56 - PC PLANNED COMMUNITY DISTRICT
Sections:
The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in the PC District.
(Prior code § 10-2.21501)
The purpose of the PC District is to provide for the long-term development of large properties under unified ownership or control, to allow flexibility and variety in the lot layout, to promote a more desirable living environment, to encourage developers to use a more creative approach in land development in order to conserve natural features, and to facilitate the provision of more desirable, aesthetic, and efficient use of open space on parcels where natural features would be destroyed under normal subdivision practices and wherein one or more of the following circumstances may apply:
A.
That the concept of a master site plan is desirable to show ultimate development plans and to address the phasing of development;
B.
That certain areas of the site may be unsuitable for development due to environmental considerations;
C.
That a variety of uses are proposed for the site;
D.
That the concept of a residential unit density bonus may be desirable in exchange for publicly dedicated open space from site lands; and/or
E.
That no portion or only some portion of the site total is proposed for immediate development.
(Prior code § 10-2.21502)
Amendments to the PC District boundaries may be proposed by the city or property owner as provided in Chapter 14.86. A change in district boundaries alone need not be accompanied by a master plan and/or development plan proposal as described in Section 14.56.100 of this chapter.
(Prior code § 10-2.21503)
The minimum site area in the PC District shall be twenty (20) acres.
(Prior code § 10-2.21504)
Upon the approval of a Master Plan in accordance with Sections 14.56.100 through 14.56.140 of this chapter, the following uses may be permitted in the PC District:
A.
Single-family residences;
B.
Senior citizen housing in accordance with the provisions set forth in Section 14.62.210;
C.
Community facilities as follows:
1.
Schools other than public, including nursery schools and day care centers;
2.
Public and private nonprofit recreation areas, country clubs, golf courses, and private noncommercial clubs;
3.
Churches, monasteries, convents, retreats, and other religious institutions;
4.
Institutions of an educational or philanthropic nature, including museums and noncommercial art galleries;
5.
Public utility and public service structures or installations; and
6.
Hospitals, convalescent hospitals, residential care homes, and nursing homes;
D.
Open space areas, public and private; and
E.
Other uses which are determined by the commission and council to be of the same general character.
(Prior code § 10-2.21505)
Density in the PC District shall be as follows:
A.
Single-family residential density. The baseline number of permitted dwelling units shall be calculated by subtracting twenty (20) percent of the gross site area and dividing the remainder by the required lot area per dwelling unit in the site zoning district in effect immediately prior to rezoning to the PC District. Where on-site open space would be provided and/or required, open space lands shall be included in calculating the total residential acreage on the site. The granting of the full baseline density for the site shall be subject to city review of planning considerations and shall not be automatic.
B.
A residential density bonus (beyond the baseline density) may be granted in exchange for publicly dedicated open space from contiguous on-site lands. Any such density bonus shall be approved by the commission and council. No building permit for bonus units shall be issued prior to the dedication of open space. A density bonus of one to ten (10) additional units may be granted in exchange for the first ten (10) acres of publicly dedicated open space from on-site lands. No density bonus shall be granted for the open space dedication of lands smaller than ten (10) acres. For each contiguous acre of publicly dedicated open space exceeding ten (10) acres, up to one additional bonus residential unit may be awarded, at the discretion of the commission and council.
C.
Senior citizen housing residential density. The maximum density shall be fifty (50) units per acre. The granting of the full density shall be subject to city review and planning consideration and shall not be automatic.
(Prior code § 10-2.21506)
The development standards for setbacks, lot dimensions, lot coverage, parking, and height in the PC District shall be as follows:
A.
For single-family residences on traditional lots which are fifteen thousand (15,000) square feet or less in size, the R1-10 standards set forth in Chapter 14.06 shall apply; on lots fifteen thousand and one (15,001) to thirty-three thousand (33,000) square feet in size, the R1-20 standards set forth in Chapter 14.10 shall apply; and on lots thirty-three thousand and one (33,001) square feet or more in size, the R1-40 standards set forth in Chapter 14.12 shall apply;
B.
