HomeMy WebLinkAboutOrd. 361 - Park Dedication Fees/Commercial/Industrial Land
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE 361
AMENDING CITY CODE TITLE 11-3-7 TO CHANGE THE PARK DEDICATION
FEES REQUIRED OF COMMERCIAL/INDUSTRIAL LAND
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
City Code 11-3-7, is hereby amended as follows (underlining indicates new language and
strikeouts indicate language to be removed):
11-3-7: PARKS, PLAYGROUNDS, OPEN SPACE AND PUBLIC USES:
A. Lands For Public Use Required: Pursuant to Minnesota Statutes Section 462.358, as
amended, the City Council of the City of Andover shall require all owners or
developers, as a prerequisite to approval of a plat, subdivision or development of
land, to convey to the City or dedicate to the public use for park or playground
purposes, a reasonable portion of the area being platted, subdivided or developed as
hereinafter specified. Said portion to be approved and acceptable to the City, or in
lieu thereof, the owners or developers shall, at the option of the City, pay to the City
for the use in the acquisition of public parks, open space and playgrounds,
development of existing public park and playground sites, and debt retirement in
connection with land previously required for public parks and playgrounds. Any park
cash contributions lHl.S@d @Il mark€'lt vahle for commercial/industrial zoned property is
to be determined as identified in Subsection C" 0fthis s€'i@tisIl are ts B€'i €'ial€'iEMated ami
estaBlished Ba3€'id SIl th€'iland ",'ahi@ at the time sf fiIlal fllat. Any park cash
contributions for residential zoned property are to be determined as identified in
Subsection C of this section. The form of contribution (cash or land) shall be decided
by the City based upon need and conformance with the approved City Park
Comprehensive Plans. (Amended 9/18/07, Ord. 355)
C. Cash Contribution In Lieu Of Lands:
1. Amount Determined:
a. In lieu of land dedication, the City may require from the developer or owner a
cash contribution which is based on a fee per lot/unit basis for the development of
residentially zoned property. In the case of the development of
commercial/industrial zoned property, the City may require a cash contribution
from the developer or owner which is based on a rate that is commensurate with
single family residential (using three units per acre times the current fee per lot
unit). mwdnmm sh@1l fler@@Ilt (1 g%,) 8fthe market ",'alti@ 8fth@ land Sf as
e8taBlish@d BY the flar-k d€aieatisIl study. These fees are established and adopted
by the City Council and are effective for any plat that has not received
preliminary plat approval after the date of publication of this title. The fees would
also apply to plats that have received preliminary plat approval, but have not
received final plat approval by the City CounciL If an extension is requested of
the preliminary plat beyond the twelve (12) months, the fee that is in effect at the
time of the extension is the fee that is to be contributed. Park cash contributions
are to be paid to the city prior to the recording of the fmal plat at the county. The
City Council may require the payment at a later time under terms agreed upon in
the development agreement. Delayed payment may include interest at a rate
set by the city. (Amended 9/18/07; Ord. 355)
2. M~€lt '/ahu~ OfLaRB3: "t1arkgt ~;ahH~", f@f the p~@3@:3 gf@:ahnllatiIlg th@:
e€lmm€Feial,liIldti.3tflal park B€Hliea'ti@Il fel:! as f:e~if:@lB s)" this title shall se
B@:t@ll'DliIleB as €lf th€l time €lf th€l [mal plat appy€l-;aI vlithaut im.Py€l-, 'em€Iits ill
a€le@YBanee -;:ith the f@Ihnving:
a. TIu~ P8l'--l~ aRB Rg€lygati€lll C@mmissi@ll anB €J-;l.ll€'iF3 ar Be~;el€Jp€lf:8 ma)' Y€le€lmmellB
t€J the CitJ, C@lffi€lil thl:! mad~gt -;alM€l. Th€l Cit), Caoo€liI, aft€lf Y€l';ig-;.'ing the Park aRB
R€l€lY€laii€lll C@m.m.f3si€JIl'S r€l€l€l:mmgllBati€Jll, m&)' agr€l€l 'llith th€l €l,/,'ll€lY @r th€l
G€'!.'€'iI@p€lf a8 t@ marl:€t 7a1U@, @f (..:"J!ie:llGe:B ~/1R/9:, OrB. :55)
s. The a';l.ll€'if ar the B€'i-;€'il€~pgr ma:i' seI€l€lt an a€leY€lait€la appmis€lY that has S€lell
appfg-;€la S~,. the €lit), i0 €l8Iaslish th€'i marl~et -;alli€. Th€ appmisal shall S€l at th€l
€lJ~€'iIl8€ €lfth€l a~;.'ll€lr 0r iae a€\'eI€lp€r. SM€lh appraisal saall S€ ae€l€lFliea s:" the City
C€lOO€lil ana the €l':lll€lY €lr a€~;el€lp€r as S€illg; an ae€lllf.at€ apfll'a!sal €lf "market -;alue".
(.^J!iI311Gea ~/lR/g7, OYa. :55)
All other sections of the City Code shall remain as written and adopted by the City
Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 2nd day of January, 2008.
CITY OF ANDOVER ~~
ATTEST:
(J~~~r" (Ja ichae R. amache, Mayor
Victoria V olk, City Clerk