§ 151.339 CONCEPT PLAN SUBMISSION.

   (A)   Submission requirements. An application for a concept development plan shall follow the submission requirements for a quasi-judicial review under § 151.233, and shall include all of the following:

      (1)   A statement of planning objectives to be achieved by the master planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

      (2)   A development schedule indicating the approximate dates when construction of the project and its various phases, if any, including public facilities, are expected to be initiated and completed;

      (3)   A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development;

      (4)   Narrative report or letter documenting compliance with the applicable approval criteria contained in § 151.340;

      (5)   Maintenance plan for any common areas or lands not dedicated to a public agency or owned in fee simple; and

      (6)   Additional reports or studies prepared by qualified professionals, as required by the City Planning Official, to determine potential project impacts and mitigation, if any, related to: transportation; public facilities; geologic or other hazards; architecture; noise, light, solar access, air quality, or similar concerns; and natural features.

      (7)   Assurances, including assurances of proposed public benefits under § 151.338(B)(7).

   (B)   Additional information. In addition to the written information described in division (A) above, the concept plan application shall include all of the following plans, exhibits and information:

      (1)   Existing conditions map, consistent with § 151.253;

      (2)   Conceptual site plan, including general land use plan, building envelopes, circulation plan, open space network, general utility connections and alignments, and other information necessary to convey the concept plan;

      (3)   Grading concept;

      (4)   Landscape concept, including plan for retention of existing vegetation and general planting areas;

      (5)   Architectural concept, including plans illustrating intended architectural styles, building heights, massing, and general materials;

      (6)   Sign concept plan, including locations, general size, style and materials of signs, such as entry monument and wayfinding signs, as applicable; and

      (7)   Copy of all existing covenants and restrictions, and general description of proposed restrictions or covenants (e.g., for common areas, private drives, if any, parking, and the like).

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.340 CONCEPT PLAN APPROVAL CRITERIA.

   The Planning Commission, in approving or approving with conditions a concept plan, shall make findings that all of the following criteria are met. The Planning Commission must deny an application where not all of the criteria are met.

   (A)   Comprehensive Plan. The proposal conforms to the Comprehensive Plan;

   (B)   Land division chapter. Except as may be modified under § 151.338, all of the requirements for land divisions under Chapter 152, are met;

   (C)   Zones and regulations and community design standards. Except as may be modified under § 151.338, all of the requirements of §§ 151.020 et seq. and §§ 151.110 et seq. are met;

   (D)   Public facilities. The proposal shall demonstrate adequate public facility capacity to serve the proposed development including sewer, water, and the transportation system, except as may be modified under § 151.338;

   (E)   Open space. Master plans shall contain a minimum of 20% open space, which may be public, private, or a combination of public and private open space. Modifications in the amount of open space provided may be approved with the provision of public benefit per § 151.338(C). Such open space shall be integral to the master plan and connect to a majority of the proposed residential lots. Plans shall provide space for both active and passive recreational uses, and may include but are not limited to: neighborhood parks, pathways/trails, natural areas, plazas, and play fields. Open space areas shall be shown on the final plan and recorded with the final plat or separate instrument; and the open space shall be conveyed in accordance with one of the following methods:

      (1)   By dedication to the city as publicly owned and maintained open space. Open space proposed for dedication to the city must be acceptable to the Planning Commission with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide an environmental assessment), and approved by City Council based on budgetary, maintenance, and liability considerations; or

      (2)   By leasing or conveying title (including beneficial ownership) to a corporation, homeowners' association, or other legal entity. The terms of such lease or other instrument of conveyance must include provisions for maintenance and property tax payment acceptable to the city. The city, through conditions of approval, may also require public access be provided, where the open space is deemed necessary, based on impacts of the development, to meet public recreational needs pursuant to the Comprehensive Plan.

   (F)   Modifications to standards. Modifications to Code standards must conform to the criteria in § 151.338.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.341 CONCEPT PLAN AND EXPIRATION.

   (A)   Upon approval of a Concept Plan, the approved plan, including any conditions of approval, shall be binding on future uses and development of the property, except where an approval expires.

   (B)   Expiration. Except as provided by division (C), below, a concept plan shall become void 3 years after the date of approval if the applicant, or successor, has not filed with the city an application for detailed development plan and final plat approval in conformance with §§ 151.342 and 151.343.

   (C)   Extension. The city may grant extensions of the concept plan approval period, not to exceed 1 year per extension, provided that the extension request is made before expiration of the master planned development approval, the applicant can show intent of applying for detailed development plan review within the 1-year extension period, and there have been no substantive changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.342 DETAILED DEVELOPMENT PLAN SUBMISSION.

   Detailed development plan submittal requirements are determined based on the conditions of approval for the Concept Plan. At a minimum, the detailed development plan submittal shall meet the minimum requirements for final plat submission under § 152.009, and shall contain information demonstrating compliance with the Concept Plan. The detailed development plan and preliminary subdivision plan, if proposed, shall be reviewed using the Type III procedure in § 151.232 to ensure substantial conformance to the approved Concept Plan. Where the proposal is for a multifamily development. Site design review is required, pursuant to §§ 151.250 through 151.256; Site Design Reviews for multifamily development on detailed development plans shall be processed through the Type II procedure.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.343 DETAILED DEVELOPMENT PLAN APPROVAL CRITERIA.

   Approval of the detailed development plan shall be based upon a finding that the final plan substantially conforms to the Concept Plan, including any Concept Plan conditions of approval. Minor changes to the approved Concept Plan may be approved with the detailed plan where the Planning Commission finds that the modification is necessary to correct an error, or to address changes in circumstances beyond the applicant's control that have occurred since the date of project approval. Other changes must be reviewed as modifications under §§ 151.285 through 151.288.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.344 SUBSEQUENT DEVELOPMENT REVIEWS.

   Notwithstanding the provisions of § 151.252, where the city has previously approved a development project in concept as part of a master planned development approval, as determined by the City Planning Official, subsequent land use applications for the same project may be processed through a Type I review.

(Ord. 2021-08-02, passed 10-12-2021)

NONCONFORMING SITUATIONS