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Planning Commission Report to the Council, April 2008 Page 8 <br /> C. The amount of any fees imposed, consistent with the requirements and <br /> �. limitations contained in this Section. <br /> D. Whether the land is adjacent to or near other public recreation lands. <br /> E. Whether there is an opportunity to extend an existing or proposed trail or to <br /> enlarge an existing or proposed park or recreational facility. <br /> F. Whether the land dedication would protect environmentally or historically <br /> significant or sensitive sites. <br /> G. Whether the land dedication provides a unique public benefit or contains unique <br /> natural features. <br /> 4. Where private open space for park or recreation purposes is provided in a prepesed <br /> Conventional Subdivision and such space is to be privately owned and maintained by the <br /> future residents of the subdivision or owners of the development, the Planning <br /> Commission may consider granting a credit for park dedication. A credit of up to 2.5% of <br /> the buildable area of the proposed open space may be given provided that the following <br /> conditions are met: <br /> A. The land area designated as open space and used in the calculation of the 2.5%- <br /> credit shall not include any area that is otherwise considered unbuildable, <br /> including, but not limited to, wetlands, steep slopes exceeding 12%, and the area <br /> within setbacks from property lines, required buffer zones, bluffs, and the <br /> ordinary high water mark, among others. <br /> B. The land area designated as open space within the development is not occupied <br /> by non-recreational buildings, such as maintenance or caretaking buildings, and <br /> is available for use to all residents of the proposed subdivision. <br /> C. The use of the private open space is restricted for park and recreational purposes <br /> by recorded covenants which run with the land in favor of the future owners of <br /> the property within the development and which cannot be defeated or eliminated <br /> without the consent of the City of Pequot Lakes. <br /> D. The area required to obtain increased densities shall not be included in the <br /> computation of such private open space. <br /> 5. For Conservation Subdivisions where the conservation parcel is publicly dedicated, there <br /> shall be no further dedication required. For Conservation Subdivisions where the <br /> conservation parcel is not publicly dedicated, the fee calculated in this section shall be <br /> reduced by 50% due to the permanent preservation of open space. <br /> 6. Funds received by the City, in lieu of land dedication, shall be placed in a special fund in <br /> accordance with Section 462.358 Subdivision 2b, of the Minnesota Statutes. <br /> 7. All land dedication pursuant to this Ordinance shall be conveyed to the City through a <br /> Warranty Deed drafted by the City Attorney. <br /> In Section 11.6, Subdivision 4, Conditional Use Permits, the following text should be added <br /> (underlined): <br /> A. The following must be met: <br /> 1. The use or development is an appropriate conditional use in the land use zone. <br /> 2. The use or development, with conditions, conforms to the comprehensive land <br /> use plan. <br /> 3. The use with conditions is compatible with the existing neighborhood. <br /> 4. The use with conditions would not be injurious to the public health, safety, <br /> welfare, decency, order, comfort, convenience, appearance or prosperity of the <br /> City. <br /> 5. For Conventional Subdivisions, the property contains physical constraints which <br /> make it unable to be developed by the Conservation Subdivision method. <br /> 14084 Baxter Drive, Suite 7 I Baxter, Minnesota 56425 1 218.828.3064 I www.communitygrowth.com <br />