HomeMy WebLinkAboutNo 400 Amending the Maplewood Code by Adding Section 213 Providing for Park Availability Charge on Commercial and Industrial PropertyORDINANCE NO. 400
AN ORDINANCE AMENDING THE MAPLEWOOD
CODE BY ADDING SECTION 213 PROVIDING
FOR PARK AVAILABILITY CHARGE ON COM-
MERCIAL AND INDUSTRIAL PROPERTY
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. 213.010. PURPOSE AND INTENT. The purpose and intent of this ordinance
is to assure the citizens of the City of Maplewood that additional open space for parks,
playgrounds and recreational facilities will be the responsibility of every sort of
new development in the City, not just residential development, so that the City's present
vast amount of privately owned open spaces with potential for development are partially
available for orderly park recreational and open space development; and to insure that
in fact such facilities will be provided, and to preserve, enhance and improve the qual-
ity of the physical environment of the City of Maplewood for commercial and industrial
uses or a combination thereof regardless of whether such developments or subdivisions
are within the context of the City Subdivision Ordinances.
Section 2. 213.020. That the developer of any tract of land in the City of Maple-
wood which is to be developed for commercial, industrial, or like uses, shall dedicate
to the public for public use as parks, playgrounds, or public open space, such portion
of his development tract equal to three and one half (3.5) percent thereof.
Section 3. 213.030. DELINEATION OF THE AREA TO BE DEDICATED. The actual area to be
dedicated for public use as parks, playgrounds, or public open space shall be delineated
on the preliminary plat or site plan by the developer and such plat or site plan shall
be referred to the parks and recreation commission for its scrutiny and report to the
City Council its findings, conclusions and recommendations, this referral being in addit-
ion to any other referral to other commissions or committees.
Section 4. 213.040. If the City Council after receiving reports of the Parks and
Recreation Commission and the Planning Commission shall determine that such area is un-
suitable for such purposes, it may require the subdivider or developer to relocate or
rearrange such area or to make such changes or revisions of the proposed dedication as
it deems necessary, reasonable, and in the interests of the health, safety, general wel-
fare and convenience of the City.
Section 5. 213.050. CASH IN LIEU OF DEDICATION. In lieu of the dedication of land
required herein for the purposes enumerated herein, the City Council may require the sub-
divider or developer to pay to the City as an equivalent contribution, an amount in cash
equal to the product of the percentage of land required to be dedicated, multiplied by
the undeveloped land value of the tract to be subdivided or developed. Such cash pay-
ments shall be made to the City prior to the issuance of a building permit for commercial,
industrial uses or accommodation thereof.
Section 6. 213.060. UNDEVELOPED LAND VALUE DEFINED. Undeveloped land value as used
herein shall be the market value of the subject land at the time of the application, and
to be determined by the City Council in its reasonable discretion. As a basis for its
decision, the Council may request an appraisal at the expense of the subdivider or de-
veloper for the purposes of determining such value. Such additional appraisals shall
be obtained if the Council deems it advisable, from an appraiser selected by the Council.
Thereafter, the Council with the aid of both appraisals shall determine the "un-
developed land value".
Section 7. 213.070. RESTRICTION ON USE OF CASH CONTRIBUTIONS. All cash contrib-
utions received by the City pursuant to this ordinance shall be placed in a special
fund and used only for the acquisition of land for parks, playgrounds, public open
space, the development of existing parks and playground sites, public open apace, and
debt retirement in connection with land previously acquired for such public purposes.
Section 8. 213.080. Proposed park, playground, open space shown in the Comprehen-
sive Plan or a Parks Plan: Where a proposed park, playground, or public open space is
located in whole or in part within a proposed subdivision or development, such areas
shall be designated as such upon the preliminary plat or site plan and may be required
to be included in the dedicated land of the subdivision or development required here-
under.
Section 9. 213.090. This ordinance shall be in effect from and after its passage
and publication.
Passed by the City Council of the
City of Maplewood this 22nd day
of July, 1976.
