The purpose of this section is to provide for adequate review by the Planning Commission of proposed developments in those zoning districts where the uses permitted are of such a nature, because of their size, scale, or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety, and general welfare of the community.
(a) Development Plan Review Required. Development plan review shall be required for the following:
(1) New construction of PRDs, MUTNDs, all attached single-family dwellings, all multi-family dwellings, planned mobile home parks, and all permitted uses in professional, commercial, industrial and mixed use districts;
(2) All conditional uses in all districts; and
(3) Any existing or previously approved development meeting the criteria of paragraph (a)(l) or (2) hereof which proposes to alter, reconstruct, or otherwise modify a use or site in any one of the following ways:
A. Expanding the floor area of the permitted use;
B. Increasing the number of dwelling units in a residential development project;
C. Changing the use in such a way that requires an increase in the amount of parking spaces; or
D. Changing the site's vehicular or pedestrian circulation system.
(b) Pre-application Meeting. The applicant is encouraged to meet informally with the City Planner to insure that the proposed preliminary development plan is consistent with the approved Master Development Plan prior to submission to the Planning Commission.
(c) Submission of a Preliminary Development Plan. The applicant shall submit the preliminary development plan to the Building Department along with payment of the required fee. The preliminary development plan shall be prepared by a qualified professional and drawn to an appropriate scale, and shall disclose all uses proposed for the development, their location, extent and characteristics. The application for preliminary development plan review shall include the following maps, plans, designs, and supplementary documents, unless specific items are determined by the City Planner to be inapplicable or unnecessary and are waived in writing by the City Planner. The number of copies of plans to be submitted shall conform to established City policies and procedures for applications. In the case of a PRD or MUTND, the preliminary development plan may encompass the entire area included in the overall conceptual plan or only a portion thereof.
(1) An accurate legal description prepared by or certified by a registered surveyor of the State;
(2) A property location map showing existing property lines, easements, utilities and street rights-of-way;
(3) A preliminary development plan indicating:
A. The use, location, and height of existing and proposed buildings and structures, including accessory buildings, structures, and uses, along with notation of the development standards for building spacing, setback from property lines, and maximum building heights;
B. The location and configuration of off-street parking and loading areas; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;
C. Adjacent streets and parcels, including lot lines, buildings, parking areas, and drives within 100 feet of the site;
D. Proposed and existing fences, walls, signs, and lighting;
E. The location and layout of all outdoor storage areas for the storage of such items as fleet vehicles, waste materials, and trash receptacles; and
F. The dimensions of all buildings, setbacks, parking lots, drives, and walkways;
(4) Topographic maps showing existing and proposed grading contours, major vegetation features, and wooded areas;
(5) A landscape plan showing areas of natural vegetation to be preserved, areas to be buffered and screened, and the overall approach to landscaping within the development and a Tree Preservation and Management Plan pursuant to Chapter 1218.
(6) Preliminary architectural concepts for buildings, signs, and other structures;
(7) A summary table showing the total acres of the proposed development; the number of acres devoted to each type of residential and/or nonresidential use including streets and open space; and the number of dwelling units by type; and
(8) Such other documentation deemed necessary by the City Planner or the Planning Commission.
(d) Simultaneous Plat Approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Chapter 1224. Preliminary development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.
(e) Acceptance of Application and Review. After the applicant has conferred with the City Planner and discussed general details of the preliminary development plan, the applicant may formally make application for Planning Commission review and shall submit an application in compliance with the submission requirements set forth in subsection (c) hereof. The City Planner shall review the application for compliance with the submission requirements. After the City Planner has determined the application includes all the required information, the application shall be placed on the agenda of the Planning Commission's next regular meeting. The filing date of the application shall be the date that the application is determined to be complete.
(f) Distribution of Plans. After the completed application has been filed, the City Planner shall coordinate the detailed technical review of the application, and shall distribute copies of the application to the appropriate Planning Commission, Department Heads, and professional consultants for reviews and comments.
Any resulting reports, comments, or expert opinions shall be compiled by the Building Department and transmitted to the Planning Commission prior to the time of the Commission's review.
