(a) Architectural Design Plan Required. The Architectural Design Plan ("ADP") is a conceptual master plan intended to accomplish the goals of integrated master planning, connectivity between major developments, creation of park and open space networks across neighborhood boundaries, creation of neighborhood features and centers, provision of adequate utilities, and high levels of residential design quality.
(b) Submittal Timing. Review and approval of an ADP by the Planning Commission shall be required prior to, or concurrent with, approval of a rezoning to a planned district or preliminary plat approval.
(c) Procedure for Approval of an ADP.
(1) Combined Submissions Encouraged. At the applicant's option, an application for an ADP may be combined with an application for a preliminary subdivision plat or rezoning to a planned district.
(2) Review Criteria. The Planning Commission shall review the ADP and shall take final action to approve, approve with conditions, or deny the ADP based on its compliance with the following criteria:
A. The ADP is consistent with the Comprehensive Plan and with all other duly adopted plans and policies;
B. The ADP complies with all applicable zoning district, development, and subdivision regulations; and
C. The ADP complies with these Residential Design Standards.
(d) Effect of Approval. An approved Architectural Development Plan shall lapse and be of no further force and effect if a preliminary subdivision plat or preliminary site plan for the development, or for a phase of the development identified in the ADP, has not been submitted within three (3) years from the date of the Planning Commission's final action.
(e) Submittal Requirements. Each ADP shall contain the following elements unless the Planning Commission determines that one or more of the elements are unnecessary.
(1) Land analysis element that identifies:
A. Natural or manmade features and amenities such as streams, irrigation ditches, significant views, stands of mature trees, historic or archeological sites or areas, agricultural outbuildings, and actual and potential wildlife habitat;
B. Hazards, including airport influence areas;
C. Existing or planned street and road system located adjacent to the subject property;
D. Land uses, existing or approved by the Village, located within ½ mile of the boundaries of the subject property;
E. The proposed development's relationship with and connections to surrounding lands and land uses (existing or approved);
F. Any non-residential areas within the development; and
G. Any natural or man-made features used to divide the property into individual neighborhoods and development areas.
(2) Location and Provision of neighborhood features that will serve as focal points for the community, and identification of any design themes for the proposed Neighborhood Feature such as common architectural themes, landscaping themes, general materials, and general styles.
(3) General organization of land uses and densities, including the placement of Neighborhood Features and activity centers. An ADP may include identification of general locations of conditional uses if the applicant chooses, but approval of an ADP shall not constitute approval of specific conditional uses.
(4) General auto, pedestrian circulation, and trails network that complies with these Residential Design Standards, the Obetz Subdivision Regulations, as amended, and applicable Village road standards and specifications.
(5) General park and open space network that complies with these design standards, the Obetz Subdivision Regulations, as amended, and the Parks and Recreation Master Plan.
(6) Conceptual Drainage Plan. Planning level of detail is required, but no engineering details or analysis is required at this stage.
(f) Staff Review for Compliance.
(1) The Village Engineer, or designee, shall be responsible for reviewing all subdivision applications for compliance with these Residential Design Standards. In the staff report compiled for the Planning Commission, the Village Engineer shall include a written finding regarding the application's compliance or non-compliance with these Residential Design Standards.
(2) The documents shall be submitted to the Planning and Zoning Administrator not less than thirty-five (35) days prior to the Planning Commission meeting.
(3) All ADP submittals shall be accompanied by a fee as established by Village Council.
(g) Additional Review Criteria.
(1) Preliminary Subdivision Plats. In addition to the review criteria set forth in the Subdivision Regulations, the Planning Commission shall review all applications for preliminary subdivision plats for compliance with the following criteria:
A. The plat complies with the terms and conditions of any previously approved Architectural Development Plan;
B. The plat complies with the residential site planning and site design standards and the mix of residential lot dimensions standards set forth in these Residential Design Standards; and
C. The plat evidences the availability and adequacy of public facilities and services needed to meet the demand generated by the proposed subdivision.
D. The Planning Commission shall deny a preliminary subdivision plat that does not evidence such compliance, unless the applicant has made a successful application for a variance from these Residential Design Standards pursuant to Section 1181.04.
(2) Final Subdivision Plats. In addition to the review criteria set forth in the Village's Subdivision Regulations, as amended, the Planning Commission shall review all applications for final subdivision plats for compliance with the following criteria:
A. The plat complies with the terms and conditions of any previously approved Architectural Development Plan (ADP) and/or a preliminary subdivision plat;
B. The plat complies with these Residential Design Standards, including, without limitation, standards requiring a mix of housing models; and
C. The plat evidences the availability and adequacy of public facilities and services needed to meet the demand generated by the proposed subdivision, or has provided measures to substantially mitigate any inadequacies.
D. The Planning Commission shall not recommend approval, nor shall approve a final subdivision plat that does not evidence compliance with these Residential Design Standards, unless the applicant has made a successful application for a variance pursuant to Section 1181.04.
(h) Housing Model Mix--Verification at Building Permit Stage. Applicants for building permits for single-family detached dwellings that were part of a subdivision approved in accordance with this subsection shall affirm and certify in the building permit application that the dwelling that is the subject of the permit does not adjoin or face a lot with the same housing model in violation of the mix of housing model standards set forth in Section 1185.07 above. No building permit shall be issued for construction out of compliance with these regulations.
(i) Building Permit Review Required. After the effective date of these Residential Design Standards, no building permit shall be issued for the construction of a residential structure subject to these Residential Design Standards until the applicant has produced evidence that the unit for which a permit is being requested has been approved pursuant to the Building Permit Review set forth in this subsection.
(j) Application Filing. Applications for Building Permit Review shall be submitted to the Village. Such applications shall include:
(1) An application form approved by the Village, and
(2) Three (3) scale drawings of each elevation of each dwelling unit, or housing model, that is subject to design requirements pursuant to these Residential Design Standards. All application materials shall be in adequate detail to enable the Village to determine whether each of the required standards has been met.
(k) Review and Action. The Village shall review each application for Building Permit Review and act to approve, approve with conditions, or deny the application based on the Approval Criteria.
(l) Approval Criteria. The Village shall review the application to determine if the proposed development complies with the Comprehensive Plan, all applicable zoning and subdivision requirements, and all applicable requirements of these Residential Design Standards.
(m) Approval Language. The Building Permit Review approval document shall state that all dwellings covered by the approval shall be constructed as shown in the application documents, except as such designs may have been amended by conditions attached to the approval.
(n) Extension of Approval Periods.
(1) Once a Building Permit Review has been completed and approved it becomes a part of the Building Permit and is subject to the same conditions of the Building Permit. The Building Permit and the approval may be extended for six (6) months with the approval of the Building Department and the Planning Department if at least thirty percent (30%) of the overall building permits have been issued in the subdivision for which the extension is being requested. Only one such extension shall be granted.
(2) If the Building Permit Review has been approved for a phased project, the approval will be void if no building permit is applied for within a three year period. If one phase is completed which accounts for at least thirty percent (30%) of the total project, the Building Permit Review approval for the remaining phases shall be valid for an additional three (3) years from the date of completion of the first phase. The issuance of a Certificate of Occupancy for the last building constructed in a phase shall mark the completion of that phase. Only one such extension shall be granted for multiphase projects.
(o) Appeal. Disputes regarding the Village's decisions shall be first appealed to the Planning and Zoning Administrator, or designee. Disputes regarding the Administrator's decisions shall be appealed to the Planning Commission.
(p) Amendments. Any Building Permit Review approval granted pursuant to this subsection may be amended by filing a new application for Building Permit Review together with all supporting documents.
(q) Lapse of Approval. The right to construct residential structures in accordance with the Building Permit Review approval shall lapse and be of no further effect with respect to any homes for which a building permit has not been obtained within six (6) months of the date of Review approval, unless an extension has been granted.
(r) Building Permits. No building permit relating to any non-exempt residential development shall be issued until the applicant has received a Building Permit Review approval pursuant to the terms of this chapter.
(Ord. 65-03. Passed 9-2-03.)