The purpose of this chapter is to establish development policies, procedures and standards necessary to review land development proposals in a timely manner and to ensure that land development is properly planned and executed with due consideration for public utilities, facilities and services, surroundings and environment, and general public health, safety and welfare. The provisions of this chapter will provide for more flexibility in land development and result in urban development which is more efficient in the use of land. These regulations will allow a better quality of living environment than could otherwise be obtained under restrictions imposed on a lot-by-lot basis.

(Code 1999, § 17.72.010; Ord. No. 96-347, § 1(11-19-1); Ord. No. 13-004, 4-8-2013)

The following large scale developments shall be permitted upon compliance with all applicable regulations and restrictions, including design standards (this Code) and municipal utilities policies (title 13 of this Code) and rezoning if necessary. The approved plan shall constitute the zoning requirements as applied to the land covered by the development:

A.

Planned unit developments;

B.

Manufactured home parks;

C.

Manufactured home subdivisions;

D.

Travel trailer parks;

E.

Community master plans, subject to the standards in section 17.72.200.

(Code 1999, § 17.72.020; Ord. No. 13-004, 4-8-2013; Ord. No. O25-009, Exh. A, 10-13-2025)

Any person wishing to construct a large scale development shall obtain from the department information pertaining to the city's plan of land use, streets, public facilities, and other requirements affecting the land within and around the development. Before a permit can be issued for any construction connected with a large scale development, a preliminary plan of development covering the entire development must be submitted, together with documents pertaining to the development, for approval by the director and a final plan of development covering any part of the plan to be constructed must be approved by the director. If the large scale development will be a subdivision, the approval of a plat is also required prior to the issuance of permits.

(Code 1999, § 17.72.030; Ord. No. 13-004, 4-8-2013; Ord. No. O25-009, Exh. A, 10-13-2025)

A.

Two copies of the preliminary plan of development shall be prepared and submitted to the department for review. If revisions are necessary, two copies of the revised preliminary plan of development must be submitted to the department. Electronic plan submissions will be allowed on a case-by-case basis as determined by the director.

B.

The preliminary plan of development shall be on a sheet or sheets of 24 by 36 inch proportions, drawn to a scale not smaller than one inch equals 100 feet, or as recommended by the department, and shall show the following information:

1.

Type and name of development;

2.

Name, and address and contact information of owner, applicant and designer;

3.

Date of preparation and date submitted;

4.

Scale of plan (written and graphic) and north point;

5.

Legal description of tract;

6.

Zoning boundary lines and zone designation of the subject property and in the area surrounding the development;

7.

Proposed street, driveway, and building site layout; include existing and proposed street right-of-way dedications;

8.

Typical street cross-sections;

9.

Profiles of all streets and roads showing direction of surface drainage. Profiles must be shown on separate sheets but at the same scale as the preliminary plan of development;

10.

Existing and proposed public utility (power and gas) lines easements, etc.;

11.

Location and size of existing and proposed water mains, gas mains, and fire hydrants;

12.

Location and size of existing and proposed sewers;

13.

Bridge, drain pipes, and culverts;

14.

Existing and proposed storm drains;

15.

Proposed reservations for parks, playgrounds, and open spaces;

16.

Types of dwellings and other buildings and structures and the general location of said buildings and structures on the building site;

17.

Preliminary drawings of floor plans of typical dwellings, along with elevations of such dwellings and other buildings;

18.

General planting plans showing the areas to be landscaped and the types of plants to be used in compliance with chapter 17.78;

19.

Size and character of recreation buildings and other structures proposed for the land, and facilities to be used by the occupants and guests of the occupants of the development;

20.

Tabulations showing:

a.

Area of land within the development (gross and net);

b.

Number of dwelling units permitted;

c.

Number of dwelling units proposed in the development;

d.

Percent of net area to be devoted to parks and playgrounds;

21.

Location of parking spaces;

22.

Comply with material specifications as per city standards;

23.

Any other data that the department or commission may require in order to enable it to understand the proposal;

24.

The director may modify or reduce the submittal requirements when, in his opinion, such change is warranted due to the complexity and scale of the project.

(Code 1999, § 17.72.040; Ord. No. 13-004, 4-8-2013; Ord. No. 16-001, 2-25-2016; Ord. No. O24-008, Exh. A, 10-14-2024; Ord. No. O25-009, Exh. A, 10-13-2025)

The following conditions and requirements shall apply to all large scale developments:

A.

