07-09-1980 Council Agenda - Laserfiche WebLink

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Mr. Clayton Parks June 12, 1980 Page 4 The conversion of apartment units to condominium units is not a subdivision of land but merely a change in the form of ownership. The change in the form of ownership of the units at Fleur Royale does not add new burdens to the City's facilities. The number of dwelling units at Fleur Royale is the same now that it is a condominium as it was before the conversion. The number of people living in Little Canada has not changed as a result of the conversion of Fleur Royale Apartments to condo- miniums. Consequently, the need for parks, playgrounds, public open spaces or storm water holding pond areas has not changed simply because the form of ownership of Fleur Royale has changed. The imposition of such a land dedication requirement, or cash in lieu thereof, may have made sense at the time the original building plans were submitted to the City for its approval prior to construction. At that time, the City could reasonably maintain that the creation of new dwelling units in Little Canada would increase the population and thus increase the need for parks, open spaces, etc. The section of Ordinance No. 161 which is entitled "Park Charges for Individual Dwellings" starts out with a recognition that additional residential dwellings to be constructed create a need for public parks. Paragraph 4 of that section then imposes a park charge on only one type of existing dwelling units, condominiums which were formerly rental dwellings. No such park charge is imposed upon existing single family dwellings nor upon existing rental apartment units. Why? This discrimination raises serious questions regarding the constitutional validity of Ordinance No. 161. We are aware that Ordinance No. 161 has, in effect, been replaced by Ordinance No. 164 Subdivision Ordinance, which became effective subsequent to its adoption on March 26, 1980. Ordinance No. 164 does not appear to permit the City to impose a park charge on existing dwelling units, even rental units converted to ownership units.