05/11/89 Jr City Council, Planning & Zoning, and Park & Recreation

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CASE #1: REVIEW DRAt~ PARK DEDICATION ORDINANCE By: Mark S. Bonwar~, Community Development Director Background: On July 25, 1988, City Code 170.06 "Park and Open Space", as amended, went into effect. The purpose of the ordinance is to provide funds which the City can dedicate and use only for the acquisition of parklands, playgrounds, trails, and/or open space, as well as provide a means for the City to acquire a reasonable portion of each new subdivision for public use as parklands, playgrounds, trails, and/or open space. In accordance with 170.03, Subdivision 170.032, "Interpretation and Scope", the definition of "subdivision" is the division of a tract of land into two or more lots or parcels of land for the purpose of transfer of ownership or building development. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. This definition has led to some question as to the intent of the Park and Open Space Dedication Ordinance. If a large lot of a subdivision, which is already contributed towards park dedication, is subdivided, is the intent of the ordinance to require additional park dedication? On January 3, 1989, the Planning and Zoning Commission tabled the discussion of park dedication. On January 10, 1989, there was discussion regarding a park dedication for Gobernatz Addition. Mr. Gobernatz stated that he had no problem with paying the park dedication. However, Mr. Gobernatz stated that this should be a one-time expense and not reoccur with each resubdivision. Council directed Staff to report back at the City Council meeting on January 24, 1989 at which time there would be information available from the Park and Recreation Commission. On January 12, 1989 the Park and Recreation Commission made a motion to direct the City Attorney, City Engineer, Mr. Merland Otto of Hakanson Anderson Associates, and Community Development Director to gathe~r and make some recommendation in a form of draft park dedication ordinance. Observations: On January 12, 1989, the Park and Recreation Commission made a motion to request the City Council to take no action on the Gobernatz Addition until it goes through proper channels, such as Planning and Zoning Commission and Park and Recreation Commission. Staff has observed that, according to City Code 170.0317 "Division or Consolidation of Unplatted Lots (Minor Subdivision)", there is no specific step in the minor subdivision process which requires review by the Park and Recreation Commission and the Planning and Zoning Commission, but rather, according to Sub. 5 "Council action": "Following the inspection of the lot