Loading...
HomeMy WebLinkAbout3 - Ordinance Amendment - Park Fees To: Planning Commissioners From: John Hinzman, Community Development Director Date: May 22, 2023 Item: Public Hearing - Amend City Code Chapters 154 – Park Dedication Planning Commission Action Requested Hold a public hearing and recommend action to amend City Code Chapter 154 – Subdivision Ordinance pertaining to Park Dedication. Background Park land dedication is required upon subdivision of property. The method for dedication may be in the form of physical land (new park) or payment of fees in lieu of land dedication (to be used for parks at a later date). Parks and Recreation Director Chris Jenkins will be present at the meeting to review changes. Recommendation Approval of the proposed ordinance is recommended. Attachment • Ordinance Amendment – Chapter 154 – Subdivision – Park Dedication Planning Commission Memorandum ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, REPEALING AND REPLACING CITY CODE CHAPTER 154, SECTION 154.07 REGARDING PARKLAND DEDICATION The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. REPEAL AND REPLACE. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 154, Section 154.07 shall be repealed and replaced as follows: § 154.07 Park Land Dedication A. Authority and Purpose 1. Authority. Pursuant to Minnesota Statute 462.358, subd. 2(b), the City has authority to require a reasonable portion of the buildable land of any proposed subdivision be dedicated to the public or preserved for public use, including parks, recreational facilities, playgrounds, trails, wetlands, and public open space. In the alternative, the City may choose to accept a cash fee for some or all of the value of the dedication. 2. Purpose. The City recognizes that the preservation and creation of parks, recreational facilities, playgrounds, trails, wetlands, and public open space is essential to maintaining a healthful, safe and desirable community. The City must not only provide these necessary facilities for the citizens of today, but also for the future needs of the City as described in the 2040 Comprehensive Plan and the Parks, Trails and Open Space Master Plan. a. It is recognized that the demand for park, recreational facilities, playground, trails, and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any area. Greater densities mean greater numbers of people and higher demands for such public amenities. b. The City has conducted an analysis of its current facilities and determined that new neighborhood parks will be required to service local needs as development occurs. Parks providing basic service levels, medium service levels to higher service levels should be carefully tailored to the neighborhood it serves. 3. Basis of Determination. The City shall conduct an individualized determination of the amount of land needed for each proposed subdivision for the purposes set forth in this section and shall demonstrate an essential nexus between the land dedication or cash fee, and the purpose sought to be achieved. The dedication or fee shall bear a rough proportionality to the need created by the proposed subdivision. 4. Units of Measure. For purposes of this ordinance, the following values apply: a. Average Number of Persons per Household Unit = 2.37 (per Met Council data 2021) b. Fair Market Value (“FMV”) = Fair Market Value, as used in this section, means the FMV of vacant land, which shall be determined by an appraisal that is obtained from a certified appraiser and updated at least every 3 years. The FMV for each type of residential zoning classification shall be included in the City’s Fee Schedule. c. Total Park Acres = 700 (per City data on file with the Parks & Recreation Department 2023) d. Total Population of City = 22,303 (per Met Council data 2021) B. Dedication of Land 1. The amount of land to be dedicated under this section will generally follow the schedules below, however the total amount required for dedication may increase or decrease based on the City’s individual analysis of the proposed subdivision. The City alone shall determine the location and configuration of any land dedicated, taking into consideration the suitability of the land for its intended purpose, the City’s needs for park, playground, trail, or public open space as a result of the proposed subdivision, and the unique attributes of the development. 2. All land dedication determinations shall be based on the net area of the property. The “net area” of the property shall mean the gross area of the property minus the area of wetlands, lakes, and streams below the ordinary high-water mark. The land dedicated for public use shall be in addition to property dedicated for streets, alleys, easements, storm water ponding, or other public ways. a. Residential Property. The calculation shall be based on the following formula: Total Park Acres/Total Population of the City = number of acres of parkland per person. Number of acres of parkland per person X Average Number of Persons per Household Unit = Number of acres of parkland per household unit. Number of acres of parkland per household unit X number of household units in the proposed project = Total acres of dedicated land required b. Non-Residential Property. An estimated 5% of the net area shall be dedicated for parkland. c. Mixed Use Property. Land contributions shall generally follow the calculations above and shall be based on the amount of land and number of household units designated to residential use and the amount of land designated to non-residential uses. C. Cash Contribution 1. At the City Council’s sole discretion, a cash contribution may be accepted in whole or in part for the required land dedication under this Chapter. The parkland dedication fee guidelines shall be determined by the City Council on an individualized basis. The amounts included in this section are for use as a general guideline and may be increased or decreased as determined by the City, taking into consideration the City’s needs for park, playground, trail, or public open space as a result of the proposed subdivision, the unique attributes of the development and other relevant factors of the proposed subdivision. a. Residential Property. For residential property, cash contributions shall be determined using the lesser of the application of the following formula using the FMV of land as stated in the City's Fee Schedule or the per household unit fee for each type of residential property as listed in the City’s Fee Schedule: Total Park Acres/Total Population of the City = Number of acres of parkland per person. Number of acres of parkland per person X Average Number of Persons per Household Unit = Number of acres of parkland per household unit. Number of acres of parkland per household unit X FMV of vacant land = Cash contribution per household unit Cash contribution per household unit X number of household units in the proposed project = Total cash contribution required b. Non-Residential Property. Cash contribution shall be 5% of the Fair Market Value of the property. c. Mixed Use Developments. Cash contributions shall be based on the amount of land and number of units designated to residential use and the amount of land designated to non-residential uses. 2. Timing of payment. Cash contributions shall be paid prior to the release of the final plat or subdivision approval. 3. Use of payments. Cash payments received under this Section shall be placed in a special fund to be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or public open space based on the City’s approved park systems plan. 4. Determining the amount of a combination cash and land contribution. In the event the contribution is a combination of cash and land, the City will first determine the total land dedication required pursuant to the basis analysis and then convert that total land dedication to its Fair Market Value pursuant to Minnesota Statute §462.358, subd. 2b(c). Once the total conversion from land to cash is determined, the Fair Market Value of the land actually dedicated, if any, shall be subtracted and the remainder shall be the amount due in cash. D. Disputes and Appeals Any disputes or appeals arising under this Chapter regarding park land dedication shall be resolved pursuant to the requirements of Minnesota Statute §462.358. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on , 2023 modifies the City Ordinance to adopt new methodology for calculation parkland dedication requirements. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2023. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date].