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42 acres <br />In the multi -family example of the Wenzel Farms development, we are <br />faced with a slightly higher percentage. The difference is $200.00 <br />per unit. This might help to supply the higher % of land needs <br />within the range standards. Again, for a neighborhood park the <br />standard was a minimum of 5 acres and optimally between 14 and 17 <br />acres, servicing each 1000 people with between 2.5 to 3.5 developed <br />acres. <br />In all of the single family examples , the ultimate result was to <br />recover enough money to buy park land at the market value. This was <br />the reason for investigating a new approach in the first place. <br />The legal basis for park land dedication is Minnesota State Statute <br />462.358, Subdivision 2(b). It gives cities the legal authority to <br />acquire "reasonable" proportion of land per subdivision to be used <br />for park purposes. The ordinance also addresses cash equivalents. <br />The Minnesota State Statute stems from a 1971 landmark case of <br />Associated Builders of Greater East Bay, Inc. vs. The City of <br />Walnut Creek, California. This case trial did not address <br />commercial/industrial land dedication requirements. This subject <br />has surfaced recently. There are few models to go by and this one <br />n might be challenged. The City of Vadnais Heights recently adopted <br />an ordinance for commercial/industrial that is basically based on <br />building "footprint" sizes. We have used their model and it is <br />included in the proposed ordinance amendment. I submit a new <br />amended ordinance based on the above information. <br />