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HomeMy WebLinkAboutCity Council Resolution 1998-484RESOLUTION 98-484 Formatted POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR PARK OR PLAYGROUND PURPOSES OR WITH RESPECT TO WHICH CASE IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION 500.25 OF CHAPTER V OF THE CITY CODE Resohrtion Vo. 98-151 March 4, 1998 (Supersedes Res. 96-693, Dec. 18, 1996; Res. 96-111, Feb. 21; 1996, Res. 72-42, Jan. 17, 1972; Res. 73-1.15, April 6, 1973; Res. 73-2.13, Jirly 2, 1973; Res. 74-51, Jan. 21,1974; Res. 78-292, 11ay 15,197S; Res. -Vo. 78- 308, -11ca) 22,197S; Res. Vo. 79-419, July 23,109; Res. Vo. 79-738, 1'ou 5, 1979; Res. Vo. 80-344, _11ca) 19,19(0; Res. 81-198, -11arch 16,1981; Res. 82-44, January 15,1982; Res. 83-8.1, Feb. 7,1983; Res. 8.1-85, Feb. 6, 1984; Res. 85-1.18, Feb. 25,1985; Res. 86-89, Feb. 3, 1986; Res. 86- 275, l lay 5, 1986; Res. 87-92, Feb. 2,1987; Res. 88-69, Jan. 25, 1988; Res. 89-65, Jan. 23,1989; Res. 89-129, Feb. 27,1989; Res. 90-115, Feb. 8, 1990; Res. 91-83, Jan. 28,1991; Res. 93-6.1, Jan. 25, 1993; Res. 9.1-10.1, Feb. 7, 1994) 1. Purpose: The Citv Council recognizes it is essential to the health, safety, and welfare of the residents of Plymouth that the character and quality of the environment be considered to be of major importance in the planning and development of the City. In this regard, the manner in which land is developed and used is of high priority. The presentation of land for park, playground, and public open space purposes as it relates to the use and development of land for residential, commercial and industrial purposes is essential to the maintaining of a healthful and desirable environment for all citizens of the Citv. We must not only provide these amenities for our citizens today, we must also be mindful of our future citizens. It is recognized by the City Council that the demand for park, playground and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any given area. Urban type developments mean greater numbers of people and higher demands for park, playground and public open space. To disregard this principle is to inevitably over -tax existing facilities and thus diminish the quality of the environment for all. It is the police of Plymouth that the following standards and guidelines for the dedication of land for park, playground and public open space purposes (or cash contributions in lieu of such dedication) in the subdividing and developing of land within the City shall be directly related to the density and intensity of each subdivision and development. 2. Standards for Accepting Dedication of Land for Public Purposes: In the consideration of accepting the dedication of land for public purposes the following special provisions shall apply: Res.98-484 Page 2 A. Land proposed to be dedicated for public purposes shall meet identified needs contained in the City's Comprehensive Park and trail Corridor Plans. B. To be eligible for park dedication credit, land dedicated to be located outside of draimyays, flood plains or ponding areas after the site has been developed. C. In those cases where subdividers and developers of land provide significant amenities, such as, but not limited to, swimming pools, tennis courts, handball courts, ballfield, etc., within the development for the benefit of those residing or working therein, and where, in the judgment of the City Manager, such amenities significandv reduce the demands for public recreational facilities to serve the development, he may recommend to the Citv Council that the amount of land to be dedicated for park, playground, or public open space (or cash contribution in lieu of such dedication) be reduced by an amount not to exceed seventeen percent (17%) of the amount calculated above. I). Exceptions to those provisions shall be reviewed and recommended by the Park and Recreation Advisory Commission. 3. Residential Dedication Requirements: To satisfy park dedication requirements, subdividers and developers of residential land shall be required to dedicate land to the City for park, playground, and public open space, in accordance with one of the following three criteria, at the option of the Citv. The required land dedication and/or payment of fees -in -lieu of land dedication shall be made at the time of final subdivision approval, except in the case of multiple residential developments where required site plan approval occurs other than at the time of final subdivision approval; in that case the required land dedication and/or payment of fees -in - lieu of land dedication shall be made at the time the site plan is approved and building permits are issued. A vacant or developed parcel shall be subject to this requirement when it is verified that park dedication requirements have not been applied to the parcel. A. The dedication of that amount of land required by the City for park, playground, and public open space based upon the approved density of the development in accordance with the graph on attached Exhibit A. The percentage derived from Exhibit A shall be applied to the area of the site for which density is calculated. B. A cash contribution in lieu of land dedication based upon the sum of $1,500 per dwelling unit and not less than two dwelling units per acre. This sum represents the City Assessors periodic estimate of the average value of undeveloped residential land in the Citv of Plymouth based on the assumption that (1) such land develops at two dwelling units per acre and (2) the developer is required to dedicate ten percent of the land for park, playground, and public open space. The City Manager shall provide the Council, at its first meeting in February each year, or such other times as the Council may direct, with a report from the City Assessor indicating an estimate of the average value of