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SEP,w29-1994 08:48 NAC 612 595 9837 P.08i08 <br /> says it is not reasonably related to the project <br /> because 750 trips does not require an arterial. The <br /> City argues that the arterial is necessary as part <br /> of the city-wide transportation system. <br /> B. The second example involves the park land <br /> dedication. Developer Bob proposes a mixed <br /> commercial use project. consisting of multiple retail <br /> uses. As part of the PUD approval., exaction <br /> requires a park dedication for the upper corner of <br /> the project . Developer Bob argues that park land <br /> dedication is not reasonably related to the <br /> commercial use. Exaction argues that it is <br /> necessary for its city-wide park plan. <br /> C. The third example involves the dedication of <br /> off-site ponding. Developer Bob proposes a mixed <br /> commercial use. As part of the conditions to <br /> approving the PUD, Exaction requires that Developer <br /> Bob dedicate land for off-site ponding. Developer <br /> Bob argues that it is not reasonably related to the <br /> impact of the project . Exaction argues that it is <br /> necessary for the city-wide drainage requirements. <br /> V. Conclusion. <br /> A. The Dolan case places a strict burden on the city to <br /> make an individualized determination substantiating <br /> that the required dedication is related both in <br /> nature and extent. to the proposed development ' s <br /> impact. It may not be enough for the city to rely <br /> on previous calculations . <br /> B. The U.S. Supreme Court has recently demonstrated a <br /> penchant for protecting property rights. As a <br /> result, state courts will review the conditions of <br /> zoning approvals by municipalities with more <br /> scrutiny. <br /> CJD:BR6s <br />