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8. Staff Report-Draft Subdivision Regulations and Park Dedication Requirements �j � ' , � � � � � �� t� � .✓�, .,J'w SC��NDIA Memo � To: Park and Recreation Committee From: Anne Hurlburt,City Administrator Date: Apri127,2011 Re: Draft Subdivision Regulations and Park Dedication Requirements Scandia has been required to update its Development Code(all regulations concerning land use and development)as a consequence of the incorporation of the City and adoption of a new Comprehensive Plan. The last chapter of the Code to be updated is Chapter 3,the Subdivision Regulations. The Planning Commission will begin its review of the draft chapter at its May 3 meeting. A public hearing will likely be scheduled for sometime this summer. A key section of the Subdivision Regulations is the requirement for dedication of land or cash in lieu of land for park purposes. Attached is a copy of the existing park dedication language,with a draft of the new section in the draft that will be presented to the Planning Commission. The Park and Recreation Committee should review this section and make any recommendations you may have to the Planning Commission. The authority for park land dedication is found in Minnesota Statutes 462.358 Subd. 2b &2c. Some of the key requirements for park dedication are: ■ The local ordinance must be supported by a capital improvements budget and the Comprehensive Plan/Parks and Open Space Plan. ■ The requirements must have an"essential nexus"and"rough proportionality"to the need created by the subdivision. ■ The City must give due consideration to any private facilities in the subdivision that will be open to the public. ■ Cash in lieu of land may be accepted based on the fair market value of the land. ■ Cash payments must be placed in a special fund and used only for acquisition and development or improvement of parks,recreational facilities,playgrounds,trails,wetlands,or open space. You will notice that there are two"placeholders"in the draft,concerning the percentage of land to be dedicated,and a dollar amount for a presumptive cash fee in lieu of land dedication. Staff will provide some additional information on these factors and answer any other questions you may have at your meeting on May 2.