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' ORDINANCE NO. 340
CITY OF LAi~7TTTF.
DAItOTA OOiJNPY, NITNNFSOI'A
AN ORDI[~,NCE AMENDING TITLE 10, C[~1ETEl2 4
OF THE TAKF{JTTTF. Cl'1'Y ~
CASH DONATICk1S AND LAND DEDICATION REQTJIRII~PffS FOIL PARKS
The City Council of Lakeville, Miruiesota ordains:
Section 1. Title 10, Chapter 4, Section 8, of the Lakeville City Code
is amended to read as follows:
10-4-8: PARK LAND DIDICATION RDQUI~IS:
A. As a prerequisite to plat approval, subdividers shall dedicate land for
parks, playgxr~s, public open spaces or trails and/or shall make a
cash contribution to the City's Park Fund as provided by this Section.
B. Land to be dedicated shall be reasonably suitable for its intended use
and shall be at a location convenient to the pule 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. Topography that exceeds 12$ slopes shall
not receive credits unless approved by the City Council.
C. The Park and Recreation Advisory Committee shall recoffinend to the City
Council the land dedication and cash contribution ram~ira„w„ts for
proposed subdivisions.
D. Ganges in density of plats shall be reviewed by the Parks arxi Recre-
ation Committee for reconsideration of park dedication and cash contri-
butlon rxnii ranwntS.
E. When a proposed park, playgroturl, recreation area, school site or other
public grauTd has been indicated in the City's official map or ow~re-
hensive plan and is located in whole or in part within a proposed plat
it shall be designated as such on the plat and shall be dedicated to
the appropriate gwermnental unit. 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 eor~demnation.
F. Land area conveyed or dedicated to the City shall not be used in calcu-
lating density requixemexrts of the City Zoning Ordinance and shall be
in addition to and not in lieu of open space +'~~i~nts for planned
unit developments.
G. Where private open space for park and recreation purposes is provided
in a proposed subdivision, such arx+a¢ may ~ tl`~ for credit, at the
discretion of the City Council, against the ram~iramant of dedication
for park and recreation purposes, provided the City Council finds it is
in the public interest to do so.
H. The City, upon oorisideration of the particular type of development, may
' require larger or lesser parcels of larxi to be dedicated if the City
detznnir~es that present or future residents would regn~*p greater or
lesser land for park and playgx+ourul Fxixposes. Irt addition, the City
Council may also ,-cr~n~;ra lots within the subdivision be held in escrow
for future sale or development. The moneys derived from the sale of
escrocred lots will be used to develop or to p~,,,-ham park land in the
future. (Ord. 120, sec. 1,6-19-78)
I. In residential plats where a laical dedication is required, the following
formula will be used to determine the park land dedication:
LIFNSITY: UNITS PII2 ACRE LAND DEDICATIODI ~
0 - 2.5 10$
2.5+ - 4 11$
4.+ - 6 13$
6.+ - 8 15$
8.+ - 10 17$
10.+ 17-20$
In c~mrexci.al or industrial plats where a land dedication is required,
the followirxJ formula will be used to determine the park land
dedication.
10$ of the gross area of land being platted.
J. In lieu of a park land donation the City may require the following cash
donations:
Single family dwelling units $550.00 per dwelling unit
Multifamily dwelling units $550.00 per dwelling unit
Commercial / Industrial $2,500.00 per acre
Ln lieu of a trail land donation, the City may require the following
cash donation for the comprehensive multipurpose pedestrian trail
system.
For each dwelling unit $150.00
K. The City may elect to receive a ownbination of cash, land and develop-
ment 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 calcu-
lated. That amount shall be subtracted fr~n the cash contribution
required by subsection J above. The remainder shall be the cash oontri-
bution requirement.
L. "Fair market value" shall be determined as of the time of filing the
prel~m~*+~t-y plat in accrorr3ance 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 submit-
ted to the City by the subdivider at the subdivider's expense. The
appraisal shall be made by appraisers who are appresved m~nt~.-a of the
SRFA or MAI, or equivalent real estate appraisal societies.
' 3. If the City disputes such appraisal the City may, at the subdivid-
" ~ er's expense, obtain an appraisal of the property by a qualified real
estate appraiser, which apps-~~ shall be conclusive evidence of the
fair market value of the land. (Ox[i. 157, sec. 1, 2-19-80}
M. Planned developments with mixed land uses shall make cash and/or land
conrtributions in accordance with this Se<.-lion based upon the percentage
of land devoted to the various uses. (Ord. 120, sec. 1,6-19-78).
N. Park cash contributions are to be calculated at the time of final plat
approval. The r~cil may require the payment at the time of final
plat approval or at a later time under terms agreed upon in the develop-
ment agreement. Delayed payment shall include interest at a rate set
by the city. (Ord. 220, sec. 1, 2-7-83)
O. 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.
P. Wetlands, ponding areas and drainage ways accepted by the City shall
not be considered in the park land and/or cash contribution to the
City. (Orrl. 120, sec.1,6-19-78j
Q. Property being replatted with the same number of lots shall be exempt
fray all park land dedication requirement. If the number of lots is
increased or if land outside the previously recorded plat is added, then
the park land dedication shall be based on the additional land being
added to the plat. If the additional land does not create additional
lots, then each one-third (1/3) acre added shall be considered a new
lot for purposes of calculating the dedication r~,;rements. (Ord. 224,
sec. 1, 3-21-83)
Section 2. This orti3inance shall be effective imm~+t9iately upon its
passage and publication.
Adopted by the Lakeville City Council this 21st day of March
1988.
CITY OF 7AKF.VTTJ F.
BY
Zaun, May
i
1
f ~.t~~~
Patrick E. MoGarvey, City Cl s
PUBLIC NOTICE
ORDINANCE NO. 340
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDNANCE AMENDING TITLE 10,
CHAPTER 4 OF THE LAKEVILLE
CITY CODE CONCERNING CASH
DONATIONS AND LAND DEDICATION
REQUIREMENTS FOR PARKS
The City Council of Lakeville, Minnesota
ordains:
Section 1. Title 10, Chapter 4, Section 8, of
the Lakeville City Code is amended to read
as follows:
10-4-8: PARK LAND DEDICATION RE-
QUIREMENTS:
A. As a prerequisite to plat approval, sub-
dividers shall dedicate land for parks, play-
grounds, public open spaces or trails and/or
shall make a cash contribution to the City's
Park Fund as provided by this Section.
B. Land to be dedicated shall be reason-
ably suitable for its intended use and shall be
at a location convenient to the people to be
served. Factors used in evaluating the ade-
quacy of proposed park and recreation areas
I shall include size, shape, topography,
geology, hydrology, tree cover, access and
location. Topography that exceeds 12%
slopes shall not receive credits unless ap-
proved by the City Council.
C. The Park and Recreation Advisory°9
Committee shall recommend to the City
the land dedication and cash con -
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
County of Dakota
SS
NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and
employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07 and other applicable laws, as amended.
(B) The printed
!curs
which is attached was cut from the columns of said newspaper, and was printed and published once
ea r
first published on Thursday, the day of '
19 , and was thereafter printed and published on every Thursday to and including
successive -weeks; it Was
Thursday, the day of , 19
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:
a bcdefghijklmnopgrstuvwxyz
BY: 7
TITLE: Secretary
Subscribed and sworn to before me o
, 19 C ' T:'
-.OIA F H • NGSEN
lilt NOTARY PUBLIC - MINNESOTA
DAKOTA COUNTY
My Gomm Exp. Feb. 21, 1594