For single-family residences in a cluster subdivision, the standards set forth in Section 14.62.200 shall apply; provided, however, the maximum coverage for all structures over six feet in height shall be twenty (20) percent of the total area of the development site;
C.
For senior citizen housing, the PUD/SC standards set forth in Section 14.62.210 shall apply; and
D.
For community facilities, the standards set forth in Chapter 14.70 shall apply.
Existing facilities which do not meet the standards set forth in this section may be allowed to remain provided the commission and council find that their nonconformity will not be detrimental to the health, safety, or welfare of persons living or working in the vicinity or injurious to property or improvements in the vicinity.
(Prior code § 10-2.21507)
The following conditions shall be required for development in the PC District:
A.
That the site and structures be in single ownership and/or control, unless otherwise excepted by the commission and council; and
B.
That no use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable to persons residing or working in the vicinity by reason of odor, fumes, smoke, dust, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic or to involve any hazard of fire or explosion.
(Prior code § 10-2.21508)
Applications for development in the PC District shall consist of Phase I: Master Plan, and Phase II: Development Plan. The submittal and approval of a completed master plan shall precede any submittal of a development plan for a given site. Site development may occur in stages. Each stage of proposed new site development shall be accompanied by a development plan which is consistent with the approved site master plan. Where existing facilities on the site are proposed to remain, a development plan shall be submitted for their continued existence and for any major improvements or additions proposed for the given facilities. All phases shall be reviewed in the same manner as set forth in Sections 14.56.110 through 14.56.140 of this chapter and shall be accompanied by a fee set by the council by resolution.
A.
Applications for Phase I: Master Plan shall consist of the following:
1.
A site study to include, but not be limited to, the following:
i.
The existing environmental conditions affecting the site (topography, slopes, soil types, vegetation, wildlife, floodplains, waterways, drainage patterns, groundwater resources, traffic patterns, public services, surrounding land use, aesthetics, archaeology, and other topics as defined by the city);
ii.
The adjacent and nearby land uses;
iii.
The potential opportunities and constraints to site development due to any consideration related to subsection (i) of this subsection;
iv.
Site specific development guidelines based upon the findings of subsections (i), (ii), and (iii) of this subsection; and
v.
The rationale for proposed features of the master plan map;
2.
A master plan map which indicates:
i.
The topographic character;
ii.
The existing improvements;
iii.
The proposed circulation plan;
iv.
The surface waterways;
v.
The areas proposed as public and/or private open space, including areas unsuitable for development, due to floodplains, steep slopes, natural hazards, or other constraints;
vi.
The major areas of vegetation;
vii.
The areas of anticipated development phasing; and
viii.
The density by development area; and
3.
A general development schedule which includes:
i.
The description of the project;
ii.
When feasible, the anticipated timing for each section of the development for which specific uses are intended or for which specific sectional development plans will be submitted;
iii.
The approximate area of each section of the development;
iv.
For residential development or residential sections of the development:
a.
The approximate number of dwelling units proposed by type of dwelling. This may be stated as a range with the maximum number of units of each type;
b.
The approximate total population anticipated in the entire development;
c.
The approximate land area and number of sites proposed for public uses of each type; and
v.
For the development of community facilities:
a.
The types of uses proposed; and
b.
Significant applicable information with respect to enrollment, residence, employment, attendance, and other sociological characteristics of the development.
B.
Applications for Phase II: Development Plan shall consist of the following:
1.
The parcels of land intended to be dedicated or reserved for public parks, or public open space, or otherwise dedicated or reserved to the public;
2.
The open spaces set aside for private open space and/or for the use of the residents of the development in common;
3.
The types of residential and nonresidential structures and site locations therefor;
4.
The locations of garages and parking;
5.
The pedestrian walks and malls and other trails;
6.