(g) Informal Meetings. In reviewing any application, the Planning Commission may meet informally with the applicant; however, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations of the Planning Commission discussed at such meeting shall be relied upon by the applicant to indicate subsequent approval or disapproval by the Planning Commission.
(h) Review Criteria. The Planning Commission shall consider:
(1) The location 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;
(2) The efficiency, adequacy, and safety of the proposed layout of internal streets and driveways;
(3) The location of the green areas, including common open space,;
(4) The location of signs;
(5) The adequacy of location, landscaping, and screening of the parking lots;
(6) The provisions for storm water management, erosion and sedimentation control, grading, and preservation of the site's natural features;
(7) Compliance with the goals and polices set forth in the Comprehensive Plan; and
(8) Such other matters as the Commission may find to have a material bearing upon the stated standards and objectives of the various district regulations.
(i) Planning Commission Review And Determination. The Planning Commission shall review the proposed preliminary development plan according to the criteria set forth in subsection (h) hereof at one or more of its public meetings and may request that the applicant supply additional relevant information that the Commission deems necessary to adequately review and evaluate the proposed development. In order to approve a preliminary development plan, the Planning Commission shall determine that:
(1) The preliminary development plan is consistent with the City's Comprehensive Plan for the orderly development of the City and with the approved Master Development Plan for the development.
(2) 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.
(3) The design of the parking areas minimizes dangerous traffic movements, achieves safe and efficient traffic flow for both vehicles and pedestrians, and provides an appropriate number of off-street parking spaces, and provides the appropriate number of driveways at appropriate locations.
(4) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas.
(5) The Landscaping Plan shall adequately enhance the principal building and the site, maintain existing trees to the extent possible, buffer adjacent incompatible uses, break up large expanses of pavement with natural material, and provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical winter conditions.
(6) The plan, to the extent practicable, will preserve and be sensitive to the natural characteristics of the site and is in compliance with the applicable regulations set forth in this Code.
(7) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.
(8) 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, and shall comply with the applicable regulations in this Zoning Code and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters.
(9) If the project is to be carried out in progressive stages, each stage is so planned that the foregoing conditions will be complied with at the completion of each stage.
(j) Action by Planning Commission. The Planning Commission shall either:
(1) Approve the preliminary development plan as submitted;
(2) Approve the preliminary development plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements to the yard layout, open space arrangement, on-site control of access to streets, or such features as fences, walls, and plantings to further protect and improve the proposed and surrounding developments; or
(3) Deny the preliminary development plan. If the Commission finds that a proposed plan does not meet the purposes of these regulations, it shall deny the plan and shall submit its findings in writing, together with the reasons therefor, to the applicant, upon the applicant's request.
(4) Time frame. Failure of the Planning Commission to act within sixty (60) days from the date the application was filed, or within an extended period agreed upon with the applicant, shall be deemed a denial of the preliminary development plan. With the concurrence of the applicant, the Planning Commission may take such additional time as may be necessary to further study the preliminary development plan and consider modifications thereto.
(5) Extent of preliminary approval. Approval of the preliminary development plan shall be an approval of the design features of the plan only, and the City Engineer, the City Planner, or any other official having jurisdiction, may modify the engineering or construction details as may be necessary for the protection of the public health, safety, and welfare. Preliminary approval of any development plan shall be valid for one calendar year from the date of such approval, unless the Commission extends such time limit. The approval of the preliminary development plan, and any special conditions attached thereto, shall be documented in the minutes of the Planning Commission, on an appropriate City form that shows the signature (dated) of the officials and/or commissions that provided review for the Planning Commission; and on the velum of the plan. The Chairperson of the Planning Commission and/or the Planning Commission Secretary shall sign such forms.
(k) Submission of Final Development Plan. After approval by the Planning Commission of a preliminary development plan, the applicant may proceed with submission of a final development plan in accordance with the following requirements:
(1) Conformity to approved preliminary development plan. The final development plan including architectural sketches shall conform, in all respects, to the approved or provisionally approved preliminary development plan, provided, however, that the Commission may authorize minor changes in the plan.
