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HomeMy Public PortalAbout475CITY OF MEDINA ORDINANCE NO.475 An Ordinance Amending Section 820.31 of the Code of Ordinances Regarding Park Dedication and Open Spaces The city council of the city of Medina ordains as follows: SECTION I: Section 820.31 of the code of ordinances is amended by adding the double underlined material and deleting the stamen material as follows: Section 820.31. Park Dedication and Open Spaces. Subd. 1. In every subdivision of land, a reasonable portion of the buildable land, not to exceed tea10 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 and land set aside as open space in a manner approved by the City. 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 spaeeareas 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 i equivalent—aineuut 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 geighl 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 -1-0eisk 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. Cash in lieu contributions shall be calculated on the average value of the unsubdivided land for which park dedication fees have not already been paid based on fair market value no later than the time of final approval. If the land is being redeveloped, the cash in lieu contribution shall be based on fair market value of the land no later than the time of final approval. Tb.o tuta eenti butte' shal Ordinance No. 475 1 February 3, 2010 Subd. 3. Any cash contribution so paid to the City shall be placed in a special fund. The money shall be used only for: a) the acquisition and development, or improvement of parks, recreational facilities, playgrounds, trails, wetlands or open space 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 ongoing operation or maintenance of existing parks or recreational facilities or sites. Any cash 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 become effective upon its adoption and publication. Adopted by the city council of the city of Medina this 3rd day of February, 2010. T.M. Crosby, Jr., May ATTEST: 4( qt4, Chad M. Adams City Administrator -Clerk Published in the South Crow River News this 12`h day of February, 2010. Ordinance No. 475 2 February 3, 2010