A preliminary plan shall be approved prior to approval of a final plan, although the processes can be concurrent for small, single phase developments. Both preliminary and final plan approval require a Planning Commission recommendation and Council approval.
The Planning Commission shall base its review of a proposed planned development upon the complete application, upon any staff report, and upon any relevant and credible public comment presented during the public hearing. Council shall base its decision on the same materials and shall also consider the Planning Commission recommendation.
The general decision standards for approval of a preliminary and final planned development are substantially similar. The final plan requires greater detail and is subject to additional decision standards.
If, at any time, the Planning Commission or Council finds that the information provided is insufficient to make a determination, it may suspend its review until sufficient information has been provided.
(a) Burden of Proof. Planning Commission has no obligation to recommend approval and City Council has no obligation to approve a planned development. This Zoning Code assumes that a planned development is appropriate only if an applicant proves that the proposed uses and design will not be detrimental to the public health, safety, or general welfare of the City or the neighborhood in which it is proposed.
Applicants shall prove that potential negative impacts of elements such as location, size and extent of facilities and operations, site design, traffic generation, site access, and potential impact upon public facilities will be adequately mitigated.
(Ord. 3520. Passed 3-19-19.)
(b) General Decision Standards. All planned developments shall satisfy these general decision standards:
(1) The proposed planned development is in fact permitted in the zoning districts in which it is proposed.
(2) If the application is for the same site where a planned development application has been denied within one year, the plan is substantially different from the application so denied.
(3) The uses and site plan will satisfy the general intent of this Zoning Code.
(4) The uses and site plan will be compatible with the general intent of the Comprehensive Plan.
(5) The size and shape of the site are sufficient for the proposed planned development.
(6) The use will not be hazardous or disturbing to existing or potential future neighboring uses that are permitted in the zoning district.
(7) The use will not involve activities, processes, materials, equipment, or conditions of operation that will be detrimental to any person, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, or other emissions.
(8) Accessory uses will be directly related to the operation of the principal uses and will not be operated independent of the principal uses.
(9) The use and site will be adequately served by public facilities and services such as streets, water and sewer, drainage structures, police and fire protection, and refuse disposal, or adequate provisions will be made to provide the same services privately.
(10) Development of the site and operation of the use will not require substantial public expenditure for additional infrastructure or services.
(11) The site will be designed, constructed, and maintained in a character harmonious in appearance and general character with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area. Structures to be constructed, reconstructed, or altered in a residential zoning district shall have the appearance of residential buildings permitted in the zoning district.
(12) The site is designed so that on-site traffic and traffic accessing the site will not adversely impact the movement or safety of all modes of traffic on adjacent public streets.
(13) Proposed construction will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(14) Proposed construction will not result in the complete elimination of existing mature tree canopy. Effort shall be made to direct disturbance and construction around or away from existing mature tree canopy without completely taking away use of the site or connectivity to existing infrastructure. (Ord. 3562. Passed 5-5-20.)
(c) Additional Final Plan Decision Standards.
(1) The final planned development shall substantially conform to the preliminary plan.
(2) Any substantial changes from the preliminary plan improve the plan or were requested by Planning Commission or Council as a part of the preliminary plan approval process.
(3) If the final plan seeks approval of only a portion of the approved preliminary plan, the elements of the proposed phase are sufficient to stand alone if the remainder of the planned development is abandoned.
(Ord. 3520. Passed 3-19-19.)