03-12-07 Item 7D, Resolution 07-34 Final Plat at Lake Johanna Woods

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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 fmal 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 point to 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 that the maximum fee for the final plat of Lake Johanna Woods may not be reasonable or proportional to the impact of the subdivision, For example, the maximum fee for the Lake Johanna Woods Final Plat is potentially $22,200 for two new lots, However, the maximum fee for the Burroughs Lane Final Plat (PC 06-038) is only $13,935 for two new lots. It would be difficult for the City to demonstrate that the two new lots in the Lake Johanna Woods plat have almost twice as much impact on the City's park system as the two new lots in the Burroughs Lane final plat in terms of park need and use, The park dedication fees charged to new subdivisions since 2005 is as follows: Status Plannin Case 05-019 Park Dedication Fee New Lots Fee per Lot $15,600 3 $5,200 Approved 06-002 06-004* *Reduced from maximum ark 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 plat(s) under review, to calculate more equitable park dedication fees. Using a running average would produce a park dedication fee that adjusts for changes in land value over time while keeping the fee per lot comparable to other subdivision approvals, Including the two final plats currently under review and the four other park dedication fees charged since 2005 would generate an average park dedication fee of $6,276 per lot, which is slightly less than the maximum park dedication fee for Burroughs Lane and a little than half the maximum park dedication fee for Lake Johanna Woods, It is not necessary to change the Subdivision Ordinance at this time to use this method since it is meant to respect the limits on park dedication fees set in State Statutes. Furthermore, the Page 3 of6 \\Metro-inet.uslardenhillslPlanninglPlanning Cases\2006106-039 Boutin - Lake Johanna Woods Final Plat (PENDING)\031207 - CC Report- Boutin Final Plat.doc