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(a) Each lot and building envelope within an Open Space/Conservation Development shall have sufficient access to ensure safe and efficient traffic flow and reasonable ingress and egress as determined by the Planning Commission. All improvements required for a subdivision shall be constructed or provided in accordance with the applicable standards set forth for streets in Chapter 1228, Design Standards.
(Ord. 2010-059. Passed 3-7-11.)
Homeowners associations, community associations, or similar legal entities that are responsible for the maintenance and control of common areas including recreational facilities, open space, private streets, and buffer areas, shall be established in such a manner that complies with the following regulations. The City's Law Director shall determine that, based on documents submitted with the site plan, the association's or agency's bylaws or code of regulations specify the following requirements:
(a) Membership in the Association shall be mandatory for all purchasers and/or owners of lots in the development or units in a condominium.
(b) The Association shall be responsible for maintenance, control, and insurance of open space and all common areas, including any applicable easements and private streets.
(c) The Association shall have the power to impose assessments on members for the maintenance, control and insurance of open space and common areas, and have the power to place liens against individual properties for failure to pay assessments.
(d) The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified.
(e) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including required open space, without (i) an affirmative vote of seventy-five (75%) percent of its members, (ii) having established a successor entity to take over said property; and (iii) the approval of the City Council.
(f) The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to enter to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety, and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the City shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual condominium units, houses, dwelling, and vacant building lots.
(g) A certified copy of all covenants and restrictions, as recorded with the Summit County Fiscal Office, shall be submitted to the Zoning Administrator.
(Ord. 2010-059. Passed 3-7-11.)
(a) If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property.
(Ord. 2010-059. Passed 3-7-11.)
The Planning Commission shall review and approve site plans for a proposed Open Space/ Conservation Development according to the procedures set forth in Chapter 1240, Site Plan Review Procedures.
(a) Submission of Preliminary Site Plan. The applicant shall submit a Preliminary Site Plan application to the Zoning Administrator. The application shall include documentation illustrating compliance with the standards and criteria set forth in this Chapter. The application and documentation shall include the submission requirements in Chapter 1240 as well as the following:
(1) Identification of existing site characteristics, including a general depiction of:
A. Boundaries of the area proposed for development, dimensions and total acreage;
B. Location of wetlands (and potential wetlands), the floodway boundary and floodway elevation as delineated by the Federal Emergency Management Agency, rivers and streams and their related river or stream bank, ponds, and water courses;
C. Locations of all wooded areas, tree lines, hedgerows, and specimen trees;
D. Delineation of existing drainage patterns on the property, existing wells and well sites; and,
E. Description of significant existing vegetation by type of species, health, quality, etc.
(2) The preliminary site plan shall include:
A. A preliminary layout of all dwelling units, including the building envelope;
B. The location of any proposed recreational facilities;
C. Natural features to be conserved and any required buffer areas; and,
D. Natural features to be altered or impacted by the development and areas where new landscaping will be installed, etc.
(3) An outline of the method/structure to perpetually preserve the required open space which indicates, as applicable:
A. The structure of the association;
B. Membership requirements;
C. Financial responsibilities; and,
D. Any entity having responsibilities related to the preservation of the required open space.
(4) A description of the project phasing, if any, including the phased construction of open space improvements.
(b) Significance of Approved Plan. Approval of the preliminary site plan shall:
(1) Establish the development framework for the project, including the general location of open space, development areas, densities, unit types, recreational facilities, if any, and street alignments.
(2) Be the basis for the application to proceed with detailed planning and engineering in reliance on the approved preliminary site plan.
(3) Provide the benchmark for the City to consider and approve amendments to the preliminary site plan when the City determines that the amended plan is equal to or better than the approved preliminary site plan.
(4) Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
(c) Final Site Plan. Prior to receiving a Zoning Certificate, the final site plan must be approved by the Planning Commission according to the procedures in Chapter 1240, Site Plan Review Procedures. Such final site plan may be approved for a phase of the project, or the final site plan may include the entire project.
(1) Submission Requirements. In addition to the requirements in Chapter 1240 the final site plan shall include:
A. A site plan indicating:
i. Dimensions of building spacing including all lots and the maximum parameters, or building envelopes that indicate where buildings and accessory structures such as but not limited to decks and patios will be located, and shall demonstrate that such building location will be in compliance with the spacing requirements of this Chapter; and,
ii. Designated open space areas and a description of proposed open space improvements.
B. Conditions imposed by other regulatory agencies.
(2) Review by the City's Law Director. The City's Law Director shall review the Declaration, Articles of Incorporation and Code of Regulations for a Homeowners' Association, and any other final covenants and restrictions and maintenance agreements to be imposed upon the Open Space/Conservation Development. A written opinion shall be provided to the Planning Commission verifying that the submitted documents demonstrate full compliance with the requirements for Owners' Associations in this Chapter.
(Ord. 2010-059. Passed 3-7-11.)
In addition to complying with the standards in this Chapter, the Planning Commission shall only approve a preliminary or final site plan when it is determined to be in compliance with the applicable criteria in Chapter 1240, Site Plan Review Procedures, and the following criteria:
(a) Each phase of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability should remaining phases not be completed or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have beneficial effect which could not be achieved under standard district regulations.
(b) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Zoning Code and the policies in the Comprehensive Plan Update, when applicable.
(c) The development will be designed so that the area surrounding said development can be developed in coordination and substantial compatibility with the proposed development.
(d) Maximum possible privacy for adjacent residential properties shall be provided through good design, the use of the building materials, and preservation of natural features and supplemental landscaping according to the requirements set forth in this Zoning Code.
(e) Adequate provisions are made in the final covenants and restrictions to be imposed upon the development relating to the following:
(1) The use and development of accessory buildings and uses associated with individual dwellings.
(2) The maintenance of the land, including any common areas, private streets, and sidewalks.
(f) On-site circulation shall be designed to provide for adequate fire and police protection, and safe and efficient pedestrian and vehicular circulation.
(g) Adequate provision is made for storm drainage and sediment control in compliance with applicable City provisions.
(h) The proposed development complies with all other applicable provisions of this Zoning Code.
(Ord. 2010-059. Passed 3-7-11.)