined at the time of final approval.
(9) Future subdivision. Any land which is further subdivided, divided or applied for such
subdivision, division subsequent to May 1, 1990, 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 developer 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 application percentage of land or equivalent
market value in cash to be dedicated.
(10) Request for deviation. The dedication requirements based on the development's
proportional share of the City park system are presumptively appropriate. A developer may
request a deviation from the presumptive requirements based upon the anticipated impact of
that particular subdivision. The request must be made to the Council as part of an
application for Final plat approval.
SECTION 2.EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and publication.
ADOPTED this 14th day of February, 2022 on a vote of ayes and_nays by the
City Council of Orono, Minnesota.
ATTEST:
--A32.162;K:"
Anna Carlson, City Clerk Dennis Walsh, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of , 20