Agda Pkt 2024.10.14 Regular Meeting

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ATTY/ORD.0010/CC ORD AMENDING MUNI CODE CH.18, 27A, 30 – EXHIBIT C REV: 09-17-24 VR Page 57 of 65 1.The open space is at least 1.0 acre in size; 2.At least twenty-five percent (25%) of the space is developed with amenities that permit active recreation that may include, but is not limited to, swimming pools, basketball, soccer, baseball, volleyball, tennis, football or similar courts, and playground equipment; and 3.At least fifty percent (50%) of the open space area consists of smooth grass spaces with a grade of no more than one-foot rise in twenty-five feet (25′) that can be divided into rectangles each of no less than five hundred (500) square feet, with the shorter side of each rectangle being no less than twenty feet (20′) wide. The value of such private open space shall be determined by the City Council, based upon a professional appraisal produced by an independent consultant selected by the City and paid for by the subdivider. Such appraisal shall take into account only the value of such open space in the marketplace if it were restricted to use as open space usable for active recreational uses and sold separately from the remainder of the subdivision. The valuation shall not take into account the amount the City (or any other public entity) might pay for such open space unless, in the opinion of the City Council, the City or another public entity has an established history or policy of purchasing open space in the City of similar size, configuration and use. The credited amount shall be as follows: i. One hundred percent (100%) credit for space open to the public during normal City Park hours. ii. Twenty-five percent (25%) credit for space open to the residents of the subdivision only. C. Where a credit granted pursuant to subsection A or B of this Section is applied to a land dedication requirement, as opposed to a fee requirement, the amount of such credit shall be calculated at a rate of one (1) acre of credit for each three million eight hundred sixty-five thousand three hundred eighty-two dollars ($3,865,382.00) in value of park and recreational improvements (in the case of a credit pursuant to subsection A of this Section) or private open space useable for active recreational uses (in the case of a credit pursuant to subsection B of this Section). Sec. 30.72. – USE OF FEES AND DEDICATED LAND: A. The City shall develop a schedule specifying how, when, and where it will use the land and fees accepted or collected pursuant to this Article to develop park or recreational facilities to serve the residents of the subdivisions for which such dedications or payments have been made. Any fees collected shall be committed within five (5) years after the payment of the 6.D. - Page 70 of 78 146