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Home My WebLink About0475 ORDINANCE NO. 475 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE A1dENDINt~ TITLl: 10 ~ CHAPTER 4 OF:THE..,LARNVILLS CITY CODS CONCERNINt~ PARR AND .TRAIL DEDICATION RLQIIIRLM8NT8 THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: 8eation 1. Section 10-4-8 of -the Lakeville City Code is amended in its entirety to read: 10-4-8: PARR AND TRAIL DEDICATION REQIIIREMRNTB. 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 shall be reasonably suitable for its intended use and shall be at a location convenient to the peopleto 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 dead trees, trash, junk, pollutants, and unwanted structures is not acceptable. C. The Park and Recreation Advisory Committee shall recommend to the City Council. the land and/or cash. contribution requirements for proposed subdivisions. D. Any increase in density of subdivisions shall be reviewed by the Parks and Recreation Committee for reconsideration of park land and/or cash contribution requirements.. E. 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 designated as such on the plat and 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. Land area conveyed or dedicated to the City shall not be used in calculating. density requirements of the City Zoning Ordinance 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 1199 ct2/03/92 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. The City, upon consideration of the particular type- of development, may require larger or lesser parcels of land to be conveyed to the City if the City determines that present or future residents. would require greater or lesser land for park and playground purposes. I. In residential subdivisions where a land dedication is required, the following formula will be used to determine. the park land. conveyance requirements: Density: Units Per Acre Land Dedication Percentage 0 - 2.5 10~ 2.5 - 4 11$ 4.+ - 6 13$ 6.+ - 8 15~ 8.+ - 10 17$ 10.+ 17$-20~ In commercial or industrial plats where a land dedication is required the following formula will be used to determine the park land. dedication: 5$ of the. gross area of land.. being. platted. ' J. In lieu of a park land dedication the City may require the following cash contribution: • Single Family Dwelling Units $650 per. dwelling unit • Multi-family Dwelling Units $65D per dwelling unit • Commercial/Industrial 5$ of current market value of the unimproved land as determined by the County Assessor. K. 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 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 above. The remainder shall be the cash contribution requirement. L. "Fair Market Value" shall be determined as of .the time of .:.filing the preliminary plat in accordance with the following: 1) The City. and the developer may agree as to the fair market value, or 1199 2 rt2/03/92 r - 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. Subdividers of land abutting streets that have been designated in the City's Comprehensive Trail Systems Plan for the construction of a trail shall be required to pay 5/8 of the cost of constructing the trail. N. Residential subdividers shall pay a fee of $150.00 per residential dwelling unit for trails. This payment is required whether or not the subdivider is required to construct trails. O. 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 cash contributions are to be calculated at the time of final plat approval. The Council may require the payment at the time of final plat 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. Q. Cash contributions shall be deposited in the City's Park and .Recreation Development Fund and shall only be used for park planning, acquisition, or development. Section 2.- This ordinance shall be effective immediately upon its passage and publa:ato~. ADAPTED this .21st day of December ~ 1992, by the City Council of the City of Lakeville. CITY OF VILLE BY: ane R. Zaun, Ma or TIES Charlene Friedges, City Clerk 1199 3 r12/03/42 PUBLIC NOTICE ORDINANCE NO. 475 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10, CHAPTER 4 OF THE LAKEVILLE CITY CODE CONCERNING PARK AND TRAIL DEDICATION REQUIREMENTS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: ,Section 1, Section 10-4-8 of the Lakeville City Code is amended in its en- tirety to read: 10.4-8: PARK AND TRAIL DEDICATION REQUIREMENTS. A. As a prerequisite to subdivision ap- proval, subdividers shall dedicate land for parks, playgrounds, public open spaces, and trails and/or shall make a cash con- tribution to the City's Park Fund and Trail Fund as provided by this Section. B. Land shall be reasonably suitable for its intended use and shall be at a loca- tion convenient to the people to be served. Factors used in evaluating the -adequacy and the value of the development of the land shall be calculated. That amount shall be subtracted from the cash contri- bution required by subsection J above. The remainder shall be the cash contribution requirement. L. "Fair Market Value" shall be de- termined as of the time of filing the pre- liminary plat in accordance with the fol- lowing: 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 sub- divider at the subdivider's ex- pense. The appraisal shall be made by appraisers who are ap- proved members of the SREA or MAI, or equivalent real estate ap- praisal societies. 3) If the City disputes such ap- praisal the City may, at the sub - divider's expense, obtain an ap- praisal of the property by a quali- a3Isl aql se aioqs jo a2mIsaaq sat 142noqlre aqi jo icliaofsut uo a uluut aq; uo ssBut sal a `utEap o sanupuoa uoi. 3o Ianal alp Mollo3 'um •saaanosali Le.ml N3o 11. oloap�CH Isuo!all saaanl papuluoa pi-mpgana pus s)IaBd `suaaauoa a fied real estate appraiser, which appraisal shall be conclusive evi- dence of the fair market value of the land. M. Subdividers of land abutting streets that have been designated in the City's Comprehensive Trail Systems Plan for the construction of a trail shall be required to pay 5/8 of the cost of con- structing the trail. N. Residential subdividers shall pay a fee of $150.00 per residential dwelling unit for trails. This payment is required whether or not the subdivider is required to construct trails. O. 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 various uses. P. Park cash contributions are to be calulated at the time of final plat ap- proval. The Council may require the payment at the time of final plat approval or at a later time under terms agreed upon in the development agreement. De- layed payment shall include interest at a rate set by the City. Q. Cash contributions shall be de- posited in the City's Park and Recreation Development Fund and shall only be used for park planning, acquisition, or devel- opment. Section 2, This Ordinance shall be ef- fective immediately upon its passage and publication. ADOPTED this 21st day of December, 1992, by the City Council of the City of Lakeville. CITY OF LAKEVILLE, BY: (s) Duane R. Zaun, Mayor ATTEST: (s) Charlene Friedges, City Clerk (Published in Lakeville Life & Time. on Jan. 4, 1993) RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $6.65per column inch. (2) Maximum rate allowed by law for the above matter: $5.64 per column inch. (3) Rate actually charged for the above matter: $5.64 per column inch. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. 475 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 4th day of January , 1993; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz T.) XT. 1 J 1 . TITLE: Publ icher Subscribed and sworn to before me on this 6th day of January , 1993. Notary Public "'w_ BARBARA J. GROSBERG j NOTARY PUBLIC - MINNESOTA SCOTT COUNTY (.!y commission expires 1-1 97