03-16-1998 Planning Packet - Laserfiche WebLink

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/X TO: FROM; DATE: Sandra Smith, Planning Commission Chair, and Planning Commission Members Ron Moorse, City Administrator February 9,1998 SUBJECT : Park Dedication Ordinance Amendment In recent years. Supreme Court rulings have effectively placed restrictions on dedication requirements cities can place on land subdividers. One of these restrictions is that the amount of a park dedication must be roughly proportional to the impact of the proposed development on the City's park system. The City's current 8% park dedication requirement does not in itself meet the Supreme Court test of rough proportionality. Because of the vastly differing land values in Orono, the 8% park dedication requirement could result in park dedication requirements that are either significantly greater than or significantly less than the amount which is roughly proportional to the impact of the proposed development on the City's park system. It is recommended that the current park dedication ordinance be amended to retain the 8% park dedication requirement, but to indicate that the dedication required cannot be greater than the amount that is roughly proportional to the projected impact of the proposed development on the City's park system. This can be accomplished by determining both a maximum and minimum park dedication amount to ensure the dedication amount will not be greater than or less than the proportional impact of the development on the City's park system. The maximum and minimum park dedication amounts for residential subdivisions can be determined each year based on an updated projection of the cost of the City's park system and the proportionate share of these projected costs to be borne by new dwelling units in Orono. Commercial and industrial development also has an impact on the City's park system, as the employees of these businesses make use of elements of the City's park system such as trails and natural areas. Although the general park dedication requirement for commercial/industrial zoned land is 8%, the dedication requirement must be roughly proportional to the projected impact of the proposed subdivision on the City's park system. This requirement will be met by determining a maximum and minimum dedication amount based on park system impact. This can be done by determining the number of employees that is equivalent to a residential dwelling unit in terms of impact on the City's park system. The City can then establish a maximum and minimum park dedication amount per employee that is tied to the residential dedication requirement. This amount can be set each year by Council resolution. An amended park dedication ordinance that reflects these proposed changes is attached for Planning Commission review. DEOICATIMEM