Ordinance No. 131 Consolidated Land Use Ordinance

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approved plan. The plan for the proposed project shall conform to the requirements of the Use District within which the land is located except as hereinafter modified: 1. The tract of land for which a project is proposed and a Conditional Use Permit requested shall not be less than five (5) acres in size; and 2. The applicant shall state precisely what, in this opinion, are the unusual characteristics of this site for purposes of justifying the granting of a Conditional Use Permit for this project; and 3. The plan shall be submitted in the form of a preliminary plan and be in complete conformance with what would be submitted as described in the City of Gem Lake Subdivision Ordinance for a preliminary plan, and, 4. The number of dwelling or business units proposed for the entire subdivided area shall not exceed the total number permitted for the Use District within which the land is located, unless a bonus is given for unique uses of the area; and, 5. The average lot density in the plan shall not be greater than the maximum for the area and the lot area of any one (1) lot shall not be reduced more than one-half ('/2) by assigning additional dwelling or business units; and, 6. That land which is set aside as unbuildable and on which the plan is justified shall be clearly indicated on the plan. This land shall be dedicated as a "conservation easement" naming both the City and the Minnesota Land Trust or similar as holders of that title for that land. Provisions for the continual maintenance of that "easement" area so dedicated and accepted by the City shall be required from the property owner(s). 4. When calculating the number of dwelling or business units per acre the size of site shall be determined by the total land area within the perimeter of the privately owned property. This will include any area of newly proposed public or private roads of road rights -of -way. 5. A density bonus of up to ten (10%) percent of the maximum allowable dwellings on a defined parcel maybe allowed by the City Council Section 20. Park Land Dedications Requirements. 1. As a pre -requisite to plat or Planned Unit Development approval, all developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City of Gem Lake's park fund as provided by this section of this Ordinance. The form of the contribution, cash or land (or any combination) shall be as determined by the City Council in an amount equal to ten (10.0%) percent of the total acreage in the development or ten (10.0%) percent of the pre -development land value. 2. Subdivision of land which has been previously platted and officially recorded, and which contains less than one (1) acre shall be exempt from dedication requirements. 3. Land to be dedicated for parks, playgrounds and public open spaces shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. The City Council, at its discretion, may reject proffered land and mandate monetary contribution. 4. The Gem Lake Planning Commission shall review all park land dedication proposals including the location of land and the amount of land to be conveyed or dedicated within a proposed development or subdivision. Upon review, the Gem Lake Planning Commission shall recommend the land dedication and cash contribution requirements for proposed developments or subdivisions to the City Council. The exact amount of land or cash considerations to be dedicated shall be established by resolution of the City Council. 5. Land areas conveyed or dedicated to the City of Gem Lake, as a park or recreation area, shall not be used in calculating the density requirements of the Zoning Ordinance for the proposed development or subdivision, and shall be in addition to and not in lieu of open space requirements for Planned Unit Developments. 6. Where private open space for park and recreational purposes is provided for in a proposed development, subdivision or Planned Unit Development and such space is to be privately owned and maintained by the future Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 94