(a) Purpose. The purpose of the preliminary development plan application process is to:
(1) Establish a basic development plan with respect to density, intensity, building layout and access;
(2) Ensure that development on multiple lots or over multiple phases works together;
(3) Ensure that new development within the Planned Development Overlay District comply with city code requirements or receive necessary approvals for flexibility;
(4) Ensure that sufficient information is provided by the applicant to determine the extent of compliance with city code requirements and the public benefit related to proposed city code flexibility; and
(5) Ensure that approved development not yet constructed is consistent with current city code requirements.
(b) Where required. Preliminary development plans must be reviewed and approved concurrently with any application to rezone land to the Planned Development Overlay District.
(c) Review and approval. New preliminary development plans and revisions to previously approved preliminary development plans must be reviewed by the Planning Commission and acted upon by the City Council, which has the authority to attach conditions of approval.
(d) Findings. The following findings must be made prior to the approval of new preliminary development plans or revisions to previously approved preliminary development plans:
(1) The proposed development is not in conflict with the Comprehensive Plan;
(2) The proposed development is not in conflict with any adopted district plan for the area;
(3) The proposed development is not in conflict with state law and all deviations from city code requirements are in the public interest and within the parameters allowed under the Planned Development Overlay Zoning District or have previously received variance approval;
(4) Each phase of the proposed development is of sufficient size, composition and arrangement that its construction, marketing and operation is feasible as a complete unit without dependence upon any subsequent unit;
(5) The proposed development will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the planned development; and
(6) The proposed development will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.
(e) Rescission. If a property owner has not obtained approval of an associated final development plan within three years after approval of the preliminary development plan, the City Council may, after required notice and public hearing, rescind the preliminary development plan and repeal the Planned Development Overlay Zoning District. This rescission standard applies to all preliminary development plans approved on or after December 1, 2009.
(f) Content. Preliminary development plan applications must include the following information, unless exempted by the Planning Manager:
(1) An application form that is signed by or otherwise authorized electronically or in writing by the property owner(s) or authorized representative of the parcel on which development is proposed. For planned developments, the application form must be signed by or otherwise authorized electronically or in writing by property owners or authorized representatives of parcels within the planned development that:
(A) Will be physically changed by proposed construction activity, unless the change is allowed under an existing easement or agreement; or
(B) Will lose an access point that the parcel uses.
(2) The required application fee as set forth in City Code Appendix A;
(3) Written documentation that includes:
(A) A complete description of the project;
(B) To the extent code deviations are requested, a flexibility request that identifies all proposed code deviations, the level of deviation and the reasons why the deviations are in the public interest;
(C) Site and building information, including lot sizes, building sizes and floor area ratios by lot and by site;
(D) Project phasing and construction scheduling;
(E) A description of the covenants or agreements that may influence the use and maintenance of the proposed development;
(F) Anticipated employment;
(G) Preliminary storm water management narrative describing the methods intended to be used to meet the requirements of city code Chapter 16 and the city comprehensive surface water management plan;
(H) Anticipated trip generation based on the most recent edition of the ITE Trip Generation Manual; and
(I) Anticipated peak hour and average day water demand and wastewater flow.
(4) Plans, in a number of sets and in a format specified by the Planning Manager, that include:
(A) A location map indicating property ownership surrounding the proposed development;
(B) Existing and proposed site features at a scale of one-to-50 or larger;
(C) Topography in two-foot contours;
(D) Boundary lines of the site and each lot within the site with dimensions;
(E) Adjacent properties and structures;
(F) Existing adjacent and on-site streets, rights-of-way and easements;
(G) Required and proposed rights-of-way (including planned widened rights-of-way) and easements adjacent to and on site;
(H) Existing and proposed sidewalks, walkways and bikeways;
(I) Locations of buildings and structures, structural dimensions; and setbacks from property lines or, if applicable, planned widened rights-of-way;
(J) Curbs, parking facilities, islands and driveways with dimensions;
(K) Water bodies including streams, lakes, ponds, marshes and wetlands;
(L) Site circulation plan;
(M) Construction phasing and staging;
(N) Wetland information, if applicable (see city code Chapter 16);
(O) Building plans, including:
(i) Elevation drawings of all proposed buildings and structures indicating height from the lowest proposed abutting ground elevation to the highest point on the structure; and
(ii) Building information, including:
(aa) Gross square footage by use type of all existing and proposed structures on site;
(bb) Dwelling unit sizes and bedroom mixes; and
(cc) Type of construction.
(P) Site information, including:
(i) Site and individual lot sizes;
(ii) Percent building coverage and percent impervious coverage;
(iii) Floor area ratio by lot and by site;
(iv) Dwelling unit density, if applicable, by lot and by site; and
(v) The number of handicapped and non-handicapped parking spaces required and provided.
(Q) Preliminary grading, drainage, storm water and erosion control plans that include:
(i) Existing contours at a minimum interval of two feet;
(ii) Proposed contours at a minimum interval of two feet; and
(iii) Permanent storm water management measures.
(R) Preliminary utility plans that include:
(i) Existing and proposed water lines and facilities;
(ii) Existing and proposed storm sewer lines and facilities; and
(iii) Existing and proposed sanitary sewer lines and facilities.
(S) A certified existing conditions survey by a registered land surveyor;
(T) Each plan sheet should include the date of plan preparation, the date of revisions, scale, north arrow and name of project;
(U) Any other needed information specified by the Planning Manager; and
(V) For city initiated preliminary development plans, the plans may consist only of information deemed necessary to identify and protect the public interest.
(5) Any special studies requested. The Director of Public Works or the Director of Community Development may request special studies when there is evidence that the proposed development may negatively impact public infrastructure, the environment or adjacent land uses. Such studies may include but are not limited to traffic, environmental, storm water management, wetland, and utility studies.
(6) Any mandatory environmental review. Preparation and review of required documentation for any development project subject to mandatory environmental review as described in Chapter 21, Article V, Division F must be completed prior to any official action being taken by the city to approve the proposed development. Review of a development application may occur concurrent with a mandatory environmental review provided the required environmental review documentation is submitted with the development application.