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planned residential development or planned unit development, to convey to the city or dedicate <br /> to the public, for use as parks, playgrounds, trails or open space, a given percentage of the land <br /> being platted or developed as specified in this section, such portions to be approved by the city. <br /> In lieu thereof, the subdivider shall, at the option of the city, pay to the city, for use in the <br /> acquisition, development or improvement of public parks, playgrounds, trails, wetlands or open <br /> spaces and debt retirement in connection with the foregoing, an equivalent amount in cash based <br /> upon the fair market value of the land to be developed. The form of contribution (cash, land, or <br /> any combination)shall be decided by the city council based upon the need and conformance with <br /> the comprehensive plan.The amount of the dedication requirement shall be roughly proportional <br /> to the impact of the subdivision on the city's park system. <br /> (2) Dedicated land requirements. Any land to be dedicated as a requirement of this section shall be <br /> reasonably adaptable for the public purposes listed in subsection(1)of this section. Factors used <br /> in evaluating the adequacy of proposed dedicated areas shall include size, shape, topography, <br /> drainage,geology,tree cover, access and location. <br /> (3) Land dedication minimum area. Subdividers shall be required to dedicate to the city for parks, <br /> playgrounds,trails,open spaces and other public purposes as a minimum that percentage of gross <br /> land area, or other such amount as may be determined by the city council,as set forth below: <br /> a. In residential/agricultural/multiple residential zoned land, dedication requirement of eight <br /> percent of the land being platted or subdivided. The dedication required shall be roughly <br /> proportional to the projected impact of the proposed development on the city's park system. <br /> Because of the vastly differing land values in the city, the eight percent park dedication <br /> requirement could result in park dedication requirements that are either significantly greater <br /> than or significantly less than the amount which is roughly proportional to the impact of the <br /> proposed development on the city's park system. Periodically, therefore, the city will <br /> establish both a maximum and minimum park dedication amount per dwelling unit based on <br /> an updated projection of the cost of the city's park system and the proportionate share of this <br /> projected cost to be borne by new dwelling units in the city.This will be done by a resolution <br /> of the city council. <br /> b. In commercial/industrial zoned land, dedication requirement of eight percent of the land <br /> being platted or subdivided. The dedication required shall be roughly proportional to the <br /> projected impact of the proposed development on the city's park system. The city finds that <br /> the employees of commercial/industrial developments in the city make use of the city's park <br /> system, particularly trails and natural areas. Because the city's park system is focused on <br /> trails and natural areas versus active community parks and ballfields, commercial/industrial <br /> employees use the city's park system in ways similar to city residents. Therefore, the <br /> commercial/industrial dedication requirement will be tied to the residential dedication <br /> requirement by determining the number of employees that is equivalent to a residential <br /> dwelling unit in terms of impact on the city's park system.Periodically the city will establish <br /> both a maximum and minimum park dedication amount per employee based on this <br /> determination and the determination of the residential dedication requirement as set out in <br /> subsection(3)a of this section. This will be done by resolution of the city council. <br /> c. Because the city's park system is focused on trails and natural open space areas,the city does <br /> not have a broad system of neighborhood parks. If a subdivision is planned to be served by <br /> a neighborhood park, this subdivision will receive a greater benefit from the city's park <br /> system than that received by the general population. Therefore, the maximum park <br /> dedication amount as determined in subsection (3)a of this section may be exceeded up to <br /> the full eight percent dedication requirement in the case of a subdivision that is planned to <br /> be served by a neighborhood park. <br /> Final Draft page 28 <br />