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In addition to the required application submittal forms available from the Community Development Department and specified supporting materials, the following shall also be required for all P-D District establishment requests and shall be approved by the Planning Commission as a part of the final develop-ment plan:
(A) A listing of the development standards proposed for the P-D District (e.g., setbacks, lot sizes, building heights);
(B) A phasing plan indicating the approximate date when construction of the first development phase of the P-D District is scheduled to begin and tentative completion dates for the remaining phases.
(C) A Stormwater Control Plan prepared by an engineer or equally qualified professional as determined by the City Engineer. The City Engineer may require that the storm water control plan be prepared by a licensed civil engineer. All architectural, civil engineering, and landscape site plans shall be consistent with the storm water control plan.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 1064-C-S, passed 12-13-05)
(A) A preliminary development plan must be prepared for all proposed P-D Districts containing residential components and Planning Commission approval of the preliminary development plan is necessary. P-D Districts containing only commercial and/or industrial uses are not required to undergo preliminary development plan review and may begin the review process at the final development plan stage. In considering the preliminary development plan at its public hearing the Commission shall determine whether or not the land uses suggested and their interrelationships are generally acceptable and may approve, modify or deny the proposal based on this review. In any case, approval of the preliminary development plan shall not constitute an endorsement of the proposal's precise location, extent of uses, configuration of parcels or engineering feasibility.
(B) Once a preliminary development plan for a residential P-D District has been approved by the Planning Commission, a final development plan may be submitted to the city. For P-D Districts that do not contain residential components, a final develop-ment plan may be submitted without a preliminary development plan. If subdivision within the district is necessary or if the plan will be implemented in phases then a tentative map is necessary and may be applied for at this time. Once the application has been deemed complete by staff a public hearing before the Planning Commission shall be scheduled. At this hearing the Commission will make a recommendation to the City Council based on a review of the environmental impacts of the plan, the appropriateness and interrelationship of the proposed uses, any effects on traffic circulation due to development of the plan, the quality of the suggested site plan design and other details of the proposed district. A favorable recommendation must include the findings listed in this chapter for a final development plan. In addition the Design Review Board must review all of the design features of a proposal (e.g., architecture, landscaping, signage) and any conditions of approval imposed by the Board shall be added to the recommendation to the Council. At its public hearing the Council may decide to approve or deny the final development plan or return the matter to the Planning Commission for further evaluation. If approved the property shall be rezoned as a P-D District and so indicated on the zoning map for the city.
(C) (1) A use permit shall be required prior to the construction of any phase of an approved P-D District. It is the intent of the use permit to further clarify the details of the development phase being considered and to ensure that each component complies with the established provisions of the district. The use permit is not intended to obtain further exactions of the developer but is to refine the final development plan and implement the conditions of approval attached to the final development plan. Use permit approval shall be required prior to final map recordation for all projects within a P-D District.
(2) A use permit may be granted by the Zoning Administrator or the Planning Commission, provided that the proposed development phase is in substantial conformance with any approved final development plan for that property and the conditions thereof. In approving a use permit for a phase of the P-D District the Zoning Administrator or the Planning Commission may add conditions of approval which are consistent with the intent and provisions of an approved P-D District and help to implement that district. For P-D Districts containing commercial and/or industrial components, a master use permit may be approved which will generally or specifically describe those tenants which may utilize those components.
(Ord. 897-C-S, passed 10-25-94)
The Planning Commission may recommend approval of a final development plan to the City Council, provided the Planning Commission finds that the facts submitted with the application and presented at the public hearing(s) establish beyond reasonable doubt that:
(A) Each individual unit of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability, and the uses proposed will not be detrimental to present and potential surrounding uses but instead will have a beneficial effect which could not be achieved under another zoning district;
(B) The streets and thoroughfares proposed meet the standards of the city's Growth Management Program and adequate utility service can be supplied to all phases of the development;
(C) Any commercial component is justified economically at the location(s) proposed;
(D) Any residential component will be in harmony with the character of the surrounding neighborhood and community and will result in densities no higher than that permitted by the General Plan;
(E) Any industrial component conforms to applicable desirable standards and will constitute an efficient, well-organized development with adequate provisions for railroad and/or truck access and necessary storage and will not adversely affect adjacent or surrounding development;
(F) Any deviation from the standard zoning requirements is warranted by the design and additional amenities incorporated in the final development plan which offer certain unusual redeeming features to compensate for any deviations that may be permitted;
(G) The area surrounding the P-D District can be planned and zoned in coordination and substantial compatibility with the proposed development; and
(H) The P-D District conforms with the General Plan of the city.
(Ord. 897-C-S, passed 10-25-94)
A final development plan shall expire two years after date of approval or at an alternate time specified as a condition of approval, unless there has been any activity in that P-D District (e.g., a use permit has been approved or building permit issued for any development phase of the P-D) or an extension has been granted. Preliminary development plans shall expire one year after date of approval unless application for final development plan approval is submitted.
(Ord. 897-C-S, passed 10-25-94)
A final development plan approval may be extended by the Planning Commission for a two-year period without notice or public hearings, if the findings required remain valid and application is made at least 30 days prior to expiration. The Planning Commission may modify the final develop-ment plan and/or add conditions of approval at this time based on this review.
(Ord. 897-C-S, passed 10-25-94)
(A) A request for modifications to the conditions of approval for a final development plan shall be treated as a new application, unless the Zoning Administrator finds that the changes proposed would be non-controversial, minor, do not involve substantial alterations or additions to the plan, and are consistent with the intent of the original approval.
(B) If an application for a final development plan is denied, no new application for the same, or substantially the same, final development plan shall be filed within one year of the date of last denial, unless the denial was made without prejudice.
(Ord. 897-C-S, passed 10-25-94)
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