(a) Purpose. The purpose of the Concept Plan is to demonstrate conformance with the Master Plan, compatibility of the proposed development with this and other applicable City ordinances, and the coordination of improvements within and among individually platted parcels, sections, or phases of a development, prior to the consideration of a Preliminary Plat.
(1) A Concept Plan shall be required for all subdivisions of land, including a replat, except as otherwise provided for in this Ordinance for Short Form Final Plats.
(2) The Concept Plan shall include all adjacent and contiguous land, owned or controlled by the developer or the person, firm or corporation that sold the tract being developed.
(3) It shall not be necessary to submit a Concept Plan on any land more than once, unless the concept substantially or materially changes, or approval of the precedent Concept Plan has expired, as defined in this Ordinance.
(b) Format. One electronic copy in PDF format of the Concept Plan shall be submitted and drawn on eighteen by twenty-four inch (18" x 24") sheet(s) a scale of one (1) inch equals one (1) hundred feet (l" = 100') or one (1) inch equals two (2) hundred feet (1" = 200') with all dimensions measured accurately to the nearest foot. Thirteen additional copies of the Concept Plan shall be provided being on paper 11" x 17" for distribution to the Commission and Council.
(c) Content. The Concept Plan shall contain or have attached thereto:
(1) Name, address and phone numbers of the developer, record owner, and authorized agents (engineer, surveyor, land planner, etc.).
(2) Proposed name of the development; date revised and/or prepared; north indicator; scale.
(3) Location map drawn at a scale of 2,000 feet per inch showing the area within a one mile radius of the proposed subdivision. Use of the latest USGS 7.5-minute quadrangle map is recommended.
(4) A layout of the entire tract and its relationship to adjacent property, existing development and recorded plats.
(5) Topographic contours at ten-foot intervals, or less, unless otherwise approved by the City.
(6) Proposed major categories of land use by acreage showing compatibility of land use with, or proposed variance from, the Master Plan.
(7) Proposed number of residential and nonresident al lots, tracts or parcels of land together with the estimated:
(i) Number of LUEs required for each category of lots;
(ii) Traffic volume to be generated by all proposed development other than single-family residential.
(8) Proposed and existing arterial and collector streets to serve the general area.
(9) Location of City Parks, Neighborhood Parks, Nature Preserves, Pocket Parks, Open Space, sites for schools and other public uses, and regulatory 100-year floodplains.
(10) Significant drainage features and structures including any regulatory 100-year floodplains.
(11) Significant existing features on, or within 200 feet of, the property, such as railroads, roads, buildings, utilities and drainage structures.
(12) Approximate boundaries and anticipated timing of proposed phases of development and uses.
(13) Identification of known exceptional topographical, cultural, historical, archaeological, hydrological and other physical conditions of the property to be developed, or existing within 200 feet of the property, which will require the establishment of reasonable design standards in excess of the established minimum standards or require a variance from those established minimum standards as defined in this Ordinance.
(14) Location of City limit lines and/or outer border of the City's extraterritorial jurisdiction, as depicted on the City's most recent base map, if either such line traverses the development or is contiguous to the development's boundary.
(15) A proposed phasing plan for the development of future sections.
(16) For Resubmittal Applications, in addition to containing the information and documents required by this subsection (c), a transmittal letter that describes how each reason for disapproval of the Concept Plan is being remedied or how each condition of a conditional approval is being satisfied, as applicable, and identifying th location in the Concept Plan application where each remedy or response to a condition can be found. The transmittal letter shall further identify whether any other changes to the application have been made other than those necessary to respond to the reasons for disapproval.
(d) Procedure. A Concept Plan shall be submitted to the City for approval by both the Commission and the Council.
(1) Legible prints, as indicated on the application form, shall be submitted at least 30 days prior to the regular meeting of the Commission along with the completed application forms, and payment of all applicable fees and any attendant documents needed to supplement the information provided on the plan.
(2) Prior to the Commission meeting at which the Concept Plan is to be heard, City staff shall review the plan for consistency with City codes, policies and plans.
