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HomeMy WebLinkAbout06.10.24 Parks and Rec - Joint Meeting with Planning Packet Meeting Location: Farmington City Hall, Conf Room 170 430 Third Street Farmington, MN 55024 JOINT PARKS & RECREATION AND PLANNING COMMISSION WORK SESSION AGENDA Monday, June 10, 2024 6:00 PM Page 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES 4. PRESENTATIONS 5. BUSINESS ITEMS 6. DISCUSSION ITEMS 6.1. Park Dedication Study Findings and Recommendations Listen to the presentation, ask any questions you have, and provide feedback on the draft Ordinance. Agenda Item: Park Dedication Study Findings and Recommendations - Pdf 2 - 18 7. COMMISSION ROUNDTABLE 8. STAFF REPORT/UPDATES 9. MEETING AGENDA TOPICS 10. ADJOURN Page 1 of 18 SPECIAL WORK SESSION AGENDA MEMO To: Parks and Recreation Commission From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Park Dedication Study Findings and Recommendations Meeting: Joint Parks & Recreation and Planning Commission Work Session - Jun 10 2024 INTRODUCTION: The City of Farmington (city) has an ordinance that pertains to dedicating land for parks, trails, and open space and is included in the packet. The current Park Dedication Ordinance (Ordinance) was last amended in its entirety in 2003. Several text amendments were made to the Ordinance in 2005 and 2007. Staff observed over the past year when platting of developments there has been confusion with certain aspects and language within the Ordinance. In addition, recently park dedication has been a contentious issue for developers and this has made its way to the Minnesota State Legislature. Minnesota Recreation and Parks Association (MRPA), which the city is a member of, has a legislative committee and hires a lobbyist to monitor and track state legislation impacting the parks and recreation industry. MRPA monitors park dedication legislation annually during sessions. With all this to consider, Hoisington Koegler Group Inc. (HKGi) was hired to complete a park dedication study. City council, at its February 21, 2023 meeting, approved an agreement with HKGi to complete a park dedication study. In April 2023, a joint work session was held with city council, planning commission, an presented HKGi from Trapp recreation commission. and parks and Rita introduction to park dedication and overview of the city’s current Ordinance. DISCUSSION: Following the joint work session, HKGi was to complete the park dedication study. This included reviewing the Assest Management Tool to determine an essential nexus, analyzing the current land dedication requirements, and reviewing sample sites within the city to better understand market value. HKGi was working on proposed updates to the park dedication Code language when we decided to pause the study to wait for the decision in a lawsuit between the City of Burnsville and Almir Puce on park dedication fees. This park dedication fee lawsuit was decided in the Supreme Court in the State of Minnesota and in favor of the City of Burnsville. Following publishing the opinion in the case, the city attorney reviewed the opinion, proposed edits to the Ordinance, and fees relating to parks. The upcoming timeline and process for the Ordinance update is: •June 10, 2024: Joint work session for planning commission and parks and recreation commission to present study findings and recommendations. •June 12, 2024: Parks and recreation commission will review and discuss information presented at Page 2 of 18 joint work session. Based on the discussion, the parks and recreation commission will approve the draft Ordinance and recommend to the planning commission to approve. •July 9, 2024: The planning commission will hold a public hearing. Based on the input, the planning commission will approve the draft Ordinance and recommend to city council to approve. •July 15, 2024: The draft Ordinance will be presented to city council for approval. Rita Trapp from HKGi will be attending the joint work session to present the park dedication study findings and recommendations. Included in the packet is a report from HKGi, which includes the new draft Ordinance. The city attorney reviewed the attached draft Ordinance and found it to be acceptable. ACTION REQUESTED: Listen to the presentation, ask any questions you have, and provide feedback on the draft Ordinance. ATTACHMENTS: Park Dedication Ordinance Study Report from HKGi Page 3 of 18 11-4-9: PUBLIC PARK, TRAILS AND OPEN SPACE DEDICATION: (A) Purpose: This section is adopted for the purpose of providing for the recreation, health, safety and welfare of the public through the orderly development of recreation areas and the conservation of natural resources and scenic beauty in the city of Farmington. The city council finds that the dedication requirements of this section are necessary to meet the minimum needs for