Mayor/ +!—
Attests
Ayes - 3
Clark Nays - 2
ORDINANCE NO. 400
An Ordinance amending the Maptewood Code
providing for Park Availability Charge on Commercial
and Industrial Property.
THE COUNCIL OF THE CITY OF MAPLEWOOD
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. PURPOSE AND INTENT. The purpose and
Intent of this ordinance Is to assure the citlzens of the
City of Maplewood that additional open space for parks,
playgrounds and recreational facilities will be the
responsibility of every sort of new development In the
City: not lust residential development, so that the City's
present vast amount of privately owned open spaces
with potential for development are partially available
for orderly park recreational and Open space
development; and to insure that in fact such facilities
will be provided, and to preserve, enhance and Improve
the quality of the physical environment Of the City of
Maplewood for commercial and Industrial uses Or a
combination thereof regardless of whether such
developments or subdivisions are within the context Of
the City Subdivision Ordinances.
Section 2. That the developer of any tractof land In Me
City of Maplewood which is to be developed for Com•
mercla6 Industrial, or like uses, shall dedicate to the
public for public use as parks, playgrounds, or public
open space, such portion Of his development tract equal
to three and one half MS) percent thereof.
Section 3. DELINEATION OF THE AREA TO BE
DEDICATED The actual area to be dedicated for
public use as parks, playgrounds, or public open space
shall be delineated on the preliminary plat or site plan
by the developer and such plat or site plan shell be
referred to the parks and recreation commission for its
scrutiny and report to the City Council Its findings,
conclusions and recommendations, this referral being
n addition to any other referral to other commisSIOM Or
committees.
Section A. If the City Council after receiving reports of
the Parks and Recreation Commission and the Planning
Commission shall determine that such area Is un
suitable for such purposes, it may require the sub-
divider or developer to relocate or rearrange such area
or to make such changes or revisions of the proposed
dedication as it deems necessary, reasonable, sod in Me
interests of the health, safety, general welfare and
convenience of the City.
Section S. CASH IN LIEU OF DEDICATION. In lieu of
the dedication of land required herein for the purposes
enumerated herein, the City Council may require the
subdivider or developer to Pay to the City as an
equivalent contribution, an amount in cash equal to iha
product of the percentage of land required to be
dedicated, multiplied by the undeveloped land value Of
the tract to be subdivided or developed. Such cash
payments shall be made to the City prior to the Issuance
of a building permit for commercial, Induetrisl uses or
accommodation thereof.
Section 6 UNDEVELOPED LAND VALUE
DEFINED. Undeveloped land value as used nereln
shall be the market value of the subject land at the time
of the application, and to be determined by int City
Council In Its reasonable discretion. As a bawls for ifs
decision, the Council may request an appraisal of the
expense of the subdivider or developer for the purposes
of determining such value. Such additional appraisals
shall be obtained if the Council deems it advisable, from
an appraiser selected by the Council.
Thereafter, the Council, with the aid of both ap-
praisals shall determine the "undaveiopad land villus."
Section 7. RESTRICTION ON USE< OF; CASH
CONTRIBUTIONS. All cash contributlans received by
the City pursuant to this ordinance snail be placed In a
special fund and used only for the acqu "On of land for
parks, playgrounds, public open space, Me development
of existing parks and playground sites, public open
space, and debt retirement In connection with land
previously acquired for such public purposes.
Section 8. Proposed park, playground, Open space
shown In the comprehensive plan or a parks plan:
Where a proposed park, playground, or public open
space Is located in whole or In part within a proposed
subdivision or development, such areas shall be
designated as such upon the preliminary plat or site
plan and may be required to be Included In the
dedicated land of the subdivision or development
required hereunder.
Section 9. Effective date this ordinance shall be In
effect from and atter the date of Its passage and
publication passed by the Council this 22nd day of July,
1976.