In the event that the land contained within a large scale development is traversed by a proposed collector or arterial street shown on the general plan, said development shall be designed in accordance therewith, and the right-of-way across the development for said collector and arterial streets shall be dedicated to the public.

B.

All areas not covered by buildings, or by off-street parking space or driveways, shall be landscaped and maintained in accordance with good landscape practices and comply with chapter 17.78.

C.

The plan must be prepared by a licensed architect, landscape architect, civil engineer, or surveyor as required by the laws of the state.

D.

Ownership of private open space reservations shall be established in a manner acceptable to the director and made a part of the conditions of the plan approval.

E.

Size of community facilities and the quality of materials shall comply with city standards.

(Code 1999, § 17.72.050; Ord. No. 13-004, 4-8-2013; Ord. No. 16-001, 2-25-2016; Ord. No. O25-009, Exh. A, 10-13-2025)

A.

There shall be architectural unity and harmony within each large scale development and with the surrounding area.

B.

Grouping and spacing of buildings and structures shall provide for a restful and uncrowded environment.

(Code 1999, § 17.72.060; Ord. No. 13-004, 4-8-2013)

The following documents shall also be submitted with the preliminary plan of development:

A.

A declaration of management policies, covenants, and restrictions setting forth the responsibilities and duties of the renters, owners or occupants within the large scale development;

B.

An agreement between the developers and the city stating, among other things:

1.

That the developer will construct the project in accordance with approved plans;

2.

That in the event of failure or neglect on the part of the owners, successors or assigns to maintain the common areas, landscaping and other improvements in good condition, and in addition to any other rights, the city may perform the necessary maintenance work and for that purpose may enter in upon the land and do said work and charge the cost thereof, including reasonable attorney's fees, against the owners or their successors or assigns;

3.

That the contract shall be binding upon the heirs, assigns, receivers, successors of the project for the life of the buildings and project;

4.

That no building shall be allowed to be constructed in the open space shown on the plan, except for recreation buildings, as shown on the final plan of development approved by the director;

5.

If any of the land or buildings contained within a large scale development are to be divided into two or more separately owned units, a property owners association or a trust must first be established which will ensure proper maintenance of the common facilities. Such property owner association or trust must be approved by the city attorney as to form. It is unlawful to divide any large scale development into two or more separately owned units unless such property owner association or trust has been established which will provide, among other things, that each owner shall be subject to a prorated charge for the maintenance of the common property, that said charge shall constitute a lien upon said property in the event of the owner's failure or neglect to pay his or her pro rata share, and that the association or trust will assume the responsibility for maintaining the development premises in the event of the failure of any member of said association to pay his or her pro rata share. It is unlawful for a property owners association or trust to discontinue the maintenance of the development premises. In case of failure or neglect to comply with the conditions and regulations as herein established and as specifically made applicable to a large scale development, such failure or neglect shall be deemed to constitute a violation of this title. The city may also recover costs resulting from such failure or neglect by civil action.

(Code 1999, § 17.72.070; Ord. No. 96-347, § 1(11-19-7); Ord. No. 13-004, 4-8-2013; Ord. No. O25-009, Exh. A, 10-13-2025)

The department shall review the proposed preliminary plan of development for any large scale development. In considering the plans, the department shall make sure:

A.

That the development is consistent with the general plan for the city;

B.

That the development will constitute a living environment of sustained desirability and stability;

C.

That the development will not produce a volume of traffic beyond the capacity of the surrounding street system;

D.

That requirements for utilities, off-street parking, traffic circulation and other public requirements will be adequately met; and

E.

That the design criteria and intent of this title shall be adequately complied with.

(Code 1999, § 17.72.080; Ord. No. 13-004, 4-8-2013; Ord. No. O25-009, Exh. A, 10-13-2025)

Within 60 days of the date of application acceptance, the director shall review and consider the preliminary plan of development and documents. The director shall either approve them as submitted, deny them as submitted or refer them back to the developer for one or more of the following reasons:

A.

The development has been found to be inconsistent with either this title or the general plan;

B.

City staff requires that certain specific changes be made in the plans;

C.

The plans or documents have not been completed;

D.

Inadequate utility supply;

E.

Any other circumstance, issue or reason which is significant enough to require that the plan not be approved at this time.

