02-12-1998 Council Work Session - Laserfiche WebLink

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DRAFT SEC. 11.62. SUBDIVISIONS. P.\RKS AND PLAYGROUNDS, CLASS II AND III SUBDIVISIONS. Subd. I. Lands For Public Use. Pursuant to Minnesota Statutes, (1989), Section 462.358, subd. 2b, the City requires all persons, corporations or other legal entities that subdivide land with the City of Orono as a prerequisite to approval of a lot division, final plat, or development of any land previously divided by plat, metes and bounds, or any other means, must convey to the City or dedicate to the public, for use as parks, playgrounds, trails, or open space, a given percentage of the land being platted or developed as hereinafter specified, said portions to be approved by the City. In lieu thereof, the subdivider shall, at the option of the City pay to the City, for use in the acquisition, development or improvement of public parks, playgrounds, trails, wetlands or open spaces and debt retirement in connection with the land previously acquired for such public purposes, an equivalent amount in cash based upon the fair market value of the land to be developed. The form of contribution (cash or land, or any combination thereof) shall be decided by the City Council based upon the need and conformance with the Comprehensive Plan. Subd. 2. Dedicated Land Requirements. Any land to be dedicated as a requirement of this See’ion shall be reasonably adaptable for the above public purposes. Factors used in evaluating the ade'j' -.acy of proposed dedicated areas shall include size, shape, topography, drainage, geology, tree cover access and location. Subd. 3. Land Dedication Minimum Area. Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below; A. Residential/agricultural/multiple residential zoned land. Dedication requirement of 8% of the land being platted, subdivided or existing lot of record. B. Commercial/industrial zoned land. Dedicated requirement of 8% of the land being platted subdivided or existing lot of record. 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. C. 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 th.^ impact of the proposed development on the City's park system. Each year, therefore, the City will establish both a maximum and minimum park dedication amount per dwelling unit based on an updated projection of the cost of the City's park system, and the proportionate share of this projected cost to be borne bv new dwelling units in C no. This will be done bv a resolution of the City Council. Subd. 4. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent t'^ the fair market v alue of the equivalent undev eloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. ORONO CC 471 (4-9-90)