HomeMy WebLinkAboutOrdinance 1470ORDINANCE NO. 1470
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, PERTAINING TO ZONING AND
DEVELOPMENT-PARK DEDICATION
Chapter 9, Section 14, Subdivision 3, Subsection (5), which currently reads as follows to-
wit:
(5)
Park dedication. For any development or redevelopment where a
subdivision or re-subdivision of property occurs which creates additional
parcels, the resulting contribution shall require either ten (10) percent land
dedication for parks, or the cash equivalent of ten (10) percent of the
estimate of improvements. The City Council shall determine which
measure is most appropriate.
is hereby amended to read as follows, to-wit:
(5) Park dedication, It is deemed necessary and consistent with sound City
planning to provide in each new proposed plat or subdivision, areas for
future development of park and recreational purposes. Each plat shall
hereafter provide for a dedication to the municipality, an area not less than
ten percent (10%) of the total proposed area to be subdivided.
(a)
Such area shall consist of developable and usable land and shall be
located so as to serve the present and future needs of the community
for recreational or park purposes.
(b)
The Planning Commission and the Council shall consider the proposed
location in relation to existing or contemplated recreational and park
sites in other parts of the community and as to the suitability in
meeting the requirements of the "City Comprehensive Plan".
(c) The following properties shall not be accepted for purposes of the
owner's compliance with subdivisions 5(a) or 5(b) above:
i. land dedicated or obtained as easements for storm water
retention, drainage, roadway and other utility purposes;
(d) This requirement may be waived and/or modified by the Council,
after recommendation by the Planning Commission, for one of the
following reasons:
The enforcement of this provision would act as. an extreme
hardship to the property owner, because of the size of the
tract involved, the topography of the land (zoning areas
involved) or the Owner has already dedicated comparable
areas in other subdivisions in the City.
ii.
The Owner contributes a cash equivalent to the City for the
"Parks Capital Improvement Fund" of the City. A cash
equivalent shall be a sum mutually agreed upon
representing 10% of the market value of the tract in an
under-developed state on the date the preliminary plat is
presented to the City.
(e) The City, at its sole discretion, may consider a combination of an area
dedication and cash contribution to total the 10 percent park dedication
contribution.
This Ordinance shall be in full force and effect from and after thirty days (30) after its
passage.
First Reading: June 14, 2004
Second Reading: June 28, 2004
Date of Passage: June 28, 2004
Offered by:
Second by:
Roll Call:
Secretary Pro Tem
Councilmember Kelzenberg
Councilmember Ericson
Ayes: Ericson, Kelzenberg, Nawrocki, Williams, Wyckoff
Nayes: None
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