(Code 1999, § 17.72.090; Ord. No. 13-004, 4-8-2013; Ord. No. O25-009, Exh. A, 10-13-2025)

A.

Denial of the preliminary plan of development by the director may be appealed to the council if the applicant asserts and documents that the director failed to process the application for approval of the preliminary plan of development. The appeal must be filed with the city clerk's office no later than 30 days from the date the director acted to deny the preliminary plan of development.

B.

The council shall consider the appeal at a duly noticed public hearing. The council may grant the appeal (approve the preliminary plan of development), deny the appeal (uphold the decision of the director to deny the preliminary plan of development) or remand the preliminary plan of development back to the director for consideration of a revised plan.

(Code 1999, § 17.72.092; Ord. No. 13-004, 4-8-2013; Ord. No. O25-009, Exh. A, 10-13-2025)

Upon approval of the preliminary plan of development for a large scale development, the commission shall, if necessary, recommend to the council that the zoning map be amended. The recommended zoning shall be a classification that permits the land uses proposed by the intended large scale development. The council shall hold a public hearing thereon in accordance with section 17.20.050.

(Code 1999, § 17.72.100; Ord. No. 13-004, 4-8-2013; Ord. No. O25-009, Exh. A, 10-13-2025)

Approval of the preliminary plan of development shall be valid for one year unless changing conditions require said approval to be rescinded by the director, in which case notice of such actions shall be given to the owners of the property.

(Code 1999, § 17.72.110; Ord. No. 13-004, 4-8-2013; Ord. No. O25-009, Exh. A, 10-13-2025)

Within one year after approval of the preliminary plan of development, the developer shall submit to the department for review a final site plan of either the entire large scale development or the first stage of such development. Such plan shall:

A.

Conform to the approved preliminary plan of development;

B.

Include all appropriate dimensions and easements, including the precise location of all utilities, streets, parking, parks, and other improvements;

C.

Include a landscape plan. Refer to section 17.76.030.B. and chapter 17.78 for standards;

D.

Contain all of the information required by this title, as well as all applicable information and plans required by the subdivision and building code ordinances of the city;

E.

Properly signed documents shall also be presented with the final plan;

F.

Development of boundary lines fully balanced and closed, and tied to an established city or county survey monument, with the location and description of all monuments, lot corners and other survey points in place.

(Code 1999, § 17.72.120; Ord. No. 13-004, 4-8-2013; Ord. No. 16-001, 2-25-2016; Ord. No. O25-009, Exh. A, 10-13-2025)

Development may be carried out in progressive phases in large scale developments, in which event each phase shall be so planned that the requirements and intent of this title shall be fully complied with at the completion of each phase.

(Code 1999, § 17.72.130; Ord. No. 13-004, 4-8-2013)

No permits for construction shall be issued within said large scale development until the final plan of development has been approved and the final plan of development and the documents required in section 17.72.150 are filed in the office of the county recorder. One copy of the final plan shall be retained in the office of the director.

(Code 1999, § 17.72.140; Ord. No. 13-004, 4-8-2013; Ord. No. O25-009, Exh. A, 10-13-2025)

In order to ensure continued maintenance of a large scale development, the developer shall record both the declaration of management policies and the agreement between the city and the developer in the office of the county recorder.

(Code 1999, § 17.72.150; Ord. No. 13-004, 4-8-2013)

A planned unit development (PUD) shall be combined with the residential zoning district that is most appropriate for the proposed use. The following supplementary and additional standards shall apply to a planned unit development:

A.

Not less than ten percent of the gross area of the development shall be designated as common open space which may be left as landscaped open area or developed for parks and playgrounds for the use of occupants. The land covered by roads and off-street parking and the yards surrounding buildings which constitute open space pertinent to individual dwelling units shall not be included in computing the required area for common open space. Landscaped open area shall comply with water efficiency standards in chapter 17.78.

B.

In addition to dwellings, the development may include schools, churches, project club houses, or other nonprofit or public recreation buildings, and other uses which may be permitted by the zoning. In a planned unit development containing 35 or more dwelling units, the development may also include a retail convenience center which shall be sized to meet the needs of this project and other residential development in the immediately surrounding area.

C.

The development shall contain not less than two acres.

D.

The number of dwelling units shall be limited to ten units per acre for townhouse developments and 16 units per acre for condominiums.

E.

