HomeMy WebLinkAboutOrdinance - 78-229 - Regulating & Establishing Subdivision for Platting & Subdividing and Amending Ordinance NO. 93 - 04/17/1979 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 78-229
AN ORDINANCE RELATING TO AND ESTABLISHING SUBDIVISION
REGULATIONS FOR THE PLATTING AND SUBDIVISION OF LAND
AND AMENDING ORDINANCE NO. 93 , AS AMENDED AND RELATING
TO PROCEDURES , PARKS , PLAYGROUNDS , PUBLIC OPEN SPACE,
STORM WATER HOLDING AREAS AND PONDS .
The Council. of the City of Eden Prairie does ordain as follows.
Section 1. Section 4 of Ordinance 93 , as amended, is hereby
amended by adding Subd. 22 thereto as follows :
.'Subd. 22 . ' Parks , Recreation and Natural Resources
Commission ' is the City of Eden Prairie Parks , Recre-
ation and Natural Resources Commission. "
Section 2 . Section 5 of Ordinance 93 , as amended, is hereby
deleted and the following substituted therefor:
i
"Section 5 . Proposed Sketch Plan (Procedure) .
Subd. 1 . Persons desiring to subdivide are requested j
to prepare for review with the Planning Commission and the
Parks , Recreation and Natural Resources Commission, a subdivision
sketch plan which, in order to be most useful, should contain
the following information: tract boundary of the land proposed
to be subdivided and all contiguous unplatted land under the
control of the owner of the land to be subdivided; significant
topography and physical features , proposed general street lay-
out and proposed general layout and the locations and dimensions
of all proposed parks , playgrounds or other public areas .
Subd. 2 . The sketch plan will be considered as submitted
for informal discussion between the subdivider and the Planning
Commission and the Parks , Recreation and Natural Resources Com-
mission. Submission of a sketch plan shall not constitute formal
f
filing of a plat .
Subd. 3 . As far as may be practical on the basis of the
sketch plan, the Planning Commission and the Parks , Recreation
and Natural Resources Commission will advise the subdivider as to
the conformance of the design with standards , plans and other
related information.
Subd. 4 . When any proposed drainage way, park, playground,
school or other public site, as depicted in the Comprehensive De-
velopment Plan, as amended, and updated from time to time, is in
part or in whole within the boundaries of a proposed subdivision
and such way or site is not owned by the City , a school district,
or other governmental entity, the owner shall not submit- a preli-
minary plat as provided in Section 6 hereof for a period not to
exceed ninety days from the first date on which the Parks , Recre-
ation and Natural Resources Commission reviews the sketch plan,
to allow the proper governmental agency the opportunity to take
action for the acquisition of such way or site by purchase or
other method. "
Section 3) . Section 11 of Ordinance No. 93 , as amended, is hereby
deleted and the following substituted therefor:
"Section 11A. Parks , Playgrounds and Public Open Spaces .
Subd. 1 . The owner of land being subdivided for residential , ;
conunercial , industrial or other uses , or as a planned unit caevelop-
ment which includes residential , commercial and industrial uses , or
any combination thereof shall dedicate to the public for public use j
as parks , playgrounds or public open space a reasonable portion of
the land up to 10% thereof, as determined by the City to be in the
public interest and necessary for such uses .
Subd. 2 . At the City ' s option, the subdivider shall contri-
bute an equivalent amount in cash, in lieu of all or a portion of
the land which the City may require such owner to dedicate pursuant
to Subdivision 1 hereof, in accordance with the following schedule
which is hereby determined to be based upon the fair market value of
the undeveloped land.
Residential Units Fee
Single Family Detached $325
All other residential uses $250
Per Acre
Commercial , Office/ Industrial Use $1 , 400 . 00
The amount of cash contribution shall be subject to reduction by the
City upon a showing by the owner that the cash contribution pro-
vided by the schedule is greater than the fair market value , as of
the date of final approval of the subdivision, of that reasonable
s
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portion of land which the owner could be required to dedicate for
public uses pursuant to Subd. 1 . hereof, but for which the cash
contribution is required in lieu thereof. In such event the cash
contribution shall be the fair market value of such reasonable
portion of land. Any cash contribution received hereunder shall
be placed in a special fund by the City and used only for the
acquisition and development of land for parks , playgrounds and
public open spaces , development of existing park and playground
sites and public- open spaces , debt retirement in connection with
land previously acquired for such public purposes and payment of
assessments against land presently or previously acquired for
such purposes.
Subd. 3 . Whenever the term "dedicate" is used in Section
11A or 11B it shall mean a dedication of land in connection with
a plat for the purposes required or, at the option of the City, a
deed or other instrument of conveyance conveying the land to the
City . A dedication of land shall be such as shall vest good
and marketable title of the land in the City, free and clear of
any mortgage, lien, encumbrance or assessment, subject to such
easements or minor imperfections of title as may be acceptable to
the City.
Subd. 4 . The City may dete,-mi-ne the location and configu-
ration of any land dedicated, taking into consideration its suit-
ability for its intended purposes and how it will best serve the
public and future needs of the community for such purposes .
