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(A) Procedure. The procedure for determining whether land is to be dedicated or park infrastructure improvements is to be constructed, or a combination thereof, to satisfy the requirements of this chapter shall be as follows.
(1) Development proposal. Prior to filing a preliminary plat or site plan for a proposed residential development, the developer shall request the Department of Community Development to schedule a pre-application conference for the purpose of discussing whether a land dedication should be proposed to satisfy the requirements of this chapter, or park infrastructure constructed or installed in lieu of a land dedication, in addition to discussion of other requirements and procedures pertaining to development of the property.
(2) Parks and Recreation Commission. When a preliminary plat or site plan is received for study, a copy of said development proposal shall be forwarded to the Parks and Recreation Commission, together with a request for said Commission to review same and make recommendations and suggestions to the City Council with regard to the placement, size, design and location of a land dedication or the construction of park infrastructure, or a combination thereof, to satisfy the requirements of this chapter. The Parks and Recreation Commission shall be allowed not less than 30 days to make said recommendations and forward same to the City Council with a copy to the Planning and Zoning Commission. Failure of the Parks and Recreation Commission to make recommendations and suggestions within the aforementioned 30 days shall in no way serve to delay, postpone or reject the plat or site plan, nor to waive the requirements of this chapter. However, the City Council may choose to act upon the plat or site plan after said 30 days without having received the Commission’s recommendations and suggestions, and the Commission’s opportunity to recommend and comment shall thereby be extinguished.
(B) City Council.
(1) At the time the preliminary plat or site plan is considered by the City Council, said Council shall determine whether to require a dedication of land within the subdivision or development, construction of park infrastructure in lieu of a land dedication, or a combination thereof.
(2) The City Council shall have the sole authority to determine how the requirements of this chapter are to be satisfied, and the nature, location and amount of land or infrastructure that is to be dedicated under the terms of this chapter.
(1) In determining whether the requirements of this chapter are to be satisfied by a land dedication, construction of park infrastructure, or a combination thereof, the Parks and Recreation Commission and Council shall consider the following:
(a) The Comprehensive Plan and the Parks and Recreation Plan, and how the proposed development may relate to any public parks and open spaces proposed by such plans, compatible with the Comprehensive Plan;
(b) The anticipated character and recreational needs of the new households that may reasonably be expected to occupy the proposed development;
(c) The suitability, location and configuration of the proposed land dedication for park and open space purposes, and whether it will meet the needs of the initial residents of the proposed development, by reason of topographic and geological conditions, natural vegetation, location, access, and size and shape;
(d) Whether additional, contiguous land may be dedicated or otherwise acquired at some future date to provide a larger public neighborhood park or open space that could better satisfy the needs of the new developments; and
(e) Other relevant information.
(2) The City Council’s determination of whether the developer shall dedicate land or construct and dedicate park infrastructure, or a combination thereof, shall be conclusive and final.