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S:\Community Development\Projects\Planning Cases\_CLOSED\Century Farm North\Park Dedication\Staff Reports\20170425 MEMO\20170425 MEMO Century Farm North Park Dedication.doc “reasonable” there must be an “essential nexus” and a “rough proportionality” between the fees or land dedication required. When collecting fees in lieu of land “reasonableness” is based, in part, on the fair market value of the land prior to final approval. Essentially, this is the raw value of land prior to improvement. Operating under these requirements the City has established a per unit park dedication fee that takes into account projected residential units, facility and land needs, and park system development costs. At the time of the Century Farm North project the park dedication fee was $1,665 per unit. Based on the project review, and final approvals the park dedication was determined as follows: Cash Contribution Total Units Less Prior Plat Total New Units Cash Per Unit Total Fee 249 8 241 $1,665 $401,265 Less Value of Land Dedication* Upland Acres Value Per Acre Total Value 8.123 $28,000 227,444 Credit (227,444) Less Value of Improvements** Trail and Sidewalk 70,000 (70,000) Total Cash Dedication $103,821 * Does not include approximately 12 additional acres of open space/wetland area that was also dedicated ** Sidewalk on Century Trail and Bituminous Trail on Robinson Drive. Improvements also include park grading and gravel of interior loop path. As shown, the final approvals included a payment of $103,821 which would have been intended for park improvements. However, the developer, at the time of approval appealed the cash dedication amount arguing that the land dedication of 8.1 acres satisfied the developer’s legal obligation. He agreed to post the cash as security until the issue could be resolved. In July of 2003 the developer submitted an appraisal to the City Attorney establishing the market value of the raw land at $50,000 per acre rather than the $28,000 per acre credited by the City. Mr. Hawkins, the City Attorney, following review of the information, responded in letter dated, September 19, 2003, that the park land dedication and trail improvements satisfied the City’s park dedication and that the developer was entitled to return of the $103,821 in security. Payment to Mr. Uhde was made in December of 2003. This issues was further discussed at a City Council work session on April 21, 2004. Attached is a copy of the minutes and an email from Mr. Hawkins regarding resolution of the park dedication