(A) Prior to any preliminary plat or preliminary planned development approval (or such later time as the City Council may, in its discretion, allow), a public body or public service provider may make a request in writing to the City Council to allow for a donation of land in lieu of development impact fees related to any development. Such a request shall specifically itemize the public body’s or public service provider’s reasons for requesting land in lieu of development impact fees.
(B) (1) Upon receipt of a request from a public body or public service provider for land in lieu of development impact fees, the City Council shall consider and perform an analysis of such request, and make a determination thereon by resolution duly adopted.
(2) The resolution shall be based upon a review of the needs assessment on file with the City Clerk for the public body or public service provider making the request, as well as the following factors:
(a) Other developments occurring in the prior year within the surrounding area of the development;
(b) Public facilities actually constructed and servicing the surrounding area of the development;
(c) Changing public facility needs and capacity at existing public facilities servicing the surrounding area of the development; and
(d) Such other factors as the City Council may deem to be relevant.
(C) Requests of land in lieu of development impact fees shall be made specifically for the construction of public facilities or expansion of public facilities on adjacent parcels.
(Ord. 06-42, passed 7-20-2006; Ord. 2009-28, passed 9-21-2009)