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

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ORDINANCE NUMBER 07- AN ORDINANCE AMENDING SECTION 9.10 OF THE ZONING ORDINANCE ESTABLISHING CRITERIA FOR PARK DEDICATION The City Council of the City of Pequot Lakes does ordain as follows: Section 1. Purpose and Intent: The purpose and intent of this Ordinance is to amend Section 9.10 of the Zoning Ordinance. Section 2. Amendment: Section 9.10 shall be amended to read as follows: 1. In accordance with the provisions of Section 462.358 of the Minnesota Statutes, or amendments thereto, the subdivider shall dedicate, to the public, lands for highway rights-of-way, street rights-of-way, utility easements, wetland easements,and similar lands required for perpetual and public improvements. 2. The City of Pequot Lakes finds it in the public interest and necessary to provide future parks, trails and other public open and recreational spaces for the citizens of Pequot Lakes. As such, for every new subdivision of land involving three or more lots which are to be developed for residential purposes, the Planning Commission, with the concurrence of the City Council, shall require a payment or dedication to the City of any one of the following, to be reviewed on an annual basis at the beginning of each calendar year: a. A reasonable portion of a land dedication for conservation purposes or for public use as parks, recreational facilities,playgrounds, trails, wetlands, or open space, up to 0.016 acres per resident expected in the proposed development, using the most recent average household size as determined by the Minnesota State Demographer's Office and the U.S. Census Bureau. b. A payment of up to $416 per expected resident in the proposed subdivision, using the most recent average household size as determined by the Minnesota State Demographer's Office and the U.S.' Census Bureau. c. A combination of land dedication and cash payment to the City for parks and open space purposes that reflects the values contained herein and in the City's Comprehensive Land Use Plan. 3. The amount of land and/or payment shall be set by the Planning Commission, with the concurrence of the City Council, 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.