7D, Planning Case 08-005 - Laserfiche WebLink

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The applicant is not applying for any building or grading permits at this time. As part of the proposal, the applicant is also requesting that the City vacate several easements and the right-of-way for 13th Street NE. Approval of the vacation request is contingent on approval of the preliminary and final plat. The Rice Creek Watershed District has reviewed the proposal and issued a conditional approval upon receipt of changes (CAPROC). The changes requested by RCWD are minor and are not anticipated to change the layout of the proposed plat. Park Dedication Reauirement Section 1130.08 Subd. 2.B of the Subdivision Ordinance permits the City to require the applicants to dedicate up to ten percent of the buildable land area in the subdivision or to pay a park dedication fee of up to ten percent of the market value of the land at the time the final plat is approved. The park dedication requirement is typically activated when a lot is subdivided. In this case, the applicant is requesting a lot consolidation. Nevertheless, the applicants agreed to dedicate land or pay a park dedication fee in the original Master PUD approval in 2001. The total market value of the land according to Ramsey County in 2008 is $3,932,000, which would allow for a maximum park dedication fee of $393,200. While the City does have regulations for setting the maximum park dedication fee, State Statutes (462.358 Subd 2.b and 2.c) have additional criteria that, while not directly reflected in the City's Subdivision Code, must be considered: 1. The regulations may require that a reasonable portion of the buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities, playgrounds, trails, wetlands, or open space 2. 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. 3. 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. 4. 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. 5. There must be an essential nexus between the fees or dedication imposed and the municipal purpose sought to be achieved by the fee or dedication. 6. The fee or dedication must bear a rough proportionality to the need created by the proposed subdivision or development. 7. 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 City of Arden Hills City Council Meeting for July 14, 2008 \ \Metro-inet.us\ardenhills\Planning\Planning Cases \2008 \08-005 Traverse Preliminary & Final Plat and Vacation (PC Approved) \071408 - CC Report - Traverse Plat.doc Page 2 of8