A development plan shall be required when any property is rezoned to a planned zoning district (R-2P or B-3P); or any change of use of land or buildings occurs in a planned zoning district. However, the Governing Body may rezone property to a planned district on its own initiative without a development plan and defer the preparation of a development plan to a future date. In this instance review of deferred development plans shall occur according to the procedures and criteria in this subdivision.

(Development Ord. 2004, § 15-4-4.301)

(a)

Preliminary development plan contents. A preliminary development plan shall include:

(1)

Legal description for all property included in the preliminary plan boundaries.

(2)

A preliminary site plan meeting the requirements of Division 1 of this article plus the following additional requirements:

a.

A schedule of all proposed land uses including square footage of buildings and square footage of land areas dedicated to the categories and types of uses proposed in the plan, and the total plan area;

b.

Specific location and dimension of proposed building lines and building footprints;

c.

Any phases for the proposed for the entire buildout of the plan area clearly and specifically outlined with expected dates for beginning construction and completing construction in each phase;

d.

The proposed location and dimension of all public or private circulation patterns, including pedestrian and vehicle routes; and

e.

Supplemental report indicating how the plan meets the goals, intent and purposes of the City's comprehensive plan, the zoning district, and the planning criteria of the zoning district, including indications of where the plan proposes modifications from any standards for the zoning district, and justification why the modification is necessary for implementation of the purposes of the planned district; and

(3)

Detailed existing conditions of property within five hundred feet (500') of the plan boundaries including:

a.

Buildings and structures;

b.

Public streets, rights-of-way lines, and pedestrian areas;

c.

Parking lots, drive aisles, and private lanes;

d.

General location of utilities and easements;

e.

Public areas such as parks, trails, or other open space;

f.

Landscaping and screening including type and size of plant materials; and

g.

Property lines with designation of zoning districts and existing land uses.

(b)

Final development plan contents. A final development plan shall include:

(1)

A legal description for all property included in the final development plan boundaries. A final development plan shall include all property in the preliminary development plan, except where phases were approved in the preliminary development plan a final development plan may be submitted for one (1) or more phases.

(2)

A final site plan meeting the requirements of Division 1 of this article plus the following additional requirements:

a.

A schedule of all proposed land uses including square footage of buildings and square footage of land areas dedicated to the categories and types of uses proposed in the plan, and the total plan area;

b.

Final location and dimension of proposed building lines and building footprints;

c.

Identification of the phase of the preliminary plan, if any, and the relation to the phasing schedule approved with the preliminary development plan;

d.

Final location and dimensions of all public or private circulation patterns, including pedestrian and vehicle routes; and

e.

A statement of substantial compliance with the approved preliminary plan, or where any modifications are requested in accordance with Section 15-718, specific reference to those changes and justification for those changes.

(Development Ord. 2004, § 15-4-4.302)

The Planning Commission may recommend, and the Governing Body may approve, modifications to the regulations and guidelines of the planned district, through the development plan process, if it is found that a proposed preliminary development plan:

(1)

Will provide substantial value to the City;

(2)

Incorporates sound planning principles and design elements compatible with surrounding properties and consistent throughout the proposed project;

(3)

Effectively utilizes the land upon which the development is proposed;

(4)

Furthers the goals, purposes, and intent of this chapter, article, and the planned district better than a plan that does not contain modifications; and

(5)

Includes modifications which are the minimum necessary to implement the purpose and intent of the district.

(Development Ord. 2004, § 15-4-4.303)

(a)

Preliminary development plan. A preliminary development plan shall be submitted with any application to rezone property to a planned (R-2P and B-3P) zoning district. The plan shall be approved in conjunction with rezoning of property and be a condition of the rezoning ordinance. Any change to a preliminary development plan that can not be considered under a final development plan according to the provisions of this subdivision shall be treated as an amendment to the zoning for the property.

