06.02 & 06.03 - Ordinance Amendment Park Dedication & Planning Commission Report

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Planning Commission Report to the Council,June 2007 Page 3 c. The amount of anv 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...ri%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 building 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_All dedications shall be included in the dedicated portion of the plat, included in the development contract, or received by the City in Warranty Deed prior to the approval of the final plat,without further restrictions or reservations. ITEM: Policy for Bonding Requirements for Required Improvements within Development, City of Pequot Lakes. Recently, the issue of bonding for public and private improvements came up regarding new developments in the City. We were able to resolve the issue at past meetings, but the Planning Commission wanted to avoid any further confusion regarding requirements for required improvements. Section 1oa of the Ordinance reads: Prior to the submission of a Final Plat application and prior to approval of a metes and bounds subdivision, the subdivider shall provide for the construction of the required improvements at their expense and shall have the work completed or shall enter a Development Contract and give bond or other financial assurance satisfactory to the Council in an amount equal to 125% of the estimated cost of the uncompleted improvements except as provided in 10.3. The bond shall be released by the City Council upon the recommendation of the City Engineer indicating the improvements are satisfactorily complete. We all seem to be in agreement that a developer that has outstanding public improvements at the time of final plat must provide a bond to secure those improvements. What is less clear is 14084 Baxter Drive, Suite 7 1 Baxter, Minnesota 56425 1 218.828.3064 1 www.communitygrowth.com