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<br />3. In determining which of the above policies to <br />implement, the planning commission and the <br />ci ty council will consider the size of the <br />development and its adequacy for accommodating <br />a suitable public use site; the community <br />facility aspects of the comprehensive <br />development plan and the school district's <br />master plan; existing parks and other public <br />uses in the area; the topography, geology, and <br />location of land in the subdivision available <br />for dedication; the needs of the people in the <br />area; and any other appropriate factors. If <br />land is dedicated to the city, it shall be <br />free of all liens and encumbrances. <br /> <br />4. The requirements of the section shall not <br />apply in cases where satisfactory dedication <br />arrangements were made and approved by the <br />city council at the time of annexation or <br />previous subdivision of the same property. <br /> <br />5. THE INCREASE IN THE DEDICATION FOR RESIDENTIAL <br />SUBDIVISIONS FROM TWELVE TO FIFTEEN PERCENT, <br />AS PROVIDED IN PARAGRAPH 1 OF THIS SUBSECTION <br />B, SHALL TAKE EFFECT ON APRIL 3, 1993, AND <br />SHALL APPLY TO EACH SUBDIVISION, THE FINAL <br />PLAT OF WHICH IS NOT APPROVED BY THE CITY <br />COUNCIL AS OF SUCH DATE. ANY SUBDIVIDER WITH <br />A SUBDIVISION APPLICATION PENDING ON APRIL 3, <br />1993, WHO BELIEVES THAT APPLICATION OF THE <br />INCREASE TO SUCH SUBDIVISION WOULD BE LEGALLY <br />INVALID MAY FILE WITH THE CITY COUNCIL A <br />REQUEST FOR AN EXCEPTION FROM THE INCREASE <br />PROVIDED HEREIN. THE REQUEST SHALL FULLY SET <br />FORTH THE REASONS WHY THE EXCEPTION SHOULD BE <br />GRANTED. THE CITY COUNCIL MAY GRANT THE <br />EXCEPTION IF IT FINDS THAT APPLICATION OF SUCH <br />INCREASE WOULD BE LEGALLY INVALID UNDER THE <br />FACTS PRESENTED. <br /> <br />6. THE SIZE OF DEDICATION SET FORTH IN THIS <br />SECTION IS DESIGNED AND INTENDED TO REASONABLY <br />RELATE TO THE NEEDS CREATED OR CONTRIBUTED TO <br />BY SUBDIVISION DEVELOPMENT WITHIN THE CITY. <br /> <br />section 4. If any portion of this ordinance is held to be <br />invalid for any reason, such decision shall not affect the validity <br />of the remaining portions of this ordinance. The City Council <br />hereby declares that it would have passed this ordinance and each <br />part hereof irrespective of the fact that anyone part be declared <br />invalid. <br /> <br />4 <br />