(b)

Criteria for approval of preliminary development plan. In addition to the criteria for approval of a rezoning, in approving a preliminary development plan the Planning Commission and Governing Body shall consider the following criteria prior to approval of a preliminary development plan:

(1)

The degree that the plan and any proposed modification to standards further the goals of the comprehensive plan and whether they meet the purposes and intent of this chapter, article, and the planned district;

(2)

Whether changes or alterations to the proposed preliminary development plan could better meet the goals of the comprehensive plan and the purposes and intent of this chapter, article and the planned district;

(3)

Whether the plan represents sound planning principles and design elements throughout the project that:

a.

Create meaningful public or common areas;

b.

Establish effective land use transitions to adjacent property;

c.

Create architectural character that is compatible throughout the project and with surrounding property; and

d.

Efficiently balance safe pedestrian and vehicle traffic; and

(4)

The compatibility of the plan, the land uses, public and common spaces, and building designs with surrounding areas, and effect on surrounding land areas.

(c)

Validity of preliminary development plan. Preliminary development plan approval by the Governing Body shall not be valid for a period longer than twenty-four (24) months from the date of such approval, unless within such period a final development plan is submitted. In the case of phased development plans, a final development plan shall be submitted for at least one (1) phase within this period, and validity of the remainder of the preliminary development plan shall be according to the phasing schedule of the approved preliminary development plan. The Governing Body may grant one (1) extension not exceeding twelve (12) months upon written request.

(Development Ord. 2004, § 15-4-4.304)

(a)

Final development plan. A final development plan shall be submitted in accordance with the procedures for a final site plan in Division 1 of this article.

(1)

The Planning Commission may approve a final development plan provided it is in substantial conformance with an approved preliminary development plan. A plan in substantial conformance may include the following minor deviations, provided they are consistent with all criteria and any conditions of the approval of the preliminary development plan:

a.

A change in the total floor area of non-commercial buildings that is less than five percent (5%) per building of the total floor area of the approved plan;

b.

A change in the number of residential units that results in a density that is less than one-half (½) dwelling units per acre different from the approved plan;

c.

An increase in the height of a building between zero percent (0%) and five percent (5%);

d.

A change in location of any building line or setback line of less than two feet (2') provided it is due to the subsequent discovery of site conditions, such as topography or subsurface conditions, which could not have been reasonably discovered in development of the preliminary plan and do not result in any increase in the approved building footprints beyond what is provided in the preliminary plan and by this section; or

e.

A change in landscape or open space design, pedestrian or vehicle circulation, or signage that still meets all minimum requirements of the zoning district and any conditions of approval of the preliminary development plan.

(2)

If the Planning Commission determines that a final development plan that is not in substantial conformance with an approved preliminary development plan, it shall be resubmitted as a new preliminary development plan in accordance with the requirements and procedures of this subdivision.

(b)

Combination of final development plan approval. If an applicant has provided a detailed plan set meeting both the preliminary development plan requirements and final development plan requirements, the review procedures may be combined into one (1) proceeding. If the Planning Commission determines that the preliminary development plan and final development plan submittal requirements and development standards have been meet, it may recommend approval of the preliminary development plan and approve a final development plan conditioned upon the Governing Body's approval of the preliminary development plan. In this case, final approval shall occur upon the Governing Body's approval of the preliminary development plan.

(c)

Validity of final development plan. Final development plan approval shall not be valid for a period longer than twelve (12) months from the date of approval, unless within that period a building permit is obtained and substantial constructions is commenced. All other building permits within the approved final development plan area must be obtained in a timely fashion as determined by the Codes Administrator to ensure the continuing validity of a final development plan beyond this period. The Governing Body may grant one (1) extension of no more than twelve (12) months upon written request of the applicant, if the request is filed prior to expiration of the final development plan. The Governing Body has the authority to attach new conditions to the final development plan in granting any extension.

(d)

Recording of approved final plan. An approved final development plan shall be signed by the Codes Administrator, or his designee, and filed by the applicant with the County Register of Deeds. A copy of the recorded plan shall be returned and placed on file with the City Clerk. No building permit shall be issued until the recorded plan is on file with the City Clerk.

(Development Ord. 2004, § 15-4-4.305)