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HomeMy WebLinkAbout2011-10-06 - Planning Commission Agenda PacketCITY OF CORCORAN PLANNING COMMISSION OCTOBER 6, 2011 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Open Forum 4. Approval of a. Agenda b. *September 1, 2011 Planning Commission meeting minutes 5. Unfinished Business 6. New Business a. *Public Hearing. Park Dedication Ordinance Update (Subdivision Ordinance Section 955) i. Staff Report ii. Open Public Hearing iii. Public Comment iv. Close Hearing v. Commission Discussion & Recommendation 7. Reports a. Liaison Report (Guenthner) b. *Project Status Memo (information only) c. Other Business 8. Adjournment *Literature to review Material relating to these agenda items can be found in the House Agenda Packet, located near the entrance to the Community Room Meeting Area. City of Corcoran Planning Commission Meeting Minutes Thursday, September 1, 2011 ., Commissioners Present: Chair Hank, Jacobs, Laddusaw, Ravnholdt, Kadlec, and Krueger. Alternate Commissioners Wu and Kohnen Absent: None Others present for the meeting: Council Liaison Milbrandt, City Administrator Donahue, and Planner Kendra Lindahl. 1. Call to Order. Chair Hank called the meeting to order at 7:00 pm 2. Pledge of Allegiance 3. Open Forum. Paul Brand, 9435 Trail Haven. Concerns about neighboring property owner and zoning performance complaints. Donahue asked chair that city staff would investigate. 4. Approval of: a. Agenda. MOTION by Ravnhold /Kadlec to approve the agenda with proposed change. All voted aye. (Motion carried 6:0) b. Minutes of July 7, 2011. Laddusaw stated that he was not present at the July 7th meeting as indicated on the draft minutes. Commissioners also noted that the Planner's last name was misspelled in paragraph 6c. of draft minutes. Motion by Jacobs /Ravnholdt to approve minutes as presented with the two changes. All voted aye. (Motion carried 6:0) noted 5. Unfinished Business a. Zoning Ordinance Updates i. Staff Reports. Lindahl reviewed her memo on the zoning update process ii. Chair Hank opened discussion on those provisions in the Zoning Ordinance pertaining to Accessory Buildings. He proposed that all such buildings if they are on lots of less than two acres be required to meet the standards of a residential structure as outlines in 1060.050, Subd. 1(B). Discussion followed. Motion by Ravnholdt /Krueger to require accessory building on lots of 2 acres or less to meet residential standards as laid out in 1060.050 Subd. 1(B). All voted aye. (Motion carried 6:0) 2. Discussion also followed on the appropriateness of increasing the square feet allowed for a given size of the residential lot. Much discussion on the subject followed. Motion: Krueger /Jacobs to increase allowable square feet of accessory building (1030, Subd 4E) by 25% (currently included in the draft revision of the Zoning Ordinance). Voting aye: Hank, Jacobs, Laddusaw, Kadlec, Krueger. Voting no: Ravnholdt. (Motion carried 5:1) iii. Commission reviewed the remainder of the proposed Zoning Ordinance and recommended changes. No changes were recommended other than some clean up of language which the planner will do. Also, the Commissioners recommended that the council take a look at the two residential properties adjacent to the city park and determine if the zoning City of Corcoran Planning Commission Meeting Minutes Thursday, September 1, 2011 4b. designation is appropriate. Both properties appear to be miss -zoned in the proposed Zoning Map. 6. New Business. None 7. Reports: a. Project Status Memo. Lindahl reviewed upcoming projects and the status of projects currently in the planning process b. Other. None 8. Adjournment: MOTION by Ravnholdt /Krueger to adjourn. All voted aye. (Motion carried 6:0) Adjourned at 8:57 pm The right time. The right people. The right company To: Corcoran Planning Commission Copies To: Dan Donohue, City Administrator Kendra Lindahl , City Planner From: Sherri Buss, R.L.A., TKDA Date: September 26, 2011 Background 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292 -4400 (651) 292 -0083 Fax wwwARda.com Reference: Park Dedication Ordinance Proj. No.: 14855.000 Routing: The Corcoran Parks and Trails Commission identified a need to update the City's park dedication ordinance and fee requirements, based on the updates that were made to the Parks and Trails chapter of the 2030 Comprehensive Plan, adopted in 2011. The Parks and Trails Chapter of the Comprehensive Plan includes the City's proposed plan for a community- wide park and trail system. This proposed system is the basis for establishing the park dedication fees that are required for all new development in Corcoran. The Minnesota Statutes that govern park dedication allow cities to require that a portion of land in each development, or an equivalent amount of cash in lieu of the land, be dedicated as parks, trails or open space. In order to require the dedication of land or cash, the Statute requires that there be an essential nexus (a nexus means a "substantial connection ") between the dedication requirements and the municipal purpose for dedication. The proposed fee must be related to the expected demand for parks and trails that will be created by new development. The adoption of a proposed park and trail system in the Comprehensive Plan provides the nexus that connects the fee to the City's purpose. The Commission's proposed updated ordinance is attached, along with a table that indicates the estimated costs of the proposed park and trail system, and a memo that describes the proposed fee formula and how it was developed. Process The process for developing the proposed park dedication fee and updated ordinance included the following: • The Park and Trail Commission reviewed the proposed park system plan, and determined which elements of the plan will be developed through 2030. • Consultants developed the table that shows the proposed park facilities through 2030, and estimated costs for the facilities (attached). The proposed system is estimated to cost approximately $42,475,000. • The Park and Trail Commission reviewed the current fee dedication requirements and ordinance, and identification of issues related to the Comprehensive Plan. The Commission noted that the current fee structure was not related to the land use categories used in the Comprehensive Plan, and that the "per unit" fee was outdated, due to changes in estimated land costs in recent years. