3C - Ordinance Amendment Establishing Criteria for Park Dedication

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Comprehensive Land Use Plan. 3. The amount of land and/or payment shall be set by the Planning r omfni:•sionnCitt Co_. uncial, vAt-h--from the recommendation of the City Getineilflanning Commission, after taking into consideration the open space, park, recreational, or common areas facilities which the applicant proposes to reserve for public use within the subdivision.The City shall grant preference to payment in lieu of land dedication unless an area within the land to be platted has been identified by the City for park acquisition. The following factors shall be taken into consideration when reviewing potential lands for park dedication: a. The suitability of the land for its intended purpose. b. The future needs of the community regarding parks,trails,and open spaces. c. The amount of any fees imposed, consistent with the requirements and limitations contained in this Section. 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 Section 462.358 Subdivision 2b,of the Minnesota Statutes. 6. A41 dedieati ns .Ball be inel d„a in the. dedieated , .t; ,� e��kln�-ftla�in�tcl�tl i�z-t�of feeeived by the City in development War-r-anty Deed prior-to the appfoval o the final plat-, yidhs„,t *it�rI; All land dedication pursuant to this Ordinance shall be conveved to the Citv through a Warranty Deed drafted by the City Attorng . City of Pequot Lakes Staff Report 3-3 September 20,2007