(2) Starting of construction. The final development plan may include all or any reasonable part of the approved preliminary development plan, provided that no details of the final plan shall necessitate any revision of the preliminary plan. If a major revision of any portion of the preliminary development plan is required, a revised preliminary plan shall be required prior to approval of the final plan.
(3) Application and guidance. The final development plan shall be filed in the Building Department at which time advice and guidance will be given the applicant as to the processing of the application and plan review.
(4) Acceptance of application. After the applicant has conferred with the City Planner and has discussed the general details of the final development plan requirements, the plan may be formally accepted for review, provided that such plan and all accompanying documents comply, in all respects, with the following criteria:
A. Standards for the construction of streets, sidewalks, parking areas, utilities, and storm drainage are established in the Subdivision Regulations, except as may be modified in this Zoning Code or by Planning Commission. The Commission shall not approve a final development plan until the City Engineer has approved construction drawings, showing all required details.
B. Each final development plan shall include all items identified. These requirements shall establish the scale and medium of drawings; the topography; the location of existing buildings and parking areas; the extent and scope of wooded areas; the exact location of new buildings, parking areas, recreation areas, and sidewalks; existing and proposed utility easements; and grading and landscape plans, and final architectural sketches.
(5) Referral. Upon receipt of a complete application, the City Planner shall place it on the agenda of the next regular Planning Commission meeting that is more than ten days from receipt of the complete application by the Building Department. The filing date of the application shall be the date the application is determined to be complete.
(6) Administrative review. As appropriate, the application shall be submitted to the necessary administrative departments, including, but not limited to:
A. The Law Director, to review any proposed homeowner's association documents for proper form and legality;
B. The City Engineer, to review the development and construction plans; and
C. The City Planner.
(7) Planning Commission review. The Commission shall review the final development plan, and all pertinent comments thereon, to determine whether or not such plan:
A. Meets the requirements and criteria of this Planning and Zoning Code and any other applicable City ordinance;
B. Represents a detailed and precise expansion of the preliminary development plan, as previously approved; and
C. Complies with all conditions, which may have been imposed at the time of the approval of the preliminary development plan.
(8) Decision on application. If it is found that the final development plan complies in all respects to this section, the Commission shall approve such final development plan. The Chairperson of the Commission shall affix his or her signature and the date of the adoption of such plan to the plan document, attesting to such approval. The approval of the final development plan shall be documented in the following three places: in the minutes of the Commission; on an appropriate City form that shows the signature (dated) of the officials and/or commissions that provided review and approvals for the Commission; and on the velum of the plan, if appropriate. The Chairperson of the Commission and/or the Commission Secretary shall sign such forms.
(l) Performance and Maintenance Bonds. The developer shall post a performance and maintenance bond(s) for the site development portion of a project. The form of the bond(s) shall be as approved by the Law Director. The amount and terms of such bond(s) shall be as specified by the City Engineer.
(m) Combined Preliminary and Final Development Plans. An applicant may request a waiver of the preliminary development plan. If, in the opinion of the Planning Commission, such a waiver would not affect the efficient processing of such plan, it may approve such request. The single final development plan, however, is subject to all requirements and review procedures set forth for both preliminary and final development plans.
(n) Certificate Issued. Upon approval of the final development plan by the Planning Commission, the Building Department shall issue a certificate of zoning compliance.
(o) Significance of an Approved Final Development Plan. An approved final development plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved final development plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. All construction and development under any building permit shall be in accordance with the approved plan. Any departure from such plan shall be cause for revocation of the zoning certificate.
(p) Final Development Plan Revisions. Any changes in an approved final development plan shall be resubmitted for approval in accordance with this section. Any departure from such plan shall be cause for revocation of the zoning certificate.
(q) Lapse of Approval. An approved final development plan shall remain valid for a period of twenty-four (24) months following the date of its approval or for a period so specified by the Planning Commission. If at the end of that time construction has not begun, then such plan shall be considered as having lapsed and shall be of no effect unless resubmitted and reapproved by the Planning Commission. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan shall have been completed.
(Ord. 54-2016. Passed 2-28-17.)