Robert T. Bruton, Mayor
Lucille E. Aurelius, Clerk Ayes • 3
Noys-2
(Review: July 28, 1976)
AFFIDAVIT OF PUBLICATION
"Rate of C�9Hinme-o tc
County of Ramsey
..... 1 .......................... No .. h.e.on—Ullif:......................t... being duly sworn, on oath says
............
he is and during at l the times herein stated has been the Asst. ?ublisher
.....................................................
................................................... publisher and printer of the newspaper known as Maplewood Review,
and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week.
(3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com-
munity which it purports to serve and does not wholly duplicate any other publication and is not made
up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near
the municipality which it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than
three months in arrears and has entry as second-class matter in its local Dost -office. (5) Said newspaper
purports to serve the Village of Maplewood in the County of Ramsey and it has its known office
of issue in the Village of North St. Paul in said county, established and open during its regular
business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the publisher of said newspaper or persons in his employ and subject to his direction and
control during all such regular business hours at which said newspaper is printed. (6) Said news.
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all the foregoing conditions for at least two years preceding the day or dates of publi-
cation mentioned below. (6) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary
of State and signed by the publisher and sworn to before a notary public stating that the newspaper is
a legal newspaper.
He further states on oath that the printed ..4tl�dina?1.2i.e..1.1L?.o...W�
.............................................................. hereto attached as apart hereof was cut from the columns
of said newspaper, and was printed and published therein in the English language, once each week, for
... .................... Pnp......... .. successive weeks; that it was first so published on Wednesday the. 2.8 th.
day of . ............................... ��'y. ................... ... , of 19. 7 and was thereafter printed and pub-
lished on every Wednesday to and including Wednesday the ................. day of ....................................
................................................. 19.... and that the following is a printed copy of the lowercase alphabet
from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me this
Notary public . ............... BEATRICE .S_
County, Minnesota
My Commission Expirga'Y.Public, Ramsey County, Minn. 19....
refit Commission t=xpires 5ept.''6;'TQ7�
ORDINANCE NO. 100
An Ordinance amending the Maplewood Code tiv
adding Section 213 providing for Park Avsoa*Cill
Chary! on Commercial and Industrial Properly
THE COUNCIL OF THE CITY OF MAPLEW000
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. 213.010. PURPOSE AND INTENT. The
purpose and Intent of this ordinance is to assure the
citizens of the City of Maplewood that additional open
space for parks, playgrounds and recreational facilities
will be the responsibility of every sort of new
development In the City, not lust residential develop-
ment, so that the City's present vast amount of privately
owned open spaces with potential for development are
partially available for orderly Park recreational and
open space development; and to insure that In fact such
facilities will be provided, and to preserve, enhance and
improve the quality of the physical environment of the
City of Maplewood for commercial and Industrial uses
or a Comb, notion thereof regardless of whether such
developments or subdivisions are within the context of
the City Subdivision Ordinances.
Section 2. 213.020. That the developer of any tract of
land In the City of Maplewood which is to be developed
for commercial, Industrial, Or like uses, shall dedicate
to the public for public use as parks, playgrounds, or
public open space, such portion of his development tract
equal to three and one half (3.5 percent) thereof.
Section 3. 213.030. DELINEATION 0'F THE AREA TO
BE DEDICATED. The actual are to be dedlcated for
public use as parks, playgrounds; or public open space
shall be delineated on the preliminary plat or site pian
by the developer and such plat or site plan shall be
referred to the parks and recreation commission for Its
scrutiny and report to the City Council its findings,
conclusions and recommendations, this referral being
in additional to any other referral to other commissions
or committees.
Section 1. 213.010. If the City Council after receiving
reports of the Parks and Recreation Commission and
me Planning Commission shall determine that such
area Is unsuitable for such purposes, it may require the
subdivider of developer to relocate or rearrange such
area or to make such changes or revisions Of the
proposed dedication as it deems necessary, reasonable,
and In the interests of the health, safety, general
welfare and convenience of the City.
Section 5, 213.050. CASH IN LIEU OF DEDICATION.
