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Municode <br />Page 1 of 3 <br />OgONC7 Cole <br />Sec. 82-227. Parks and playgrounds, class 11 and III subdivisions. <br />The following provisions apply to class II and III subdivisions: <br />(1) Lands for public use. The city finds that when land is subdivided, including a planned <br />residential development or a planned unit development, the resulting additional <br />housing units or commercial/industrial buildings have an impact on the city's park <br />system. Therefore, pursuant to Minn. Stat. § 462.358, subd. 2b, the city requires all <br />persons, corporations or other legal entities that subdivide land within the city, as a <br />prerequisite to approval of a lot division, final plat, planned residential development or <br />planned unit development, to convey to the city or dedicate to the public, for use as <br />parks, playgrounds, trails or open space, a given percentage of the land being platted <br />or developed as specified in this section, such portions to be approved by the city. In <br />lieu thereof, the subdivider shall, at the option of the city, pay to the city, for use in the <br />acquisition, development or improvement of public parks, playgrounds, trails, wetlands <br />or open spaces and debt retirement in connection with the foregoing, an equivalent <br />amount in cash based upon the fair market value of the land to be developed. The <br />form of contribution (cash, land, or any combination) shall be decided by the city <br />council based upon the need and conformance with the comprehensive plan. The <br />amount of the dedication requirement shall be roughly proportional to the impact of <br />the subdivision on the city's park system. <br />(2) Dedicated land requirements. Any land to be dedicated as a requirement of this <br />section shall be reasonably adaptable for the public purposes listed in subsection (1) <br />of this section. Factors used in evaluating the adequacy of proposed dedicated areas <br />shall include size, shape, topography, drainage, geology, tree cover, access and <br />location. <br />(3) Land dedication minimum area. Subdividers shall be required to dedicate to the city <br />for parks, playgrounds, trails, open spaces and other public purposes as a minimum <br />that percentage of gross land area, or other such amount as may be determined by <br />the city council, as set forth below: <br />a. In residential/agricultural/multiple residential zoned land, dedication <br />requirement of eight percent of the land being platted or subdivided. The <br />dedication required shall be roughly proportional to the projected impact of the <br />proposed development on the city's park system. Because of the vastly <br />differing land values in the city, the eight percent park dedication requirement <br />could result in park dedication requirements that are either significantly greater <br />than or significantly less than the amount which is roughly proportional to the <br />impact of the proposed development on the city's park system. Periodically, <br />therefore, the city will establish both a maximum and minimum park dedication <br />amount per dwelling unit based on an updated projection of the cost of the <br />city's park system and the proportionate share of this projected cost to be <br />borne by new dwelling units in the city. This will be done by a resolution of the <br />city council. <br />b. In commercial/industrial zoned land, dedication requirement of eight percent of <br />the land being platted or subdivided. The dedication required shall be roughly <br />proportional to the projected impact of the proposed development on the city's <br />park system. The city finds that the employees of commercial/industrial <br />http://library. municode. com/print. aspx?h=&ctientID=13094&HTMRequest=http°/o3 a%2S%2f]ibrary.municode. com%2fHTM... 4/8/2014 <br />