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HomeMy Public PortalAbout355CITY OF MEDINA ORDINANCE NO.355 AN ORDINANCE AMENDING SECTION 820.31 REGARDING PARK DEDICATION The city council of the city of Medina ordains as follows: Section I: Section 820.31 of the Medina code of ordinances is amended by deleting the stpieken material and adding the underlined material as follows: Section 820.31. Park Dedication and Open Spaces. Subd. 1. In every subdivision of land hewing deve p ent f eside tia industrial uses, a reasonable portion of such land, not to exceed ten percent, shall be dedicated by the owners to the City for parks, recreational facilities, playgrounds, trails; or public open space utilities and improvements. Said The land must shall be suitable for public use for one or more of the afer-edescribed purposes_ and The City shall not be required to accept land which is not suitable; for one or more of the described purposes or which would require extensive public expenditures to be made useable. Subd. 2. The City may, at its option, require a cash contribution in lieu of dedication in an equivalent amount or require a portion of the required dedication to be in land and a cash contribution in lieu of for the balance thereof. In the case of residential subdivisions, the contribution of cash in lieu shall be equal to 8 percent of the value of the land. Notwithstanding the above, the minimum cash contribution shall be $3,500 per dwelling unit and the maximum shall be $8,000 per dwelling unit. In the case of non- residential subdivisions, the contribution of cash in lieu shall be equal to 10 percent of the value of the land. In the case of subdivisions allowing both residential and non-residential uses, the cash in lieu contribution shall be the total of the required residential and non- residential contributions. The total contribution shall be calculated by applying the above cash in lieu requirements to the square footage of the land in residential and non-residential uses in the same ratio as the habitable square footage of the residential uses and the habitable or leasable square footage of the non-residential uses bear to the total square footage of the uses. Subd. 3. Any cash contribution so paid to the City shall be placed in a fund and used only for the acquisition, development and maintenance of facilities designed or used for one or more of the aferedescribed purposes. Any cash contribution in lieu of land shall be based upon the fair market value of the land being subdivided. Fair market value is defined as the market value of the land within the subdivision no later than at the time of on the dato presented to the city council for final approval, as determined by an appraiser chosen by the RHB-228855v1 ME230-5 1 City. In detcrmining fair market value the appraiser shall net consider that the land has been, or is about to be subdivided. Section II: This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this 20th day of May, 2003. lip K. Zilow, Mayor ATTEST: 4-4444../ Chad M. Adams Administrator -Clerk -Treasurer Published in the Crow River News this 9th day of June, 2003. xxs-228855v1 ME230-5 2