HomeMy WebLinkAboutCity Council Ordinance 2002-01ORDINANCE NO. 2002-01
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 5 OF THE PLYMOUTH
CITY CODE TO ADOPT DEFINITIONS AND REQUIREMENTS FOR
DEDICATION OF LAND FOR PARKS AND OPEN SPACE
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Chapter 5 of the Plymouth City Code is amended to add new Section 500.04,
to read as follows:
500.04 DEFINITIONS: The following words and terms, wherever they occur in this
Chapter, shall be interpreted as herein defined:
Park Dedication Related Terms:
(a) Employees: The number of employees that are projected to work in a proposed
commercial/industrial development based on full build -out of the site. This number is
calculated by multiplying the maximum gross floor area (in thousands) of structural
improvements that the site can support by the average projected number of employees per
1,000 square feet of floor area of the proposed type of development, pursuant to Table 4-
A of Appendix 4A of the Plymouth Comprehensive Plan, as follows:
Property Type
Employees/ 1000 sq. ft
Office
3
Retail
2
Industrial
1.65
Office -Warehouse
1.65
Warehouse
1
If the property type of the development is not known at the time of subdivision, the
number of employees shall be calculated by using the property ype which results in the
Ordinance No. 2002-01
2001004 Park Dedication
highest number of employees projected to work in the proposed development, based on
the uses allowed by the Zoning Ordinance.
(b) Existing Park Land and Trail Acreage: The total acres of community_playfields,
city parks, neighborhood parks, mini -parks and school parks existing in 1999 as
documented by Chapter 8 of the Comprehensive Plan (1,270 acres), plus the land area of
trail outlots dedicated to the City as of 2000 as measured by the City's geographic
information system 68 acres), or 1,338 acres.
(c) Jobs: The number of jobs located within the city as of 1999 as estimated by the
Minnesota Department of Economic Security (51,712).
(d) Per Capita Commercial/Industrial Share: Ten (10) percent of the existing 12
land and trail acreage, divided by the number of jobs within the city. [(100/oX 1,338) /
51,712 =.0026 acres/capital
(e) Per Capita Residential Share: Ninety _(90)_percent of the existing park land and
trail acreage, divided by the City population as determined by the 2000 Decennial Census
(65,894)[(900/oX 1,338) / 65,894 =.0183 acres/capital
(f) Property Type: The classification of the proposed type of development in the
subdivision by the following categories. If the specific use(s) proposed in the subdivision
are not listed below, the property type shall be determined by the Zoning Administrator
to be that most similar to the proposed use based on the number of employees projected
to work in the development.
Property Type Examples of Land Uses
Office Bank, medical/ veterinary clinic, offices (professional or
commercial)
Retail All commercial development, other than Office
Industrial Assembly, automobile repair major), commercial printing,
fabrication, food processing, machine shop, manufacturing,
wholesale bakery
Office -Warehouse Laboratories, wholesale showrooms
Warehouse Distribution center. indoor storage. mini-storaize. truck
terminal, waste facilities
Residents: The number of residents that are expected to reside in a proposed
residential development. This number is calculated by multiplying the number of new
residential units in the proposed development by the average number of residents per unit
for the tvve of residential unit proposed, based on the Metropolitan Council's official
estimates as follows:
Ordinance No. 2002-01
2001004 Park Dedication
Type of Dwelling_ Residents per Unit
Single-family home 3_1
Duplex or Townhome 2_0
Multi -family (Apartments) 1_9
(h) Undeveloped Land Value: The fair market value of the land as determined by a
sale within the past one year or as calculated by the City Assessor, as of the date of final
plat or plan approval, whichever is higher.
SECTION 2. Chapter 5 of the Plymouth City Code is amended to revise Section 500.25 as
follows:
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Ordinance No. 2002-01
2001004 Park Dedication
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. ..OPINION 001010"01,00'""I
500.25 PARK DEDICATION
Subd. 1. Purnose and Findings.
a) 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.
(b) The City Council finds that:
(1) The preservation and development of parks, playgrounds, and open space
areas within the City are essential to maintaining a healthy and desirable
environment for residents and persons employed within the City. Further, the
. ..OPINION 001010"01,00'""I
111M.9 0.IM_MINAlwilm
500.25 PARK DEDICATION
Subd. 1. Purnose and Findings.
a) 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.
