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1991-694 HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 91-694 AN ORDINANCE AMENDING THE HOPKINS CITY CODE, ADDING SECTION 500.75 - PARK DEDICATION REQUIREMENTS BE IT ORDAINED by the Council of the City of Hopkins as follows: That section 500.75, Park Dedication Ordinance, be added to the Hopkins City code to read as follows: Subdivision 1 In every plat, replat or subdivision of land allowing development or redevelopment for residential, commercial, industrial or other uses or combination thereof, or where a waiver of platting is granted (but excluding simple lot line adjustments which do not create additional lots), a reasonable portion of such land be set aside and dedicated by the owner or owners to the general public as open space for parks, playgrounds, trails, and public open space. It is hereby found and declared that, as a general rule, it is reasonable to require dedication of an amount of land equal in value to that percentage of the undeveloped land set forth in Subdivision 2. Said land shall be suitable for public use for one of the aforedescribed purposes and the City shall not be required to accept land which will not be useable for parks and playgrounds or which would require extensive expenditure on the part of the public to make them useable. This dedication shall be in addi tion to the property dedicated for streets, alleys or other public ways. Subdivision 2 Dedication Formula: (A) Residential Proposed Density (housing units/acre) Percentage of land to be dedicated 0-5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10% 6-10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11% 11-15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12% 16 P Ius. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 % (B) Commercial, Industrial and Other Subdivisions........ 5% Subdivision 3 In establishing a reasonable portion to be dedicated, the city may give credit, for open space, park, recreational or common areas and facilities reserved for the subdivision. .erdinance No. 91-694 Page 2 . Subdivision 4 Land dedicated under this provlslon shall reasonably conform to the city's comprehensive Plan. The Planning Commission and-Pa~k Board shall review proposed dedication of land or proposed payment of cash in lieu of land and shall recommend to the City Council appropriate action. Subdivision 5 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 which insure the title and the City'S proposed interest in the property. In any dedication of required land, the subdivider shall record all deeds for conveyance of the property to the City at the same time as the final plat or other appropriate division documents. Subdivision 6 The City shall have the option to require cash contributions in lieu of accepting dedication of land or the City may require a combination of land dedication and cash payment. Subdivision 7 The land dedication and/or the cash in lieu of land dedication shall be based on the following: (A) Residential; :.. Single Family Dwelling...................$500.00 per unit Two Family Dwelling......................$500.00 per unit Apartments and Townhouses................$200.00 per unit (B) Commercial, industrial and other sUbdivisions; Estimate of actual fair market value of the property to be dedicated to the City in Subdivision 2, as calculated by the City assessor, of the property as of the date of the approval of the final plat, replat, subdivision or waiver of plating. The estimate of fair market value shall include value added to the property by utilities, streets, and other public improvements serving the land but shall exclude value added by other improvements to the land. Subdivision 8 The requirements of this section shall apply at the time of the final approval of the plat, replat, subdivision or waiver of platting and shall apply to any plat, replat , subdivision or waiver of platting receiving final approval after the effective date of the ordinance. . ~rdinance No. 91-694 Page 3 Subdivision 9 Any cash contribution received pursuant to Subdivision 7 of this section shall be placed in a separate City fund and used only for park, playground, trail, open space, or urban forestry purposes. Subdivision 10 Gifts of real or personal property dedicated for park, playground, trail, open space or urban forestry purposes, that are accepted in accordance with Minnesota Statute 465.03 be placed in the same fund established in Subdivision 9 of this section. Subdivision 11 The City Council, at its discretion, may waive or reduce the requirement of this section 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. Second Reading: 1;;,~s 20 , 19 9/ - , 19 9/ , 19 9/ / First Reading: Date of publication: Date Ordinance Takes Effect: ATTEST: Jim Genellie city Clerk