08-13-2020 Council Packet - Laserfiche WebLink

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July 20, 2020 page 27 (3) Land dedication minimum area. Subdividers shall be required to dedicate to the city for parks, 1130 playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross 1131 land area, or other such amount as may be determined by the city council, as set forth below: 1132 a. In residential/agricultural/multiple residential zoned land, dedication requirement of eight 1133 percent of the land being platted or subdivided. The dedication required shall be roughly 1134 proportional to the projected impact of the proposed development on the city's park system. 1135 Because of the vastly differing land values in the city, the eight percent park dedication 1136 requirement could result in park dedication requirements that are either significantly greater 1137 than or significantly less than the amount which is roughly proportional to the impact of the 1138 proposed development on the city's park system. Periodically, therefore, the city will 1139 establish both a maximum and minimum park dedication amount per dwelling unit based on 1140 an updated projection of the cost of the city's park system and the proportionate share of this 1141 projected cost to be borne by new dwelling units in the city. This will be done by a resolution 1142 of the city council. 1143 b. In commercial/industrial zoned land, dedication requirement of eight percent of the land 1144 being platted or subdivided. The dedication required shall be roughly proportional to the 1145 projected impact of the proposed development on the city's park system. The city finds that 1146 the employees of commercial/industrial developments in the city make use of the city's park 1147 system, particularly trails and natural areas. Because the city's park system is focused on 1148 trails and natural areas versus active community parks and ballfields, commercial/industrial 1149 employees use the city's park system in ways similar to city residents. Therefore, the 1150 commercial/industrial dedication requirement will be tied to the residential dedication 1151 requirement by determining the number of employees that is equivalent to a residential 1152 dwelling unit in terms of impact on the city's park system. Periodically the city will establish 1153 both a maximum and minimum park dedication amount per employee based on this 1154 determination and the determination of the residential dedication requirement as set out in 1155 subsection (3)a of this section. This will be done by resolution of the city council. 1156 c. Because the city's park system is focused on trails and natural open space areas, the city does 1157 not have a broad system of neighborhood parks. If a subdivision is planned to be served by 1158 a neighborhood park, this subdivision will receive a greater benefit from the city's park 1159 system than that received by the general population. Therefore, the maximum park 1160 dedication amount as determined in subsection (3)a of this section may be exceeded up to 1161 the full eight percent dedication requirement in the case of a subdivision that is planned to 1162 be served by a neighborhood park. 1163 (4) Cash contribution in lieu of lands. In those instances where a cash contribution is to be made by 1164 the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be 1165 contributed shall be equivalent to the fair market value of the equivalent undeveloped land that 1166 would otherwise have been conveyed or dedicated. The city shall account for such funds in a 1167 special fund named park dedication funds. These funds are to be used only for the acquisition, 1168 development and improvement of public parks, playgrounds, trails, wetlands or open spaces, and 1169 debt retirement in connection with the foregoing. 1170 (5) Fair market value of lands. Fair market value for purposes of this section shall be the land 1171 predevelopment value to be determined by the city council as of the time of preliminary plat 1172 application in accordance with the following: 1173 a. The city assessor shall recommend to the city council as to the fair market value of the land 1174 after consultation with the subdivider. 1175