undeveloped residential land in the community and a survey of residential fees in effective in other comparable communities. C. When determined by the Citv, the developer shall be required to dedicate a portion of the area in land with the balance to be made in fees in lieu of such dedication. In such cases the following procedures will be used: Res.98-484 Page 3 (1) The City shall calculate the total amount of land for park area which could be required in accordance with this police. (Item 3.A) (2) From the total amount of land calculated in (1) above, the Citv shall subtract the actual amount of land the City needs for park, playground or public open space in the proposed development. (3) The balance of the park area otherwise required shall be calculated as a percentage of the total park dedication obligation. This percentage shall be multiplied by the approved project density, net area for which density is calculated and current per dwelling unit park dedication fee to yield the total cash park dedication requirement. 4. Industrial/Commercial Dedication Requirements: Subdividers and developers of commercial and industrial land, including commercial and industrial portions of Mixed Planned Unit Developments (MPT JD's), shall be required at the time the Site Plan is approved and Building Permits are issued, to dedicate to the City for park, playground, and public open space purposes that amount of land equal to ten percent of the land area within the development For the purposes of this requirement, land area shall mean the land area of the parcel to be subdivided less the area of any floodplains and/or wetlands, as defined and regulated by the Zoning Ordinance, that exist on the property prior to development and which will not be filled as part of the proposed development. A vacant or developed parcel shall be subject to this requirement when it is verified that park dedication requirements have not been applied to the parcel. In those cases where the City shall require payment of fees in lieu of such land dedication, the fees shall be in an amount equal to ten percent of the Assessor's estimated undeveloped land value for such property zoned in the classification requested by the developer;; R of the parcel to be subdivided less the area of any floodplains and/or wetlands, as defined and regulated by the Zoning Ordinance, that exist on the property prior to development and which will not be filled as part of the proposed development. These values shall be determined based upon the City Assessor's estimate of the average value of undeveloped commercial and industrial land in the City. The City Manager shall provide the Council, at its first meeting in February each year, or such other times as the Council may direct, with a report from the City Assessor indicating his estimate of the average value of undeveloped commercial and industrial land in the community and a survey of industrial/commercial fees in effect in comparable communities. In any event, the park dedication fees required shall not exceed $4,500 per acre. If the City determines that a developer shall be required to dedicate a portion of the land proposed for development for park or public open space purposes and such dedication does not satisfy the requirements of this police, the balance due the City in cash shall be based upon the Assessor's estimated value of the undeveloped land proposed for development. Res.98-484 Page 4 The City may permit easements to be dedicated by developers for trail corridors identified in the City's trail Corridor Plan thereby allowing the developer to include the land area in the determination of setbacks and building density on the site. In such cases, park dedication credit will not be given. 5. Required Improvements: Developers shall be responsible for making certain improvements to their developments for park, playground, and public open space purposes: A. To provide finished grading and ground cover for all park, playground, trail and public open spaces within their developments as part of their development contract or site plan approval responsibilities. No park dedication credit will be given for this work. B. To complete construct and pave all trails not identified in the City's trail Corridor Plan concurrently with the roads in their developments (i.e., grading with site grading and paving with street or parking lot paving). No park dedication credit will be given for connecting these trails to existing or proposed trails identified in the City's Trail Corridor Plan. C. To construct and pave all trails through and abutting their developments identified the City's trail Corridor Plan. Such trail improvements shall be undertaken at the same time as other public improvements are installed within the development, (i.e., grading with site grading and paving with street or parking lot paving). The Citv staff may recommend deviation from this police in the case of individual hardship in terms of the timing of installation of such trail facilities. The Cite will credit the cost of paving trails identified in the City's Trail Corridor Plan against the development's total park dedication requirements. The amount to be credited will be established at the time the final plat or site plan is approved based upon prevailing engineering cost estimates for such work as determined by the Citv. This work will be built according to engineering standards a provided by the City's engineering department. D. If sidewalks are constructed in the street right-of-way in lieu of trails within the development, no park dedication credit will be given. A sidewalk is defined as a public walkwav constructed within the street right-of-way. This police is to be construed as part of and administered in conjunction with Section 500.25 of the Citv Code. Adopted by the City Council on August 19, 1998.