The vehicular access and circulation;
7.
The location of all walls, fences, and screening;
8.
A preliminary tree planting and landscaping plan;
9.
The preliminary plans and elevations of all structures;
10.
Drafts of appropriate restrictive covenants, drafts of documents providing for the maintenance of common open spaces, drafts of any dedication of open spaces and other properties, drafts of any dedication of development rights as required by this section, and any other documents to be submitted to the Real Estate Commission of the state;
11.
Tables showing the total number of acres in the proposed development and the percentage designated for each of the proposed dwelling types and for nonresidential structures and uses, off-street parking, streets, parks, and open spaces;
12.
Tables showing the overall density of the proposed residential development;
13.
A time schedule indicating when construction is to begin, the anticipated rate of development, and the approximate completion date, including any stage construction;
14.
A plan indicating the location of all existing trees, other than fruit or nut, and other prominent natural features;
15.
Preliminary grading plans; and
16.
Preliminary drainage plans.
C.
Prior to the public hearing scheduled before the commission as set forth in Section 14.56.120, the development plan shall be reviewed by the architecture and site control committee which shall report its findings to the commission.
(Prior code § 10-2.21510)
Both phases (Master Plan and Development Plan) shall be reviewed in the following manner: After an application has been filed, the planning department staff shall review such petition and shall then prepare a written staff report to accompany the petition to the commission at the first public hearing. The staff report shall include at least the following:
A.
A map showing the existing zoning of the subject property and the adjoining properties, regardless of jurisdiction;
B.
Comments (which may be illustrated with drawings or maps) as to whether the proposal generally conforms to each of the elements of the adopted general plan;
C.
General design comments;
D.
Any other comments deemed appropriate by the staff; and
E.
Any illustrative drawings, maps, or plans deemed appropriate by the staff.
(Prior code § 10-2.21511)
The commission shall hold at least one public hearing on each phase of the submittal. Notices of such public hearings shall be given not less than ten (10) days and not more than thirty (30) days prior to the date of the hearing by publishing a notice in a newspaper of general circulation within the city and mailing of notices to the recorded legal owners of all properties within five hundred (500) feet of the boundaries of the site at the addresses shown on the latest adopted tax roll of the county.
(Prior code § 10-2.21512)
A.
At the time and place set for the public hearing before the commission on an application for the approval of a master plan or a development plan, the commission shall consider the petition and the accompanying evidence along with the report of the architecture and site control committee and shall make a specific finding on each of the following issues:
1.
Whether the proposed plan is necessary to the public health, safety, comfort, convenience, prosperity, or welfare;
2.
Whether the proposed plan is in accordance with the objectives of the zoning plan as stated in Chapter 14.02; and
3.
Whether the proposed plan under the circumstances of the particular case will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.
B.
If the finding on each of such issues is positive, the commission may recommend to the council that the plan be approved. If the finding on one or more of such issues is negative, the commission may deny the application. Disapproval by the commission shall be final; however, the applicant may appeal the decision to the council within fifteen (15) days after the date of the decision of the commission. The appeal shall be in writing by the applicant to the city clerk and shall be accompanied by a fee set by the council by resolution.
(Prior code § 10-2.21513)
A.
In the case of approval or an appeal, the council shall set the matter for a public hearing. Notices of such hearing shall be given in accordance with the provisions of Section 14.56.120 of this chapter. At the time and place set for the public hearing before the council, the council shall consider the petition and the accompanying evidence along with the report of the commission and shall make a specific finding on each of the following issues:
1.
Whether the proposed plan is necessary to the public health, safety, comfort, convenience, prosperity, or welfare;
2.
Whether the proposed plan is in accordance with the objectives of the zoning plan as stated in Chapter 14.02; and
3.
Whether the proposed plan under the circumstances of the particular case will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.
B.
If the finding on each of such issues is positive, the council may approve the application. If the finding on one or more of such issues is negative, the council may deny the application.
