The procedure to be followed in securing approval of a large scale development project shall be as follows:
A. Acquire Submission Materials: Any person desiring to undertake a large scale development project within the city shall first acquire copies of the relevant application materials and regulations relating to the type of large scale development proposed for development. The purpose of this requirement is to ensure that the developer is fully aware of the approval procedure, the requirements and standards for design and construction of the project and the content of the required documents and statements.
B. Preapplication Conference:
1. The developer shall prepare and present to the planning commission, or their designated representatives, where applicable:
a. A sketch plan and general written description of the project.
b. A statement indicating the present ownership status of the land.
2. The purpose of the conference is to provide informal assistance to the developer in the preparation of the plans early in the process and in a form which will facilitate the required reviews and action by the planning commission and other approval agencies.
3. Members of the planning commission or the designated representative may suggest changes in the proposed layout or other materials in order that the project may be more fully consistent with the city's general plan and also with the city's development regulations and policies.
4. The sole purpose in holding the conference shall be to aid the developer in the preparation of his plans and documents. In no way shall the conference or any of the suggestions made therein be construed to constitute approval of the plan or a waiver of compliance with any requirement of this development code.
C. Developer Prepares And Submits Preliminary Plans And Documents:
1. Following the preapplication conference, the developer shall prepare and submit the required preliminary plans and documents to the planning commission or its designated representative. The materials submitted shall include:
a. Copies of all required preliminary plans, documents and statements.
b. Evidence of payment of the required review fee.
c. Evidence of compliance with the water rights conveyance requirements of this development code.
2. The number of copies of application materials, time of submittal prior to meetings, place of delivery and other particulars relating to the application process shall be as determined, from time to time, by the planning commission.
3. All submissions shall be prepared in accordance with city standards. In order for the development to be placed on the agenda, all plans, documents and submittals must be submitted to the planning commission office in accordance with the submittal procedures in effect at the time of the request.
D. Planning Commission Review; Action; Public Hearing:
1. The planning commission shall review the preliminary plans, documents and submittal materials and shall advertise and hold a public hearing on the proposed project. The hearing shall be called, noticed and conducted by the planning commission in accordance with current law. Following the public hearing, the planning commission shall act to approve or disapprove the proposal, approve it subject to modification, or table action subject to modification.
2. Approval by the planning commission shall not constitute approval of the project but shall be deemed as a finding that the project plan and documents conform with the minimum requirements and intent of the development code provisions relating to the specific project and a recommendation to the city council regarding approval of the proposed project.
E. City Council Review: The city council shall review the preliminary plans, documents and submittal materials, as recommended by the planning commission, and shall issue a decision regarding approval.
F. City Council Action:
1. Determination:
a. Following the public hearing, the city council shall act upon the preliminary plans, documents and submittal materials to approve, disapprove, or approve subject to modification. If disapproved, no further action is required. If approved subject to significant modification, the plans, documents and submittal materials shall be returned to the planning commission with instructions that the developer modify the plans and/or documents in accordance with required changes and to resubmit the modified proposal to the planning commission for its further review and recommendation.
b. If approved or approved with incidental modification, the preliminary plans and documents shall be returned to the planning commission with instruction to authorize the developer to proceed to prepare and submit the final plans and documents through the planning commission.
2. Project Vested Upon City Council Motion: Upon passage of a motion by the city council to approve the preliminary plans and documents, the project shall be considered to have vested and the city shall be committed to grant final approval of the final plans and documents, subject to compliance with all procedures, standards, requirements and any conditions attached to said approval related to the applicable large scale development.
3. Validity: Approval of the preliminary plans and documents shall be valid for twelve (12) months from the date of action by the city council. The time limit may be extended for an additional year upon approval by the city council, subject to the prior recommendation of the planning commission. Any extension of time shall be officially requested in writing, and submitted to the planning commission office thirty one (31) days prior to the end of the twelve (12) month preliminary approval period.
4. Final Approval Prior To Construction: No construction shall be permitted until final approval of the development has been obtained from the city council, in accordance with the following provisions.
G. Final Plats, Plans And Documents:
1. After receiving preliminary approval from the city council, the developer shall prepare and submit to the planning commission:
a. Application for final approval.
b. A reproducible tracing suitable for recording, where applicable.
c. Copies of the final plat, plans, documents, statements and engineering drawings.
d. An itemized estimate of the cost of constructing the required improvements.
e. Evidence of payment of review and recording fee.
f. Documents conveying evidence of compliance with water rights requirements of the city.
2. The number of copies for each of the above items shall be as determined, from time to time, by the planning commission.
3. All submissions shall be prepared in accordance with city standards. In order for the development to be placed on the agenda, the final plans, plat and documents must be submitted to the planning commission office in accordance with the submittal procedures in effect at the time of the request.
H. Planning Commission Acts On Final Plat, Plans, Documents And Statements:
1. When the plans, plat, documents, cost estimates, and other materials required for approval have been completed in final form, the developer may make application to the planning commission, and the planning commission will grant final approval after reviewing the final plan and ascertaining that:
a. The final plans conform with the conditions of the preliminary approval.
b. The final plat complies with the requirements and standards relating to the applicable type of large scale development.
c. The dedications, documents and statements comply with the standards relating to mountain home development zone.
d. The estimates of cost of constructing the required improvements are acceptable.
e. Tax liabilities of the common open space (wherever a development involves the reservation of common open space) have been determined.
f. The proposed performance guarantee is in accordance with the provisions of chapter 16 of this title and is in an amount sufficient to cover the cost of the outstanding required improvements.
2. Upon a finding of approval, the planning commission chair shall be authorized to sign required final plats.
I. Developer Submits Performance Guarantees: Upon approval of the final plat by the planning commission, the applicant shall proceed to make arrangements suitable to the city for posting a bond or other financial assurance guaranteeing construction of all uncompleted required improvements. Said performance guarantee shall be in conformance with the provisions of chapter 16 of this title.
J. City Council Acts On Final Plans, Plats And Documents:
1. After the planning commission has approved the final plans, plats, documents and other materials, a copy of the same shall be submitted to the city council for its approval. The city council will review said materials and also the proposed performance guarantees and, subject to a properly presented motion, may approve said plans; execute all appropriate documents, agreements and final plats; and accept all public dedications.
2. Final approval shall be by adoption and publication of an "ordinance of approval" by the city council. The ordinance of approval shall identify the territory included in the project and shall incorporate, by reference, all applicable documents and materials.
3. Upon adoption and publication of the ordinance of approval, the ordinance, together with the referenced plats, documents and materials shall be considered as an amendment of the official zone map and constitute the specific lot area and width, setback, access and similar requirements applicable to the project area.
K. City Records Plats And Documents: Upon acceptance of the performance guarantees, compliance with any conditions of approval, receipt of all executed documents and passage and publication of the amending ordinance, the city shall record, or cause to be recorded, all final plats, documentation and agreements in the office of the county recorder and shall notify the developer to proceed with construction.
L. Amendments: The plans, plats, documents and statements may be amended by following the same procedure required for initial approval. No change shall be made which is contrary to the intent of the city land use plan or the standards and requirements of this development code. Any amendment of a recorded final plat which also qualifies as a subdivision (division of the property into 2 or more separate parcels) shall not be approved or recorded until the existing recorded plat has been amended in accordance with the then applicable requirements and procedures for amendment of subdivision plats. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)