parks, trails, wetlands and open space resulting from development of the uses subject to this section. (Ord. 003-490, 6-16-2003) (B) Land Dedication Required For Parks, Trails And Open Space: Minnesota Statutes Annotated section 462.358, subdivision 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. In every plat, replat or subdivision of land allowing development for residential, commercial, industrial or other uses or any combination thereof, or where a waiver of platting is granted (but excluding simple lot line adjustments which do not create additional lots), or when required by subsection (C) of this section, a reasonable portion of such land shall be set aside and dedicated by the owner or developer to the general public for parks, trails or public open space, or an equivalent amount in cash shall be paid to the city. For purposes of this section, the term "developer" includes all owners, developers or subdividers who have an interest in or control over the land to be subdivided. It is hereby found and declared that, pursuant to Minnesota Statutes Annotated section 462.358, subdivision 2b, it is reasonable to require dedication of an amount of land equal in value to that percentage of the undeveloped land set forth in subsection (C) of this section. It is also found that the primary users of neighborhood parks live in close proximity to the park. Said land shall be suitable for public use as parks, trails, and open space or for one of those purposes, as shall be determined in the sole discretion of the city, and the city shall not be required to accept land which will not be usable for parks, trails or open space or which would require extensive expenditures on the part of the city to make them usable. The city will not give park dedication credit for floodplains, wetlands, stormwater ponding areas, land encumbered by gas pipeline or other utility easements, slopes of more than twenty percent (20%) grade or for required sidewalks or walkways within road rights of way. All land dedicated for parks, trails, and/or open space shall be designed to incorporate natural features as much as possible such as rivers, streams, wildlife habitats, woodlands, and ponding areas. This dedication shall be in addition to the land dedicated for streets, alleys, storm water ponds or other public purposes. (Ord. 007-571, 2-20-2007) (C) Dedication Formula For Park Land, Trails And Open Space: The amount of land required to be dedicated by a developer for park, trail or open space shall be based upon the net area (gross area minus wetland and floodplain) of the land to be subdivided which could be developed for residential, commercial, industrial or other nonresidential purposes, shall be determined at the time of preliminary plat approval, and shall be calculated as follows: 1. Residential Development: Dwelling Units/Acre Land To Be Dedicated For Parks, Trails And Open Space 0 - 2.5 11 percent 2.6 - 5.0 12 percent 5.1 - 7.5 13 percent 7.6 - 10.0 14 percent 10.1 - 12.5 15 percent 12.6 - 16.0 16 percent For each additional 2.5 units over 16/acre, add 0.25 percent. If a lot which was a platted lot before the effective date hereof is split into two (2) lots, the land to be dedicated shall be five percent (5%) of the original lot. 2. Industrial Development: In industrial developments, five percent (5%) of the net area (gross area minus wetland and floodplain) included in the land to be subdivided shall be dedicated for parks, trails and open space. 3. Commercial Development: The park, trail and open space dedication requirement of the land to be subdivided for a commercial, light industrial and/or nonresidential subdivision or development shall be five percent (5%) of the net area (gross area minus wetland and floodplain) included in the land to be subdivided. 4. Mobile Home Park Development: The park, trail and open space dedication requirement for a mobile home park shall be based on the same requirements as subsection (C)1 of this section and shall be determined prior to the developer receiving approval of the site plan for such development. (Ord. 005-544, 9-19-2005) (D) Conformance With Comprehensive Plan: Land dedicated under this section shall reasonably conform to the city's comprehensive plan. The planning commission and park and recreation advisory commission shall recommend to the city council to adopt as part of the comprehensive plan the location of land for future parks, trails and open spaces in the city. If the comprehensive plan for the parcel of land to be subdivided calls for public property in excess of that required by subsection (C) of this section, the planning commission and city council shall, before approval or disapproval of the preliminary plat, consider the comprehensive plan and determine whether to take the necessary steps to acquire, by purchase or condemnation, all or part