(a) Sites for streets, utilities, parks, playgrounds, schools or other public uses if shown on, or contained in, a Thoroughfare Plan, Master Utility Plan, Local Street Plan, Parks and Recreation Plan, Comprehensive Plan or other master plan adopted by Council and/or the Planning Commission, and located in whole or in part in any project subject to the Land Planning and Development Regulations, shall be incorporated in such project's development plan and reserved for such purpose.
(b) Large scale developments may require the reservation or dedication of additional areas or sites of a character, extent and location suitable for needs for extra community facilities created by such particular developments.
(c) The Commission may request by resolution, a developer set aside, reserve or offer for sale, land for streets, parks, playgrounds or other public uses shown upon a duly approved Thoroughfare, Park and Recreation or Comprehensive Plan for a period of 180 days after the application for approval of a Preliminary Plan, or for a longer period as may be required by the Commission in order to allow the Municipality time to acquire such land. During such period no structure shall be erected, no trees or topsoil shall be removed or destroyed, no grading shall be done, nor shall any land so reserved be put to any use whatsoever except on written approval of the Commission.
(d) Plans and other submittal documentation for parks and other lands for recreation that are to be dedicated to public use shall be review by, and subject to the approval of, the Municipal Parks and Recreation Board. The Board shall make such recommendations for action, to the Approving Authority, as the Board deems necessary and appropriate.
(e) The Council of the City of Chardon shall review the final plan for approval of a municipal structure or project or the use of municipal land. The Council, in its sole discretion as the legislative body of the City, may approve a plan that does not comply with the requirements of this Planning and Zoning Code for the district in which the structure or project is located. If a plan presented to the Council does not comply with the requirements of this Planning and Zoning Code, the Council, before taking action on the plan, shall do the following:
(1) Schedule a public hearing and send notices to all property owners within 200 feet of the proposed municipal use or project. The procedure for a public hearing and notices thereof shall comply with the requirements of Section 1111.07.
(2) The Council may consider comments made at the public hearing and letters received by the Clerk of Council at or prior to the hearing. The Council will address the concerns of the property owners and residents and comments of the municipal Planning Commission, if any.
(3) The Council may consider whether revision or amendment of the plan is in the best interest and health, safety and welfare of all the residents of the City of Chardon. The factors that the Council may consider include, but are not limited to, increased costs of the project, suitability of the site or plan for the intended municipal purpose, environmental impact and significant reduction in the values of adjacent and neighboring property.
(4) After consideration of the foregoing, the Council will make a good faith effort to comply with the requirements of the Planning and Zoning Code and balance the burden of non compliance upon the abutting and nearby property owners and the best interests and the health, safety and welfare of all the residents of the City of Chardon, which determination shall be within the sole discretion of the Council as the legislative body of the municipality.
(Ord. 3273. Passed 5-9-24.)