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity City of Corcoran Planning Commission Page 2 October 6, 2011 Park Dedication Fee and Ordinance Update • The Commission also asked the City Planner for recommendations for updates to the current park dedication ordinance. • The Commission review other community's fee dedication schedules and approaches. They noted that most growing communities have graduated fee schedules that are related to the land use categories and densities used in their comprehensive plans. • Consultants developed several options for a new fee schedule, and calculated the fees that would be generated for each schedule based on the amount of development expected in Corcoran each in land use category through 2030. • The Commission recommended a proposed fee structure that is described in the attached memo. The fee structure is based on the land use and density classifications included in the Comprehensive Plan. • The Commission reviewed the park dedication ordinance, and recommended updates to the fee schedule section and to Subdivision 7 Item B to clarify the language related to installation of improvements. The proposed ordinance is attached. Next Steps Next steps in adoption of the ordinance and fee include the following: • The Planning Commission shall hold a public hearing on the changes recommended by the Parks and Trails Commission. The Planning Commission will review and comment on the proposed ordinance changes, and recommend a proposed ordinance to the City Council. • The City Council shall review and adopt the updated ordinance and fee. Al The right time, The right people. The right company To: Corcoran Parks and Trails Reference Commission Copies To: Dan Donohue, City Administrator Kendra Lindahl , City Planner 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292 -4400 (651) 292 -0083 Fax www.tkda.com Park Dedication Ordinance Update Proj. No.: 14855.000 From: Sherri Buss, R.L.A., TKDA Routing: Date: September 26, 2011 This memo provides a discussion of the updated estimate of park and trail system costs through 2030, and discussion of proposed changes to the park dedication fee structure and ordinance. The updates were completed to make the costs consistent with the park and trail system proposed in the City's Comprehensive Plan, adopted in January, 2011. The City's Parks and Trails Commission reviewed the updated costs and worked with staff to develop the proposed fee structure and ordinance. I. PARK AND TRAIL SYSTEM COST ESTIMATE AND RELATIONSHIP TO FEE STRUCTURE Background. The Minnesota Statutes that govern establishment of park dedication fees require that there be an essential nexus (nexus means a "substantial connection ") between the fees or dedication and the municipal purpose. Cities use a variety of formulas to determine the required dedication of land or the cash in lieu of dedication. The formulas are based on the projected cost of the parks, trails and open space areas that will be provided in the future, and the development projected in the comprehensive plan that may provide demand for additional parks, trails and open space. The calculations result in a percentage value for the amount of land that the City will require to be dedicated in each new subdivision. The City may then determine a cash in lieu amount that may be required, based on the required land dedication. Revised Table of Park and Trail System Costs through 2030. The table attached identifies the estimated costs for development of the City's proposed Park and Trail System through 2030. The table has been revised from the previous cost estimate to include the following: a Current estimated land costs a City -wide park and trail system proposed in the 2030 Comprehensive Plan, and expected facilities development expected through 2030 a 2010 estimated costs for each of the facilities proposed in the system The estimate assumes land values of $80,000 per acre in the MUSA area and $20,000 per acre in the non- MUSA area. It is difficult to estimate current land values in Corcoran due to the low level of land sales in An Employee Owned Company Promoting Affirmative Action and Equal Opportunity City of Corcoran Page 2 September 26, 2011 Park Dedication Fee and Ordinance Update recent years. The land value assumptions are based on land values in adjacent communities with sales in MUSA and non -MUSA areas, considering land values before the recent recession. The revised cost estimate indicates a total system cost of approximately $42,475,000. I. FEE CALCULATION The Park and Trail Commission discussed several options for park dedication fees, and the need to make the fees proportional to the need for parks and trails that may be created by various land uses. Based on the discussion, members suggested that the fee structure should be a graduated structure based on development densities, and that it should reflect the land use categories included in the City's 2030 Comprehensive Plan. The graduated structure reflects the assumption that the level use of park and trail facilities is related to the density of people in a developed area —as the population density increases, there is a higher demand for parks per developed acre. Corcoran's current ordinance includes a fee structure that provides for land dedication based on land use: ® Up to 6 units per acre: dedication requirement is 10% of land or cash equivalent a 6 units or more: 12 percent of land or equivalent e Maximum dedication: $6,000 per residential unit • Commercial /industrial: 5% of land or cash equivalent The Commission members noted that the City's current fee structure does not reflect the land use categories included in the 2030 Comprehensive Plan. Fee Calculation Recommendation based on 2030 Comprehensive Plan The Corcoran 2030 Comprehensive Plan includes the followine land use categories • Rural /Ag Residential • Existing Residential —no further development expected in these areas • Low - Density Residential (3 -5 units /acre) • Medium Density Residential (6 -8 units /acre) • Mixed Density Residential (8 -10 units /acre) • High Density Residential and Mixed Use (10+ units per acre) Land Use Assumptions regarding developable acres in the 2030 Comprehensive Plan include the following: Rural /Ag Residential Low Density Residential (3 -5 U /A) Medium Density Residential (6 -8 U /A) Mixed Residential (8 -10 U /A) High Density and Mixed Use (10+ U /A) Commercial Industrial 1240 Acres /632 units maximurn non -MUSA area 2716 Acres - -MUSA 147 Acres- -MUSA 555 Acres - -MUSA 386 Acres - -MUSA 5044 Acres Residential 222 Acres - -MUSA 506 Acres —MUSA 5772 Acres- -TOTAL City of Corcoran Page 3 Park Dedication Fee and Ordinance Update September 26, 2011 Land Value Assumptions for new fee calculations -- $80,000 per acre MUSA for lower and medium density residential uses; $20,000 per acre non -MUSA; $100,000 high- density and commercial /industrial uses. The assumptions are based on land sales in adjacent communities (MUSA and non -MUSA areas) and conversations with the Assessor and City Planner. Fee Calculation 2: Potential Fee based on 2030 Comp Plan Land Use Categories 1240.0 acres non -MUSA x 10% = 124 Acres x $20,000 = $ 2,480,000 2716 low density acres x 11% = 298.76 x $80,000 = $ 23,900,800 147 medium density acres x 12% =17.64 x $80,000 = $ 1,411,200 555 mixed density acres x 13% = 72.15 x $80,000 = $ 5,722,000 386 high/mixed use acres x 14% = 54.04 x $100,000= $ 5,404,000 728 C/I Acres x 5% = 36.4 Acres x $100,000 = $ 3,640,000 $ 42,550,000 The total amount of park dedication that could be generated using this fee schedule is approximately equal to the fees needed to support the proposed park and trail system The fee schedule is similar to the schedule used in adjacent communities The rationale for the fee schedule would include the following: • It