The dwelling units may be situated in one or more buildings, provided the total number of dwelling units does not exceed the number of dwelling units permitted on one acre multiplied by the number of acres within the development. The buildings may also be clustered and individual lot sizes may be reduced below the requirements of the zoning.

F.

No building shall be constructed closer than ten feet to another building.

G.

Whenever a planned unit development is on the opposite side of a street from one or more existing dwellings, then front and side yard setback requirements pertaining to the land across the street shall also apply to the frontage within the development.

H.

The city prefers that all streets be public streets. If the city approves private streets, they shall be at least 30 feet in width of pavement.

I.

All streets and parking spaces shall be hard surfaced (asphaltic concrete or approved equivalent material) and constructed to minimum city construction standards and specifications.

J.

Property development standards in excess of the minimum standards herein specified may be imposed where it is determined by the council that such increased standards are necessary in order to ensure that the development will mesh harmoniously with adjoining or nearby uses of property and are necessary to accomplish the intent of planned unit developments. In the event that a developer does not desire to comply with the requirements of this chapter in obtaining approval of his or her development, he or she may develop his or her land in accordance with the requirements of the existing zone in which the development is located.

K.

A setback of 20 feet shall be provided on all public streets, and such setbacks shall be landscaped. Building setbacks from private streets shall be as shown on the approved plan.

L.

A minimum setback of 15 feet shall be provided on the periphery of the development (non-street sides).

M.

A minimum of two off-street parking spaces shall be provided for each dwelling unit. In addition, a separate area may be required for the parking of boats, travel trailers, and recreation vehicles, providing at least 180 square feet of parking area for each dwelling unit of the development.

N.

Maximum building height shall be 30 feet or two stories.

O.

In the event that the land contained within development is traversed by a proposed collector or arterial street shown on the general plan, said development shall be designed in accordance therewith, and the right-of-way across the development for said collector and arterial streets shall be dedicated to the public.

P.

With the exception of proposed variations in standards, the planned unit development shall comply with all of the requirements of the subdivision regulations.

(Code 1999, § 17.72.160; Ord. No. 13-004, 4-8-2013; Ord. No. 16-001, 2-25-2016; Ord. No. O25-009, Exh. A, 10-13-2025)

Wherever the term "mobile home" appears in this chapter, it shall be taken to also mean "manufactured home." Wherever the term "mobile home park" is used in this chapter, it shall be taken to also mean "manufactured home park." The following supplementary and additional standards shall apply to mobile home parks:

A.

A mobile home park shall be located adjacent to or not more than one-eighth of a mile from an existing or planned arterial or collector street.

B.

The mobile home park shall be in one ownership and shall remain in one ownership. The park shall contain not less than four acres of land.

C.

The minimum area of any mobile home space shall be 4,000 square feet. Maximum residential density shall be eight spaces per gross acre.

D.

Street lighting shall be provided along the private streets for the safety of pedestrians. Outdoor lighting shall comply with the requirements of chapter 15.32.

E.

Refuse collection areas shall be screened from public view.

F.

A minimum of two vehicular entrances shall be provided. No entrance shall be located closer than 50 feet to a street intersection.

G.

Exterior boundaries of the mobile home park shall be bound by a solid fence, or wall, having a minimum height of five feet and a maximum height of six feet.

H.

A recreational vehicle and boat storage area shall be provided.

I.

A minimum of two parking spaces shall be provided for each space and they shall be located on the space they relate to.

J.

Within six months of their location in the park, all mobile homes shall be adequately secured with anchors and tie-downs and shall be skirted on all four sides with material similar in appearance to the material used to cover the mobile home.

K.

The minimum distance between mobile homes excluding canopy and buildings in the same mobile home park shall be 20 feet.

L.

Each mobile home, including canopy, shall be set back from the exterior boundary of the park five feet.

M.

Each front yard shall have a depth of not less than five feet.

N.

Each side yard shall have a depth of not less than five feet as measured from the mobile home or canopy.

O.

Each rear yard setback shall be ten feet.

P.

Each street side yard setback shall be ten feet, excluding awnings or canopies.

Q.

Canopies, awnings or other structures to provide shade or protection from weather shall be open on three sides and shall setback a minimum of three feet from any interior street.

R.

There shall be a minimum of five percent of the total area of the mobile home development dedicated or reserved as usable open space land. Open space lands shall be clearly designated on the plan as to the character of use and development but shall not include:

1.

Areas reserved for the exclusive use or benefit of an individual tenant;

2.