(3) The application shall be scheduled for consideration by the Commission within thirty (30) days of the application Filing Date (or within the applicable extension period if an extension is granted), or within fifteen (15) days of the Resubmittal Date, as applicable. The application shall be scheduled for consideration by the Council thirty (30) days of the Commission's approval or conditional approval action on the application (or within the applicable extension period if an extension is granted), or within fifteen (15) days of Commission's approval or conditional approval action on a Resubmittal Application, as applicable.
(4) City staff shall prepare a report analyzing the Concept Plan submittal, as well as any comments received concerning the Concept Plan, and recommending action on the Concept Plan. If the recommended action is denial or conditional approval, the report shall include the reasons for denial or the conditions for approval, as applicable, and citations to the law or ordinance that is the basis for disapproval or the conditional approval. This report shall be available at least five (5) business days prior to the Commission meeting.
(5) If the developer chooses to withdraw the Concept Plan, he/she may do so in writing delivered by noon of the third working day preceding the Commission meeting. A withdrawn Concept Plan may be resubmitted and appear on the next Commission agenda after repayment of the applicable fees and public notification.
(e) Approval. The Commission and Council shall take action on the Concept Plan.
(1) The Commission shall take action on the application within thirty (30) days of the Filing Date. The failure of either the Commission to act within thirty (30) days of the Filing Date (or within sixty (60) days of the Filing Date where an extension has been granted), or the Council to act within thirty (30) days of approval action on the Concept Plan by the Commission (or within sixty (60) days where an extension has been granted) shall be deemed an approval of the plan by the respective body, except as otherwise agreed to by the applicant pursuant to Section 20A(b)."
(2) The Council, within thirty (30) days of the ate of approval action of the Concept Plan application by the Commission (or within sixty (60) days of the date of approval action by the Commission where an extension has been granted), shall take action on the Concept Plan application.
(3) If applicable, zoning of the tract shall permit th uses proposed by the Concept Plan, or a zoning amendment necessary to permit the proposed uses shall be required prior to approval of the Concept Plan.
(4) Approval of a Concept Plan constitutes acceptance of the general development and arrangement of lots indicated on the plan; the classification and arrangement of streets indicated; the proposed phasing plan; and the nature of utility service proposed. Subsequent zoning approvals cannot be guaranteed.
(5) Concept Plan approval does not ensure approval of a Preliminary Plat failing to meet specific requirements of this Ordinance, and approval does not comprise any vesting of development rights or any assurance that permits of any kind ill be issued.
(6) Upon approval of the Concept Plan, the level per shall submit one (1) Mylar copy of the approved Concept Plan to be kept on file as a public record in the office of the City.
(f) Expiration. The approval of a Concept Plan shall expire two (2) years after the filing date unless:
(1) A Preliminary Plat on all, or a portion in the instance of an approved phasing plan of, the land is filed prior to such expiration date;
(2) An extension is granted by the Commission in accordance with this Ordinance;
(3) The development proceeds in accordance with an approved phasing plan. At such time as the development lags one year behind the approved phasing plan, the approval shall expire if the developer does not, prior to the expiration date, submit and obtain approval of a written request for the extension and continuance of the Concept Plan prior to expiration; or
(4) If a Concept Plan expires, it may be reinstated only upon resubmittal of the unaltered, approved plan to the Commission and Council and the approval by both bodies under the then-current subdivision regulations. All fees shall be repaid as if the plan were initially being submitted.
(g) Extension. The developer may apply for an extension, in writing, prior to the end of the initial 12-month period, stating reasons for needing the extension and demonstrating subsequent development activity in accordance with this Ordinance. Upon receipt of this written request, the Commission may, at its discretion, grant an additional six-month extension so long as the Concept Plan remains consistent with the Master Plan and/or ordinances of the City.
(h) Revision. If a revision to a previously approved Concept Plan is required, all changes must be completed on the one Mylar copy on file in the office of the City, and resubmitted to the Commission and Council for approval. All fees shall be re aid as if the Concept Plan was initially being submitted.
(Ord. 2022-002, passed 4-19-2022)