generates the fees needed to support the proposed system, i.e. there is a nexus between the needs for parks and trails and the proposed fee • The proposed fee schedule acknowledges that areas with a higher population density are likely to generate a higher level of demand for parks, trails and open space • Commercial and Industrial land uses may generate demand for Trails and Community Parks, but are unlikely to generate demand for Neighborhood Parks and Open Space Parks, so the proposed fee for these uses is proportionately lower than for residential land uses. The Parks and Trails Commission also included the following in n the proposed revised ordinance: ® The proposed ordinance allows the Council to set a reduced fee for some types of senior housing projects, such as memory -care housing. The ordinance could allow the Council flexibility to reduce the fee if the developer can show that the proposed development is likely to have lower than average demands for parks and trails. Revising the maximum dedication fee per residential unit in the non -MUSA area. The maximum park fee required per residential unit in the current ordinance ($6,000) was based on higher land costs at the time that the ordinance was developed. Based on the number of potential units in the non- MUSA area, current estimated land costs, and the formula utilized to calculate potential fees, a maximum fee of $4,000 per unit would be a better reflection of current land costs. The maximum per unit fee would be adopted as part of the City's fee schedule, so that it can be updated as needed. City of Corcoran Page 4 September 26, 2011 Park Dedication Fee and Ordinance Update Other Non -Fee Ordinance Issues The Park Planner discussed the current ordinance with the City Planner, to determine whether there were other issues that should be addressed, based on implementation of the ordinance since its adoption. The City Planner noted the following: The current ordinance is relatively easy to implement and is very defensible. If the Parks Commission recommends differing dedication requirements by density or land use type, it should have a rationale for the differences based on estimated demand for park and trail facilities. The rationale does not need to be in the ordinance, but should be available in a background memo if questioned by developers. The ordinance should be clearer about trail dedication requirements and construction costs (Section 7, Item A). Most ordinances require that developers provide grading and ground cover for dedicated park and trail areas, but do not necessarily require developers to construct trails at their own cost. An example from Maple Grove is the following: o Installation of improvements. As part of'their development contract or site plan approval responsibilities, owners and developers shall be responsible for making certain improvements to the developments, for park, playground, trail and public open space purposes, including, but not limited to, finished grading and ground cover for all park, playground, trail and public open spaces within their developments. " This language was included in the draft ordinance for discussion. SECTION 955 — PARK DEDICATION 955.010 - Statutory Authorization, Findings of Fact and Statement of Purpose Subd. 1. Statutory Authorization. Minnesota Statutes Section 462.358.Subd.2b provides that municipal subdivision regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands, or open space, and that the municipality may alternatively accept an equivalent amount in cash based upon the undeveloped land value. Subd. 2. Findings of Fact. The City Council finds that: A. The preservation and development of parks, playgrounds, trails and open space areas within the City are essential to maintaining a healthy and desirable environment for residents and persons employed within the City. The presence of parks, trails and open space amenities also enhances the value and attractiveness of residential and commercial /industrial developments to landowners, developers, purchasers, employers, and employees. The City must not only provide for its present citizens, but it must also provide for the future. B. New developments place a burden upon the City's parks and open space system. New facilities must be developed concurrently with development in order to provide the desired level of service and the quality of the environment for all. Therefore, new developments shall be required to contribute toward the City's park system in rough proportion to the relative burden they will place upon the park system. C. The City Council recognizes that the need for such parks, trails, and public open spaces is directly related to the density and intensity of population and development permitted and allowed in the City. Urban development results in increased population, increased intensity of use and greater demands for such public areas and facilities. D. Development of .land for schools, religious institutions or other non- profit organizations may create additional demand on the City's park and recreational land and facilities. The City may create partnerships with these organizations that foster cooperative use of school, non- profit and park properties for recreational activities. 955.020 - Required Dedication Subd. 1. Dedication of Land or Cash A. Pursuant to Minnesota Statutes Section 462.358, Subd. 2b, the City requires all subdividers as a prerequisite to approval of a final subdivision plat, land division, or development of any land previously divided by plat, metes or bounds or any other means, which has not provided park dedication, to convey to the city or dedicate to the public use for park, playground, open space, or trail a reasonable portion of the land being platted, divided, or developed as hereinafter specified. The portions to be dedicated will be approved by the City; or in lieu thereof, the subdivider shall at the option of the city pay to the city an equivalent amount in cash based upon the undeveloped land value, for use in the acquisition or development of public parks, playgrounds, or in debt retirement in connection with land previously acquired for such public purposes. Park Dedication is only due in cases where additional new parcels are created. Park dedication would not be due in situations where a replat or lot line adjustment is required to modify lot boundaries without creating any additional lots. B. The form of contribution (cash, land, or any combination thereof) shall be decided by the City Council based upon need and conformance with the comprehensive plan. Subd. 2. Administrative Procedures. The City Council shall establish such administrative procedures as they may deem necessary and required to implement the provisions of this chapter. Subd. 3. Parks and Trails Commission Recommendation. A. The Parks and Trails Commission shall, in each case, recommend to the City Council the total area and location of such land that the Parks and Trails Commission feels should be so conveyed or dedicated within the development for the above public purposes. These recommendations shall be based on the recommendations included in the