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HomeMy WebLinkAboutResolution - 2023-61 - Kiwatchi Development- Resolution for the Findings of Fact in Support of Park Dedication Fees - 06/13/2023CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-61 A RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION FEES FOR KIWATCHI ADDITION WHEREAS, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner ofland being subdivided to dedicate to the public for public use as parks, playgrounds or public open space a reasonable portion of the land up to 10% thereof; and, WHEREAS, in lieu of dedicating land, City Code Chapter 12, Section 12.40 Subd. 2; gives the City the option to require the developer to contribute an equivalent amount in cash in lieu of all or a portion of the land which the City may require such owner to dedicate in accordance with the schedule to be set by resolution of the Council; WHEREAS, the Kiwatchi Addition project includes subdivision of property pursuant to City Code Chapter 12 into 4 single-family lots and 3 outlots (the "Project"); WHEREAS the payment of cash park fees in lieu of land dedication is appropriate given the nature of the use on the property; WHEREAS, the City's current fee ordinance sets the cash park fee at $5,500 per residential unit, which amount was calculated in accordance with Minn. Stat. § 462.358, subd. 2b(c); WHEREAS, the City Council held a public hearing at its June 13, 2023 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the following findings are hereby adopted in support of the imposition of a cash park fee in lieu of land dedication as a condition of subdivision approval for the Kiwatchi Addition project: 1. The Project does not include available land that is suitable for parkland. The land areas outside of the developable area include wetlands and will be protected by a Drainage and Utility Easement that prohibits development. 2. The Project includes the construction of 4 single-family homes. Development and occupancy of the units is expected to have an impact on the City's parks and trail system. 3. The Project is connected to a public sidewalk system providing access to a public trail along Highway 62 and to parks and open spaces, increasing the likelihood that residents of the Project will use the City's trails, parks, and open spaces. 4. The City has sidewalks and trails throughout the neighborhood. The City improves and maintains the pedestrian and bicycle facilities for all residents to enjoy. 5. There is an essential nexus between requiring the cash park fees for the Project and the City's goal of providing a high-quality park system for all individuals who live or work in the City, including residents of the Project. 6. The need for parkland created by the Project is roughly proportional to the cash park fee amount required by the City's fee ordinance. The cash park fees will be used for future anticipated park acquisition and improvement projects in the City, pedestrian and bicycle facility improvements, and other projects to improve City park and recreational facilities that are likely to be used by residents of the Project. ADOPTED by the City Council of the City of Eden Prairie this 13th day of June, 2023. 7' ,~ Ronald A. Case, Mayor ATTEST: