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HomeMy WebLinkAbout5.D.2. Amendment to City Code Section 12.34 Regarding Park Dedication-Ord. No. 749 s: O. 2 ~ CITY OF SHAKO PEE MEMORANDUM CASELOG NO: 06006 CONSfr~T TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director Mark Themig, Parks, Recreation, and Facilities Director SUBJECT: Amendment to City Code Section 12.34 Regarding Park Dedication MEETING DATE: March 6,2006 INTRODUCTION: This agenda item proposes a text amendment to City Code Section 12.34 (Parks and Dedication) wherein utility easements would no longer be eligible for park dedication credit. A copy of Planning Commission memorandum accompanies this report for the Council's information. ALTERNATIVES: 1. Offer and approve Ordinance No. 749, amending City Code Sec. 12.34 regarding park dedication as presented. 2. Offer and approve Ordinance No. 749, amending City Code Sec. 12.34 regarding park dedication with revisions. 3. Do not approve the proposed text amendment. 4. Table the item for additional information. PLANNING COMMISSION RECOMMENDATION: By a unanimous vote at its February 9,2006 meeting, the Planning Commission recommended approval. ACTION REQUESTED: Offer and approve Ordinance No. 749, amending City Code Sec. 12.34 regarding park dedication as presented. . ' , ORDINANCE NO. 749, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE SECTION 12.34 REGARDING PARK DEDICATION THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Section 12.34, PARKS AND DEDICATION, Subd. 2, Standards for Accepting Dedication of Land for Public Purposes, is hereby amended by adding the language, which is underlined, and deleting the language that is stmek through. S. Wetland, ponding areas, drainageways, and utility easements accepted by the City shall not be considered in the park land and/or cash contribution to the City. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 2006. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , CITY OF SHAKOPEE MEMORANDUM CASELOG NO: 06006 TO: Shakopee Planning Commission FROM: Mark Themig, Parks, Recreation, and Facilities Director SUBJECT: Amendment to City Code Section 12.34 Regarding Park Dedication MEETING DATE: January 5, 2006 INTRODUCTION This agenda item proposes a text amendment to City Code Section 12.34 (Parks and Dedication) where utility easements would no longer be eligible for park dedication credit. DISCUSSION The Parks and Recreation Advisory Board reviewed a proposed text amendment that would remove utility easements from park dedication credit. Removing utility easements would be consistent with other types of land uses that do not qualify for park dedication credit, including wetland, drainageways, and ponding areas. These uses are excluded because it does not meet one of the fundamental requirements of the ordinance regarding suitability for intended use: Land to be dedicated shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of the proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. Utility easements normally have restrictions on how they can be utilized. In some cases, there are no improvements allowed within the easement area, and if improvements are allowed, they typically restrict any permanent structures or extensive vegetation. In addition, the city would normally be responsible for any restoration for improvements should the utility need to be serviced. Although ponds, wetlands, drainageways, and even utility easements can at times compliment park land, the issue that we run into is that many times developers want to include utility easements as part of park dedication because the developer actually benefits by providing this "undevelopable" land to the City as park land, and gets credit for the dedication. The Advisory Board considered two text amendment options (see attached memo), but opted for the more specific language excluding utility easements. Commissioner Madigan attended the meeting, and the Advisory Board was very appreciative of having a Planning Commission member share their opinion. RECOMMENDED TEXT AMENDMENT The Parks and Recreation Advisory Board recommends to the Planning Commission and City Council that the following text of Chapter 12.34, Subdivision 2, Section R. be amended to read as follows: Wetland, ponding areas, drainageways, and utilitv easements accepted by the City shall not be considered in the park land and/or cash contribution to the City. ALTERNATIVES: 1. Recommend to the City Council the approval of the proposed text amendments as presented. 2. Recommend to the City Council the approval of the proposed text amendments with revisions. 3. Recommend denial of the proposed text amendments. 4. Continue the public hearing or table the item for additional information. ACTION REQUESTED: Offer and approve a motion recommending to the City Council the approval of the proposed text amendments as presented. CITY OF SHAKOPEE MEMORANDUM CASELOG NO: 06006 TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director Mark Themig, Parks, Recreation, and Facilities Director SUBJECT: Amendment to City Code Section 12.34 Regarding Park Dedication MEETING DATE: March 6, 2006 INTRODUCTION: This agenda item proposes a text amendment to City Code Section 12.34 (Parks and Dedication) wherein utility easements would no longer be eligible for park dedication credit. A copy of Planning Commission memorandum accompanies this report for the Council's information. ALTERNATIVES: 1. Offer and approve Ordinance No. 749, amending City Code Sec. 12.34 regarding park dedication as presented. 2. Offer and approve Ordinance No. 749, amending City Code Sec. 12.34 regarding park dedication with revisions. 3. Do not approve the proposed text amendment. 4. Table the item for additional information. PLANNING COMMISSION RECOMMENDATION: By a unanimous vote at its February 9,2006 meeting, the Planning Commission recommended approval. ACTION REQUESTED: Offer and approve Ordinance No. 749, amending City Code Sec. 12.34 regarding park dedication as presented. ORDINANCE NO. 749, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE SECTION 12.34 REGARDING PARK DEDICATION THE CITY COUNCIL OF THE CITY OF SHAKO PEE, MINNESOTA, ORDAINS: Section 1 - That City Code Section 12.34, PARKS AND DEDICATION, Subd. 2, Standards for Accepting Dedication of Land for Public Purposes, is hereby amended by adding the language, which is underlined, and deleting the language that is ~ through. S. Wetland, ponding areas, drainageways, and utility easements accepted by the City shall not be considered in the park land and/or cash contribution to the City, Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 2006. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,