City parks and trails plan. B. The Parks and Trails Commission shall review the preliminary plat and recommend to the Planning Commission and City Council the total area and location of the land that the Park and Trails Commission determines should be dedicated for park use. The Park and Trails Commission shall provide its recommendation prior to the time that the Planning Commission completes its public hearings on the preliminary plat. C. In those instances where the Parks and Trails Commission concludes that a cash equivalency payment should be made by the applicant or owner in lieu of dedication of land, the Parks and Trails Commission shall recommend to the Planning Commission the percentage of the total park dedication requirement to be paid to the City in cash. D. In the event that review at a regular meeting of the Parks and Trails Commission would result in a delay in the review and approval process so that the time limitations of Minnesota Statutes Section 462.358 may not be met, the requirement of review by the Parks and Trails Commission may be waived by either the applicant or by the City Council at the time of its review of the application. Subd. 4. Standards for Determination. A. The Parks and Trails Commission shall develop and recommend to the City Council for adoption standards and guidelines for determining which portion of each such development should reasonably be required to be conveyed or dedicated. Such standards and guidelines may take into consideration the zoning classification to be assigned to the land to be developed, the particular use proposed for such land, amenities to be provided, and factors of density and site development as proposed by the subdivider. The Parks and Trails Commission shall further recommend changes and amendments from time to time to such standards and guidelines to reflect changes in the usage of land which may occur, changes in zoning classification and concepts and changes in planning and development concepts that relate to the development and usages to which land may be put. B. The Parks and Trails Commission shall develop and recommend standards for design and construction of public parks, trails, and open space areas in the city. These standards shall be included in the parks and trails plan. Subd. 5. Dedicated Land Requirements. Any land to be dedicated as a requirement of this chapter shall be reasonably adapted for the above public purposes. Factors used in evaluating the adequacy of proposed dedication areas shall include size, shape, topography, drainage, geology, tree cover, rare species and other significant wildlife habitats, access, and location. Subd. 6. Minimum Area of Dedicated Land. At a minimum, subdividers shall be required to dedicate to the city for parks, trails, and open space the percentage of net land area or equivalent market value in cash identified below: A. Residential dedication requirements. Areas developed for residential and mixed land uses shall be dedicated pursuant to the following schedule: Land Use Category based on Units Percentage of land or the Comprehensive Plan per acre equivalent market value in cash Rural /Ag Residential Less 10% than 3 Low Density Residential 3 -5 11% Medium - Density Residential 6 -8 12% Mixed Residential 8 -10 13% High - Density Residential and 10+ 14% Mixed -Use A cash contribution in lieu of land dedication may be required at the discretion of the city, based upon the undeveloped land value. To determine the fair market value of the undeveloped land, the developer shall submit an appraisal at the time of preliminary plat application. The city will then obtain a review appraisal as a validation of the developer's appraisal. If staff and the developer are unable to agree on fair market value, the City Council will make the determination of fair market value. 2. The City Council may identify a maximum park dedication fee per residential unit. The subdivider may chose to pay the per unit fee for a residential subdivision rather than the cash in lieu contribution. B. Commercial and industrial land dedication requirements. The dedication requirement for commercial and industrial land uses is five percent (5 %) of land or equivalent market value in cash. C. Memory care and assisted living units. Developments that include memory care and assisted living units shall apply the commercial rate to the percentage of memory care and/or assisted living units that are in the project, multiplied by the project net acres. D. Schools, religious institutions and other non - profit organizations. Dedication requirement shall be determined by the City Council based on discussion with the School District or non - profit agency. Recommendations will be based on anticipated use of City park facilities by the school or organization, and shall consider agreements for cooperative use of school recreational facilities. E. Lands Designated On Official Map or Comprehensive Land Use Plan. Where a proposed park, playground, trail or open space area indicated in the city park and trail plan or comprehensive plan is located in whole or in part within a proposed subdivision, all or part of the proposed public site shall be designated as such and should be dedicated to the city, based on the area of land dedication required by this ordinance. F. Deviation from Required Dedication. The dedication requirements based on the development's proportional share of the City park system are presumptively appropriate. G. Wetlands and Ponding Areas. Existing wetlands drainage ways accepted by the city shall not be considered in the parkland and/or cash contribution to the city. H. The City Council shall review the park dedication fee requirements periodically, to ensure that the required fee remains consistent with park and trail system development costs. Subd. 7. Land Dedication/Payment of Fees A. Land Dedication. When land is to be dedicated to satisfy the park dedication requirement, separate lots or outlots shall be indicated on the plat drawings for the area(s) to be dedicated. Permanent trail easements may be allowed for dedication of trail corridors shown on the Parks and Trails Plan. Such lots, outlots or easements shall be deeded to the City prior to the issuance of any building permits within the plat. B. Installation of Improvements. As part of their development contract or site plan approval responsibilities, owners and developers shall be responsible for making certain improvements to the developments for park, playground, trail and public open space purposes, including, but not limited to, finished grading and ground cover for all park, playground, trail and public open spaces within their developments. No credit toward the required dedication shall be given for this work. C. Cash fee. When a cash fee is to be paid in lieu of land dedication, the payment of such fee shall be required as follows: 1. For residential developments, the fee shall be paid prior to the City's release of the signed final plat mylars for recording with Hennepin County. 2. For commercial and industrial developments the fee shall be paid prior to issuance of any building permits within the subdivision. 