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HomeMy WebLinkAbout7.D.7. Park Dedication Ordinance Text Amendment-Ord. No. 768 ~.D. 1., CITY OF SHAKOPEE MEMORANDUM CONSEr~T To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Parks, Recreation and Facilities Director Meeting Date: August 15, 2006 Subject: Park Dedication Ordinance Text Amendment INTRODUCTION This agenda item involves a recommendation from the Parks and Recreation Advisory Board and Planning Commission to amend Section 12.34 of the City's code relating to park dedication. DISCUSSION The proposed text amendments bring the City's park dedication ordinance into compliance with revisions in state statute as described in.the attached staff report to the Parks and Recreation Advisory Board. Specifically, the text amendments: . Clarify that the City will provide "due consideration" for private amenities. . Define "buildable land" for commercial/industrial. . Clarify that park dedication revenue may be used for improvements and redevelopment of existing parks. The proposed text amendment was reviewed at the July 24 Parks and Recreation Advisory Board meeting and the August 10 Planning Commission, and both recommended approval. REQUESTED ACTION City Council is asked to offer Ordinance No. 768, An Ordinance of the city of Shakopee, Minnesota, Amending Chapter 12, Section 12.34, Parks and Dedication and move its adoption. ORDINANCE NO. 768, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 12, SEC. 12.34, PARKS AND DEDICATIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - SEC. 12.34. PARKS AND DEDICATIONS, Subdivision 2, Paragraph Gis amended to read as follows: G. "\Vhen private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of tho City Council, against the requirements of dedication for park purposes, provided the City Council finds it is in the public interest to do so. rn establishing the amount of land to be dedicated or preserved or the amount of the cash contribution. the city will give due consideration to the open space. recreational. or common areas and facilities proposed by the applicant to be open to the public. Section 2 - SEC. 12.34. PARKS AND DEDICATIONS, Subdivision 2, Paragraph J is amended to read as follows: J. In plats other than residential, the City hereby finds that, as a general rule, it requires that an amount ofland equal to 10% of the undeveloped buildable land proposed to be subdivided be dedicated or reserved to the public for public use for parks, playgrounds, trails, wetlands or open space. "Buildable land" is determined by calculating the gross acreage of all land in the proposed subdivision in its pre-subdivided condition excluding wetlands as defined in Section 11.02 of the City Code. Should the land to be dedicated have greater fair market value than the average fair market value in the plat, the City shall only be authorized to require dedication of an amount of land equal to 10% of the fair market value of all the property being platted. Section 3 - SEC. 12.34. PARKS AND DEDICATIONS, Subdivision 2, Paragraph Pis amended to read as follows: P. The cash contributions for parks and trails shall be deposited in either the City's park development fund or multi-purpose pedestrian fund and shall be used only for acquisition. improvement. development. or redevelopment. of parks and trails. park acquisition, or development and trail acquisition and development. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shako pee, Minnesota, held this _ day of_, 2006 Mayor of the City of Shako pee ATTEST: City Clerk CITY OF SHAKOPEE MEMORANDUM To: Parks and Recreation Advisory Board From: Mark Themig, Parks, Recreation, and Facilities Director Meeting Date: July 24, 2006 Subject: Park Dedication Text Amendment INTRODUCTION This agenda.item seeks feedback and a recommendation from the Advisory Board regarding a proposed amendment to the City's park dedication ordinance that would bring it into compliance with new state statute. BACKGROUND AND DISCUSSION The Builder's Association of the Twin Cities (BA TC) sponsored legislation this year that would have substantially changed cities' ability to require park dedication. Fortunately, as a result of work by the Minnesota Recreation and Park Association and the League of Minnesota Cities and testimony at the Legislature by Bob Lambert, Eden Prairie Parks and Recreation Director, the majority of BA TC's requested changes were modified or eliminated from the legislation. The final version of the legislation enacted four main changes: 1. Park dedication must be calculated based on "buildable land". 2. Park dedication requirements must be enacted by ordinance. 3. Park dedication funds must only be used for "acquisition and development or improvement of parks". 4. Cities must give "due consideration" to open space or park facilities that a developer proposes to provide for the residents of the subdivision (private pools, playgrounds, etc.) Overall, it appears that Shakopee conforms to most of these items. For example, we calculate our park dedication for residential subdivisions based on the number of units, so we are only using "buildable land". Shakopee has also given "due consideration" to private amenities in the past. The Dean Lakes development is a good example where the developer was provided credit for providing significant conservation easements and trails that are open to the general public (although we did not provide credit toward their private amenities). Three clarifications that Jim Thomson, City Attorney, and I have identified are: . Our ordinance references credit for private amenities, but may not be specific enough. Mr. Thomson has prepared the attached text amendment that we believe would meet the intent ofthe legislation change. . Our ordinance does not define "buildable land" for commerciallindustrial development. Mr. Thomson has prepared the attached text amendment that we beli<?ve would meet th<? statute. With this text amendment, "buildable land" would be defined as the gross acreage prior to development minus wetlands. This would be consistent with the definitions of buildable land found elsewhere in the ordinance. . Finally, we are adding in language that specifies that park dedication revenue may be used forimprovementslredevelopment of existing parks. REQUESTED ACTION The Advisory Board is asked to review the proposed text amendments. If you concur, the amendments are forwarded to the Planning Commission where they are reviewed in a public hearing, and if recommended for approval, forwarded to City Council for consideration and adoption.