Agenda - Parks and Recreation Commission - 07/21/1983

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1 70.()5,q1: I)EI)IC.\TIO:~ OF P,M(K.% ;LN1) OPEN 1. In all new subdivisions, eight percent (8%) of the gross are;~ ~;ubdivided S]l;J] ] bo d(~dicated to the public for public use as park~;, playgronnd~; and open space. A]ong wiLh the dedication required previous sc~ntenc'e, additional land mmonnt~ng a Jn the to m;l>:i mum five perc~'nt (SX) of the gross area subdSvided shall be dedicated to tJXe_pub12c for Imblic use as storm water hold~ng areas ~r ponds. area may be dt.dicated for public use until written findings and recom- mendation~ ret',~rding the proposed dedications have b{'en made by the planning commi~;$;~on zmd presented to the city council. The c~ty council sh;~l] not' approve the dedication of any areas for public use un]ess ~t determines that such areas are suitable and needed for the public health, ~afety, conwmience and/or, genera] welfare. If the c~ty councJ] detprmines that no areas in the grOSS area to be subdivi- ded are ~eeded for storm water holding areas or ponds, then the c~ty council may require that the area dedicated to the public for public use as parks, playgrounds and open space be increased to ten percent (10X) of the area s,bd~vJded. grnss 2. In lieu of public land dedication for the purposes of parks, p]aygrounds and open s~'a'~ as above descrSbed, the city council may require ttte subd~v4der to7'contribute ten percent (~0%) of the fair market va]ue of'the undeveloped l;md or One Iltmdred Dollars ($100.00) per ]ot created, wl~icl~ev~E is greater. The fnJr market vaJue, of undeveJoped Jand shall 1)e detem~n~,d-by':-tl~e tax assessments, records and fo,-mu]as that app]y there[o. The cash p,nyments roceived as n result of this pre,vis,on shall be placed in a specSnl fund by the city and used only f~)r ol land for parks, ~cquisJ tion playgrounds, public open space and storm water ho]ding areas or ponds, deve]opment of existing parks and playground sites, pub]it open space and storm waler holding areas or ponds, and debt retirement Jrt. connection vith land previously ~cquJred for such pub]it purposes. In appropriate plats, the subdivider ;~nd the city councJ] may agree on a combination of land dedication and cash payment. 3. In appropriate plats, as determined by agreement between the c4ty coune21 and subdivider, the subdSvJder may dedicate to the public a scenic e;~sement Jn combination with the requirements of para- graphs ] and 2 above, or if the subdivider and city council agree, the scenic easement dedication may be in lieu of the requirements paragraphs ] and 2 above. 4. Agreements as to the requirements in paragraphs 1, 2, and 3 above shall be made prior to preliminary plat approval, and failure of the city counci] and subdivider to reach agreement regarding the matters ~n paragraphs 1, 2, and 3 above shall constitute denial of the preliminary plat. I '1 I'