3. Park dedication is required for all newly created lots or parcels. 4. In plats that include outlots for future development, the subdivider may pay to the City 1) the development's proportional share for the entire subdivision, including the outlots, or 2) the development's proportional share excluding such outlots, providing that the park dedication requirement shall be satisfied when such outlots are replatted. Subd. 8. Credit for Private Parks A. Standards for Credit. At the City Council's discretion, Park dedication credit may be given where private parks and facilities are provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision. Credit maybe considered when the City Council finds it is in the public interest to do so, and that the following standards are met: Such credit may be given only for park areas within the proposed subdivision that are designated on the Parks and Trails Map as Neighborhood Parks. 2. The facilities proposed for the private parks and facilities shall be in substantial accordance with the provisions of the Parks and Trails Plan, and approved by the City Council. 3. In no circumstances shall such credit for private facilities exceed 20 percent of the amount required to be dedicated to the public under this chapter. The council and Parks Commission will consider the proportion of neighborhood park needs provided by the proposed facility, and the proportion of new neighborhood residents to be served by the facility in determining the credit to be given for private park facilities. 4. Yards, court areas, setbacks and other open space required to be maintained by the zoning ordinance shall not be included in the computation of such private open space. 5. The private ownership and maintenance of the parks is adequately provided for by written agreement. 6. The private parks are restricted for park and recreation purposes by recorded covenants that run with the land in favor of the future owners of property within the subdivision and which cannot be modified without the written consent of the City Council. 7. The proposed private parks are reasonably adaptable for use for park or recreation purposes, taking into consideration such factors as size, shape, topography, geology, drainage, access, and location of the proposed facilities. Subd. 9. Park Fund. A. Purpose of Park Fund. Cash payments shall be placed by the City in a special park fund and used only for the acquisition and development of land for parks, trails, playgrounds, public open space; development of existing park and playground sites, public open space; and debt retirement in connection with land previously acquired for park purposes. B. Annual Financial Report. Each year, the Parks and Trails Commission shall present to the council, in such detail as the council shall require, its estimate of the financial needs of the Parks and Trails Commission for the ensuing fiscal year. C. Gifts and Donations. The Parks and Trails Commission is authorized to receive gifts, devises, bequests, endowments, or other donations of money and property on behalf of the City. All moneys received shall be deposited in the Park Fund. (Ord 196, passed 06- 24 -04, Ord. 223, passed 08- 11 -05) SECTION 955 — PARK DEDICATION 955.010 - Statutory Authorization. Findings of Fact and Statement of Purpose Subd. 1. Statutory Authorization. Minnesota Statutes Section 462.358.Subd.2b provides that municipal subdivision regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands, or open space, and that the municipality may alternatively accept an equivalent amount in cash based upon the undeveloped land value. Subd. 2. Findings of Fact. The City Council finds that A. The preservation and development of parks, playgrounds, trails and open space areas within the City are essential to maintaining a healthy and desirable environment for residents and persons employed within the City. The presence of parks, trails and open space amenities also enhances the value and attractiveness of residential and commercial/industrial developments to landowners, developers, purchasers, employers, and employees. The City must not only provide for its present citizens, but it must also provide for the future. B. New developments place a burden upon the City's parks and open space system. New facilities must be developed concurrently with development in order to provide the desired level of service and the quality of the environment for all. Therefore, new developments shall be required to contribute toward the City's park system in rough proportion to the relative burden they will place upon the park system. C. The City Council recognizes that the need for such parks, trails, and public open spaces is directly related to the density and intensity of population and development permitted and allowed in the City. Urban development results in increased population, increased intensity of use and greater demands for such public areas and facilities. D. Development of land for schools, religious institutions or other non- profit organizations may create additional demand on the City's park and recreational land and facilities. The City may create partnerships with these organizations that foster cooperative use of school, non- profit and park properties for recreational activities. 955.020 - Required Dedication Subd. 1. Dedication of Land or Cash A. Pursuant to Minnesota Statutes Section 462.358, Subd. 2b, the City requires all subdividers as a prerequisite to approval of a final subdivision plat, land division, or development of any land previously divided by plat, metes or bounds or any other means, which has not provided park dedication, to convey to the city or dedicate to the public use for park, playground, open space, or trail a reasonable portion of the land being platted, divided, or developed as hereinafter specified. The portions to be dedicated will be approved by the City; or in lieu thereof the subdivider shall at the option of the city pay to the city, for use in the acquisition or development of public parks, playgrounds, or in debt retirement in connection with land previously acquired for such public purposes, an equivalent amount in cash based upon the undeveloped land value. Park Dedication is only due in cases where additional new parcels are created. Park dedication would not be due in situations where a replat or lot line adjustment is required to modify lot boundaries without creating any additional lots. B. The form of contribution (cash, land, or any combination thereof) shall be decided by the City Council based upon need and conformance with the comprehensive plan. Subd. 2. Administrative Procedures. The City Council shall establish such administrative procedures as they may deem necessary and required to implement the provisions of this chapter. Subd. 3. Parks and Trails Commission Recommendation. A. The Parks and Trails Commission shall, in each case, . recommend to the City Council the total area and location of such land that the Parks and Trails Commission feels should be so conveyed or dedicated within the development for the above public purposes. These