Agenda - Council - 01/24/1989 - Laserfiche WebLink

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CASE # 5 DISCUSS PARK DEDICATION By: Mark Banwart, 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 car, dedicate and use only for the acquisition of parklands, playgrounds, trails, and/or open space, as well as provide a means for the Cily 1o 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 transler of ownership or building development. The term includes resubdivision and, when appropriate to the conlext, shall relate to the process of subdividing or to the land subdivided. This definition has led to some question as to the intent o~ 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 myself to ga;her and make some recommenda',ion in a form of draft park dedication ordinances. Enclosed are Ordinances #88-4 and #85-15 regarding Park and Open Space Dedication. 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 untii it goes through proper channels, such as Planning and Zoning Commission and Park and Recreation Commission. Staff has observed that, accordin~c to City Code i70.0317 "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, accordi.qg to Sub. 5 "Counci! action": "Foltowin9 the inspection of the lot or lots to be divided or consolidated, the City Staff shall cause the application to be placed ucon the agenda of the City Council for the ¢ * ~. .... ~ n~x, regular meetino "It should be noted, however, that oenerally most minor subdivisions do go through the Park and Recreation Commission and Planning and Zoning Commission. 8/