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Planning Case No. 505-97 Mounds View Business Park East Second Add'n Plat October 1, 1997 • Page 2 Analysis: According to Section 1202.01, Subdivision 1 of the City Code, full platting is required for all major subdivision requests. The applicant, Everest Development,LTD., is requesting approval of a preliminary plat for the proposed Mounds View Business Park East 2nd Addition. Review of this plat is required by the City Engineer, the Director of Public Works, the City Attorney, Rice Creek Watershed District, and Ramsey County. At the time this report was written, no comments had been received back. The plat, dated 9/8/97, bears the necessary data for both preliminary and final plats, as specified in the City Code. As with any subdivision of land within Mounds View, two issues need to be addressed. The first is easements. As a result of previous plattings, easements have already been dedicated to the City which will need to be vacated as a condition of this plat's approval. Vacations are done by ordinance, and staff has requested the City Attorney to draft the necessary language to accomplish this. The areas to be vacated are highlighted on the 81/2 by 11 plat reduction attached to this report. The applicant will need to provide the appropriate legal descriptions of the easement areas to be vacated. From discussions with Jim Hess, the City's Engineering Technician, it may be the case that additional right of way may need to be dedicated along Program Avenue to allow for an 80- foot continuous right of way where there is currently only 60 feet. Before the new drainage and utility easements can be shown on the plat, the Director of Public Works will make a determination • regarding the specific right of way dimensions. This will be done prior to your next meeting scheduled for October 15, 1997. The other issue addressed with every subdivision of land is the park dedication requirements. According to Section 1204.02 of the City Code, all subdividers of land are required to dedicate to the City for public purposes a portion of land, or, at the City's sole discretion, an equivalent amount in cash based upon the fair market value of the undeveloped land. It has been and continues to be the City policy of requiring a cash dedication in lieu of land. For commercial and industrial lands, the appropriate figure is ten percent. Because this proposal replats land for which park dedication fees have already been paid, Subd. 6 of Section 1204.02 relating to dedications for re-subdivision applies. Attached to this report is a letter dated 9/3/97 to the applicant indicating the exact park dedication fee that will be required for this re-subdivision. Also attached is a response from the applicant dated 9/18/97 which disputes the City's interpretation of the park dedication requirements. Staff maintains that the appropriate park dedication fee for this re-subdivision is $56,771, which amounts to ten percent of the land's fair market value less prior park dedication payments made for these properties. The Mounds View Parks and Recreation Commission, at its meeting on September 25, 1997, voted to recommend to the City Council an approximate park dedication fee of$60,000 as outlined by staff in the letter dated 9/3/97. The Planing Commission, before it acts on this request at its next meeting, will need to receive either written or verbal assurance from the applicant that the appropriate park dedication fee will be paid. • Recommendation: