(a) Purpose. The purpose of this section is to provide adequate review by the Planning and Zoning Commission of proposed development in those zoning districts where the uses permitted are of such a nature that they, because of their size, scale and operation, could have an adverse effect on the health, safety and general welfare of the surrounding community without the safeguards of this review. Development plan reviews shall be required for:
(1) New construction of all multifamily, condominium, business, industrial, institutional and recreational uses;
(2) All conditional uses; and
(3) Existing or previously approved developments which propose to increase the number of dwellings or units in a multifamily development, to expand the floor area of commercial, industrial, institutional or recreational uses or to change a use which requires a modification in the amount of parking or the site's circulation.
(b) Preliminary Plans. An applicant is encouraged to meet informally with the Zoning Inspector prior to submitting plans to the Planning and Zoning Commission. Additionally, an applicant may request a preliminary plan review by the Planning and Zoning Commission. Preliminary plans should be submitted to the Zoning Inspector ten days prior to the Planning and Zoning Commission meeting to be scheduled on the agenda. Planning and Zoning Commission approval of a preliminary development plan indicates that based on the preliminary information submitted to the Planning and Zoning Commission, the project could satisfy the substantive requirements for the proposed use in the district in which it is to be located and comply with the purpose and basic planning objectives of this Zoning Code. However, such preliminary plan approval does not assure approval of the final development plan. Based on an approved preliminary plan, the applicant may then proceed to prepare final plans in compliance with subsection (c) hereof.
(c) Final Development Plan. No zoning permit shall be issued for the addition, construction or use of any building which requires a development plan review pursuant to subsection (a) hereof, except in accordance with a development plan approved by the Planning and Zoning Commission. An application for review of a development plan shall be submitted to the Zoning Inspector. It may be filed by a land owner or a developer on behalf of an owner or a group of owners acting jointly. The Zoning Inspector shall review the application to assure compliance with the submission requirements. If the requirements have not been satisfied, the application shall be returned to the applicant with the deficiencies noted. A final development plan shall include:
(1) A property location map and topographical survey of the proposed development area showing the following information: property lines; easements; street rights-of-way; topography lines at two-foot intervals; existing buildings and structures; and landscape features, including existing trees and wooded areas and existing drainage patterns for the subject site and surrounding property.
(2) A proposed development plan, appropriately dimensioned and labeled, including: the location and use of buildings; the location of structures on surrounding properties; landscaping and screening; utilities; surface drainage; vehicular and pedestrian circulation, including driveways, access, sidewalks and parking and loading areas; a description of surface materials, including the type of pavement, sidewalks and landscaped areas; and other site improvements, such as lighting, fences and signs.
(3) Preliminary floor plans and architectural sketches of buildings and other structures.
(4) A summary table showing total acres and the amount of land area devoted to each proposed residential and nonresidential use and streets.
(5) Such other reasonable supplemental information as may be required by the Zoning Inspector or the Planning and Zoning Commission.
(6) A fee, as established by City Council.
(d) Review Procedures.
(1) Any administrative review undertaken by City officials or consultants at the request of the Zoning Inspector should be completed and the reports and/or comments made available to the Planning and Zoning Commission at the time of the Commission's review.
(2) In reviewing a final development plan, the Planning and Zoning Commission shall consider setbacks; the orientation of buildings, parking areas and other features with respect to the topography of the lot and existing natural features, such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; and the location of the green area provided; bearing in mind the possible effects of irregularly shaped lots and such other matters as the Commission may find to have a material bearing upon the stated standards and objectives of the various district regulations. In approving a development plan, the Planning and Zoning Commission shall find that:
A. The appropriate use and value of property within and adjacent to the area will be safeguarded.
B. The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.
C. The development will have adequate public service, parking, open spaces and traffic access to the property.
D. The plan, to the extent practical, will preserve and be sensitive to the natural characteristics of the site.
E. Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site, on adjacent property and on the public right of ways that serve the subject property.
F. Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, watercourses and drainage areas.
If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage.
(3) The Planning and Zoning Commission may either approve, approve with modifications or reject the proposal. If the Commission finds that a proposed plan of development does not meet the purposes of these regulations, it shall disapprove the plan and shall submit its findings, in writing, together with the reasons therefor, to the applicant. Based on the factors set forth above, the Planning and Zoning Commission may require a traffic impact study of the subject property and the Planning and Zoning Commission may require the developer of the property to comply with the traffic impact study.
(4) Failure by the Commission to act within forty-five days from the time the plan has been deemed complete and accepted pursuant to division (c) of this section, or an extended time period agreed upon with the applicant, shall, at the applicant's option, be deemed a denial of the development plan application.
(5) A development plan shall remain valid for a period of twelve months following the date of its approval. If, at the end of that time, construction has not been diligently begun, then such development plan shall be considered as having lapsed and shall be of no effect unless it is resubmitted to the Commission and reapproved. All construction and development under any zoning or building permit shall be in accordance with the approved development plan. Any changes in an approved plan shall be resubmitted for approval in accordance with this subsection.
(Ord.96-O-09. Passed 7-9-96.)