In addition to conforming to the standards of Chapter 1152, a C-R District development shall be reviewed in conformance to the provision of this chapter prior to the issuance of a zoning certificate.
(a) Integrated Development Plan.
(1) General. An applicant requesting a zoning certificate for a C-R development shall submit an overall integrated development plan of the entire project area/site to the Zoning Inspector. The integrated development plan should include the general location and types of structures and dwelling units including numbers for each type; community facilities; location and type; vehicular circulation concept including identification of public and/or private roads and location of major parking areas; pedestrian system; locations and amounts of open space and types of facilities to be developed; and proposed utilities. In addition to the C-R integrated development plan, the applicant shall submit appropriate drawings showing the existing topography, vegetation, generalized soil conditions and other natural features; existing structures on the subject property and all adjacent properties; existing utilities on the site and on adjacent street rights-of-way.
(2) Deed restrictions. The integrated development site or individual lot applicant, as may be applicable, shall include proposed deed restrictions for the subject premises which would require conformance of the uses of the property to applicable zoning and subdivision regulations of the City and include language indicating that the restrictions of the declaration of deed restrictions are intended for the sole benefit of the City and may be modified or amended by the declarants, their respective heirs, executors, administrators, successors and assigns, in whole or in part, only with the consent of Council by an ordinance duly adopted by Council as evidenced by its minutes.
(3) Mix of uses. Each integrated development site shall have a minimum mixture of two or more different nonresidential uses i.e., retail, office, residential, recreation, hotel, etc. The integrated development plan shall contain approved areas for permanently developed retail, office, recreational, hotel or other sufficient revenue producing uses of not less than twenty-five percent (25%) of the total acreage of the integrated development site. The site shall be developed according to a coherent, integrated development plan. The development plan shall contain completion dates for all phases, as may be applicable. All individual lots comprising the integrated development site shall be interconnected by pedestrian walkways.
(4) Phasing. If the development is to be implemented in phases, each phase must have adequate provision for access, parking, storm water management, and other public improvements to serve the development in accordance with the Zoning Ordinance and City Subdivision Regulations. Each phase shall be provided with buffers or protective areas in accordance with the integrated development plan.
(5) Planning Commission review. The Zoning Inspector shall transmit the application including the materials submitted in accordance with provisions of this chapter to the secretary of the Planning and Zoning Commission to be placed on the agenda for the next Commission meeting. The Commission shall have a maximum of ninety days in which to review the application and to either approve the application, disapprove the application or inform the applicant of modification necessary to bring the application into conformance with all applicable ordinances.
(6) City Council approval. Upon approval of the integrated development plan by the Planning and Zoning Commission, the material submitted and reviewed by the Commission shall be transmitted promptly to Council. Within sixty days, Council shall review and consider whether Planing and Zoning Commission approval of the integrated development plan should be confirmed or confirmed as modified by amendments thereto adopted by Council. If Council confirms the integrated development plan as submitted or modified, the applicant is authorized to proceed with the final development plans pursuant to subsection (a)(7) hereof. If Council does not confirm the approval of the Planning and Zoning Commission, the integrated development plan is determined to be disapproved. Any subsequent modification to an approved integrated development plan shall be submitted to Council for its approval.
(7) Effect of City Council approval. Upon confirmation of an approved integrated development plan, the applicant is authorized to apply for a zoning certificate for all, or any portion thereof, of the integrated development plan pursuant to procedures of Sections 1107.01 and 1107.02 and the requirements of Chapter 1152 of the Codified Ordinances. A zoning certificate for a residential use shall not be issued unless a minimum of one nonresidential use has been approved. Development of residential uses only, without any nonresidential uses shall be prohibited. As additional assurance that the property is in fact developed in accordance with the integrated development plan, the developer, prior to the issuance of a zoning certificate, shall submit to the City, in form satisfactory to the Law Director, deed restrictions for the entire integrated development site requiring that the site be developed for use in accordance with the approval integrated development plan. Such restrictions shall provide that any amendments thereto must receive the approval of Council and that the City as a third party beneficiary, may enforce the restrictions.
(Ord. 2014-22. Passed 3-24-14.)