The Planning and Zoning Commission shall review and approve a preliminary development plan for a proposed Conservation Development according to the procedures set forth in this Section.
(a) Submission of Preliminary Development Plan. The applicant shall submit a Preliminary Development Plan application to the Zoning Administrator. The application shall include documentation illustrating compliance with the standards and criteria set forth in this Chapter. The application and documentation shall include, but not necessarily be limited to:
(1) Identification of existing site characteristics, including a general depiction of:
A. Boundaries of the area proposed for development, dimensions and total acreage;
B. Contour lines at vertical intervals of not more than five (5) feet, highlighting ridges, rock outcroppings and other significant topographical features.
C. Location of wetlands (and potential wetlands), the floodway boundary and floodway elevation as delineated by the Federal Emergency Management Agency, rivers and streams and their related river or stream bank, ponds, and water courses;
D. Locations of all wooded areas, tree lines, hedgerows, and specimen trees;
E. Delineation of existing drainage patterns on the property, existing wells and well sites;
F. Description of significant existing vegetation by type of species, health, quality, etc.;
G. Existing buildings, structures and other significant man-made features on the site and within two hundred (200) feet of the project boundary;
H. Description of all structures and areas of known or potential historical significance; and
(2) The preliminary development plan shall be drawn at a scale not less than 1” = 100’, and shall include:
A. A summary of the proposed development including the total acreage, number of residential units, type of dwellings, density by type of dwelling, and acreage of the common open space to be conserved;
B. A preliminary layout of standard single family lots, cluster lots and attached single-family dwellings, if any;
C. The location of the common open space and any proposed recreational facilities;
D. Natural features to be conserved and any required buffer areas;
E. Natural features to be altered or impacted by the development and areas where new landscaping will be installed, etc.;
F. General location of public street rights-of-way; and
G. Preliminary landscaping and buffering.
(3) An outline of the method/structure to perpetually preserve the required open space which indicates:
A. The structure of the association;
B. Membership requirements;
C. Financial responsibilities; and
D. The relationship of the entity to public agencies having responsibilities related to the project.
(4) A description of the project phasing including the phased construction of open space improvements.
(b) Review For Completeness. Within fourteen (14) days of receiving the application, the Zoning Administrator shall review the application to determine that the application includes all the items required in subsection (a) above. If the application is deemed complete and the application fee paid, the Zoning Administrator shall officially accept the application on that date.
(c) Review of Preliminary Development Plan by Others. The Zoning Administrator may refer the application to other City officials, and/or other private consultants for their review and comment. Comments pursuant to the referrals in this section shall be returned to the Planning and Zoning Commission within fourteen (14) days.
(d) Review and Approval by City. The Planning and Zoning Commission shall review the preliminary development plan and any other material related to the plan. The Planning and Zoning Commission shall:
(1) Approve the preliminary development plan;
(2) Approve the preliminary development plan subject to specific conditions not included in the plan as submitted; or
(3) Deny the preliminary development plan.
Failure of the City to act within sixty (60) days from the date the application was determined complete, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the preliminary development plan.
(e) Significance of Approved Plan. Approval of the preliminary development plan shall:
(1) Establish the development framework for the project, including the general location of open space, development areas, densities, unit types, recreational facilities, and street alignments.
(2) Be the basis for the application to proceed with detailed planning and engineering in reliance on the approved preliminary development plan.
(3) Provide the benchmark for the City to consider and approve amendments to the preliminary development plan when the City determines that the amended plan is equal to or better than the approved preliminary development plan.
(4) Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
(f) Final Development Plan. Prior to receiving a Zoning Certificate, the final development plan must be approved by the Planning and Zoning Commission according to the Site Plan and Design Review procedures and criteria in Chapter 1111, Development Plan Review Procedures. Such final plan may be approved for a phase of the project, or the final plan may include the entire project.
(1) Submission Requirements. In addition to the requirements in Chapter 1111, the final development plan shall include:
A. A site plan indicating:
1. Dimensions of building spacing; and
2. Designated common open space areas and a description of proposed open space improvements.
B. The Declaration, Articles of Incorporation and Code of Regulations for all Homeowners’ Associations, and any other final covenants and restrictions and maintenance agreements to be imposed upon all the use of land and pertaining to the ownership, use, and maintenance of all common areas, including restricted open space.
C. Conditions imposed by other regulatory agencies.
(2) Review by the City's Law Director. The City's Law Director shall review the Declaration, Articles of Incorporation and Code of Regulations for a Homeowners’ Association, and any other final covenants and restrictions and maintenance agreements to be imposed upon the Conservation Development. He/she shall provide a written opinion to the Planning and Zoning Commission verifying that the submitted documents demonstrate full compliance with the requirements of this Chapter.
(Ord. 2006-35. Passed 5-25-06.)