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<br />The applicant has submitted an application, narrative describing the project proposal, preliminary <br />and final plat (Attachment D), and a description of the park dedication proposal (Attachment C). <br />(Please refer to the March 31,2008 Council Packet for the March 5, 2008, Planning Packet, or <br />contact City Staff for additional copies.) The Rice Creek Watershed District has reviewed the <br />proposal and issued a conditional approval upon receipt of changes (CAPROC). The changes <br />requested by RCWD are minor and are not anticipated to change the layout of the proposed plat. <br /> <br />Park Dedication ReQuirement <br /> <br />Section 1130.08 Subd. 2.B of the Subdivision Ordinance permits the City to require the <br />applicants to dedicate up to ten percent of the buildable land area in the subdivision or to pay a <br />park dedication fee of up to ten percent of the market value of the land at the time the final plat is <br />approved. The park dedication requirement is typically activated when a lot is subdivided. In <br />this case, the applicant is requesting a lot consolidation. Nevertheless, the applicants agreed to <br />dedicate land or pay a park dedication fee in the original Master PUD approval in 200 I. The <br />total market value of the land according to Ramsey County in 2008 is S3,932,000, which would <br />allow for a maximum park dedication fee ofS393,200. <br /> <br />While the City does have regulations for setting the maximum park dedication fee, State Statutes <br />(462.358 Subd2.b and 2.c) have additional criteria that, while not directly reflected in the City's <br />Subdivision Code, must be considered: <br />1. The regulations may require that a reasonable portion oflhe buildable land, as defined <br />by municipal ordinance, of any proposed subdivision be dedicaled to the public or <br />preservedforpublic use as Slreets, roads, sewers, electric, gas, and waler(iJcilities, <br />storm water drainage and holding areas or ponds and similar utilities and improvemel1ls, <br />parks, recreational facililies, playgrounds, trails, wetlands, or open space <br />2. In establishing the porlionto be dedicated or preserved or the cash fee, the City shall <br />give due consideralion to the open space, recreational, or common areas and facilities <br />open to the public that the applical1l proposes to reserve for the subdivision. <br />3. The municipality must reasonably determine that it will need to acquire that portion of <br />land for the pllllJoses stated in this subdivision as a result of approval of the subdivision. <br />4. The municipality must not deny the approval of a subdivision based solely on an <br />inadequate supply of parks, open spaces, trails, or recreational facilities within the <br />municipality. <br />5. There musl be an essential nexus between the fees or dedication imposed and the <br />municipal plllpose sought to be achieved by the fee or dedication. <br />6. The fee or dedication must bear a rough proportionality to the need created by the <br />proposed subdivision or development. <br />7. If a municipality is given written notice ofa dispute over a proposed fee in lieu of <br />dedication before the municipality's final decision on an application, a municipality must <br />not condition the approval of any proposed subdivision or development on an agreement <br />to waive the right to challenge the validity of a fee in lieu of dedication. <br /> <br />\Ukrm-iI/CI,lIs!a/"t!cl1hiI1s1P/(Jllllillg\P/aIlJlillg Casc.\'\2008\OS-005 Tml'('/"sc Prelim/l/ulY & Filial Pial (Jnd Vacmioll (PCAppro\'cd)W42808- CC <br />Report - Trm'cl~\'c PI(lI.doc <br /> <br />Page 2 of7 <br />