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(PROPOSED) AMENDMENT TO ORDINANCE NO. 58B THE GEM LAKE SUBDIVISION ORDINANCE The following is proposed for addition to the Gem Lake Subdivision Ordinance No. 58B as Section 5.4 Park Land Dedication. If adopted, Ordinance No. 58B would be amended to become Ordinance No. 58C. Section 5.4 Park Land Dedication Requirements 5.4.1 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. 5.4.2 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. 5.4.3 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 it's discretion, may reject proffered land and mandate monetary contribution. 5.4.4 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. 5.4.5 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. 5.4.6 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 residents of the subdivision or PUD , such areas may be used for credit at the discretion of the City Council against the requirement for dedication for park and recreation purposes, providing the City Council finds it is in the public interest to do so and that the following standards are met: A) The yards, court areas , setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open spaces, and B) That the public ownership and maintenance of the open space is adequately provided for by written agreements, and C) That the public open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council, and D) That the proposed private open space is reasonably adaptable for use for park and recreations purposes, taking into consideration such factors as size, shape, topography, hydrological conditions, geology, access and location of private open space lands, and E) That facilities proposed for the open space are in substantial accordance with the provisions of the Jrecreational element of the comprehensive plan, and are approved by the City Council, and