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HomeMy Public PortalAbout414CITY OF MEDINA ORDINANCE NO.414 AN ORDINANCE AMENDING SECTION 820.31 OF THE MEDINA CODE OF ORDINANCE RELATING TO PARK DEDICATION AND OPEN SPACES The City Council of the City of Medina ordains as follows: Section I. The code of ordinances of the city of Medina is amended by deleting the stricken language and adding the underscored language as follows: Section 820.31. Park Dedication and Open Spaces. Subd. 1. In every subdivision of land, a reasonable portion of such the buildable 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. For purposes of this subdivision, buildable land means the gross acreage of the subdivision excluding designated wetlands. The land must be suitable for public use for one or more of the described purposes. 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. In establishing the amount of land to be dedicated or the amount of the cash in lieu contribution, the city will give due consideration to the open space, recreational or common space and facilities open to the public that the developer proposes to reserve in the subdivision. 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 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 buildable 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 buildable 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 buildable 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 special fund, and The money shall be used only for: a) the acquisition; and development eftd maintenance of facilities designed or used for one or more of the described purposes, or improvement of parks, recreational facilities, playgrounds, trails, wetlands or open space Ordinance No. 414 October 3, 2006 1 based on the approved park systems plan; b) redevelopment or rehabilitation of existing facilities or sites; or c) debt service in connection with land previously acquired or improvements thereto previously constructed. No funds shall be used for maintenance of existing parks or recreational facilities or sites. 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 final approval, as determined by an appraiser chosen by the City. Subd. 4. Previously subdivided property from which a park dedication or cash in lieu contribution has been received, upon resubdivision with the same number of lots, is exempt from park dedication requirements. If, as a result of the resubdivision of the property, the number of lots is increased, the park dedication or cash in lieu contribution shall be applied only to the net increase in the number of lots. Section II. This ordinance shall take effect upon its adoption by the city council and publication in the City's official newspaper. Adopted by the Medina city council on the 3rd day of October 2006. /Bruce D. Workman, Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Published in the South Crow River News this 9th day of October, 2006. Ordinance No. 414 October 3, 2006 2