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Home My WebLink About0108 c ORDINANCE N0. 108 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 11 BEING THE SUBDIVISION ORDINANCE OF THE CITY OF LAKEVILLE The City Council of Lakeville ordains as follows: Section 1. That Ordinance No. 11 is hereby amended by amending Section 5H to read as follows: Section SH. Park land dedication requirements. A. Subdividers as a prerequisite to approval of a subdivision shall dedicate to the City or dedicate to the public use, for park or playground purposes, for public open space or trail systems a reasonable part of the land being subdivided or in lieu thereof a cash equivalent. The form of contribution, cash or land, (or any combination) shall be decided by the City. B. Land to be dedicated shall be reasonably adaptable for use for active park and recreation purposes 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. C. The Park and Recreation Committee shall, recommend to the City Council the location of the land and the amount of land to be conveyed or dedicated within a proposed subdivision. D. When a cash contribution is made in lieu of a dedication of land,: the Park and Recreation Committee shall recommend to the City Council the amount of cash that should be so contributed, which recommendation shall be based upon the fair market value of the land. "Fair Market Value" shall be determined as of the time of filing the final plat in accordance with the following: ,4 , ` 1. The City and 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 subdividers' expense. The appraisal shall be made by appraisers who are approved members of SREA or MAI, or equivalent real estate appraisal societies. 3. If the City disputes such appraisal the City may, at the subdividers' 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. E. Where a proposed park, playground or other recreational areas, proposed school site or other public ground that has been indicated in the official map and/or comprehensive 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 hereunder for such proposed public site, the City shall not be required to act to approve or disapprove the preliminary plat of the subdivision for a period of sixty (60) days after the subdivider meets all the provisions of the subdivision ordinance in order to permit the Council, School Board or other appropriate governmental unit to consider the proposed plat and to consider taking steps to acquire, through purchase or condemnation, all or part of the public site proposed under the official map or master plan. F. Land area conveyed or dedicated hereunder may not be included by a subdivider as an allowance for purposes of calculating the density requirements of the subdivision as set out in the City Zoning Ordinance and shall be in addition to and not in lieu of open space requirements for Planned Unit Developments pursuant to the City Zoning Ordinance. G. Where private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the sub- division, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation 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 the Zoning and Building Regulations 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 provided for by written agreement; and 3. That the private open space is restricted for park and recreational 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 recreational purposes, taking into consideration such factors as size, shape, topography, hydrological, geology, access and location of the private open space land; and 5. That facilities proposed for the open .space are insubstantial accordance with the provisions of the recreational element of the comprehensive 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 park land dedication requirements for the development. H. The City shall maintain a separate fund into which all cash contributions received from owners or developers in lieu of conveyance or dedication of land for park or playground, public open space or trail purposes shall be deposited and shall make, from time to time, appropriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection with land previously acquired for parks and play- grounds, which will benefit the residents of the City. I. Time of Payment or contribution: The scheduling of dedication and/or cash payments shall be established in a development agreement between the City and subdivider. J. Subdividers shall dedicate to the City at least the following percentage of gross land area of the proposed subdivision or a cash equivalent: , a. Residential Development (including single and multiple family) - 5~ per unit per acre. b. Business and Commercial Development - 5~ per acre. c. Industrial Development - 28 per acre. d. Mixed Develo mp ants - The percentage shall be etermine by the percentage of the development which comes within the above categories. e. The City upon consideration of the particular type of development may require larger or lesser parcels of land to be dedicated if the City finds that present or future residents would require greater or lesser land for park and playground purposes. K. Changes in density of approved plats shall be reviewed by the Park and Recreation Committee for reconsideration of Park Dedication