03-12-07 Item 4E, Resolution 07-33 Final Plat of Burroughs

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. In establishing the portion to be dedicated or preserved or the cash fee, the City shall give due consideration to the open space, recreational, or common areas and facilities open to the public that the applicant proposes to reserve for the subdivision. . The municipality must reasonably determine that it will need to acquire that portion of land for the purposes stated in this subdivision as a result of approval of the subdivision. . The municipality must not deny the approval of a subdivision based solely on an inadequate supply of parks, open spaces, trails, or recreational facilities within the municipality. . There must be an essential nexus between the fees or dedication and the municipal purpose sought to be achieved by the fee or dedication. The fee or dedication must bear a rough proportionality to the need created by the proposed subdivision or development. . If a municipality is given written notice of a dispute over a proposed fee in lieu of dedication before the municipality's final decision on an application, a municipality must not condition the approval of any proposed subdivision or development on an agreement to waive the right to challenge the validity of a fee in lieu of dedication. The italicized bullet points are particularly important because they summarize the overall theme in State Statutes for setting the park dedication fee. Essentially, the park dedication fee must be reasonable and proportional to the impact of the subdivision on the park system. Based on the park dedication fees applied to other recently approved subdivisions, the City Attorney has expressed some concern regarding the potential for applying inequitable park dedication fees. Park dedication fees should be comparable between subdivisions that are reviewed and approved in substantially the same timeframe. It would be difficult for the City to demonstrate that new lots in one subdivision have a greater impact on the park system than new lots in another subdivision, particularly when the subdivision is reviewed and approved within the same timeframe. The fee can be adjusted over time to account for overall increases in land value. Since 2005, the following park dedication fees have been applied to new subdivisions: Status Plannin Case Park Dedication Fee New Lots Fee er Lot 05-019 $15,600 3 $5,200 Approved 06-002 $4,808 06-004' $4,896 06-001 $7,594 2 A roved & Pendin Avera e *Reduced from maximum park dedication fee The City Attorney and I have discussed the option of using a running average of past park dedication fees, including the potential maximum fee of the final plates) under review, to \\Metro-inet.us\ardenhillslPlanninglP/anning Cases\2006\06-038 Amities Coast - Burroughs Lane Final Plat (PENDING)\031207 _ CC Report- Burroughs Lane (amities coast) Final Plat. doc Page 3 of5