(Prior code § 10-2.21514)
The approval of a master plan shall be binding upon the applicants and their successors and assigns and shall run with the land. The master plan approval shall not allow development. The number of units approved in the master plan approval shall be considered the maximum number of units for the entire site area. The exact number of units which can be constructed in any site area shall be determined at the time of the development plan approval. The approval of a development plan shall be generally consistent with the master plan. The approval of a development plan, including all conditions attached thereto, shall be binding upon the applicants and their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use, and maintenance of all land and structures within the development.
(Prior code § 10-2.21515)
A.
An approved master plan which has not been fully implemented within seven years after the date of approval or conditional approval shall automatically become null and void, and, before any development shall proceed, the applicant shall again file for master plan approval in accordance with the provisions of this chapter. The council, upon a request, and after the receipt of a report by the commission, may grant such extension of the development period as the council deems advisable; not, however, to exceed three years.
B.
An approved development plan which has not been fully implemented within three years after the date of approval or conditional approval shall automatically become null and void, and, before any development shall proceed, the applicant shall again file for development plan approval in accordance with the provisions of this chapter. The council, upon a request, and after the receipt of a report by the commission, may grant such extension of the development period as the council deems advisable; not, however, to exceed two years.
(Prior code § 10-2.21516)
A.
Minor modifications in the master plan and/or development plan may be permitted upon approval by the architecture and site control committee if the modifications will not result in changes in the uses or the character of the development, increases in coverage and/or density, increases in amounts of traffic generated, increases in parking or loading requirements, or reduction in the number of off-street parking and/or loading spaces.
B.
Proposed major modifications to the master plan and/or development plan shall be processed by the reinitiation of the master plan process as set forth in Sections 14.56.100 through 14.56.140 of this chapter.
(Prior code § 10-2.21517)
(As provided in Chapter 14.68 of this code.)
(Prior code § 10-2.21518; Ord. No. 2015-414, § 12, 9-8-2015)
56 - PC PLANNED COMMUNITY DISTRICT
Sections:
The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in the PC District.
(Prior code § 10-2.21501)
The purpose of the PC District is to provide for the long-term development of large properties under unified ownership or control, to allow flexibility and variety in the lot layout, to promote a more desirable living environment, to encourage developers to use a more creative approach in land development in order to conserve natural features, and to facilitate the provision of more desirable, aesthetic, and efficient use of open space on parcels where natural features would be destroyed under normal subdivision practices and wherein one or more of the following circumstances may apply:
A.
That the concept of a master site plan is desirable to show ultimate development plans and to address the phasing of development;
B.
That certain areas of the site may be unsuitable for development due to environmental considerations;
C.
That a variety of uses are proposed for the site;
D.
That the concept of a residential unit density bonus may be desirable in exchange for publicly dedicated open space from site lands; and/or
E.
That no portion or only some portion of the site total is proposed for immediate development.
(Prior code § 10-2.21502)
Amendments to the PC District boundaries may be proposed by the city or property owner as provided in Chapter 14.86. A change in district boundaries alone need not be accompanied by a master plan and/or development plan proposal as described in Section 14.56.100 of this chapter.
(Prior code § 10-2.21503)
The minimum site area in the PC District shall be twenty (20) acres.
(Prior code § 10-2.21504)
Upon the approval of a Master Plan in accordance with Sections 14.56.100 through 14.56.140 of this chapter, the following uses may be permitted in the PC District:
A.
Single-family residences;
B.
Senior citizen housing in accordance with the provisions set forth in Section 14.62.210;
C.
Community facilities as follows:
1.
Schools other than public, including nursery schools and day care centers;
2.
Public and private nonprofit recreation areas, country clubs, golf courses, and private noncommercial clubs;
3.
Churches, monasteries, convents, retreats, and other religious institutions;
4.
Institutions of an educational or philanthropic nature, including museums and noncommercial art galleries;
5.
