(A) Preapplication Conference: Prior to the filing of a preliminary plan, the developer may submit to the plan commission or city council a generalized conceptual plan for the proposed development as a means of soliciting informal input.
(B) Preliminary Plan Filing: Ten (10) copies of the preliminary plan must be submitted to the zoning administrator at least ten (10) days prior to the meeting of the plan commission at which it is to be considered.
(C) Preliminary Plan Contents: The preliminary plan must include:
1. A preliminary subdivision plat and legal description, meeting the requirements of this title with any requested or granted variances so noted;
2. A site plan indicating the arrangement and tentative location of buildings, uses permitted, land to be preserved as permanent common open space, parking and loading spaces, and other special features of the development plan;
3. A draft of the proposed protective covenants whereby the owner proposes to regulate land use and otherwise protect the proposed development;
4. A draft of the proposed incorporation agreement and bylaws including coverage by liability insurance and maintenance of recreational and other common facilities with the city as a participant for:
(a) A homeowners' association in a residential planned development;
(b) A merchants' association in a shopping center planned development; or
(c) An industrial association in a manufacturing planned development; and
5. Data on the market potential necessary to support the location of site and the size of business uses in a shopping center planned development.
(D) Public Hearing: The plan commission must hold a public hearing on the planned development application. Written notice and published notice must be provided according to the requirements of subsections 14-11-1(F)1 and (F)2 of this chapter.
(E) Plan Commission Recommendation: The plan commission must review the preliminary plan at a public hearing. Following the close of the public hearing, the plan commission must recommend that the city council approve the proposed planned development, approve the planned development with modifications, or disapprove the planned development. The plan commission is also authorized to forward the planned development to the city council with no recommendation. The plan commission's recommendation will be made by simple majority vote of the quorum present.
(F) City Council Action: After due consideration of the plan commission's recommendation and within thirty (30) days of receipt of the preliminary plan and report of the plan commission, the city council must take action on the proposed preliminary plan.
(G) Final Plan Filing:
1. The final plan must conform substantially to the preliminary plan as approved.
2. If desired by the developer, the final plan may constitute only a portion of the approved preliminary plan that he proposes to record and develop at the time, provided that the portion conforms to all requirements of this title.
(H) Final Plan Contents: The final plan must include:
1. The final subdivision plat;
2. The location and dimensions of the building lots, common permanent open space, existing permanent buildings, easements, rights of way, legal description and uses permitted in specific parts of the planned development;
3. Protective covenants; and
4. An engineer's seal certifying that the plans are drawn in compliance with city ordinances.
(I) Final Plan Approval:
1. After the final plan is filed, the plan commission must forward its findings and recommendations to the city council within forty five (45) days.
2. The city council must take action on the final plan within forty five (45) days of receipt of the final plan and report of the plan commission and notify the plan commission and developer of its decision.
(J) Review And Approval Criteria: The plan commission in making its findings and recommendations, and the city council in its authorization of a planned development, must establish that the proposed planned development:
1. Is consistent with the comprehensive plan; and
2. Complies with the purpose, and all applicable regulations and conditions of this title.
(K) Permanent Common Open Space:
1. No plan for a planned development may be approved unless the plan provides for permanent common open space.
2. For the purposes of this section, permanent common open space includes all areas other than dedicated public streets, parking areas, areas occupied by principal and accessory structures or buildings and stormwater management facilities unless designed in a natural manner with native vegetation with trails or other passive recreational amenities; schools and recreation buildings will be considered open space.
3. Permanent common open space must be provided in the following amounts:
(a) Forty percent (40%) of the total area in a single-family residential planned development;
(b) Fifty percent (50%) of the total area in a multi-family residential planned development; and
(c) Five percent (5%) in a shopping center or manufacturing planned development.
(L) Recording Of Final Plan: Upon approval of the city council, the applicant must record the subdivision plat (when required), protective covenants and easements with the Bureau County recorder of deeds or registrar of titles. Proof of recordation must be provided to the zoning administrator prior to the issuance of building permits.
(M) Effect Of Approval: All final plans filed will:
1. Be binding upon the applicants, their successors and assigns;
2. Control the issuance and validity of all building permits; and
3. Limit the construction, location, use and operation of all land, land improvements and structures to be located on such plans. (Ord. 1379, 6-9-2008)