1. Plat Application. For purposes of this section the term a Plat Application shall mean any presentation or filing with the City for residential development purposes of any subdivision of land over which the City has subdivision review including subdivisions within the City limits and the City's extraterritorial jurisdiction. The term City's Plan shall mean the Comprehensive Plan or Parks Master Plan, whichever is the most current official document.
(Ord. 983 - Jun. 21 Supp.)
2. Definitions. For purposes of this section, the following terms used herein are defined as follows:
A. "Conservation Subdivision:" A subdivision designed with the same overall land use densities but using smaller lots and combined with land reserved for open space per Section 170.16 of the Subdivision Regulations resulting in additional green space preservation.
B. "Greenway Easement:" An easement for greenway which may include trees, drainage ways, and other nature features where such greenways are identified in the Comprehensive Plan or Parks Master Plan, whichever is most current and approved by City Council.
C. "Trail Easement:" An easement for bicycle, pedestrian, or other recreational trail where such trails are identified in the Comprehensive Plan or Parks Master Plan, whichever is most current and approved by City Council.
3. Voluntary Park Land Dedication. All persons making a Plat Application may voluntarily dedicate to the City, within the land covered by the Plat Application, land for park and recreational purposes subject to City approval. For purposes of this section the water area of ponds, streams, retention basins, detention basins and other bodies of water shall not be included in any area dedicated for parkland except that dry detention areas or areas which may be subject to flooding but are normally dry may be considered for voluntary park land dedication.
A. If land dedication under this section requires an amendment to the Comprehensive Plan, the need for such an amendment will be reported to the Parks Commission which shall make a recommendation to the Planning and Zoning Commission and City Council on the Plat Application.
B. The voluntary land dedication under this section may also be done when the person making the Plat Application provides public access by easement to recreational facilities, play grounds, unobstructed open spaces, ball fields, soccer fields, tennis courts, basketball courts, volleyball courts, picnic shelters, recreational trails and other similar non-duplicated recreational facilities which have been (or will be) constructed and maintained by the Applicant and are not shown on the City's Plan.
4. Trail Easement and Green Space Conservation Requirements.
A. Trail Easement. A minimum twenty foot (20') wide easement for recreational trail shall be provided where a trail is identified in the Comprehensive Plan or Parks Master Plan. Trail easements must be continuous and provide for connection to adjacent properties.
B. Greenway Easement. A greenway easement shall be provided where greenways are identified in the Comprehensive Plan or Parks Master Plan in no case less than forty feet (40') in width except where greenways abut adjacent properties in which case forty foot (40') easement at minimum is required for each property. Greenway easements must be continuous except for streets or right-of-way, provide for connection to adjacent properties, and contain tree and green space protection measures.
C. Conservation Subdivision - Planned Unit Development. Where a proposed subdivision is adjacent to Big Rock Park (displayed as the lined area on Exhibit A, on file at City Hall), then a conservation subdivision shall be required pursuant to Section 170.16 of this chapter. In addition, a Planned Unit Development (PUD) shall be required pursuant to Section 165.14 of the Zoning Regulations. As part of this PUD protection of existing trees and open space through the conservation subdivision, common areas and through buffer conservation easements along the perimeter of Big Rock Park shall be required.
5. Dedication of Park Land Minimum. Where park land is to be voluntarily dedicated, it shall in no case be less than 1 acre in size.
6. City Review of Park Land or Green Space Dedication. The City does not under this section have to accept land for dedication or green space. In any event, the Parks Commission shall review and make recommendation to the Planning and Zoning Commission and City Council. In no case shall the City be permitted to accept any money, fee or financial contribution but rather only land and/or easements as herein specified.
7. Exceptions. This section shall not apply to any Plat Application in the following instances:
A. The Plat contains three or fewer single family residential units. A person making or filing a Plat Application shall not divide land into separate plats in order to seek a waiver under this provision. Where a Plat Application is made for multiple contiguous tracts within any two years the City may treat all the Plat Applications as one for purposes of this section.
B. The Plat area is zoned either A1 Agricultural or RR Rural Residential and all of the lots in the subdivision would be at least 1 acre in size.
8. Appeal Procedure.
A. Any person making or filing a Plat Application or any person, entity, or developer affected by any decision made by any department acting under this section, may appeal to the City Council by filing notice of appeal with the City Clerk. Such appeal shall be taken within ten (10) days from the decision of the department acting under this section and shall set out in detail the reasons and grounds for the appeal. The City Clerk shall forthwith transmit to the City Council all papers constituting the record upon which the action appeal is taken. An appeal stays all proceedings in furtherance of the appeal.
B. Public Hearings: The City Council shall upon the filing of an appeal fix a reasonable time for a hearing, giving public notice thereof as well as due notice to the parties in interest. All interested persons may offer oral or written testimony at the public hearing on the appeal. A vote of four (4) members of the City Council may affirm, modify, or reverse any decision of any department acting under this section.
C. Parks Commission Review: Prior to the public hearing on appeal before the City Council, the Parks Commission shall review the decision of any department acting under this section and shall make a recommendation to the Planning and Zoning Commission and City Council for consideration at the public hearing.
D. Planning and Zoning Commission Review: Prior to the public hearing on appeal before the City Council, the Planning and Zoning Commission shall review the decision of any department acting under this section and shall make a recommendation to the City Council for consideration at the public hearing.
E. Appeal To The District Court: Any person, entity, or developer aggrieved by any appeal decision of the City Council may within thirty (30) days from the date of the City Council rendering a decision, appeal there from to the District Court of Marion County, Iowa, in accordance with the Rules of Civil Procedure, Division XIV, entitled "Certiorari."
This section shall take effect when approved and published as provided by law. Any Plat Application accepted into the City development review process, and the land which is the subject of the review, submitted prior to the effective date of the ordinance codified by this section shall be exempt from the requirements of this section.
9. Effective Date. This section shall become effective July 1, 2009. Any subdivision plats submitted on this date or afterward shall comply fully with the requirements herein.
(Sec. 170.21 - Ord. 792 - Sep. 09 Supp.)