A. Preapplication Meeting With City Staff:
1. Applicant shall meet with City staff and provide nine (9) copies of a conceptual sketch of the proposed development, along with an analysis of how the plan meets the purpose and the standards of this chapter. Criteria used for evaluation of the conceptual sketch are set forth in section 11-11-5, “Approval Criteria For Development Review”, of this chapter.
2. City staff shall review the concept plan and analysis in accordance with the provisions of this chapter and City ordinances. Within twenty one (21) days of the preapplication meeting, City staff will provide preliminary comments to the applicant regarding the appropriateness of the development and how the proposed development scheme meets the purpose of this chapter, as well as the development criteria and standards set forth in this chapter.
3. The applicant shall revise the plans accordingly to address the comments of City staff prior to the scheduling of a Committee of the Whole meeting before the City Council.
B. Committee Of The Whole Meeting:
1. A meeting with the Committee of the Whole will be scheduled after twenty five (25) copies of the following information are submitted to the City:
a. A concept plan of the proposed development depicting the following: acreage of property, property boundaries and distances, adjacent land uses, site features, including topography, drainage patterns, proposed street layout, table listing average lot size, proposed land uses and associated acreages, density, setback and bulk standards, floor area ratio for nonresidential land uses, statement of ownership and management of property.
b. A narrative description of the overall concept of the proposed development, and a demonstration of the uniqueness of the proposal and why conventional zoning is not appropriate.
c. A description of all variances to City ordinances being requested, as well as justification for each variance requested.
d. A draft development management plan for the property detailing: long term maintenance and funding of open space and natural areas, establishment of conservation easements over natural areas, location of accessory structures, establishment of a community-wide board, etc.
e. Proof of ownership of all property proposed for development.
f. Any other information required by City staff, including, but not limited to, the following: preliminary traffic study, school impact analysis and/or fiscal impact analysis, including impact on City services and financial benefits to the City.
2. A Committee of the Whole meeting will not be scheduled until all required information is submitted. Required submittals shall be provided to the City at one time, not in a piecemeal fashion.
3. At their meeting, the Committee of the Whole may provide comments, feedback, suggestions and other input on the proposed development regarding the appropriateness of the development and how the proposed development scheme meets the purpose of this chapter, as well as the development criteria and standards set forth in this chapter.
4. Within forty five (45) days after the Committee of the Whole meeting, the applicant shall either:
a. Formally apply for a public hearing before the Planning and Zoning Commission on the proposed IDD; or
b. Revise the plans to address the concerns of the City and request a new Committee of the Whole meeting, following the same process as described above; or
c. Withdraw the request.
If no action is taken by the applicant within said forty five (45) day period, a concept plan shall be considered withdrawn.
C. Application For Public Hearing Before Planning And Zoning Commission: After receiving comments by the Committee of the Whole about the IDD concept plan, the applicant shall apply for a public hearing before the Planning and Zoning Commission, using the same procedures and notification requirements as for a conditional use permit, except as modified herein.
1. Preliminary Plat And Preliminary Engineering: Because the design of an IDD typically incorporates conservation features and nontraditional engineering measures to accommodate stormwater management, a preliminary plat and preliminary engineering plans must be approved by the City before a public hearing before the Planning and Zoning Commission.
a. Five (5) copies of a preliminary plat and preliminary engineering plans, in accordance with the City’s Subdivision Control and Development Ordinance and Technical Review Standards, shall be submitted for technical engineering review.
b. A retained personnel fee of one thousand five hundred dollars ($1,500.00) shall be submitted to cover the review costs of plans and studies, and any other information necessary to perform a complete analysis of the project, which may completed by outside consultants.
c. Plans will be reviewed for compliance with the requirements for preliminary plats and preliminary engineering as set forth in the Subdivision Control and Development Ordinance and Technical Specifications Manual.
d. An analysis of all variances from City ordinances that are being sought shall be performed, including, but not limited to, design and layout, lot size, layout, block length, configuration, cul-de- sacs, lot widths, etc. (i.e., all of the conventional subdivision design standards and restrictions).
e. Once all preliminary platting and engineering issues are addressed to the satisfaction of the City, a public hearing before the Planning and Zoning Commission will be scheduled.
2. Public Hearing Before Planning And Zoning Commission: Upon approval of a preliminary plat and preliminary engineering, a public hearing before the Planning and Zoning Commission shall be scheduled. Twenty five (25) copies of the following documentation shall be submitted within thirty (30) days of approval of a preliminary plat and preliminary engineering:
a. A narrative description of the overall development, demonstrating the appropriate purpose and intent of development and how provisions of this chapter have been met, including criteria listed in section 11-11-5, “Approval Criteria For Development Review”, of this chapter.
b. A preliminary plan including the following information: acreage of property, adjacent land uses, site features, including topography, drainage patterns, proposed street layout, table listing average lot size, proposed land uses and associated acreages, density, setbacks, bulk standards, floor area ratio for nonresidential land uses, and a statement of ownership and management of property.
c. The preliminary plat of subdivision approved by the City staff.
d. A description of all variances to City ordinances being requested, as well as justification for each variance requested.
e. A draft development management plan for the property detailing: long term maintenance and funding of open space and natural areas, establishment of conservation easements over natural areas, location of accessory structures, establishment of a development wide board or association, etc.
f. Any other information required by City staff, including, but not limited to, the following: revised traffic study, school impact analysis and/or fiscal impact analysis, including impact on City services and financial benefits to the City, typical building elevations, site landscaping plans, etc.