of the additional public property as called for by the comprehensive plan. If the city's trail master plan shows a trail within a development, it must be dedicated by the owner. (E) Cash In Lieu Of Land: The city shall have the option to require cash contributions in lieu of accepting dedication of land or, 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. Contributions of cash in lieu of land shall be placed in a special reserve park fund which shall be held and used by the Page 4 of 18 city to acquire land for, or to improve, parks, playgrounds, trails or public open space. (F) Timing: The requirements of this section for dedication of land or for contribution of cash in lieu of land shall apply at the time of final plat approval, replat, minor subdivision, or waiver of platting, and shall apply to any plat, replat, subdivision, waiver of platting, or development which receives final approval after the effective date hereof. (G) When Cash Shall Be Required: The city shall require a cash payment in lieu of park, trail and open space dedication whenever the proposed dedication of land for public use is not suitable for the intended use, is too small for practical maintenance, or whenever cash payment would be more beneficial to the development of the overall park system than dedication of the land within the property to be developed. (H) Determination Of Cash Payment: If the city elects to accept a cash payment in lieu of land for park, trails or open space dedication for a residential, industrial, commercial, or other nonresidential development, the developer shall pay to the city the appraised fair market value of the land (at the time of final plat approval) that would otherwise be dedicated for park, trail and open space under section 1310:1303. The total amount of cash payment in lieu of land owed to the city shall be determined by taking the total number of acres owed multiplied by the per acre appraised fair market value of the total development. If the development already benefits in some way from previous improvements such as streets, utilities or other improvements at the time of the final plat, these improvements will be included in determining the appraised fair market value of the land. The appraised fair market value of the land shall be determined by a qualified licensed appraiser and shall meet the uniform standards of professional appraisal practice. The appraiser shall be mutually selected by the city and the developer. The appraisal fee shall be paid by the developer. (Ord. 003-490, 6-16-2003) (I) Combination Of Land And Cash Dedication: If the city accepts land for park, trails or open space dedication in less than the amount required by subsection (C) of this section, the developer shall pay to the city the appraised fair market value of the remaining land required to be dedicated. The appraised value of the remaining land required to be dedicated shall be determined by the method specified in subsection (H) of this section. (Ord. 007-571, 2-20-2007) (J) More Dedication: If the city requires park, trails or open space dedication in excess of the amount of land required by subsection (C) of this section, the city shall pay to the developer the fair market value of the land in excess of the percentage of land required to be dedicated. The fair market value of the excess land shall be determined by the method specified in subsection (H) of this section. (K) Dedication Process: Prior to the dedication of the required property, the developer shall provide the city with evidence of title in a form acceptable to the city attorney or a title insurance policy insuring the city's interest in the property. In any dedication of required land, the developer must have good and marketable title to the land, free and clear of any mortgages, liens, encumbrances or assessments, except easements or minor imperfections of title acceptable to the city. (L) Modification Of Requirements: 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. The city council, after consideration of the request, may modify or reduce the requirements of this section. (M) Trail Construction: When the city's trail master plan identifies a trail or trails to be constructed in the land to be subdivided, the developer shall be required to pay for the construction of the trail improvements. The construction specifications of trails shall be determined by the city engineer and parks and recreation director. Whenever possible, trails shall connect with existing trails and/or sidewalks. The city's planning division, parks and recreation department and engineering department shall determine when it is feasible for trails to be constructed to encircle ponding or wetland areas. (N) Review By Parks And Recreation Director: The city's planning division shall transmit a copy of all development plans involving land to be