Dedicated streets, alleys, and other public rights-of-way;

3.

Vehicular drives, parking, loading and storage areas; or

4.

Required setback areas at exterior boundaries of the site.

S.

Minimum width of private streets shall be 30 feet. Said streets shall have curbs and be paved with asphaltic concrete or approved equivalent material. Private streets shall meet the city construction standards.

T.

All utility lines shall be placed underground within the development. Each mobile home space or lot shall be provided with water, sanitary sewer, electric, gas and telephone lines if needed, in compliance with applicable city and/or county codes. Fire hydrants shall be installed as required by the city.

U.

Guest automobile parking areas shall be provided at a minimum ratio of one parking space for each three mobile home spaces.

V.

Travel trailer spaces can be developed in a mobile home park, subject to the development standards in section 17.72.190 and provided the number of travel trailer spaces is less than 50 percent of the total number of spaces in the mobile home park. Travel trailer spaces shall be set aside in a separate section of the park reserved solely for travel trailers.

(Code 1999, § 17.72.170; Ord. No. 13-004, 4-8-2013; Ord. No. O25-009, Exh. A, 10-13-2025)

Wherever the term "mobile home" appears in this chapter, it shall be taken to also mean "manufactured home." Wherever the term "mobile home subdivision" is used in this chapter, it shall be taken to also mean "manufactured home subdivision." The following supplementary and additional standards shall apply to a mobile home subdivision:

A.

A manufactured home on a lot in a manufactured home subdivision shall be located in accordance with the MHD zoning district standards found in section 17.68.010.

B.

A mobile home subdivision must also meet the requirements of the city's subdivision regulations.

C.

The minimum area of a mobile home lot shall be 5,000 square feet.

D.

Maximum residential density shall be six mobile home lots per gross acre.

E.

Minimum acreage development shall be five acres.

F.

There shall be a minimum of five percent of the total area of the mobile home development dedicated or reserved as usable common open space land. Common open space lands shall be clearly designated on the plan as to the character of use and development but shall not include:

1.

Areas reserved for the exclusive use or benefit of an individual tenant or owner;

2.

Dedicated streets, alleys, and other public rights-of-way;

3.

Vehicular drives, parking, loading and storage areas; or

4.

Required setback areas at exterior boundaries of the site.

G.

Exterior boundaries of the mobile home subdivision shall be bound by a solid fence, or wall, having a minimum height of five feet and a maximum height of six feet.

H.

Trailer and boat storage shall be provided.

I.

A minimum of two parking spaces shall be provided on each lot.

J.

All manufactured homes shall be attached to a permanent foundation.

K.

All mobile homes shall be set back at least 25 feet from all perimeter roadways.

L.

Roadway widths shall conform to the subdivision regulations.

(Code 1999, § 17.72.180; Ord. No. 13-004, 4-8-2013)

The following supplementary and additional standards shall apply to travel trailer parks:

A.

No exit or entrance from a travel trailer park shall be through a residential zone and no entrance or exit shall be located closer than 50 feet to the intersection of two streets;

B.

All travel trailers shall be set back at least 20 feet from any public street;

C.

All one-way roadways shall be at least 18 feet in width, and all two-way roadways at least 30 feet in width and all roadways shall be hard-surfaced;

D.

Each travel trailer space shall be at least 20 feet in width and at least 40 feet in length and shall be clearly marked on the ground;

E.

Each travel trailer park shall be held in one ownership and shall contain at least one acre of land;

F.

In addition to the above requirements, all travel trailer parks shall also conform to requirements of the plumbing code of the city, and to the regulations of the county and state health departments;

G.

Exterior boundaries of the travel trailer park shall be bound by a solid fence or wall having a minimum height of five feet and a maximum height of six feet.

(Code 1999, § 17.72.190; Ord. No. 13-004, 4-8-2013)

A.

Purpose. In order to encourage and promote large, planned communities that include innovative mixed-use design containing residential and/or nonresidential land uses, and as an alternative to, or in combination with conventional zoning and planned unit development requirements outlined in this chapter, the following community master plan (CMP) procedures and regulations are set forth in order to create attractive, harmonious and sustainable developments within the community. A CMP, if so specified at the time of approval, may include standards, regulations, and/or criteria that differ from conventional zoning district regulations. The CMP is further established to provide both the developer and the city with reasonable assurances that specific and proposed uses, and densities, intensities and phasing are not inconsistent with the city's adopted general plan. The designation "CMP" shall be added to any zoning district or PUD with which it is combined.

