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Res 2001 - 62 Amending Resolution 91-94, Establishing a Park Contribution FormulaCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 01-62 RESOLUTION AMENDING RESOLUTION 91-94, ESTABLISHING A PARK CONTRIBUTION FORMULA BE IT RESOLVED by the City Council of the City of Mendota Heights that Resolution No. 91-94 be amended in its entirety to read as follows: PARK DEDICATION FEE POLICY Subdivision 1 The City Council recognizes it is essential to the health, safety and welfare of the residents of Mendota Heights that the character and quality of the environment be considered to be of major importance to 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 City. 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 policy of the City of Mendota Heights that the following standards and guidelines for the dedication of land for park, playground and 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. Subdivision 2 The owners of land being subdivided shall dedicate to the City a reasonable portion of the land for use as public parks, playgrounds, trails or open space. The reasonable portion shall not be less than 10% of the total land in the proposed subdivision. The City may determine the location and configuration of any land dedicated, taking into consideration the suitability of the land for its intended purpose and future needs of the community for park, playground, trail, or open space property. This paragraph shall apply to all additional lots created through plats or subdivisions. It shall not apply to previously existing lots that develop or redevelop without requiring a replat or further subdivision. Subdivision 3 At the City's option, the subdivider shall contribute an amount in cash, in lieu of all or a portion of the land required under subdivision 1, according to the following fee guidelines: Single Family Residential $1500 per dwelling unit Townhomes/Duplexes/Condos $1500 per dwelling unit Apartments $1500 per dwelling unit Office/Industrial Property 10% of current market value of the unimproved land as determined by the County Assessor Commercial 10% of current market value of the unimproved land as determined by the County Assessor Subdivision 4 Prior to the dedication of the required property, the subdivider shall provide the City with an acceptable title opinion or title insurance policy addressed to the City that insures the title and the City's proposed interest in the property. In any dedication of required land, the subdivider must transfer good and marketable title to the City, free and clear of any mortgages, liens, encumbrances or assessments, except easements or minor imperfections of title acceptable to the City. If this land is not formally dedicated to the City with the final plat, the subdivider shall record all deeds of conveyance of the property to the City at the same time as the final plat or other appropriate division documents. Subdivision 5 At the City's option, the following properties shall not be accepted for purposes of the owner's compliance with Subdivisions 1 or 2 of this Resolution: a) Land dedicated or obtained as easements for storm water retention, drainage, roadway and other utility purposes. b) Land which is unusable or of limited use, and c) Land that is protected wetlands/floodplain area. Subdivision 6 Cash contributions for single-family residential development will be due and payable at the time of final plat approval by the City. Cash contributions for multi -family residential or commercial, office or industrial development will be due and payable at the time of final plat approval by the City, or at the option of the City, all or a portion of such. Payment may be deferred until building permits are issued at the option of the City. Cash contributions for single-family residential developments will be based on the number of new developable lots created and for multi -family residential developments will be based on the number of units included in the complex. Cash contributions for commercial, office and industrial developments will be based on the fair market value of the gross area created as a result of the development. Subdivision 7 Any cash contribution received pursuant to Subdivision 2 of this Section shall be placed in a separate City fund and used only for park, playground, trail or open space purposes. Subdivision 8 The City Council, at its discretion, may waive or reduce the requirements of this Resolution when the subdivision includes a City -assisted development or redevelopment area or achieves some other public purpose and the requirements would create a financial hardship for the project. Adopted by the City Council of the City of Mendota Heights this 2nd day of October, 2001. ATTEST: SIGN: itv Clerk ity Clerk Mayor Charles E. Mertensotto