§ 111-220. Findings, purpose; scope.

(a)

Findings. The city council finds that as the population of the city increases, and portions of the city are developed with new residential housing, there is an increasing need for lands that can be devoted to public recreational purposes to serve both the residents of these new developments and existing residents of the city. The city council finds that at the same time, much of the city's existing park and recreation infrastructure because of its age and past usage is in need of refurbishment. The city council further finds that the need caused by the city's growth to fund new improvements to the city's park and recreational facilities, and to refurbish or replace existing facilities, must compete for financial resources with other community needs and therefore may not be able to be adequately funded entirely from the present tax levy, or that to do so may not be equitable to existing residents.

(b)

Purpose. The purpose of the provisions of this article establishing a requirement of parkland dedication upon a subdivision or resubdivision of land for residential development purposes is to provide a mechanism whereby the city is able to obtain for public use land that can be used for newly created parks, recreational facilities, playgrounds, trails, wetlands or open space; or a reasonable cash payment in lieu thereof that can be used to acquire land or facilities for that purpose; as authorized by the provisions of Minn. Stat. § 462.358, subd. 2b.

(c)

Scope. The provisions of this article shall apply to a person who applies, pursuant to the provisions of this chapter; for a subdivision of lands contained within a residential zoning district; for a resubdivision of lands contained within a residential zoning district which will have the effect of increasing the density of a residential use maintained on such lands; or, for the subdivision of lands that are zoned for nonresidential purposes, but are intended following the subdivision to be developed in a manner requiring rezoning to a residential zoning district. The provisions of this article shall not apply to a person seeking to subdivide land for purposes of development of an assisted-living facility, residential care facility, or a person seeking to develop land in a residential district for a nonresidential purpose that is otherwise permitted in a residential zoning district.

(Ord. No. 376, § 1(11.11.1), 11-28-2005)