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

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Subdivision Code only sets the maximum park dedication fee as opposed to a mandatory park dedication fee. The applicant has submitted a letter requesting the City Council to waive the park dedication fee and why the fee should be waived (Attachment 7D-2). In addition to the total appraised value of the two new lots, the appraisal also includes the estimated value of the drainage easements that were acquired by the City for the stormwater ponds on Lots 2 and 3. While the drainage easements are somewhat related to the subdivision, Staff considers the two issues to be separate. Additionally, while the easements have a public use, the easements are not open to the public and do not offset any impact on the increased need for park space and facilities, However, if deemed appropriate by the City Council, the fee can be further reduced by amending condition number five, Staff is recommending a park dedication fee of $6,276 per lot in the Lake Johanna Woods subdivision for a total park dedication fee of$12,552. Additional Condition for Approval & Modification Conditions As noted above, Staff is recommending one additional condition that was not discussed at the Planning Commission meeting, The proposed condition would enhance the City's ability to protect the remaining trees on the property and would become condition number 13: 13, A temporary fence shall be placed between the construction area and the areas not approved for tree removal prior to any additional grading work on the property. The fence shall not be removed until all grading work is completed, The fence's location and the fence removal shall be subject to City Engineer and City Planner approvaL At the recommendation of the City Attorney, conditions six and seven were modified to make the applicant responsible for replacing trees for the two years after the final plat is approved as opposed to transferring the responsibility to future property owners, Transferring the responsibility to future property owners would make it more difficult for the City to enforce the tree protection conditions, Development Aereement The City Attorney has prepared a development agreement to include with the approval of the final plat (Attachment 7D-3), Recommendation The Planning Commission reviewed Planning Case 06-039 and unanimously (4-0) recommends approval based on a finding that the Final Plat of Lake Johanna Woods and the Development Agreement is in conformance with the requirements of the Preliminary Plat approval in Planning \lMetro-inet.us\ardenhillslPlanninglPlanning Cases\2006\06-039 Boutin - Lake Johanna Woods Final Plat (PENDING)\031207 - CC Report- Boutin Final Plat.doc Page 4 of6