recommendations shall be based on the recommendations included in the City parks and trails plan. B. The Parks and Trails Commission shall review the preliminary plat and recommend to the Planning Commission and City Council the total area and location of the land the Park and Trails Commission determines should be dedicated for park use. The Park and Trails Commission shall provide its recommendation prior to the time that the Planning Commission completes its public hearings on the preliminary plat;_ review the ....e"HiiHar. plat and recommend t& 41+e Planning Commission N.o total area and location of the L..,d the Park and Trails Gotuniissign determines should be dedicated for park use. The Pat1F9 and Timi's Gaimmissien shat •s� ^� i-eeammendinions to the Planning Commission and City y �- Formatted: List Paragraph, Left, Na bullets or -- 3 numbering C. In those instances where the Parks and Trails Commission conclude that a cash equivalency payment should be made by the applicant or owner in lieu of dedication of land, the Parks and Recreation Commission shall recommend to the Planning Commission the percentage of the total park dedication requirement to be paid to the City in cash. I3:D In the event that review at a regular meeting of the Parks and Trails Commission would result in a delay in the review and approval process so that the time limitations of Minnesota Statutes Section 462.358 may not be met, the requirement of review by the Parks and Trails Commission may be waived by either the applicant or by the City Council at the time of its review of the application. Subd. 4. Standards for Determination. t- - - Formatted: List Paragraph, Left, No bullets or numbering A. The Parks and Trails Commission shall develop and recommend to the City Council for adoption standards and guidelines for determining which portion of each such development should reasonably be required to be conveyed or dedicated. Such standards and guidelines may take into consideration the zoning classification to be assigned to the land to be developed, the particular use proposed for such land, amenities to be provided, and factors of density and site development as proposed by the subdivider. The Parks and Trails Commission shall further recommend changes and amendments from time to time to such standards and guidelines to reflect changes in the usage of land which may occur, changes in zoning classification and concepts and changes in planning and development concepts that relate to the development and usages to which land may be put. B. The Parks and Trails Commission shall develop and recommend standards for design and construction of public parks, trails, and open space areas in the city. These standards shall be included in the parks and trails plan. Subd. 5. Dedicated Land Requirements. Any land to be dedicated as a requirement of this chapter shall be reasonably adapted for the above public purposes. Factors used in evaluating the adequacy of proposed dedication areas shall include size, shape, topography, drainage, geology, tree cover, rare species and other significant wildlife habitats, access, and location. Subd. 6. Minimum Area of Dedicated Land. At a minimum, Ssubdividers shall be required to dedicate to the city for park, trail, playground; and open space and other public purposes ° tha the percentage of net land area or equivalent market value in cash as- set - out - belewidentified below: Residential land uses dedication requirements: __ - Formatted: Font: Bold Formatted: Indent: Left: 0.5 ", First line: 0.5" Land Use Category based on Units per acre Percentage of land or equivalent market value in cash the Comprehensive Plan Rural /Ag Residential Less than 3 10% Low Density Residential 3 -5 11% Medium - Density Residential 6 -8 12% Mixed Residential 8 -10 13% High- Density Residential and 10+ 14% Mixed -Use Commercial and Industrial N/A 5% pese�^`- p^a:,� aHe , ensrki- s;a„- be remxle�11940 m.er. For o?;ample a development at 9.5 .its per acre would he required to pay 1,19% pack de�HeaHen: A.- to no event shall the each i.i lieu of land payment e.. unit. The City Council may identify a maximum park dedication fee per residential unit. The subdivider may chose to nay the per unit fee for a residential subdivision rather than the equivalent cash market value calculated using the table above for residential land use dedication requirements B. The City Council shall review the park dedication fee requirements periodically imixi.....m cash in lieu of land payment at least every o yeays, to ensure that the required fee-it remains consistent with park and trail system development costs. G. Commercial and industrial land uses: Dedication requirement is five -- Formatted: Numbered+ Level: I+ percent (5 %) of land or equivalent market value in cash.: • «^-.r ^t e:. ^u Numbering Style: A, B, C, ... +Start at: 1 + Alignment: Left +Aligned at: 0.25 +Tab .re .«,.:« he of land «^. «^ «« ,.^e ^d en cnn .e« e^.^ ^ot. «d ^ « ^.ed s after: 0.5" + Indent at: 0.4' development. t --- Formatted: Indent: Left: 0 ", Flrstllne:0" E. Developments that include memory care and assisted living units shall apply the - - -- Formatted: Numbered +Level: l + commercial rate to the percentage of memory care and/or assisted living units that are in Numbering Style: A, B, c, ... + start at: I + the roiect, multiplied by the project net acres. Alignment LeR +Aligned at: 0.25" +Tab P P 1 after. 0.5" + Indent at: 0.5" D. Schools, religious institutions and other non -profit organizations: Dedication requirement shall be determined by the City Council based on discussion with the School District or non - profit agency. Recommendations will be based on anticipated use of City park facilities by the school or organization, and shall consider agreements for cooperative use of school recreational facilities. E. Determination of Fair Market Value. To determine the fair market value of the undeveloped land, the Developer shall submit an appraisal at the time of preliminary plat application. The city will then obtain a review appraisal as a validation of the Developer's appraisal. If staff and the Developer are unable to agree on fair market value, the City Council will make the determination of fair market value. Lands Designated On Official Map or Comprehensive Land Use Plan. Where a proposed park, playground, trail or open space area indicated in the city park and trail plan or comprehensive plan is located in whole or in part within a proposed subdivision, all or part of the proposed public site shall be designated as such and should be dedicated to the city, based on the area of land dedication required by this ordinance. G. Deviation from Required Dedication. The dedication requirements based on the development's proportional share of the City park system are presumptively appropriate. H. Wetlands and Ponding Areas. Existing wetlands drainage ways accepted by the city shall not be considered in the parkland and/or cash contribution to the city. Subd. 7. Land Dedication /Payment of Fees A.