Ord #268 - 3rd Series/Amending Park Dedication

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ORDINANCE NO. a(,$, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO PARK DEDICATION THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 82-226 Parks and Playgrounds shall be amended by deleting and replacing the text to read as follows: Sec. 82-226. Parks and playgrounds. (1) Lands for public use. The city finds that when land is developed, including a planned residential development or a planned unit development,the resulting additional housing units or commercial/industrial buildings have an impact on the city's park system. Therefore,pursuant to Minn. Stat. § 462.358, subd. 2b, the city requires all persons, corporations or other legal entities that develop land within the city, as a prerequisite to approval of a lot division, final plat, planned residential development or planned unit development, to convey to the city or dedicate to the public, for use as parks,playgrounds, trails or open space, a proportionate share of the land being developed as specified in this section, such portions to be approved by the city. Further,the City finds that the density of a proposed project impacts the park system, higher density projects, with less private area for recreation, have greater needs for and impacts on the public park system than larger lots with ample private green space. (a) Any increase in density of subdivisions shall be reviewed for reconsideration of park land and/or cash contribution requirements. (2) Dedicated land requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for the public purposes listed in subsection(1) of this section. Factors used in evaluating the adequacy of proposed dedicated areas shall include size, shape, topography, drainage, geology, tree cover, access and location. (3) When a proposed park, playground, recreation area,trail or other public ground has been indicated in the city's official map or Comprehensive Plan and is located in whole or in part within a proposed subdivision, it shall be designated as such on the plat and shall be conveyed to the city. If the developer elects not to dedicate an area in excess of the land required hereunder for such proposed public site,the city may consider acquiring the site through purchase or condemnation. (4) Land area conveyed or dedicated to the city shall not be used in calculating density requirements of this chapter and shall be in addition to and not in lieu of open space requirements as may be required.