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E. Park Dedication (1130.08 Subd 2) For a subdivision that results in three net new lots, Section 1130.08 Subd. 2 of the Subdivision Ordinance permits the City to require the applicants to dedicate up to seven percent of the buildable land area in the subdivision or to pay a park dedication fee of up to seven percent of the property's land value at the time the final plat is approved. Since the trail along Hamline Avenue already belongs to the City and the remaining land does not easily lend itself to park or other recreational uses, a park dedication fee would likely be more appropriate then a land dedication. An official appraisal of the property was submitted to the City that determined the current value of the entire property to be $250,000. State Statutes require the City to use the value of the property prior to execution of the final plat when determining park dedication fees. The maximum park dedication fee for the entire property would be $17,500 or $4,375 for each of the lots. However, the City can only charge the fee for three net new lots. Exempting one of the lots reduces the maximum park dedication fee to $13,125. 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: ■ 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 ■ 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. ■ 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. ■ 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. ■ There must be an essential nexus between the fees or dedication and the municipal purpose sought to be achieved by the fee or dedication. The fee or dedication must bear a rough proportionality to the need created by the proposed subdivision or development. City of Arden Hills Planning Commission Meeting for October 1, 2008 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12008108-024 Christensen Estates Preliminary and Final Plat (Pending) 1100108 - PCReport - Christensen Estates Plat.doc Page 6 of 10