Agenda - Planning Commission - 04/20/2015 - Joint with EPB

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RELEVANT LINKS: Minn. Stat. § 462.358 subd. 2b (e). Minn. Stat. § 462.358 subd. 2c (c). Collis v. City of Bloomington, 310 Minn_ 5, 246 N.W.2d 19 (Minn. 1976). Middlemisty. Cityof Plymouth, 387N.W.2d 190 (Minn. Ct. App. 1986). Kottschade v. City of Rochester, 537N.W.2d301 (Minn. Ct. App., 1995). Minn. Stat. § 462.358 subd 2c (c). Collis v. City of Bloomington, 310 Minn_ 5, 246 N.W.2d 19 (Minn. 1976). Middlemisty. Cityof Plymouth, 387N.W.2d 190 (Minn. Ct. App. 1986). Kottschade v. City of Rochester, 537N.W.2d301 (Minn. Ct. App. 1995). Minn. Stat. § 462.358 subd. 2b (d). Minn. Stat. § 505.01 subd. 2. Minn. Stat. § 505.01 subd. 1. Minn. Stat. § 462.358 subd. 2b (i). • Wetlands and wetland preservation. • Open space. Prior to adopting dedication requirements in a subdivision ordinance, the city must first adopt a capital improvement budget and adopt a parks and open space plan. The plan may be a component of the city comprehensive plan. When the city requires land to be dedicated within a specific subdivision, it must reasonably determine that: • The city reasonably needs to acquire the specific portion of land for reasons permitted by state statute (e.g. streets, parks, utilities) as a result of approval of the subdivision (this is sometimes referred to as a nexus requirement). • The need created by the subdivision is roughly proportional to the city's dedication requirement. For example, in a five -house subdivision, it may be reasonable to require dedication of park land for a small, local swing - set park. It may not be reasonable to require the same small subdivision to dedicate multiple acres for a community park serving hundreds of city residents. The city must also give due consideration to whether the need for the dedicated land has not already been offset or obviated by other actions of the developer in setting aside for public use other open space, recreational, common areas, or other facilities within the development. A dedication of land to the public is usually reflected on the plat document or in an easement or other deed document. When park land is dedicated to the public, the dedication conveys complete ownership to the city (known as "fee title"). Land for streets, roads, alleys, trails, and other public ways dedicated to the public conveys an easement only to the city for the dedicated purposes. Land dedicated for all other uses is conveyed to the city "in trust" for the dedicated use. Land which has been previously subdivided and from which a park dedication has been received, is exempted by state statute from further dedication requirements if a re -subdivision creates the same number of lots. Where new lots are created, a park dedication fee may be applied only to the net increase in lots. League of Minnesota Cities Information Memo: 4/1 5/201 4 Subdivision Guide for aties Page 27