(a) General Provisions.
(1) An authorized agency of the City, State or Federal Government, or the owner or owners of any tract of land in an "AR" District comprising an area of not less than one acre, or any tract of land in an "R-6.5" District for which more than one twin-single dwelling is planned or any tract of land in an "SC" District, shall submit to the Municipal Planning Commission a preliminary plan and proposed ordinance for use in development of all of the tract of land for residential and allied purposes. At the time of filing of the preliminary development plan, the applicant shall pay a fee of one hundred fifty dollars ($150.00), no part of which shall be refundable.
(2) In accepting such preliminary development plan for review, the Commission shall be satisfied that the proponents of the development plan will begin and complete construction within a time period approved by the Commission. Construction shall commence within one year of the final approval of the development plan by Council or such extension of time as may be granted by Council or such approval becomes null and void.
(3) The preliminary development plan shall include the following items:
A. A vicinity map showing the perimeter boundaries of the area of land included in the application;
B. A boundary survey and boundary map with a point of reference to the intersection of two public rights of way;
C. A topographical survey of all land included in the application and such other land adjoining the subject property as may be reasonably required by the Commission. The topographical surveys shall show five foot contours or contours at an interval as may be required by the Commission to delineate the character of the land included in the application and such adjoining land as may be affected by the application; and
D. Proposed and existing structures, parking and traffic facilities, easements and public rights of way.
(b) Location and Character of Development. The following conditions shall apply to the proposed community development project:
(1) The property adjacent to the area included in the plan will not be adversely affected.
(2) The plan is consistent with the intent and purpose of this Zoning Ordinance to promote public health, safety, morals and general welfare.
(3) The use of the land shall be similar to the uses permitted in the district in which the plan is located.
(4) The land area per family contained in the site, exclusive of the area occupied by streets, shall provide more than a minimum of usable open space, parking, screening, service and access areas and distance between buildings.
(5) The maximum percentage of lot coverage with buildings shall not exceed that of the district in which it is proposed to be located.
(c) Submission and Approval of Final Development Plan.
(1) Upon determination by the Commission that the proposed community development project as shown by the preliminary plan conforms to the requirements of this section and all applicable requirements of this Zoning Ordinance, the proponents shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required by the Commission. At the time of filing the final development plan, the applicant shall pay a fee of one hundred dollars ($100.00), no part of which shall be refundable. In addition to those items required under the preliminary development plan, the final development plan shall include the following items:
A. The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness of such facilities;
B. The proposed location and size of areas for all land uses on the property indicating building areas, dwelling unit areas, dwelling unit densities, dwelling unit types, total number of dwelling units for each density area and total number of dwelling units in the development plan;
(Ord. 22-87. Passed 5-11-87.)
C. (EDITOR’S NOTE: Former subsection (c)(1)C. was repealed by Ordinance 14-95, passed April 10, 1995.)
D. The proposed size and use of all portions of the site not committed to residential uses and indication of their ownership and maintenance;
E. A brief narrative describing the site and the efforts to be taken on the part of the applicant to maintain any unique or attractive features of the site. These are to include significant tree masses and bodies of water;
F. The proposed traffic circulation pattern including public and private streets, parking areas, walks and other accessways, indicating their relationship to topography or existing streets; and
G. Evidence that the applicant has sufficient control over the land to undertake the proposed development.
(2) In addition to the final development plan, for any development involving the extension of utilities or the construction of or alteration to any street, the owner shall also submit conceptual utility drawings containing the following information:
A. The pipe size, slope, manholes and location of the sanitary sewer system;
B. The size, shape and slope for all pipes and channels of the storm sewer system with accompanying storm drainage calculations;
C. The size and location of water lines and fire hydrants; and
D. Street grades, cross sections, elevations and contours at two foot intervals;
If a conceptual utility plan is required, the applicant shall pay a fee of fifty dollars ($50.00) per acre for each acre in the subdivision; however, such fee shall not be less than two hundred fifty dollars ($250.00) for the purposes of reviewing such utility plans.
(3) If the final development plan is found to comply with requirements set forth in this section and other applicable provisions of this Zoning Ordinance, the Commission shall submit such plan, with its report and recommendation, to Council which shall hold a public hearing on the proposed community development project.
(4) Following a public hearing, Council may approve the final plan as submitted by the Commission or may approve modification of the plan if the modification is consistent with the intent and meaning of this Zoning Ordinance and is in substantial conformity with the final plan as approved by the Commission.
(5) If Council approves the final plans, a Certificate of Compliance may be issued upon completion of construction of the development, even though the location of buildings to be erected in the area and the yards contemplated by the plan do not conform in all respects to the district regulations of the district in which the proposed project is to be located.
(Ord. 22-87. Passed 5-11-87; Ord. 47-97. Passed 7-28-97.)
(d) In the event the applicant receiving approval of the community development project does not proceed with its construction within the time limit established by the Commission, the City shall require the applicant to show cause why such approval should not be revoked. If the Commission determines that the best interest of the City will not be served by the applicant continuing to hold the approval, the Commission shall make such recommendation to Council. After receiving the recommendation from the Commission, Council may initiate necessary proceedings to revoke the approval. (Ord. 22-87. Passed 5-11-87.)
(e)
Changes, Adjustments, or Rearrangements of the Final Development.
(1) After the final development plan has been approved by Council, a request for the change, adjustment, or rearrangement of buildings, parking areas, entrances, heights, or yards shall be submitted to the Director of Planning and Building for a determination as to whether a review of such change, adjustment, or rearrangement by the Planning Commission is required. If the proposed amendment otherwise complies with this Planning and Zoning Code, contains changes that do not conflict with the standards established by the final development plan, and maintains the character and integrity of the original development, then such amendment may be approved by the Director of Planning and Building without further review. The City may establish standards of review in making such determination, including without limitation, the degree of:
A. Expansion or demolition of structures;
B. Change to parking spaces or traffic circulation in parking lots; and,
C. Change in the overall character of the development.
(2) Upon a determination by the Director of Planning and Building that a review by the Planning Commission is necessary, the owner or developer shall submit an application to the Director of Planning and Building for a Planning Commission Review of Amendment to Development Plan.
(Ord. 09-2013. Passed 4-15-13.)
(3) The Planning Commission may disapprove such proposed amendment, but may recommend a further review by Council for any reason, in which case a report and recommendation shall be forwarded to Council. Council shall hold a public hearing on the proposed amendment, and, if, thereafter, Council determines such proposed amendment substantially conforms to the standards established by the final development plan and complies with this Planning and Zoning Code, such amendment may be authorized by Council, by resolution or ordinance.
(4) The Planning Commission may:
A. Disapprove such proposed amendment with no further review by Council or
B. Approve such proposed amendment with no further review by Council if it determines that the amendment substantially conforms to the standards established by the final development plan and it complies with this Planning and Zoning Code.
Provided, however, that a decision of the Planning Commission to approve an amendment to a development plan with no further review may be appealed to Council by any Planning Commission member or Council member by the filing of a written notice with the Clerk of Council within fifteen days of such decision, in which case a report and recommendation shall be forwarded to Council.
(5) Nothing in this section is intended to limit or restrict the right of appeal of a decision of the Planning Commission to Council as set forth in this Planning and Zoning Code.
(6) All applications for a Planning Commission Review of Amendment to Development Plan shall be submitted with a fee of fifty dollars ($50.00).
(Ord. 47-97. Passed 7-28-97.)