The purpose of this section is to provide 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 all permitted uses in multi-family, business, industrial, airport and conservation overlay districts;
(3) Any existing or previously approved development meeting the criteria of subsection (a)(1) and (2) hereof which proposes to alter, reconstruct or otherwise modify a use or site including expanding the floor area of the permitted use, increasing the number of dwelling units in a multi-family development, or changing the use which requires an increase in the amount of parking or a change in the site's circulation.
(4) Any existing or previously approved group development for multi-family housing which proposes to add Envelope Lot development to the group development.
(b) Submission of a Development Plan. The applicant shall submit the development plan to the Building and Zoning Inspector along with payment of the required fee.
(1) The 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.
(2) The application for development plan review shall include the following maps, plans, designs and supplementary documents, unless items are determined by the Chief Building and Zoning Inspector to be inapplicable or unnecessary and are waived in writing by the Chief Building and Zoning Inspector:
A. An accurate legal description prepared by or certified by a registered surveyor of the state;
B. A property location map showing existing property lines, easements, utilities and street rights-of-way;
C. A development plan indicating:
1. 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;
2. 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;
3. Adjacent streets and property including lot lines, buildings, parking, drives, and sidewalks within 200 feet of the site;
4. Proposed and existing fences, walls, signs, lighting;
5. Location and layout of all outdoor storage areas including storage of waste materials and location of trash receptacles;
6. Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;
7. Dimensions of all buildings, setbacks, parking lots, drives, walkways and sidewalks.
D. Topographic maps showing existing and proposed grading contours, and major vegetation features, including existing trees over six inches in diameter, wooded areas; wetlands and other environmental features;
E. Landscaping Plan indicating:
1. Proposed landscaping and screening indicating the preliminary description of the location and nature of existing and proposed vegetation, landscaping and screening elements;
2. Identification of vegetation and trees to be removed;
3. Locations of all proposed landscape elements with keyed schedule of all landscaping. The landscape schedule shall include, but not be limited to, common name of landscape elements, size of proposed landscaping including caliper, container size and/or height;
4. The Planning Commission may request, as part of its Landscaping Plan Review, additional landscaping and related details including, but not limited to, the use of permeable pavers, bioretention areas, vegetated swales/dry swales, sand/organic filters, elimination of curbs and gutters, riparian buffers, and other sustainable site design practices;
5. The use of indigenous landscaping is encouraged with emphasis on native species capable of withstanding local environmental conditions. The Planning Commission shall review and approve, or may require alternatives to, proposed landscaping selections.
6. Minimum landscaping sizes shall be:
a. Deciduous and Ornamental Tree minimum 2" caliper;
b. Evergreen Tree minimum 6' height;
c. Deciduous Shrub minimum 24" height;
d. Evergreen Shrub minimum 18" height.
F. Preliminary architectural sketches completed in color and preferred in three-dimensional renderings of buildings and other structures, floor plans, site construction materials and signs;
G. Summary table showing total acres of the proposed development; number of acres devoted to each type of residential and/or non-residential use including streets and open space; number of dwelling units by type;
I. A recommendation from the Design Review Board, pursuant to the authority and procedures in Chapter 1347, for any proposal related to an historic building or in an historic district;
J. Other features necessary for the evaluation of the development plan as deemed necessary by the Building and Zoning Inspector or Planning Commission.
(c) 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. Development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.
(d) Review for Completeness. The Building and Zoning Inspector reviews application for completeness prior to the application being placed on the agenda of the Planning Commission.
(e) Distribution of Plans. The application shall be transmitted to the Planning Commission as well as other agencies as follows:
(1) The application may be transmitted to appropriate administrative departments, the Ingress and Egress Board and professional consultants for review and comment.
(2) The application shall be transmitted to Council and appropriate administrative departments for review and evaluation of the Environmental Assessment Statement as provided in Section 1109.12.
(3) Any reports, comments, or expert opinions shall be compiled by the Building and Zoning Inspector and transmitted to the Planning Commission prior to the time of the Commission's review. All reports and the complete application shall be submitted to the Planning Commission not less than 13 days prior to the meeting at which the application is to be reviewed.
(f) Ingress Egress Board Review. The Board shall meet within fifteen days of their submission and make a unanimous recommendation to the Planning Commission. This Board may require, as a condition of the approval of the drawings, the installation of curbs, bumper guards, traffic control signs and lot markings as may be necessary to ensure the safe use of the premises. No drawings submitted to the Board which indicate compliance with all applicable ordinances of the City and State regulations and statutes shall be recommended by the Board to be denied by the Planning Commission.
In the event the Planning Commission approves a development plan which does not conform with the recommendation of the Ingress Egress Board it shall be resubmitted to the Board for reconsideration. No approval shall be made by Council until it has the final ingress egress plan.
The Ingress Egress Board shall review the Planning Commission's action and may, for the purposes of pedestrian and vehicular safety, override the decision of the Planning Commission.
(g) Planning Commission Review.
(1) Review Criteria. The Planning Commission shall review the application to determine that such application complies with the zoning requirements of the district in which the proposed development is located and the development criteria set forth in Title Five, General Design and Constructional Improvements, of the Planning and Zoning Code.
(2) Requests for Additional Information. The Planning Commission may request that the applicant supply additional information that the Commission deems necessary to adequately review and evaluate the proposed development.
(3) Informal Meetings. In reviewing any application, the Planning Commission may conduct a public meeting to meet informally with the applicant, however, no action shall be taken at such a meeting and no discussions, opinion, suggestions, or recommendations of the Planning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval by the Planning Commission.
(h) Planning Commission Determination. In approving a development plan, the Planning Commission shall find that:
(1) The plan is consistent with any plan for the orderly development of the City.
(2) The appropriate use and value of property within and adjacent to the area will be safeguarded.
(3) 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.
(4) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property, including the installation of on-site sidewalks as required by the City’s Planning and Zoning Code.
(5) The development will have adequate public service and open spaces.
(6) The plan is intended to preserve and be sensitive to the natural characteristics of the site in a manner which is in compliance with the applicable regulations set forth in this Code.
(7) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swells, water courses and drainage areas, and shall comply with the applicable regulations in this Code and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters.
(8) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage.
(i) Action by Planning Commission. The Planning Commission shall either:
(1) Approve the development plan as submitted; or
(2) Approve the 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 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, to the applicant, upon the applicant's request.
Failure of the Planning Commission to act within sixty days from the date the application was deemed complete, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the final development plan.
(j) Environmental Assessment Statement. Prior to the approval of a proposed development plan, the Planning Commission shall consider all comments and/or recommendations regarding the Environmental Assessment Statement as provided in Section 1109.12(f).
(k) Significance of an Approved Plan: Plan Revisions. An approved development plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved development plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. Such a transfer shall occur only upon approval of the Planning Commission. A request for such a transfer or change of ownership shall be presented to the Planning Commission and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original development plan. 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. Any changes in an approved plan shall be resubmitted for approval in accordance with this section.
(l) Lapse of Approval. An approved plan shall remain valid for a period of twelve months following the date of its approval or for some other period so specified by 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. 2020-21. Passed 2-18-20; Ord. 2021-38. Passed 5-4-21.)