(b) The City Council finds that:
(1) The preservation and development of parks, playgrounds, and open space
areas within the City are essential to maintaining a healthy and desirable
environment for residents and persons employed within the City. Further, the
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2001004 Park Dedication
value and attractiveness of residential and commercial/industrial developments to
landowners, developers, purchasers, employers, and employees is significantly
enhanced by the presence of such parks and open space amenities.
(2) 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 maintain the current 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 portion to the relative burden they will place upon the
park system, in order to maintain the existing level of service to the community.
(3) Residential development of land creates approximately ninety (90) percent
of the need for park and recreational land and facilities within the City.
(4) Commercial/industrial development of land creates approximately ten 10)
percent of the need for park and recreational land and facilities within the City.
(5) Development of land for schools creates additional demand on the City's
park and recreational land and facilities, to the extent that the school serves
students who do not live within the City of Plymouth.
Subd. 2 DQdication Required.
a) At the time of subdivision, the developer shall dedicate land for Dublic use as
parks, playgrounds, recreation facilities, trails, or public open space, in an amount
equal to the development's proportional share of the City park system, as
determined by this chapter. Any land dedicated shall be in a location and of a
character consistent with and suitable for meeting the needs identified by the
City's Comprehensive Plan. Generally, land located within flood plains or
wetlands shall not be accepted to meet the proportional share of required land
dedication. The City may consider accepting ownership of these lands without
giving credit for park dedication.
If the City Council determines that land is not needed in the area of the proposed
subdivision, the City may alternatively require payment of an equivalent amount
in cash. Any such cash payment shall be used for the acquisition and
improvement of land for parks, playgrounds, trails, or public open space or as
otherwise provided by statute. The undeveloped land value shall be used to
determine the cash payment required in lieu of land dedication up to a maximum
cash payment of $2.300 per dwelling unit for residential development or $6,400
per acre for commercial/industrial development or schools.
(c) If the City Council determines that land is needed in the development but in a
lesser amount than the required proportionate share, the Council may require
payment of cash in lieu of land dedication based on a pro -rata share of the land
dedication that otherwise would be required.
Ordinance No. 2002-01
2001004 Park Dedication
(d) The dedication requirements based on the development's proportional share of the
City park system are presumptively appropriate. A developer may request a
deviation from the presumptive requirements based upon the anticipated impact of
that particular subdivision. The request must be made to the City Council as part
of an application for final plat approval.
Subd. 3. Calculation of Pro ortinal Share:
(a) Residential Development. A residential development's proportional share is the
per capita residential share multiplied by the number of residents expected in the
development.
fib) Commercial/Industrial Development. A commercial or industrial development's
proportional share is the per capita commercial/industrial share multiplied by the
number of employees expected in the development.
(c) Schools. A school's proportional share is the per capita residential share
multiplied by the number of students expected to attend the school who live
outside of the City of Plymouth.
Subd. 4. Land dedication/pavment of fees: Dedication of land and/or payment of
park dedication fees shall be as follows:
a) Land Dedication. When land is to be dedicated to satisfv the Dark dedication
requirement, separate lots or outlots shall be indicated on the plat drawings for the
area(s) to be dedicated. Such lots or outlots shall be deeded to the City prior to
the issuance of any building_ permits within the plat. The developer shall be
responsible for finished grading and ground cover and construction of trails in all
lands to be dedicated to the City. No credit toward the required dedication shall
be given for this work, except that credit for the cost of improvements to trails
included in the City's adopted trail plan may beig ven.
(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 Daid Drior to the Citv's
release of the signed final plat mylars for recording with Hennepin County. The
exception is that in the case of multiple -family residential developments where
the site plan review occurs after the time of final plat approval the fee shall be
paid prior to the issuance of any building permits.
(2) For commercial and industrial developments and schools the fee shall be
aid Lnor to issuance of any building ernits within the subdivision. Apro-rated
portion of the fee may be deferred if the subdivider proposes to construct
Ordinance No. 2002-01
2001004 Park Dedication
(2) For commercial and industrial developments and schools, the fee shall be
paid prior to issuance of any building_ permits within the subdivision. A pro -rated
portion of the fee may be deferred if the subdivider proposes to construct
significantly less square footage than the site supports, provided that any
remaining fees shall be paid if and when additional square footage is constructed
on the site in the future.
(3) 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, provided that the park dedication requirement shall be satisfied when such
outlots are replatted.
SECTION 3. This ordinance shall become effective immediately upon its passage.
ADOPTED by the City Council of the City of Plymouth this 8th day of January, 2002.
CITY OF PLYMOUTH
By:
oyc yn . Tierney, or
ATT -EST: J
Sandra R. Paulson, City Clerk