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July 20, 2020 page 38
<br />Minnesota Extension – Forestry, Northwest and Central regions and appropriate for the soil 1626
<br />conditions. 1627
<br />Sec. 82-227. - Parks and playgrounds, class II and III subdivisions. 1628
<br /> The following provisions apply to class II and III subdivisions: 1629
<br />(1) Lands for public use. The city finds that when land is subdivided, including a planned residential 1630
<br />development or a planned unit development, the resulting additional housing units or 1631
<br />commercial/industrial buildings have an impact on the city's park system. Therefore, pursuant to 1632
<br />Minn. Stat. § 462.358, subd. 2b, the city requires all persons, corporations or other legal entities 1633
<br />that subdivide land within the city, as a prerequisite to approval of a lot division, final plat, 1634
<br />planned residential development or planned unit devel opment, to convey to the city or dedicate 1635
<br />to the public, for use as parks, playgrounds, trails or open space, a given percentage of the land 1636
<br />being platted or developed as specified in this section, such portions to be approved by the city. 1637
<br />In lieu thereof, the subdivider shall, at the option of the city, pay to the city, for use in the 1638
<br />acquisition, development or improvement of public parks, playgrounds, trails, wetlands or open 1639
<br />spaces and debt retirement in connection with the foregoing, an equivalent amount in cash based 1640
<br />upon the fair market value of the land to be developed. The form of contribution (cash, land, or 1641
<br />any combination) shall be decided by the city council based upon the need and conformance with 1642
<br />the comprehensive plan. The amount of the dedication requirement shall be roughly proportional 1643
<br />to the impact of the subdivision on the city's park system. 1644
<br />(2) Dedicated land requirements. Any land to be dedicated as a requirement of this section shall be 1645
<br />reasonably adaptable for the public purposes listed in subsection (1) of this section. Factors used 1646
<br />in evaluating the adequacy of proposed dedicated areas shall include size, shape, topography, 1647
<br />drainage, geology, tree cover, access and location. 1648
<br />(3) Land dedication minimum area. Subdividers shall be required to dedicate to the city for parks, 1649
<br />playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross 1650
<br />land area, or other such amount as may be determined by the city council, as set forth below: 1651
<br />a. In residential/agricultural/multiple residential zoned land, dedication requirement of eight 1652
<br />percent of the land being platted or subdivided. The dedication required shall be roughly 1653
<br />proportional to the projected impact of the proposed development on the city's park s ystem. 1654
<br />Because of the vastly differing land values in the city, the eight percent park dedication 1655
<br />requirement could result in park dedication requirements that are either significantly greater 1656
<br />than or significantly less than the amount which is roughly proportional to the impact of the 1657
<br />proposed development on the city's park system. Periodically, therefore, the city will 1658
<br />establish both a maximum and minimum park dedication amount per dwelling unit based on 1659
<br />an updated projection of the cost of the city's park system and the proportionate share of this 1660
<br />projected cost to be borne by new dwelling units in the city. This will be done by a resolution 1661
<br />of the city council. 1662
<br />b. In commercial/industrial zoned land, dedication requirement of eight percent of the land 1663
<br />being platted or subdivided. The dedication required shall be roughly proportional to the 1664
<br />projected impact of the proposed development on the city's park system. The city finds that 1665
<br />the employees of commercial/industrial developments in the city make use of the city's park 1666
<br />system, particularly trails and natural areas. Because the city's park system is focused on 1667
<br />trails and natural areas versus active community parks and ballfields, commercial/industrial 1668
<br />employees use the city's park system in ways similar to city residents. Therefore, the 1669
<br />commercial/industrial dedication requirement will be tied to the residential dedication 1670
<br />requirement by determining the number of employees that is equivalent to a residential 1671
<br />dwelling unit in terms of impact on the city's park system. Periodically the city will establish 1672
<br />both a maximum and minimum park dedication amount per employee based on this 1673
<br />Commented [JB99]: The Planning Commission wanted to
<br />reference the DNR listing. Staff did not find a DNR list, but
<br />one from the U of Minnesota extension office.
<br />Commented [SM100]: We should analyze the formula.
<br />Formatted: Highlight
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