—Land Dedication. When land is to be dedicated to satisfy the park dedication requirement, separate lots or outlots shall be indicated on the plat drawings for the area(s) to be dedicated. Permanent trail easements may be allowed for dedication of trail corridors shown on the Parks and Trails Plan. Such lots, outlots or easements shall be deeded to the City prior to the issuance of any building permits within the plat. The deyelepef shall be -,. ...:6 e r finished ,,....d'.... ground cover and e0oStRuetion ,.ft ads 1 lanniq to he dpuFfic.ted t,. theC't. No e.ed't toward the required dedication shall he given for this work ....eept that .....alit A.f the and ......a within tFail ...........ents 49 . trail included in the City's adopted trail plan will be given. -- -- Formatted: Indent: Lek: 1.25', No bullets or numbering A. Installation of Improvements. As part of their development contract on - -- j Formatted: Indent: Lett: 1", Numbered+ site plan approval responsibilities, owners and developers shall be Level: 1 + Numbering Style: A,a,C,... +start at: 1 + Alignment: Left + Aligned at: 0.25" + responsible for making certain improvements to the developments for Tab after: OS' +Indent at: 0.5 ", Tab stops: park, playground, trail and public open space purposes, including, but 1.25 ust tab not limited to, finished grading and ground cover for all park, playground, trail and public open spaces within their developments. No credit toward the required dedication shall be given for this work. --- Formatted: List Paragraph, Left, No bullets or numbering, Tab stops: Not at 1.25" B. Cash fee. When a cash fee is to be paid in lieu of land dedication, the payment of such fee shall be required as follows: 1. For residential developments, the fee shall be paid prior to the City's release of the signed final plat mylars for recording with Hennepin County. 2. For commercial and industrial developments the fee shall be paid prior to issuance of any building permits within the subdivision. 3. Park dedication is required for all newly created lots . or parcels. 4. In plats that include outlots for future development, the subdivider may pay to the City 1) the development's proportional share for the entire subdivision, including the outlots, or 2) the development's proportional share excluding such outlms, . providing that the park dedication requirement shall be satisfied when such outlots are replatted. Subd. 8. Credit for Private Parks A. Standards for Credit. At the City Council's discretion, Park dedication credit may be given where private parks and facilities are provided in a proposed subdivision, . and such space is to be privately owned and maintained by the future residents of the subdivision. Credit may be considered when the City Council finds it is in the public interest to do so, and tbatthe following standards are met: 1. Such credit maybe given only for park areas within the proposed subdivision that are designated on the Parks and Trails Map as Neighborhood Parks. 2. The facilities proposed for the private parks and facilities shall be in substantial accordance with the provisions of the Parks and Trails Plan, . and approved by the City Council. 3, In no circumstances shall such credit for private facilities exceed 20 percent of the amount required to be dedicated to the public under this chapter. The council and Parks Commission will consider the proportion of neighborhood park needs provided by the proposed facility, and the proportion of new neighborhood residents to be served by the facility in determining the credit to be given for private park facilities. 4. Yards, court areas, setbacks and other open space required to be maintained by the zoning ordinance shall not be included in the computation of such private open space. 5. The private ownership and maintenance of the parks is adequately provided for by written agreement. 6. The private parks are restricted for park and recreation purposes by recorded covenants that run with the land in favor of the future owners of property within the subdivision and which cannot be modified without the written consent of the City Council. 7. The proposed private parks are reasonably adaptable for use for park or recreation purposes, taking into consideration such factors as size, shape, topography, geology, drainage, access, and location of the proposed facilities. Subd. 9. Park Fund. A. Purpose of Park Fund. Cash payments shall be placed by the City in a special park fund and used only for the acquisition and development of land for parks, trails, playgrounds, public open space; development of existing park and playground sites, public open space; and debt retirement in connection with land previously acquired for park purposes. B. Annual Financial Report. Each year, the Parks and Trails Commission shall present to the council, in such detail as the council shall require, its estimate of the financial needs of the Parks and Trails Commission for the ensuing fiscal year. C. Gifts and Donations. The Parks and Trails Commission is authorized to receive gifts, devises, bequests, endowments, or other donations of money and property on behalf of the City. All moneys received shall be deposited in the Park Fund. (Ord. 196, passed 06- 24 -04, Ord. 223, passed 08- 11 -05) Agenda Item • ! L A N D F 0 R M From Site to Finish • 105 South Fifth Street, MEMORANDUM Suite 513 Minneapolis, MN 55401 DATE .September 13, 2011 TO Dan Donahue cc City Council, Planninq Commission FROM Kendra y , Lindahl City Planner ..................................................._.................................. ............................... RE Active Corcoran Planning Applications The following is a summary of project status for current, active projects: r • • Tel: 612 - 252 -9070 Fax: 612 - 252 -9077 www.landform.net Armbruster Topography and Wetland Waiver (city file no. 09 -011). An application has been received for a waiver from the topography and wetland requirements and was reviewed by the City Council on November 23, 2009. The City Council expressed concerns about the concept and directed the applicant to revise the concept plan. The applicant submitted a letter extending the review period until January 2012. This will allow the city time to complete the ordinance updates and allow the applicant additional time to explore their options for development /subdivision. 2. Ordinance Updates. The City is in the process of updating the subdivision ordinance, zoning ordinance and zoning map to implement the 2030 Comprehensive Plan. The zoning ordinance and zoning map updates were reviewed by the Planning Commission on September 1St and recommended for approval. The City Council will consider adoption on September 22nd. The subdivision ordinance updates and park dedication ordinance updates have been delayed until after adoption of the zoning ordinance updates. 