In lieu of the dedication of land required herein for the
purposes enumerated therein, the City Council may
require the subdivider or developer to pay to the City as
an equivalent contribution, an amount In cash equal to
the product of the percentage of land required to tie
dedicated, multiplied by the undeveloped land value of
me tract to be subdivided or developed. Such cash
oaymentsshall be made to the City prior to the Issuance
of a building permit for commercial, industrial uses or
accommodation thereof. -
Section 6.. 213.060. UNDEVELOPED LAND VALUE
DEFINED undeveloped land value as used herein
shall be the market value of the subject land at the time
of the application, and to be determined by the City
Council in its reasonable discretion. As a bests W Its
Oecision, the Council may request an appraisal at the
expense of the subdivider of developer for the purposes
of determining such value. Such additional appraisals
shad be obtained if the Council deems It advisable, from
an appraiser selected by the Council.
Thereafter, the Council with the aid of both appraisals
shall determine the 'undeveloped land value."
Section 7. 213.070. RESTRICTION ON USE OF CASH
CONTRIBUTIONS. All cash contributions received by
the City pursuant to this ordinance shall be placed in a
special fund and used only for the acquisition of land tar
parks, playgrounds, public open space, the development
of existing parks and playground sltes, public open
space, and debt retirement in connection with land
previously acquired for such public purposes.
Section 8. 213.080. Proposed park, playground, open
space shown in the Comprehensive Pian or a Parks
Plan: Where a proposed park, playground, or public
open space Is located in whole or In part within a
proposed subdivision or development, such areas shall
be designated as such upon the preliminary plat or site
plan and may be required to be included In the
dedicated lard of the subdivision or development
required hereunder.
Section 9. 213.090. This ordinance shall be In effect
from and after its passage and publication.
Passed by the City Council of the City of Maplewood
this 22nd day of July, 1976.
-s• Robert T. Bruton, Mayor
Attest: •s- Lucille E. Aurelius, Clerk
Ayes 3
Nays -2
(Review: August 0, 1976)
AFFIDAVIT OF PUBLICATION
�tMte of C�lnnesvw
County of Ramsey
I
I ..... Theo,.
he is and during al I the times herein stated has been the
..................... being duly sworn, on oath says
Asst, Publisher
...................................................
................................ I ................... publisher and printer of the newspaper known as Maplewood Review,
and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week.
(3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com-
munity which it purports to serve and does not wholly duplicate any other publication and is not made
up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near
the municipality which it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than
three months in arrears and has entry as second-class matter in its local Dost -office. (5) Said newspaper
purports to serve the Village of Maplewood in the County of Ramsey and it has its known office
of issue in the Village of North St. Paul in said county, established and open during its regular
business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the publisher of said newspaper or persons in his employ and subject to his direction and
control during all such regular business hours at which said newspaper is printed. (6)Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all the foregoing conditions for at least two years preceding the day or dates Of publi-
cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary
of State and signed by the publisher and sworn to before a notary public stating that the newspaper is
a legal newspaper.
a
He further states on oath that the printed _ _ ... Ordinan6•:e. llao- - 4,00
....................................................... I ... hereto attached as a part hereof was cut from the columns
Of' said newspaper, and was printed and published therein in the English language, once each wee
k, for
.. ..... successive weeks; that it was first so published on Wednesday the .... sttth• . •
uM.... as ................... of 19 . and was thereafter printed and ub-
day of ................. X....,.. P - P
lished on every Wednesday to and including Wednesday the .................. day of....................................
................................................. 19.... and that the following is a printed copy of the lower case alphabet
from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz
abgdy,fSkijfttgj�
.........i.tt.��. ................ ............. .... ..
Subscribed and sworn to before me this . ...4th day of J&UgUm. i.... .. ............ 19?D
E 1U
Notary public, ........... ...'.P..� 1 i q r it4e1M11,Minnesota
' ,3t,r PUhie 3un#Y;
My CommissionExpwap Cat iilissio>1. Xpvo.Sep# 6f 1978....19....