HomeMy WebLinkAbout1996-242
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RESOLUTION NO. 96-242
A RESOLUTION AMENDING THE PARK
DEDICATION AND TRAlLWAY POLlCY
OF THE CITY OF STILLWATER
WHEREAS, recent Supreme Court decisions have influenced Park Dedication and Trailway
Dedication requirements imposed by City Ordinances and the Park Dedication and Trailway Policy~ and
WHEREAS, in order to bring the Park and Trailway Dedication Policy under the standards
permitted by the United States Supreme Court I Minnesota Statutes 9462.358 and the Subdivision
Ordinance, it is necessary to amend the Park and Trailway Dedication Policy as follows:
1. That the standards set forth in the Park and Trailway Dedication Policy are guidelines that
must be applied in conjunction with the Dedication Requirements set forth in the Subdivision Ordinance
and if a conflict exists between the standards of the Park and Trailway Dedication Policy, the
requirements of the Subdivision Ordinance and the conditions of any Planned Development Permit or is
requested by landowl1ers, the City Council with the assistance with the Planning Commission must make
an individualized detcnninatiOll with regard to the particular land and with regard to the particular
property to ensure that the dedication requirenlents are related to the impact imposed by the particular
development and that there be a rational an.d reasonable connection between the burden imposed by the
development and the nature and extent of the de.dication l'equirements.
2. That the detennination must be made after at least one public hearing conducted by the
Planning Commission where the property owner and any interested citizens are given an opportunitY to
be heard. The Planning Commission must make findings in support of their decision that they will
forward to and recorrunend to the City Council for adoption. The Council must consider the matter at
their next regular meeting and either affirm, deny or modify the requirements recomnlended by the
Planning Conullission.
ENACTED BY THE CITY COUNCIL THIS 1ST DAY OF OCTOBER, 1996.
CITY OF STILLWATER
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ATTEST:
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Morli eldon, Its Clerk
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