3. Daryl and Lori Patnode Accessory Building Contract (city file no. 11 -006). The Patnodes requested that the City allow them to construct an addition onto an existing barn without approval of a CUP or Certificate of Compliance due the close of the construction season and need for the barn addition. The City and the Patnodes that allowed the Patnodes to begin construction on the barn with the condition that they submit a Certificate of Compliance for City approval upon adoption of the new Zoning Ordinance that will create the new process. Also, there are a number of projects that have been approved, but are still not filed and closed out: 1. Corcoran Business Park (city file 06 -005). The City Council granted a one year extension to the final plat approval, which expired on April 12, 2011. Staff has spoken to the applicant and will be working to close out this project. 2. Kellys West Oaks (city file 07 -003). On August 9, 2007, the preliminary plat was approved by Res. 2007 -54. Res. 2008 -06 granted final plat approval with 7 findings and conditions on January 24, 2008, including a condition requiring vacation of an existing easement. The applicant requested and was granted a one year extension to the approvals. On February 10, 2011, the City Council approved an after - the -fact plat extension. The approvals now expire on November 1, 2011 unless the applicant has complied with all conditions of approval and recorded the final plat at Hennepin County. 3. Savoie Fields Final Plat (city file no. 07 -011). This two -lot subdivision was approved and received one extension that expired on January 28, 2011. The landowner has applied for an after - the -fact extension of the plat approvals. This item was approved by the City Council on July 28, 2011. The final plat approvals now expire on January 28, 2012. Landform'"', SensiblyGreen$° and Site to Finish'" are service marks of Landform Professional Services, LLC. 1 4. Lions Park (city file 09 -001). The rezoning to PUD, PUD general plan and PUD final plan to formalize the existing land uses and allow seasonal outside motor vehicle storage was approved by the Council on August 27, 2009. The rezoning was effective on the date of approval. However, the applicant must initiate construction of the improvements PUD within one year after the effective date of the PUD rezoning by the City Council. Upon good cause shown, the City Council may extend the time for one additional year. If construction is not commenced within these time periods, any building permits issued for the PUD shall be void and the Planning Commission may initiate proceeding to rezone the subject property. The one year period ended on August 27, 2010. Staff visited the site on November 1s` and noted that while some improvements have taken place, including permits along CR 101, the outside storage of vehicles was not initiated within the one year period and the approvals have expired for that portion of the project. Any work on site requires submittal of plans to the city for review and approval. 5. Northern Natural Gas Administrative Permit (city file 09 -009). An administrative permit for a meter station was approved and is under construction. The city will retain the escrow account until the project is completed to ensure that the project is completed according to the plans. The majority of the improvements and conditions of approval have been met. However, the landscaping has not yet been installed. Northern Natural Gas indicates that there are still connections that need to be made on site and landscaping cannot be installed until completed. City staff was notified that the landscaping was installed on site and conducted an inspection June 3, 2011. The landscaping and all other improvements were installed per City requirements. Staff will begin the project closeout process. 6. Gleason Administrative Permit (city file 10 -004). An administrative permit for replacement of a legal, non - conforming structure at 7105 CR 19 was administratively approved. The building is under construction. The city will retain the escrow account until the project is completed. 7. Park Place Storage Conditional Use Permit Amendment and Site Plan Amendment (city file 10- 006). On September 23rd the City Council approved Resolution 2010 -36 approving the request with a number of conditions. The applicant is working to address those conditions. The approvals expire on September 23, 2011 unless work has begun. 8. Satellite Industries Site Plan Amendment, Conditional Use Permit Amendment, Lot Consolidation and Easement Vacation (city file 10 -007). On September 23rd the City Council approved Resolutions 2010 -37, 2010 -38 and 2010 -39 approving the request with a number of conditions. The applicant has addressed those conditions and has submitted a building permit application and has begun site work. It is staff's understanding that the work will be completed and ready for inspection in early October. The city has a financial guarantee in place to ensure completion. 9. Corcoran Wildlife Preserve (city file 10 -009). Preliminary plat (city file 06 -004) was approved on September 27, 2007 (Res. 2007 -72) with 8 findings and conditions. On September 23, 2010, the city council approved Resolution 2010 -40 approving the final plat. The applicant has 2 years to address all conditions of approval and record the final plat. The final plat approvals will expire on September 23, 2012 unless the applicant requests and is granted an extension. 10. Rocks N Blocks Site Plan Amendment and Conditional Use Permit (city file no. 10 -012). An application was received for a Conditional Use Permit and Site Plan Amendment to continue operation of a business with outside storage at 20010 751h Avenue North. The application was approved by the City Council on June 23,d 11. AT &T Antenna Replacement at Lions Park, 7205 CR 101 (City file 11 -002). An administrative permit was granted to remove and replace several antennas on this existing tower. No structural changes were proposed and there were no changes to the approved site plan. 12. AT &T Antenna Replacement at 23240 CR 50 (City file 11 -003). An administrative permit was granted to remove and replace several antennas on this existing tower. No structural changes were proposed and there were no changes to the approved site plan. MEMORANDUM 13. Patnode Conditional Use Permit (city file no. 11 -004). An application was received for a Conditional Use Permit for living quarters accessory to an Agricultural use. This is the follow up to the wetland and topography waiver granted on January 27th (city file 11 -001). The application was approved by the City Council on June 23rd 14. Custom Filtration Inc. Site Plan Amendment and Conditional Use Permit Amendment (city file no. 11 -005). An application received for a site plan amendment and conditional use permit amendment for a building and parking lot expansion for the existing business at 7219 CR 116. The City Council approved the request on July 28, 2011. The landowner is now working to address outstanding items that were included as conditions of approval. 15. Stieg Replacement of a legal, non - conforming structure at 19510 Stieg Road (city file no. 11- 007). An application for an administrative permit to allow reconstruction of the legal, non - conforming garage located at 19510 Stieg Road. The project was approved and a building permit has been applied for. Upon completion of the project, the applicant will request a refund of any remaining escrow. MEMORANDUM