Public utility and public service structures or installations; and
6.
Hospitals, convalescent hospitals, residential care homes, and nursing homes;
D.
Open space areas, public and private; and
E.
Other uses which are determined by the commission and council to be of the same general character.
(Prior code § 10-2.21505)
Density in the PC District shall be as follows:
A.
Single-family residential density. The baseline number of permitted dwelling units shall be calculated by subtracting twenty (20) percent of the gross site area and dividing the remainder by the required lot area per dwelling unit in the site zoning district in effect immediately prior to rezoning to the PC District. Where on-site open space would be provided and/or required, open space lands shall be included in calculating the total residential acreage on the site. The granting of the full baseline density for the site shall be subject to city review of planning considerations and shall not be automatic.
B.
A residential density bonus (beyond the baseline density) may be granted in exchange for publicly dedicated open space from contiguous on-site lands. Any such density bonus shall be approved by the commission and council. No building permit for bonus units shall be issued prior to the dedication of open space. A density bonus of one to ten (10) additional units may be granted in exchange for the first ten (10) acres of publicly dedicated open space from on-site lands. No density bonus shall be granted for the open space dedication of lands smaller than ten (10) acres. For each contiguous acre of publicly dedicated open space exceeding ten (10) acres, up to one additional bonus residential unit may be awarded, at the discretion of the commission and council.
C.
Senior citizen housing residential density. The maximum density shall be fifty (50) units per acre. The granting of the full density shall be subject to city review and planning consideration and shall not be automatic.
(Prior code § 10-2.21506)
The development standards for setbacks, lot dimensions, lot coverage, parking, and height in the PC District shall be as follows:
A.
For single-family residences on traditional lots which are fifteen thousand (15,000) square feet or less in size, the R1-10 standards set forth in Chapter 14.06 shall apply; on lots fifteen thousand and one (15,001) to thirty-three thousand (33,000) square feet in size, the R1-20 standards set forth in Chapter 14.10 shall apply; and on lots thirty-three thousand and one (33,001) square feet or more in size, the R1-40 standards set forth in Chapter 14.12 shall apply;
B.
For single-family residences in a cluster subdivision, the standards set forth in Section 14.62.200 shall apply; provided, however, the maximum coverage for all structures over six feet in height shall be twenty (20) percent of the total area of the development site;
C.
For senior citizen housing, the PUD/SC standards set forth in Section 14.62.210 shall apply; and
D.
For community facilities, the standards set forth in Chapter 14.70 shall apply.
Existing facilities which do not meet the standards set forth in this section may be allowed to remain provided the commission and council find that their nonconformity will not be detrimental to the health, safety, or welfare of persons living or working in the vicinity or injurious to property or improvements in the vicinity.
(Prior code § 10-2.21507)
The following conditions shall be required for development in the PC District:
A.
That the site and structures be in single ownership and/or control, unless otherwise excepted by the commission and council; and
B.
That no use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable to persons residing or working in the vicinity by reason of odor, fumes, smoke, dust, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic or to involve any hazard of fire or explosion.
(Prior code § 10-2.21508)
Applications for development in the PC District shall consist of Phase I: Master Plan, and Phase II: Development Plan. The submittal and approval of a completed master plan shall precede any submittal of a development plan for a given site. Site development may occur in stages. Each stage of proposed new site development shall be accompanied by a development plan which is consistent with the approved site master plan. Where existing facilities on the site are proposed to remain, a development plan shall be submitted for their continued existence and for any major improvements or additions proposed for the given facilities. All phases shall be reviewed in the same manner as set forth in Sections 14.56.110 through 14.56.140 of this chapter and shall be accompanied by a fee set by the council by resolution.
A.
Applications for Phase I: Master Plan shall consist of the following:
1.
A site study to include, but not be limited to, the following:
i.
