A. Condition Of Approval; City Option: As a condition of subdivision approval, subdividers shall dedicate a reasonable portion of the buildable land in the proposed subdivision for conservation purposes or for public use as parks, recreational facilities as defined and outlined in Minnesota statutes section 471.191, playgrounds, trails, wetlands, or open space; provided that the city may choose to accept an equivalent amount in cash for part or all of the portion required to be dedicated based on the fair market value of the land at the time of final approval.
B. Suitable Land Use, Location: Land 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. Land with trash, junk, pollutants and unwanted structures is not acceptable.
C. Contribution Recommendation: The parks, recreation, and natural resources committee shall recommend to the city council the land and/or cash contribution requirements for proposed subdivisions.
D. Density Increase: Any increase in density of subdivisions shall be reviewed by the parks, recreation, and natural resources committee for reconsideration of park land and/or cash contribution requirements.
E. Conveyance; Purchase: When a proposed park, playground, recreation area 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 conveyed to the city. 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. Calculating Density: Land area conveyed or dedicated to the city shall not be used in calculating density requirements of the city zoning ordinance 1 and shall be in addition to and not in lieu of open space requirements for planned unit developments.
G. Private Open Space: 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 land or cash dedication requirement for park and recreation purposes, provided the city council finds it is in the public interest to do so.
H. Request For Change: The dedication and cash contribution requirements are presumptively appropriate. A subdivider may request a deviation from the presumptive requirements based upon the anticipated impact of that particular subdivision or average land values for the category of land being subdivided. The request must be made before final subdivision approval by the city.
I. Residential Subdivisions: In residential subdivisions where a land dedication is required, the following formula will be used to determine the dedication requirement:
Category | Units Per Acre | Percentage Park Dedication/Acres Of Development |
Low density residential | Less than 3.0 | 12 percent |
Medium density residential | More than 3.0 to 9.0 | 14 percent |
High density residential | More than 9.0 | 17 percent |
J. Cash Contribution: In lieu of land dedication the city may require the cash contribution as adopted by ordinance by the city council.
K. Contribution Combination: The city may elect to receive a combination of cash, land and development of the land. 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 J of this section. The remainder shall be the cash contribution requirement.
L. Fair Market Value: "Fair market value" shall be determined as of the time of final 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. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies.
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.
M. Planned Developments: 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.
N. Calculation Of Cash Contributions: Cash contributions are to be calculated at the time of final subdivision approval. The council may require the payment at the time of final subdivision approval or at a later time under terms agreed upon in the development agreement. Delayed payment shall include interest at a rate set by the city.
O. Park Dedication Fund: Cash contributions shall be deposited in the park dedication fund and shall only be used for the acquisition of land for the purposes set forth in subsection A of this section, and the planning and development of land for such purposes.
P. Exemption: Property being subdivided without an increase in the number of lots shall be exempt from park and trail dedication requirements if similar requirements were satisfied in conjunction with an earlier subdivision. If the number of lots is increased, then the dedication shall be based on the additional lots created.
Q. Specialized Housing Uses:
1. Independent living facilities for age restricted senior residents shall be considered the same as multiple-family residential dwellings for the purpose of park dedication requirements based on the number of proposed units at the time of final plat approval.
2. Housing with services defined in accordance with Minnesota statutes chapters 144A and 144D as may be amended:
a. Facilities with less than 24/7 care programs shall be considered the same as multiple-family residential dwellings for the purpose of park dedication requirements except that each dwelling unit shall be calculated for the purpose of density and/or cash fees in lieu of land paid on a per unit basis at a rate of one equals 0.25 (1 = 0.25).
b. Facilities providing 24/7 care programs and nursing home facilities shall be exempt from park dedication requirements.
3. Facilities with a combination of senior independent living and/or various levels of housing with services shall make cash and/or land contributions in accordance with this subsection based upon the number of units designated for the various uses. (Ord. 673, sec. 1, 7-17-2000; amd. Ord. 698, sec. 6, 12-17-2001; Ord. 817, sec. 2, 2-20-2007; Ord. 839, sec. 1, 5-19-2008; Ord. 890, 6-4-2012, eff. retroactive to 10-17-2011; Ord. 915, 12-16-2013; Ord. 1065, 4-4-2022)
Notes
| 1 | See title 11 of this code. |