The following requirements apply in addition to all other requirements of this chapter where a preliminary plat (stage 1) is filed for approval under the subdivision open space plan section of the zoning ordinance.
(A) Statement of principles. Consideration by the Planning Commission and the City Commission of proposed optional use of the subdivision open space plan shall reflect the following basic principles:
(1) The subdivision open space section of the zoning ordinance provides an optional method of subdividing property, and approval of any subdivision open space plan is subject to the discretion of the City Commission.
(2) Particular attention shall be given to the effect of a subdivision open space plan upon the immediate area, where the character of that area has been established by previous development. Major attention shall be given by the Planning Commission and the City Commission to the benefits to be derived by the residents of the proposed subdivision and the city because of the subdivision open space plan with minor consideration to be given to the proprietor.
(3) The following objectives shall govern the approval or disapproval of the proposed subdivision open space plan:
(a) To provide a more desirable living environment by preserving the natural character of the terrain features;
(b) To encourage developers to use a more creative approach in the development of residential areas;
(c) To encourage a more efficient, aesthetic and desirable use of the land while recognizing a reduction in development costs and by allowing the developer to bypass natural obstacles;
(d) To encourage the provision of open space so benefits may accrue directly to residents of the subdivision and to further encourage the development of recreational facilities.
(B) Application for approval. The application for approval of a subdivision open space plan shall contain the following in addition to the information required by other sections of this chapter:
(1) A complete description of the land proposed to be dedicated to the city or to the common use of lot owners (herein called open land) shall be provided, including the following as a minimum:
(a) Legal description of open land;
(b) Topographical survey of open land;
(c) Type of soil in open land;
(d) Description of natural features on open land (stands of trees or other vegetation, streams or other bodies of water and the like); and
(e) Other relevant factors.
(2) The proposed plan of development of the open land shall be contained in the application and shall include the following as a minimum:
(a) The proposed manner in which the title to land and facilities is to be held by the owners of land in the subdivision;
(b) The proposed manner of collection of maintenance costs, financing costs or assessments so that nonpayment will constitute a lien on the property, thus avoiding city responsibility in the future;
(c) The proposed manner of regulating the use of the common facilities and areas so as to eliminate possible nuisances to other property owners and cause for enforcement by the City Commission;
(d) The proposed method of notifying the city when any change is contemplated in plans that would affect the original specifications approved by the city;
(e) The proposed method of setting up assessments to cover contingencies, insurance against casualty and liability and payment of taxes relating to these properties;
(f) The proposed uses of open land and the proposed improvements which are to be constructed by the proprietor.
(3) The application shall contain a statement of the benefits to be realized by the residents of the proposed subdivision and the city by approval of the proposed subdivision open space plan with particular reference to the objectives stated in the zoning ordinance.
(C) Planning Commission approval. If the Planning Commission is satisfied that the proposed subdivision open space plan meets the letter and spirit of the zoning ordinance and should be approved, it shall recommend such approval to the City Commission with the conditions upon which such approval should be based. Thereafter, the City Commission shall take action upon such application in accordance with § 159.22.
(D) Planning Commission rejection. If the Planning Commission is not satisfied that the proposed subdivision open space plan meets the letter and spirit of the zoning ordinance or finds that the approval of the subdivision open space plan will be detrimental to existing development in the general area and should not be approved, it shall communicate the disapproval to the City Commission with the reasons therefor. The proprietor shall be entitled to a hearing upon the proposal therefor. The proprietor shall be entitled to a hearing upon the proposal before the City Commission upon written request therefor filed with the Clerk.
(E) Approval. If the City Commission gives approval to the proposed subdivision open space plan, it shall instruct the City Attorney to prepare a contract setting forth the conditions upon which the approval is based, which contract after approval by the City Commission, shall be entered into between the city and the proprietor prior to the approval of any preliminary plat (stage 2) based upon the approved preliminary plat (stage 1).
(Prior Code, § 27-41) (Ord. 53, passed 8-21-1969)