The existing environmental conditions affecting the site (topography, slopes, soil types, vegetation, wildlife, floodplains, waterways, drainage patterns, groundwater resources, traffic patterns, public services, surrounding land use, aesthetics, archaeology, and other topics as defined by the city);
ii.
The adjacent and nearby land uses;
iii.
The potential opportunities and constraints to site development due to any consideration related to subsection (i) of this subsection;
iv.
Site specific development guidelines based upon the findings of subsections (i), (ii), and (iii) of this subsection; and
v.
The rationale for proposed features of the master plan map;
2.
A master plan map which indicates:
i.
The topographic character;
ii.
The existing improvements;
iii.
The proposed circulation plan;
iv.
The surface waterways;
v.
The areas proposed as public and/or private open space, including areas unsuitable for development, due to floodplains, steep slopes, natural hazards, or other constraints;
vi.
The major areas of vegetation;
vii.
The areas of anticipated development phasing; and
viii.
The density by development area; and
3.
A general development schedule which includes:
i.
The description of the project;
ii.
When feasible, the anticipated timing for each section of the development for which specific uses are intended or for which specific sectional development plans will be submitted;
iii.
The approximate area of each section of the development;
iv.
For residential development or residential sections of the development:
a.
The approximate number of dwelling units proposed by type of dwelling. This may be stated as a range with the maximum number of units of each type;
b.
The approximate total population anticipated in the entire development;
c.
The approximate land area and number of sites proposed for public uses of each type; and
v.
For the development of community facilities:
a.
The types of uses proposed; and
b.
Significant applicable information with respect to enrollment, residence, employment, attendance, and other sociological characteristics of the development.
B.
Applications for Phase II: Development Plan shall consist of the following:
1.
The parcels of land intended to be dedicated or reserved for public parks, or public open space, or otherwise dedicated or reserved to the public;
2.
The open spaces set aside for private open space and/or for the use of the residents of the development in common;
3.
The types of residential and nonresidential structures and site locations therefor;
4.
The locations of garages and parking;
5.
The pedestrian walks and malls and other trails;
6.
The vehicular access and circulation;
7.
The location of all walls, fences, and screening;
8.
A preliminary tree planting and landscaping plan;
9.
The preliminary plans and elevations of all structures;
10.
Drafts of appropriate restrictive covenants, drafts of documents providing for the maintenance of common open spaces, drafts of any dedication of open spaces and other properties, drafts of any dedication of development rights as required by this section, and any other documents to be submitted to the Real Estate Commission of the state;
11.
Tables showing the total number of acres in the proposed development and the percentage designated for each of the proposed dwelling types and for nonresidential structures and uses, off-street parking, streets, parks, and open spaces;
12.
Tables showing the overall density of the proposed residential development;
13.
A time schedule indicating when construction is to begin, the anticipated rate of development, and the approximate completion date, including any stage construction;
14.
A plan indicating the location of all existing trees, other than fruit or nut, and other prominent natural features;
15.
Preliminary grading plans; and
16.
Preliminary drainage plans.
C.
Prior to the public hearing scheduled before the commission as set forth in Section 14.56.120, the development plan shall be reviewed by the architecture and site control committee which shall report its findings to the commission.
(Prior code § 10-2.21510)
Both phases (Master Plan and Development Plan) shall be reviewed in the following manner: After an application has been filed, the planning department staff shall review such petition and shall then prepare a written staff report to accompany the petition to the commission at the first public hearing. The staff report shall include at least the following:
A.
A map showing the existing zoning of the subject property and the adjoining properties, regardless of jurisdiction;
B.
Comments (which may be illustrated with drawings or maps) as to whether the proposal generally conforms to each of the elements of the adopted general plan;
C.
General design comments;
D.
Any other comments deemed appropriate by the staff; and
E.
Any illustrative drawings, maps, or plans deemed appropriate by the staff.
