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Mermaid Staff Report February 4, 2009 Page 2 Easements: The City’s Subdivision Code requires that plats dedicate perimeter drainage and utility easements for each lot in the subdivision. This plat already has the required perimeter easements around the current Mermaid property, and staff does not believe that adding additional easements along the new property lines running through the structure and parking lot are necessary. Streets: The applicants are not proposing any new or altered streets or access drives into the Mermaid site with this proposal. Park Dedication Requirements: The Subdivision Code indicates that any subdivision of land is subject to a park dedication fee. In this case, the City typically sets the fee as equal to 10% of the market value of the land. Staff uses Ramsey County assessed values as the basis for dedication computation. In 2000, when the City approved the PUD, the owners paid a park dedication fee of $92,306. The City determined this fee based on the land value of the entire property in 2000. Chapter 1204.02, Subd. 5 of the City Code addresses park dedication fees for a resubdivision: Subd. 5. Dedication for Re-Subdivision: For any subdivision of a parcel on which a cash dedication for parks has previously been made but on which an additional cash dedication is required due to re-subdivision, the amount of cash dedication required on the re-subdivided parcel(s) shall be based on the market value of the land at the time of re-subdivision and the factors set forth in subdivision 4 of this Section less any applicable credit for the prior cash dedication. It is important to note in this case that the proposed subdivision would not allow or be for additional construction on the property. It essentially divides existing uses to allow for separate ownership of each business. As such, the proposal should not create any additional impact or demand on the City park system. The City Council should consider this and determine what, if any, park dedication fee the property owner should pay. Major Subdivision Summary: The Mermaid is currently zoned PUD, Planned Unit Development, and the proposed two-lot subdivision would be consistent with the existing zoning of the property. As submitted, the proposed plat appears to meet City Code requirements and the City Attorney is now reviewing the proposal. There are easement agreements in place that address the shared parking and access for the entire site. The Halls intend to keep these agreements in place but they may have to amend them to accommodate the latest legal descriptions of the new lots (if approved).