3. Findings Of Fact: The Planning and Zoning Commission shall hold the public hearing on the proposed IDD development. The commission may call any additional witness and/or receive independent testimony, as it deems necessary, and may continue said hearing from time to time in order to explore all outstanding questions and to achieve thorough findings of fact. After the hearing, the Planning and Zoning Commission shall transmit to the City Council written findings of fact, based on section 11-11-5, “Approval Criteria For Development Review”, of this chapter, and recommend to the City Council approval, approval with modifications or denial of the application.
D. Drafting Of IDD Ordinance:
1. If a positive recommendation is made by the Planning and Zoning Commission, staff will work with the applicant in formulating a draft IDD Ordinance for the property. Using the existing preliminary plan and plat, as well as the City’s Zoning Ordinance as a guide, an IDD Ordinance will be drafted to address all zoning issues, as well as each variance that is requested. Each IDD Ordinance will reference a specific preliminary plat, management plan for the property, and any other documents deemed necessary by City staff or required by the City Council. Also, at this time, a final Comprehensive Management Plan shall be submitted and approved by staff prior to City Council consideration. This plan shall dictate the long term management of all common areas, funding sources that will be used, items typically listed in covenants, conditions and restrictions and other items as required by staff. Staff may consult, at their discretion and at the applicant’s expense, any outside consultant or agency in order to ensure the establishment of a proper and functional working document for the development of an IDD property.
2. If the property is proposed to be annexed to the City, a draft annexation agreement will also be prepared at this time and a public hearing for said annexation agreement before the City Council shall be scheduled.
E. City Council Consideration Of Preliminary Plan And Plat: After receiving findings of fact from the Planning and Zoning Commission, the draft IDD Ordinance for the property, and any other information requested by staff, the City Council shall review the proposed IDD Ordinance at a regularly scheduled City Council meeting. The Council will review the proposed IDD Ordinance for the property and suggest any modifications to said ordinance.
F. City Council Consideration (Second Meeting): If, at the first meeting the City Council votes to send the proposed IDD development forward for an official vote, the City Council shall approve, approve with modifications or deny the application at a future regularly scheduled meeting. If the City Council elects to approve the application in any form, the City Council shall, by ordinance, approve the preliminary plan and plat and grant the zoning of IDD, in accordance with those standards set forth on the preliminary plan and plat, comprehensive management plan and IDD Ordinance for the property. Said ordinance may authorize, in the discretion of the City Council, the submission of final plans and plats, and the development of the IDD in phases and include such conditions as the City Council may deem appropriate. No building permit or occupancy certificate shall be issued until the recording of the final plan and plat for the proposed IDD or the phase in which the property to which such permit or certificate relates is located.
G. Final Plan And Plat:
1. Within one year after adoption of the ordinance approving the IDD, the owner shall submit five (5) copies of final engineering plans, in accordance with the approved preliminary plan and plat of subdivision, as well as the City’s Subdivision Control and Development Ordinance and Technical Specifications Manual. After which, the plans will be reviewed for compliance with the City’s technical engineering standards for final development, as set forth in the Subdivision Control and Development Ordinance and Technical Specifications Manual. After receiving internal approval, the final plan and plat shall be transmitted to the Planning and Zoning Commission for review. If the Planning and Zoning Commission deems the plan and plat to be substantially compliant with the preliminary plan and plat, they shall be approved and recommended to the City Council for consideration.
2. This recommendation shall be transmitted in writing to the City Council within thirty (30) days. Upon receipt, the City Council shall review said final plan and plat and approve said plan and plat with modifications or deny said plan and plat.
3. As a condition of approval of any IDD plan and plat, the Planning and Zoning Commission may recommend and the City Council may stipulate such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the IDD as deemed necessary for the protection of the public interest, improvement of the development and protection of the adjacent area. In all cases in which IDD are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
H. Changes And Modifications To Approved Plans:
1. If the final plan and plat are not in substantial compliance with the approved preliminary plan and plat, the Planning and Zoning Commission shall not approve said final plan and plat and may require the submittal of a new application. The City Council may, however, approve variances from any phasing schedule contained within the ordinance granting the IDD without requiring a new application.
2. After the final plan and plat approval, the development of the property shall be in substantial conformance with the approved final plan and plat and IDD Ordinance. No changes shall be made to the approved final plan, except upon written application to the appropriate body in accordance with the following procedures: minor changes, dealing primarily in the location, siting of utilities, location of streets and ways of public access and in the size and location of open space, shall be reviewed and may be authorized by the City Administrator as required by engineering or other circumstances not foreseen at the time that the final plan was approved if they are generally consistent with the purpose and intent of the final plan.
3. All changes in land uses, rearrangement of lots, blocks, building tracts and any major changes in the provision of open space and all other changes in approved final plans must be made by the City Council. If an amendment to the IDD is required then, an additional public hearing shall be held at the Planning and Zoning Commission, after which the amendment and recommendation from the Planning and Zoning Commission shall be sent to the City Council for review and approval, approval with conditions or denial.
(Ord. 96-647; amd. Ord. 05-866)