Notwithstanding the requirement of Section 1103.11, the City Planning Commission shall have authority, after public notice and hearing as provided in Section 1103.14, to determine that it would not be adverse to the interests of public safety, health and welfare to provide proper open spaces for circulation of light and air and the avoidance of future congestion of population detrimental to the public safety, health and welfare, to approve a subdivision plan wherein less than the minimum area required by Section 1103.11 is dedicated or deeded to the City for public park or recreational uses when it is further determined by the Commission, after such public notice and hearing, that it would be unreasonable to require the minimum area as set forth in Section 1103.11 to be so dedicated or deeded and that practical difficulties or unnecessary hardship would result from such requirement. In making such determination, the Commission shall consider such factors as the following:
(a) The aggregate area of the subdivision after deducting the area to be dedicated or deeded for public street, sidewalk or utility purposes;
(b) The topography of the subdivision;
(c) The major physical characteristics of the land within the area of the subdivision;
(d) The aggregate area of the subdivision, after deducting the area to be dedicated or deeded for public street, sidewalk or utility purposes, which can reasonably be developed for uses authorized under the Zoning Code;
(e) The uses which may be made of the proposed subdivision under the Zoning Code and the density of population which reasonably would result from such permitted uses;
(f) The proximity of existing public park or recreational areas with consideration given to whether or not such existing public park or recreational areas would reasonably satisfy the need for public park and recreational areas within the proposed subdivision;
(g) Proposed deed restrictions and setback lines;
(h) Other exceptional conditions as in the judgment of the Commission are relative to a reasonable determination of the area of land to be dedicated to the City for public park and recreational uses; and
(i) Whether or not the refusal to approve a subdivision plan with less than the minimum area required by Section 1103.11 to be dedicated or deeded to the City for public park or recreational uses would deprive the owner of the subdivision of substantial property rights.
(Ord. 59-66. Passed 3-7-66.)