5.1. PCSR 10-11-2011 - Laserfiche WebLink

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enough east of the Highway, to accommodate a future right turn lane for 171St Avenue, and far enough west to avoid wetlands when the roadway is extended south of 171St in the future. There will be a cross access agreement for lots created from Outlots "A" & "B" in the future. Those lots will all gain access from Ulysses Street, and not be allowed to have driveways exiting onto 171St Avenue. E. Curbing. Our site plan reflects concrete curbing only in those areas necessary for aesthetics or drainage control. Applicant is requesting that it not be required to place concrete curbing around the rest of the car lot, because of the unique nature of the automobile sales business, with large amounts of vehicle display, and because it will hinder snow removal. Perimeter curbing around the entire site is not necessary, and would be extremely wasteful on a site as large as the subject property. Section of 30-901 (b) (3) of the City of Elk River Code of Ordinances contemplates such a request. F. Park Dedication. _ Section 30-327(a) of the City's Code of Ordinances states that it is reasoriable to dedicate land equal 'in value to ten percent of the undeveloped land proposed to be subdivided. Section 30-327(b) states that in lieu of land the contribution is to be an amount of cash not to exceed the fair market value of the undeveloped land required to be dedicated. (The underlining is added to emphasize the ordinance's wording, which restricts the imposition of the fee to "undeveloped land" only, and which imposes an upper limit on the fee, but which allows the City discretion as to whether a lesser fee may be charged.} Section 30-327 (f) states the fair market value shall be determined in the same manner as the county assessor determines fair market value of land for tax purposes. In the context of the park dedication fee ordinance noted above, we ask that the City consider the following: (i) the existing dealership .site is not "undeveloped land," as contemplated by the ordinance; (ii) the dealership property is not being further subdivided (rather it is being combined); (iii) the use of the property is not changing; and (iv) the current use does not, and will not, place a high demand on the city's park system, as would, by example, a multi- family housing development. This property is only being platted at this time to satisfy a condition for securing a building permit. Further, nothing in the City's ordinance states the City must assess the. maximum park dedication fee on this property. Payment of the park dedication charge on the entire property, and for the maximum amount would result in an unreasonable charge for a single, Land intensive business to absorb. We agree that if this site were to be divided in the future for a different use, park dedication 5