dedicated for parks, trails and open space to the parks and recreation director who shall report back to the planning division on the appropriateness of any proposed park, trail and open space dedication. (Ord. 003-490, 6-16-2003) (O) Credit For Private Park And Open Space: No credit to the requirements of subsection (C) of this section will be given for private open spaces for park, recreation or trail purposes. (Ord. 007-571, 2-20-2007) (P) Park Tree Requirements: The subdivider or developer shall preserve all existing trees to the greatest extent possible during the grading process on the land that is to be dedicated for a park, trail or open space. In cases where a significant tree or trees are lost during the grading process on the land that is to be dedicated for parks, trails or open space, the developer shall be required to replace each significant tree lost with two (2) new trees that are at least two inches (2") in caliper. (Q) Park Development Required Or Alternative Fee: Where land is required to be dedicated for parks, trails or open space the developer shall improve the park land with minimum improvements specified or agreed to by the city, or an equivalent park development fee shall be paid by the developer to assist in funding the development of a park which will serve the new subdivision. The minimum improvements or park development fee will be based on an average cost of thirty thousand dollars ($30,000.00) per acre to develop a park. If the city determines to require a fee in lieu of the minimum improvements, the developer will be charged fifteen thousand dollars ($15,000.00) of the costs to develop each acre of park and the city will pay the remaining costs to develop the park. The park development fee will be adjusted annually for inflation based on the "National Engineering News Record Construction Cost Index" starting January 1, 2004. The park development fee shall be deposited in a special reserve park fund and shall only be used for the development of the park, trails and open space dedicated in the land to be subdivided. In cases where cash in lieu of land is taken, the park development fee shall be deposited in the special park reserve fund and shall be used in the development or improvement of other public parks, trails or open space that are located in the closest proximity to the development. The city shall allow the developer to either pay the entire park development fee at the time of final plat filing or to pay the park development fee on a per unit basis at the time that a building permit is issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of the final plat. (R) Initial Development Of Land Dedicated For Parks And Trails: The parks and recreation advisory commission shall determine the schedule for developing land dedicated for new parks and trails.Page 5 of 18 (S) Infrastructure: The developer shall bring utilities a reasonable distance inside the property line of the future park, as determined by the city engineer, and shall cap them off at no cost to the city. Utilities shall include gas, storm sewer, water, electricity and sanitary sewer. The location where such utilities are to be brought into the future park shall be determined by the city engineer and parks and recreation director. (T) Park And Trail Access: All land dedicated for parks shall have at least one hundred fifty feet (150') of street frontage on at least one side. All trails shall have at least a twenty foot (20') wide access where the trail connects to a street or sidewalk. (Ord. 003- 490, 6-16-2003) Page 6 of 18 800 Washington Avenue North, Suite 103 Minneapolis, MN 55401 Joint Meeting Report To: Farmington Park and Recreation Commission and Planning Commission From: Rita Trapp and Beth Richmond, Consulting Planners Date: June 3, 2024 Subject: Park Dedication Study Finding and Recommendations Meeting Date: June 10, 2024 Park Dedication Overview Page 7 of 18 Joint Meeting Report Park Dedication Study June 10, 2024 2 Park Dedication Findings Essential Nexus • • Planned Park, Trail, and Open Space System System Costs Page 8 of 18 Joint Meeting Report Park Dedication Study June 10, 2024 3 Park Dedication Requirements • • Page 9 of 18 Joint Meeting Report Park Dedication Study June 10, 2024 4 • Page 10 of 18 Joint Meeting Report Park Dedication Study June 10, 2024 5 Page 11 of 18 Joint Meeting Report Park Dedication Study June 10, 2024 6 Page 12 of 18 Joint Meeting Report Park Dedication Study June 10, 2024 7 Page 13 of 18 Joint Meeting Report Park Dedication Study June 10, 2024 8 Page 14 of 18 Joint Meeting Report Park Dedication Study June 10, 2024 9 Page 15 of 18 Joint Meeting Report Park Dedication Study June 10, 2024 10 Page 16 of 18 Joint Meeting Report Park Dedication Study June 10, 2024 11 Page 17 of 18 Joint Meeting Report Park Dedication Study June 10, 2024 12 Page 18 of 18