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5.5 The City Code regarding Park Dedication reads as follows: 1103.07: PARK DEDICATION: A. Condition to Approval: As a condition to the approval of any subdivision of land in any zone, including the granting of a variance pursuant to Section 1104.04 of this Title, when a new building site is created in excess of one acre, by either platting or minor subdivision, and including redevelopment and approval of planned unit developments, the subdivision shall be reviewed by the Park and Recreation Commission. The Commission shall recommend either a portion of land to be dedicated to the public for use as a park as provided by Minnesota Statutes 462.358, subdivision (2)(b), or in lieu thereof, a cash deposit given to the City to be used for park purposes; or a combination of land and cash deposit, all as hereafter set forth. B. Amount to be Dedicated: The portion to be dedicated in all residentially zoned areas shall be 10% and 5% in all other areas. C. Utility Dedications Not Qualified: Land dedicated for required street right of way or utilities, including drainage, does not qualify as park dedication. D. Payment in lieu of dedication in all zones in the city where park dedication is deemed inappropriate by the City, the owner and the City shall agree to have the owner deposit a sum of money in lieu of a dedication. The sum shall be reviewed and determined annually by the City Council by resolution. (Ord. 1061, 6 -26 -1989) E. Park Dedication Fees may, in the City Council's sole discretion, be reduced for affordable housing units as recommended by the Housing and Redevelopment Authority for the City of Roseville. (Ord. 1278, 02/24/03). 5.6 On March 18, 2011, the Community Development Department received a letter for the Meritex Enterprises (property owner) seeking a waiver from the required park dedication (land or fee in lieu) requirements for their 42 acre Highcrest Park property (Attachment F). 5.7 On April 5, 2011, the Park and recreation Commission took -up the request and voted not to support the waiver. The Commission also voted to recommend to the City Council that a payment in lieu of land dedication be made, which per the City Fee Schedule is 5% of the friar market value of the unimproved land. 6.0 CONDITIONAL USE ANALYSIS 6.1 The use of the site for processing and /or distribution is a permitted use. AirGas plans on constructing a facility for the purpose of a cylinder filling operation with four separate bulk storage vessels for supplying oxygen, nitrogen, nitrous oxide, and carbon dioxide. Cylinder filling is conducted within the building according to National Fire Protection Association regulations. Cylinders are inspected, maintained, handled, filled, stored and transported using approved written procedures and guidelines that comply with state and federal regulations. The CONDITIONAL USE request is to enable AirGas to safely store flammable gas cylinders outside in concrete block bunkers. PF 11 -010 RCA 042511.doc Page 3 of 7