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A. The land area designated as open space and used in the <br /> calculation of the 2.5%-credit shall not include any area <br /> that is otherwise considered unbuildable, including,but <br /> not limited to, wetlands, steep slopes exceeding 12%, <br /> and the area within setbacks from property lines, <br /> required buffer zones, bluffs, and the ordinary high <br /> water mark, among others. <br /> B. The land area designated as open space within the <br /> development is not occupied by non-recreational <br /> buildings, such as maintenance or caretaking buildings, <br /> and is available for use to all residents of the proposed <br /> subdivision. <br /> C. The use of the private open space is restricted for park <br /> and recreational purposes by recorded covenants which <br /> run with the land in favor of the future owners of the <br /> property within the development and which cannot be <br /> defeated or eliminated without the consent of the City <br /> of Pequot Lakes. <br /> D. The area required to obtain increased densities shall not <br /> be included in the computation of such private open <br /> space. <br /> 5. For Conservation Subdivisions where the conservation parcel <br /> is publicly dedicated,there shall be no further dedication required. <br /> For Conservation Subdivisions where the conservation parcel is not <br /> publicly dedicated,the fee calculated in this section shall be reduced <br /> by 50% due to the permanent preservation of open space. <br /> 6. Funds received by the City, in lieu of land dedication,shall be <br /> placed in a special fund in accordance with Minn. Stat. §462.358 <br /> Subdivision 2b, as amended. <br /> 7. All land dedication pursuant to this Ordinance shall be <br /> conveyed to the City through a Warranty Deed drafted by the City <br /> Attorney. <br /> Staff Findings: Staff provides the following Findings of Fact for consideration <br /> by the Planning Commission: <br /> 1. The applicant is proposing to create two lots, and extension to Larsen <br /> Parkway and an Outlot within the Heart of the Good Life Development. <br /> 2. The property is zoned"Patriot Development." <br /> Pequot Lakes Staff Report 3.2-8 <br /> May 22,2023 <br />