7D, Planning Case 08-005 - Laserfiche WebLink

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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 on the park system created by the subdivision, or in this case, lot consolidation. Although the City's regulations clearly place a limit on the park dedication requirement, there is not a formula for determining "reasonable and proportional impact." Park Dedication Proposal The current park dedication proposal is in two parts: private on-site improvements and a new public pathway along Gateway Boulevard. Part 1 - The purpose of the on-site improvements is to help offset the impact on the City's park and recreation system from this development. Since a tenant has not yet been selected, the final plans for on-site improvements have not been finalized in order to provide flexibility for a future tenant. Allowing flexibility for the on-site improvements will make it possible to customize the amenities to fit a particular tenant's needs. Instead of approving a particular plan, CMK is proposing to construct at least $153,400 worth of on-site recreational improvements as part of Phases 1 and 2 of the development. The on-site improvements would not be required to be open to the public. Since construction may not occur in 2008, the preliminary development agreement does include a provision that increases the value of the required on-site improvements by three percent each year. To help provide context for the type of improvements that may occur at the above value, a concept plan was submitted (Attachment B). The concept plan includes 2,600 feet of on-site paths and observation points. Prior to construction, the on-site recreational amenities plan will be subject to City Planner approval before the issuance of any permits, which is meant to ensure that the required value of improvements is constructed and spent on park and/or recreational amenities. Part 2 - In addition to the on-site improvements, CMK will construct a six foot wide, "-' 1 ,900 foot long concrete pathway along the south side of Gateway Boulevard, which is in accordance with the draft 2030 Comprehensive Plan and the 2002 Parks, Trails, and Open Space (PTOS) Plan (Attachment C). The proposed path would be accessible to the existing City trail on the east side of the property and to a future path on Round Lake Road that would likely be built when Round Lake Road is reconstructed. The path along Gateway Boulevard would be constructed in City right-of-way and would become a City owned and maintained pathway. The City Engineer and Public Works Director have reviewed the proposed public pathway, visited the site, and are in support of the proposal. 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 3 of8