B.

Minimum requirements for CMP. CMP applications will only be accepted under the following conditions:

1.

The project site for which the CMP is proposed must be a minimum of 200 acres in size;

2.

The project site is under unified control at the time of application and planned as one community;

3.

The land uses and design of the CMP shall conform to the general intent of the city's adopted general plan.

C.

Permitted uses. All uses allowed in the city's zoning ordinance may be proposed as part of the CMP application.

D.

General plan compliance. This process shall constitute a specific area plan under A.R.S. § 9-461.08, and as such shall amend the city's general plan upon approval of the CMP.

E.

Standards and guidelines. The following standards and guidelines apply to all CMP applications:

1.

Design characteristics. The proposed CMP shall be designed to provide for the unified development of the area in accordance with the purpose of the district or districts in which the development is located. The design may provide for modification of yard, setback, minimum dwelling unit size or height requirements, or other variations consistent with the intent of this chapter. The design may provide for one or more dwelling unit types, and may consist of individual lots or it may have common building sites. Open spaces and/or common land shall be an essential and major element of the plan.

2.

Density of development. Maximum densities in the CMP shall be determined by conditions specifically applicable to the site such as topography, the character of the surrounding property, traffic movement, and adequacy of public services.

3.

Building height. No specific maximum; however, building heights that exceed that allowed by the underlying zoning and are not compatible with the surrounding area shall require the developer/applicant to submit a modification/waiver request for review and approval by council.

4.

Lot size. No minimum requirement, however, lot sizes not in compliance with underlying zoning district requirements shall require the developer/applicant to submit a modification/waiver request for review and approval by council.

5.

Yards. All yard setbacks shall comply with the requirements of the underlying zoning districts. Modifications/waiver to the yard requirements shall require the developer/applicant to submit a modification/waiver request for review and approval by council.

6.

Common space designation. Not less than ten percent of the gross area of the development shall be designated as common space for parks and playgrounds for the use of occupants. The land covered by vehicular roads and off-street parking and the yards surrounding buildings that constitute open space pertinent to individual dwelling units shall not be included in computing the required area for open space.

7.

Access. The streets within the proposed development must be public and within a public right-of-way, except that private streets may be permitted subject to city approval of pavement width and construction standards. Other driveways and pedestrian ways must be adequate to serve the residents and visitors of the CMP.

8.

Parking. Adequate off-street parking must be provided per city parking standards.

9.

Homeowners association. Homeowners associations may be required, and homeowners association documents shall be recorded, prior to certificate of occupancy permits being granted, for purposes of improving, operating and maintaining private common facilities, including drives, service areas, parking areas, recreation areas, and any other function reasonably required by council.

10.

Drainage. The CMP shall adhere to the drainage requirements set forth in the city drainage ordinance.

F.

Procedures for review and approval.

1.

CMP plan submittal. The application shall be considered in the same manner as a rezoning request and the same procedures shall be followed for application, review and public hearing. Upon final approval by council, the CMP shall be designated on the zoning district map in combination with the underlying zoning districts. Unless the CMP is to be constructed in one phase, the plan shall provide for staged development of the project with a proposed schedule for the phases. If significant changes to the proposed phasing or schedule arise, the applicant must update the city regarding the new phasing plan and/or schedule. Prior to the commission holding a public hearing for the proposed CMP, the city staff shall review the plan for conformance with all standards and ordinances.

2.

The CMP submittal shall include the following:

a.

Name of the CMP;

b.

A north arrow, scale (written and graphic), small location map, and the size of the site to the nearest one-tenth of an acre;

c.

The names and addresses of the record owners of the land and their agents;

d.

Names of adjacent property owners of unsubdivided land and the names of adjacent subdivisions;

e.

The location of the boundary lines of the site in relation to any section line, quarter-section line, and any corporate boundaries immediately adjoining;

f.

The existing topography of the site with contour intervals no greater than five feet, and the specific location of the 100-year floodplain, if applicable;

g.

The location of parking lots, drives, and walkways;

h.

The location and width of existing street rights-of-way, alleys, roads, railroad rights- of-way, trails and recorded easements; and the proposed location, width, and approximate grade for any new streets and trails;

i.

