(A) The provisions of this section shall apply for a subdivision or resubdivision (where the resubdivision causes an increased demand on parks) of lands that are:
(1) Classified pursuant to this code as being located in a residential zoning district;
(2) Classified as being in a nonresidential district at the time of the application, but are intended to be developed following their subdivision in a manner requiring their designation as a residential zoning district;
(3) Used for high density housing units that are permitted by other means such as conditional use permits; or
(4) Zoned or platted for housing developments consisting of three or more units.
(B) Upon consideration of the particular type of development proposed in the subdivision, and especially in large scale neighborhood unit developments, the city may require the dedication or reservation of areas of sites suitable to the needs created by the development for schools, parks, trails and other neighborhood purposes as may be described as future goals within the comprehensive plan.
(C) Reservation of future park land.
(1) At the discretion of the City Council, upon recommendation of the Planning and Zoning Commission, a subdivider may dedicate more land than would be required by the formulas established by this chapter and receive a written credit against future park land dedication requirements.
(2) The credit shall attach to the relieved land and remain with the relieved land, regardless of change in ownership thereof.
(D) Subdivision changes. In the event a subdivider deviates from the approved preliminary plat in a final plat, or replats property already platted, or where the use of property is changed from a nonresidential use to a residential use, the owner or subdivider shall be obligated to provide additional land or fee to compensate for the increased demand on the park system.
(E) Final platting of a portion of an approved preliminary plat.
(1) Whenever a subdivider applies for approval of a final plat which contains only a portion of the land encompassed in the approved preliminary plat, the subdivider shall be responsible for making a dedication of park land or financial contribution as required, which is proportional to the area of the final plat.
(2) The conditions of the allowances shall be in the form and manner prescribed and approved by the county.
(F) Multi-plat developments.
(1) At the sole discretion of the Council, the city may enter into an agreement with the applicant for a development containing multiple plats concerning the timing and sequence of park land dedication.
(2) Notwithstanding any provision in this chapter to the contrary, the multiple plat agreement shall determine the time when the required park land dedication for multiple plat developments shall occur.
(Ord. 879, passed 10-28-2020)