(a) Purpose and intent. The purpose of the
application process is to ensure that sufficient information is provided by the applicant to determine conformance with city code requirements and to evaluate the impact of the proposed
on surrounding property and public infrastructure.
(b) Relationship to
. While a
is limited to the basic information required for recording purposes, a
provides more detailed information.
approval is required prior to
approval, except where all relevant information has been provided on a previous
as determined by the Planning Manager.
approval may occur at the same meeting as
approval or at a later date, based on the preference of the applicant.
(c) Review and approval.
(1) Prior to application.
(A) Prior to application, all preliminary
must first be reviewed informally by the
, which will offer informal comments; determine if the
is Type I, Type II or Type III; and determine whether a formal
review is needed.
(2) Upon application.
(A) Type I and II preliminary
must be reviewed and acted upon by the City Council.
(B) Type III preliminary
must first be reviewed by the Planning Commission who will make a recommendation, and then be reviewed and acted upon by the City Council.
(d) Findings. The following findings must be made prior to approval of a
:
(1) The
is not in conflict with the Comprehensive Plan;
(2) The
is not in conflict with any adopted district plan for the area;
(3) The
is not in conflict with city code provisions or state law;
(4) The
does not conflict with existing easements;
(5) There is adequate public infrastructure (roads, utilities, storm water systems, emergency services, schools and the like) to support the additional development potential created by the
;
(6) The
design mitigates potential negative impacts on the environment, including, but not limited to, topography; steep slopes; trees; vegetation; naturally occurring lakes, ponds, rivers and streams; susceptibility of the site to erosion, sedimentation or flooding; drainage; and storm water storage needs;
(7) The
will not be detrimental to the public health, safety or welfare; and
(8) The
is not in conflict with an approved development plan or
.
(e) Expiration. Preliminary
expire one year after approval unless a corresponding
for the property is approved. Once a
is approved, the
expires at the time the corresponding
for the first phase expires. For a multiple phase
, once the corresponding
for the first phase is recorded, the
never expires. The City Council may extend the approval of a
by up to one additional year when it finds that the extension is in the public interest.
(f) Application content.
(1) Type I
applications must include the following items:
(A) An application form that is signed by or otherwise authorized electronically or in writing by the property owner(s) or authorized representatives;
(B) The required application fee as set forth in City Code Appendix A;
(C) Written documentation that includes:
(i) A park dedication intake form;
(ii) A complete description of the proposed
; and
(iii)
information, including, but not limited to, overall area, individual
sizes, proposed density and the like.
(D) One hundred scale or larger plans, in a number of sets and format specified by the Planning Manager, including, but not limited to:
(i) Existing and proposed property lines, right-of-way and easements;
(ii) Physical features of the property: buildings, retaining walls, driveways, impervious surfaces and the like;
(iii) Two-foot (minimum) contours showing existing and proposed ground elevations;
(iv) Site data: total area,
dimensions and area, total impervious surface area, minimum required setback lines, zoning, proposed
and block numbers;
(v) Title and certificate: correct legal description according to the official county records, title under which proposed
is to be recorded with names and addresses of owners, notation stating acreage, scale, north arrow, datum, benchmarks, certification of registered land surveyor licensed in the state, and date of survey;
(vi) Streets, curbs, gutters, walks, culverts and other public improvements on and adjacent to the property;
(vii) Utilities on and adjacent to the property;
(viii) If applicable, proposed public improvements of record: highways or other major improvements planned by public authorities for future construction on or near the property;
(ix) For proposed
containing slopes of 12% or greater, the
application must include documentation consisting of topographic maps of existing contours, slope calculations for each proposed
and the amount of impervious surface allowed on each proposed
; and
(x) Where applicable, the location and elevation of the 100-year floodplain, the floodway and floodway fringe.
(2) Type II and III
applications must include all information required for Type I
applications plus the following additional items:
(A) Where applicable, tree preservation plans in accordance with city code § 21.301.14;
(B) Where applicable, calculations documenting median
width in the surrounding neighborhood in accordance with city code § 21.301.01;
(C) Written documentation that also includes:
(i)
phasing and construction scheduling;
(ii) A description of the covenants or agreements such as common interest community covenants or agreements, that may influence the use and maintenance of the proposed development;
(iii) Where applicable, storm water management plans and calculations that meet the requirements of the City Comprehensive Surface Water Management Plan;
(iv) Anticipated trip generation based on the most recent edition of the ITE Trip Generation Manual; and
(v) Anticipated peak hour and average day water demand and wastewater flow.
(D) One hundred scale or larger plans, in a number of sets and format specified by the Planning Manager, that also include:
(i) All physical features, two-foot (minimum) contours, site and ownership data and the like, described under Type I
applications, of the property and adjacent land within 50 feet of the property;
(ii) Sites to be reserved or dedicated for parks, playgrounds or other public uses; and
(iii) Where required by the City Engineer, grading, drainage, utility, erosion control and traffic control plans.