The location and size of existing and proposed sanitary sewers, water mains, storm sewers and natural gas mains within or adjacent to the site and any proposed easements;

j.

The types of dwelling units, other uses, and proposed density of development;

k.

The location and size, in acres or square feet, of all areas to be conveyed, dedicated or reserved as common open space, public parks, pedestrian ways, recreational areas, school sites, and similar public or semi-public uses;

l.

Signature blocks for council approvals on all exhibits considered part of the final CMP plan;

m.

The department, commission and/or council may require other plans or data as it deems necessary to review a specific site, including, but not limited to, the following:

(1)

Conceptual water master plan;

(2)

Conceptual wastewater master plan;

(3)

Master circulation study; and

(4)

Conceptual drainage study.

n.

Stormwater management plans, which shall include provisions for erosion control during construction;

o.

Any proposed waivers from the requirements of the subdivision regulations and the zoning ordinance.

3.

Modification/waiver process. The modification/waiver request process is for use by a developer/applicant when variations to the zoning and/or subdivision ordinances are proposed during the CMP process. This is done when proposing something that does not substantially alter the intent of city ordinances.

The developer/applicant is required to submit a written request for a modification/waiver with a written justification to demonstrate that what is proposed on the plan is equal to or better than the development standard. This must be done while still meeting the overall intent and objectives of the city's ordinances.

If said modifications, in the judgment of council, constitute an equal or more beneficial use of the site than provided for under the requirements of the zoning district in which the site of the CMP is located, city council, in its sole discretion, may grant the modifications.

4.

Development agreements are required as part of this process in order to fully document all approvals, waivers and cost sharing items unless waived by the city.

5.

The commission, after the public hearing, shall recommend, recommend with conditions or recommend denial of the CMP application. The commission shall forward the CMP application to council with its recommendation.

6.

The council, after review of the CMP application, may approve, approve conditionally, or deny the CMP application. Approval of the CMP application shall be binding upon the owners, their heirs and assigns until such time as city council may release such limitations on the use of the subject property under the procedures provided herein.

7.

Final approval of the CMP plan shall be deemed as satisfying the requirements of the subdivision regulations for a preliminary plat for any portion of the project for which the requirements have been met. Any modifications/waiver to the subdivision regulations proposed, as part of the CMP shall be clearly stated on the final CMP development plans. Such modifications/waivers shall be considered along with commission and council review of the development plans. The process for requesting a modification/waiver is outlined in subsection F.3.

8.

Unless otherwise agreed upon in a development agreement, the approval of a portion or all of a CMP that has satisfied the requirements of the subdivision regulations shall remain in effect for two years from the date of the council's decision. An applicant may request an additional two year extension.

9.

No building permit shall be issued for any construction in the CMP until a final subdivision plat for the property on which permits are requested has been approved by the council.

10.

Changes to land uses and/or roadway alignments that do not constitute a substantial change from an approved CMP plan may be authorized by the department director or assignee:

G.

CMP amendment process. An amendment to a CMP may be initiated by the property owner or owner's agent upon submittal of a written application as follows:

1.

The application shall be accompanied by a statement documenting the need for the amendment;

2.

The department director or assignee shall determine if the amendment would result in a substantial or non-substantial change to the CMP;

3.

A non-substantial change is one in which:

a.

Transfer of densities or lots from one parcel to another;

b.

Changes to the development standards, so long as said changes do not alter the impacted development standards or phase by more than 15 percent;

c.

Changes to the internal land use boundaries that do not increase the total number of dwelling units and the area of any land use does not increase by more than 15 percent (except that there shall be no resulting reduction in the amount of parks and open space);

4.

A substantial change is one in which:

a.

There is an increase in the number of dwelling units;

b.

There are provisions for arterial street intersections at locations not requested by the city and substantially different than presented in the approved CMP;

c.

There are densities and intensities not included in the approved CMP;

d.

There are changes to the designated open space, buffers or perimeter landscaping which was required in the approved CMP;

e.

There is a significant change to pedestrian or traffic circulation within the approved CMP or surrounding areas (as a result of changes to the CMP);

5.

If the request is determined to be a substantial change, the department director or assignee shall refer the request to the commission for public hearing and recommendation to council for review and action;

6.

The department director may administratively approve non-substantial changes. A decision of the director may be appealed to the commission.

(Code 1999, § 17.72.200; Ord. No. 13-004, 4-8-2013)