Subd . 5. Land dedicated for the holding of storm or
drainage water, power line easements or which is unusable or of.
limited use may , at the option of the City, not be deemed accepted
by the City for purposes of owner' s compliance with Subds . 1. and 2 .
hereof or Section 11B.
Subd. 6 . Where the owner provides for public use, neighbor-
hood park amenities such as , but not limited to, tennis courts , ball
fields , open space or other recreational facilities , the City may
reduce the amount of land to be dedicated or the cash contribution
in lieu of such dedication by an amount equivalent to the cost of
the facilities provided.
Subd. 7 . Cash contributions required by Subd . 2 . hereof
shall be made concurrent with issuance of a permit for building
upon lots or parcels within the subdivision. "
"Section 11B. Mini-Parks.
Subd. 1. 'Mini-Park ' is a specialized park, playground or
open space which serves a concentrated population or specific group
of persons such as those residing in the immediate neighborhood and
may be lo,:ated in or adjact to apartment complex developments , town-
house developments and single family developments that are not in
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close proximity to a neighborhood park. The land area may , but
shall not necessarily be limited to , one to five acres in size .
Subd. 2. The Council of the City of Eden Prairie recognizes
that it is essential to the health, safety and welfare of the resi-
dents of the City that mini-parks be provided to serve the residents ,
particularly the elderly and young , in their immediate neighborhoods .
The preservation of these open spaces within specific neighborhoods ,
especially in areas of high density, is essential to maintaining a
healthful and desirable environment for the residents of the City.
Subd. 3. An owner requesting subdivision of land for
construction and maintenance thereon of fifty or more residential
units may be required to dedicate a reasonable portion of such
land to the public for public use as a mini-park in addition to the
dedication of land or the contribution of cash in lieu thereof ,
pursuant to Section 11A hereof. A reasonable portion of such land
shall consist of that portion which the City will need for mini-
park purposes as a result of the approval of the subdivision and,
unless otherwise determined by the City upon a showing by the owner,
shall consist of a minimum of one acre for each fifty residential
units and a proportior..ate part of an acre for any additional resi-
dential units less than fifty, provided however, no dedication o-_
land for a mini-park shall be required if the total number of
residential units to be constructed on the land shall be less thci_'i
fifty. When an owner dedicates land to the City for a mini-pz.rk,
the land encompassed in the mini-park shall be included in the
total land utilized in the calculation of densities pursuant to
Ordinance 135 .
Subd. 4 . The City may determine the location and configura-
tion of any land dedicated to the City for a mini-park.
4
Subd. 5. The owner shall develop any mini-park dedicated,
in accordance with City specifications , shall preserve existing
trees whenever possible and shall make use of natural materials such
as large boulders in the development. "
Section 4 . Effective Date . This ordinance shall become effective
upon its adoption and publication.
FIRST READ at a regular meeting of the Council of the City of
Eden Prairie this 17 day of April , 1979 , and finally read, adopted i
t
and ordered published at a regular meeting of the Council of said City
i
of Eden Prairie on this Sthday of June ,1979.
Wo ga Pen zel
SEAL
AT STD
-rahn- sane, City Clerk
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Affidavit of Publication
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all the time here s-W"has been the publisher'a:ici printer of th nw•e espaix•r kleowr as Eden Praire News and has full
ssted knowledge of the facts herein stated as follows 1.Said newspapwr Ls printed in the English language ul newspaper format
salon and in column anti sheet form..•gwvalent ui prune tJ space to at least 91if1•,quay e inches 2 Said newspaper is a weekly
trees and is distributed at least once a week. 3,Said news paper tuts 50'rh of its news.uluouts devoted to news of local interest
rder to the community wtuch it purports to serve and doe, not wholly duplicate env other publication and is not trade up
I in- entirely of patents,plate[natter and advertisements ;4,Said newspaper is circulated in and near the municipality wtuch
1dab it purports to serve,has at least St10 copies regularly delivered to paying subscribers,has an average of at least 75%of its
total circulation c urrently paid or no more than thre v months in arrears and has entry as secnnd•<•iass[natter in its local
led; postoffic•r. 151 Said newspaper purports to serve the t'ity of Eden"ranee m the Count%y of Iiennepin and it has its known
limed office of Issue in the City of Eden Prairie in said cou lt),eswblished and open during its regular business hours for the
lond gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said
rk0. newspaper,persons in it•:employ and subject to lus d.rection and control during all such regular business hours and at
rub- wflieh said newspaper is printed. •6, Said newspaper files a copy of each issue irtunednately with the State Historical
der Society. ,7.Said newspaper has,temple d with all the foregoing conditions for at least one year preceding the day or dates
kill, of publication mentioned below .A.Said riewsparx•r has fnlml with the Sec revery if State of Minnesota prior to January 1,
b,. 1976 and each lanuan 1 thereafter an affidavit in the form prescnbed by the- Secretary of State and signed by the
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managing officer of said newspaper and sworn to before wn re a mo pub!iu ,tali[.;that the newspaper is a legal newspaper.
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