7.b 1 Memo on Ordinance 194 Amending the Park Dedication Requirements
Memorandum
To: Scandia City Council Reference: Park Dedication Requirements—
Ordinance Amendment
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Project No.: 16623.000
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: March 12, 2018
The City Council requested that some changes be considered to the park dedication
requirements included in Chapter 3 (Subdivision Ordinance) of the Development Code. The
Planning Discussion held a public hearing on the proposed amendment to the Code on March
6. The Commission received no written or verbal comments on the proposed amendment.
The proposed amendment includes two changes to the Code:
Lots created that are 20 acres or larger in size with at least 500 feet of road frontage
should be required to comply with the park dedication requirements. The current
Subdivision Ordinance specifically exempts such parcels from the typical subdivision
process and requirements. The Commission recommended that since such parcels do
create potential demand for park, trail, and open space facilities in Scandia, and
therefore meet the “essential nexus” between park dedication and the municipal purpose
for the fees required by Minnesota Statutes, the park dedication requirement should
apply to these new lots.
The Council requested that a phrase be removed from in the current ordinance that
states that “A developer may request a deviation from the presumptive requirements
based upon the anticipated impact of that particular subdivision. The request must be
made as part of the application for a final plat approval.” The Commission concurred
with the Council’s recommendation to remove these sentences from the Subdivision
Ordinance. The Commission noted that the ordinance would continue to specify that a
developer may request a deviation from the fees for a development that provides low
and moderate income housing
The proposed Code amendment is attached for Council consideration on March 20.