(Prior code § 10-2.21511)
The commission shall hold at least one public hearing on each phase of the submittal. Notices of such public hearings shall be given not less than ten (10) days and not more than thirty (30) days prior to the date of the hearing by publishing a notice in a newspaper of general circulation within the city and mailing of notices to the recorded legal owners of all properties within five hundred (500) feet of the boundaries of the site at the addresses shown on the latest adopted tax roll of the county.
(Prior code § 10-2.21512)
A.
At the time and place set for the public hearing before the commission on an application for the approval of a master plan or a development plan, the commission shall consider the petition and the accompanying evidence along with the report of the architecture and site control committee and shall make a specific finding on each of the following issues:
1.
Whether the proposed plan is necessary to the public health, safety, comfort, convenience, prosperity, or welfare;
2.
Whether the proposed plan is in accordance with the objectives of the zoning plan as stated in Chapter 14.02; and
3.
Whether the proposed plan under the circumstances of the particular case will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.
B.
If the finding on each of such issues is positive, the commission may recommend to the council that the plan be approved. If the finding on one or more of such issues is negative, the commission may deny the application. Disapproval by the commission shall be final; however, the applicant may appeal the decision to the council within fifteen (15) days after the date of the decision of the commission. The appeal shall be in writing by the applicant to the city clerk and shall be accompanied by a fee set by the council by resolution.
(Prior code § 10-2.21513)
A.
In the case of approval or an appeal, the council shall set the matter for a public hearing. Notices of such hearing shall be given in accordance with the provisions of Section 14.56.120 of this chapter. At the time and place set for the public hearing before the council, the council shall consider the petition and the accompanying evidence along with the report of the commission and shall make a specific finding on each of the following issues:
1.
Whether the proposed plan is necessary to the public health, safety, comfort, convenience, prosperity, or welfare;
2.
Whether the proposed plan is in accordance with the objectives of the zoning plan as stated in Chapter 14.02; and
3.
Whether the proposed plan under the circumstances of the particular case will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.
B.
If the finding on each of such issues is positive, the council may approve the application. If the finding on one or more of such issues is negative, the council may deny the application.
(Prior code § 10-2.21514)
The approval of a master plan shall be binding upon the applicants and their successors and assigns and shall run with the land. The master plan approval shall not allow development. The number of units approved in the master plan approval shall be considered the maximum number of units for the entire site area. The exact number of units which can be constructed in any site area shall be determined at the time of the development plan approval. The approval of a development plan shall be generally consistent with the master plan. The approval of a development plan, including all conditions attached thereto, shall be binding upon the applicants and their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use, and maintenance of all land and structures within the development.
(Prior code § 10-2.21515)
A.
An approved master plan which has not been fully implemented within seven years after the date of approval or conditional approval shall automatically become null and void, and, before any development shall proceed, the applicant shall again file for master plan approval in accordance with the provisions of this chapter. The council, upon a request, and after the receipt of a report by the commission, may grant such extension of the development period as the council deems advisable; not, however, to exceed three years.
B.
An approved development plan which has not been fully implemented within three years after the date of approval or conditional approval shall automatically become null and void, and, before any development shall proceed, the applicant shall again file for development plan approval in accordance with the provisions of this chapter. The council, upon a request, and after the receipt of a report by the commission, may grant such extension of the development period as the council deems advisable; not, however, to exceed two years.
(Prior code § 10-2.21516)
A.
Minor modifications in the master plan and/or development plan may be permitted upon approval by the architecture and site control committee if the modifications will not result in changes in the uses or the character of the development, increases in coverage and/or density, increases in amounts of traffic generated, increases in parking or loading requirements, or reduction in the number of off-street parking and/or loading spaces.
B.
Proposed major modifications to the master plan and/or development plan shall be processed by the reinitiation of the master plan process as set forth in Sections 14.56.100 through 14.56.140 of this chapter.
(Prior code § 10-2.21517)
(As provided in Chapter 14.68 of this code.)
(Prior code § 10-2.21518; Ord. No. 2015-414, § 12, 9-8-2015)