requirements. Section 2. This Ordinance shall become effective from and after the date of its publication. Adopted this 20th day of June ~ 1977, CITY OF LAKEVILLE BY: ~~t! JZL/Lo ~a Edward Mako, Mayor ATTES r S~ Patrick McG rv , ity C1 t NEW CITY OR INANCES ORDINANCE NO. 108 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 11 BEING THE SUBDIVISION ORDINAN- CE OF THE CITY OF LAKEVILLE The City Council of Lakeville ordains as follows: Section 1. That Ordinance No. 11 is hereby amended by amending Section 5H to read as follows: Section 51-1. Park land dedication requirements. A. Subdividers as a prerequisite to approval of a subdivision shall dedicate to the City or dedicate to the public use, for park or playground purposes, for public open space or trail systems a reasonable part of the land being subdivided or in lieu thereof a cash equivalent. The form of contribution, cash or land, (or any combination) shall be decided by the City. B. Land to be dedicated shall be reasonably adaptable for use for active park and recreation purposes 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, geolpgy, hydrology, tree cover, access and location. C. The Park and Recreation Committee shall, recommend to the City Council the location of the land and the amount of land to be conveyed or dedicated within a proposed subdivision. D. When a cash contribution is made in lieu of a Gla �. dedication of 'hand, the Park and Recreation 7° i a (i reu'd%rnCx-,'Ity- :bu, (cc, umA l 6. That where such credit is granted, the amount ofer- credit of, the park land dedication require2ment) s for , the development. H. The City shall maintain a separate fund into which all cash contributions received from owners or developers in lieu of conveyancceeor Pesapce di lon n of land for park or playground, public or trail purposes shall be deposited and shall make, from time to time, appropriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection roun- with previouslyland ds, which willbenef tacquired residents of the City. 1 Time of Payment or contribution: The scheduling of dedication and/or cash payments shall be established in a development agreement between the City and subdivider. J. Subdividers shall dedicate to the City at least the following percentage of gross land area of the proposed subdivision or a cash equivalent: a. Residential Development (including single and multiple family) - 5% per unit per acre. 'b. Business and Commercial Development - 5% per acre. c. Industrial Development - 2% per re. ac d. Mixed Developments - The percentage shall be determined by the percentage of the develop- ment which comes within the above categories. e. The City upon consideration of the particular type of development may require larger or 1 finer er parcels of land to be dedicated if the City that present or future residents wouldu d ad uirpe greater or lesser land for park and play_ poses. K. Changes in density of approved plats shall be reviewed by the Park and Recreation Committee for reconsideration of Park Dedication requirements. Section 2. This Ordinance shall become effective from and after the date of its publication. Adopted this 20th day of June,1977. Mayor ATTEST: PATRICK McGARVEY, City Clerk. 6-22-77 vorn, on oath says he is and during all times ier and printer of the newspaper known as THE nowledge of the facts herein stated as follows: le English language in newspaper format and t in printed space to at least 900 square inches. and is distributed at least once each week. news column devoted to news of local interest s to serve and does not wholly duplicate any ip entirely of patents, plate matter and adver- rculated in and near the municipality which it 240 copies regularly delivered to paying CITY OF LAKEVILLE tst 75% of its total circulation currently paid or BY: EDWARD MAKO, ears and has entry as second class -matter in aper purports to serve the Village of Lakeville known office of issue in the City of Lakeville in ,firing its regular business hours for the gather- , and sale of subscriptions and maintained by oy and subject to hs direction and control dur- s and at which said newspaper is printed. _ .SCS a copy of each issue immediately with the _ . ..i tortcal Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by publisher of said news- paper and sworn to before a notary public stating that the news- paper is a legal newspaper. (9) Said newspaper was on May 20, 1965 qualified as a medium of official and legal publication and has continually thereafter met the foregoing conditions. He further states on oath that the printed . L / hereto attached as a part hereo as cut from the columns of said newspaper, and was printed and published therein in the English language, once each week successive weeks that was first so published on TeLrise4 the ? a day of 197 7 day of ,19__ and that was thereafter printed and published on every �� to and in- cluding the ....Z day of , 19 77and that the following is a printed copy of the lower case alphabet fromA to Z. both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to - wit: abcdefghijklmnopqrstuvwxyz –174 Subscribed and sworn to before me this —day of (Notarial Seal) 19 ? 7 IC, ' ESOTA •NQ��IRIf)PURI$ab1ia-INaaYCoun - F My Commission Expires June 23. 1984