3B - Preliminary Plat Application

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D. Whether the land is adjacent to or near other public recreation lands. E. Whether there is an opportunity to extend an existing or proposed trail or to enlarge an existing or proposed park or recreational facility. F. Whether the land dedication would protect environmentally or historically significant or sensitive sites. G. Whether the land dedication provides a unique public benefit or contains unique natural features. 4. Where private open space for park or recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision or owners of the development, the Planning Commission may consider granting a credit for park dedication. A credit of up to 2.5% of the buildable area of the proposed open space may be given provided that the following conditions are met: — A. The land area designated as open space and used in the calculation of the 2.5%-credit shall not include any area that is otherwise considered unbuildable, including, but not limited to, wetlands, steep slopes exceeding 12%, and the area within setbacks from — property lines,required buffer zones,bluffs, and the ordinary high water mark,among others. B. The land area designated as open space within the development is not occupied by non-recreational buildings, such as maintenance or caretaking buildings, and is available for use to all residents of the proposed subdivision. C. The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the development and which cannot be defeated or eliminated without the consent of the City of Pequot Lakes. D. The area required to obtain increased densities shall not be included in the computation of such private open space. — 5. Funds received by the City, in lieu of land dedication, shall be placed in a special fund in accordance with Minn. Stat. §462.358 Subdivision 2b, as amended. 6. All land dedication pursuant to this Ordinance shall be conveyed to the — City through a Warranty Deed drafted by the City Attorney. Staff Findings:The Staff provides the following findings of fact for consideration: 1. The property is zoned waterfront commercial and open space. A realignment of the commercial waterfront zone will need to be done concurrent with a final plat application. — 2. The plat creates 45 commercial dwelling units plus, 8o lots dedicated for accessory structures and one remnant lot. 3. As a PUD, lot size dimensions are not factored in. Instead, overall density and density by tier is considered. This proposal meets the required density, which was considered under the PUD application. 4. No lots will require a variance for development based on the conditions of the PUD approval. 5. The land is suitable for development without significant alteration. Pequot Lakes Staff Report 3(b)-6 April 17,2oo8