204 - PLANNED DEVELOPMENTS
Applications for a planned development district as required in chapter 17.108, shall be made to the planning director. Plans required for each step in the review process shall be submitted to the same office.
(Prior code § 150-272)
A.
The director of infrastructure and development shall be required to meet with the applicant. The director of the department of infrastructure and development shall be responsible for notifying the applicant of the time and place the conference is to be held.
B.
The purpose is to provide the developer with information concerning city policies, the requirements of this title and other related ordinances and to review the general outlines of the proposed development, evidenced by sketch plans, before submission of an application to the planning commission. Thereafter, the director of planning shall furnish the applicant written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing components of the application.
(Ord. 1976 (part), 2005; prior code § 150-273)
A.
An applicant shall submit for approval either an outline development plan or a preliminary development plan as described in this chapter. The outline development plan is an optional step in the application process for the purpose of providing the applicant early assurance that the project is acceptable in principal. Approval of the outline development plan shall constitute provisional approval of the proposed development contingent upon approval of the preliminary development plan.
B.
If an outline development plan is submitted, a public hearing shall be required before the planning commission. If an outline development plan is not submitted, then a public hearing before the planning commission shall be required on the preliminary development plan.
(Prior code § 150-274)
A.
Hearing and Approval.
1.
If an outline development plan has been submitted and given provisional approval, based on information in the outline development plan, the applicant shall file the preliminary development plan within six months following provisions approval of the outline development plan. The planning director shall refer the recommendations of the planning commission to the city council, and the council shall schedule a public hearing, give notice and provide an opportunity to be heard to each of the following:
a.
A person who is on record as having appeared at the hearing on the outline development plan;
b.
A person who has indicated in writing a desire to be notified;
c.
Other persons who may have an interest.
2.
City council shall then reapprove, disapprove or reapprove the development with modifications, if any.
B.
If an outline development plan has been submitted and approved, a preliminary development plan may be submitted in stages. If a preliminary development plan covering at least twenty (20) percent of the area of the outline development plan has not been submitted within six months following the approval of the development, then the provisional approval shall terminate unless, for good cause, the planning commission extends the period for filing of the preliminary development plan for three months.
(Prior code § 150-275)
If an outline development plan is prepared, it shall include maps and written statements described in this section. The information shall deal with enough of the area surrounding the proposed development to demonstrate the relationship of the proposed development to adjoining uses, both existing and permissible.
A.
The maps, which are part of the outline plan, may be in general schematic form and shall contain the following information, when appropriate for the development proposed by the applicant:
1.
The existing general topographic character of the land;
2.
Existing and proposed land uses;
3.
The character and approximate density of the proposed buildings;
4.
The approximate location of streets and major thoroughfares;
5.
Public uses, including schools, parks, playgrounds and other public open spaces;
6.
Common open space and developed open space and proposed facilities in the developed open space suitable for the anticipated occupants of the development.
B.
The written statements, which are a part of the outline development plan, shall contain the following, when appropriate for the development proposed by the applicant:
1.
An explanation of the character of the planned development and the manner in which it has been planned to take advantage of regulations pertaining to the type of development proposed;
2.
A statement of proposed financing;
3.
A statement of ownership of all the land within the proposed development;
4.
A general indication of the expected schedule of development.
(Prior code § 150-276)
A preliminary development plan shall be prepared and shall include the following information, where applicable:
A.
A map showing street systems, lot or partition lines and other divisions for management, use or allocation purposes;
B.
Areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, playgrounds, school sites, public buildings and similar public and semipublic uses;
C.
A plan for each building site, showing the approximate location of buildings and other improvements, and an outline of common and developed open space areas, indicating areas to be left in a natural state and improvements proposed in the developed open space;
D.
Elevation and perspective drawings of proposed structures;
E.
A development schedule indicating:
1.
The approximate date when construction of the project is expected to begin,
2.
The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin,
3.
The anticipated rate of development,
4.
The approximate dates when each stage in the development will be completed,
5.
The area, location and degree of development of common open space that will be provided at each stage;
F.
Agreements, provisions or covenants governing the use, maintenance and continued protection of common and developed open space areas;
G.
The following plans and diagrams, insofar as the reviewing body finds that the development creates special problems of traffic, parking, landscaping or economic feasibility:
1.
An off-street parking and unloading plan,
2.
A circulation diagram indicating proposed movement of vehicles, goods and pedestrians within the development, as well as to and from thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern shall be shown;
H.
If an outline development plan has not been filed, the preliminary plan shall contain a written statement, including enough information on the area surrounding the proposed development to show the relationship of the planned development to adjacent uses, both existing and permissible. Written statement shall also include:
1.
An explanation of the character of the planned development and the manner in which it has been planned to take advantage of regulations pertaining to the type of development proposed,
2.
A statement of proposed financing,
3.
A statement of ownership of all land within the proposed development;
I.
A landscaping plan showing the location, species, caliper or height at the time of planting of shrubbery and trees, as well as areas to be sown with grass;
J.
A preliminary subdivision plat in accordance with the requirements of Title 16;
K.
An economic feasibility report or market study.
(Prior code § 150-277)
A.
Within six months following approval of the preliminary development plan, the applicant shall file with the director of the department of infrastructure and development a final development plan containing, in final form, the information required in the preliminary development plan. The director of the department of infrastructure and development shall forward the plans to the planning office for review by the planning commission. In its discretion and for good cause, the planning commission may extend for six months the period for filing of the final development plan.
B.
If the planning commission finds evidence of material deviation from the preliminary development plan, the planning commission shall advise the applicant to submit an application for amendment of the development. An amendment shall be considered in the same manner as an original application.
(Ord. 1976 (part), 2005; prior code § 150-278)
The final development shall continue to control the planned development after it is finished. The following shall apply:
A.
The building official, in issuing a certificate of completion of the planned development, shall note the issuance of the approved final development plan.
B.
After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned development, where approved as part of the plan, shall be governed by the approved final development plan.
C.
After the certificate of completion has been issued, no change shall be made in development contrary to the approved final development plan without approval of an amendment to the plan, except that minor modifications of existing buildings or structures may be authorized by the planning commission if they are consistent with the purposes and intent of the final plan and do not increase the number of units or cubic footage of a building or structure.
D.
An amendment to a completed development may be approved if it is required for the continued success of the development, if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by related land use regulations.
E.
No modification or amendment to a completed development is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the area of the development, and all rights to enforce these covenants against any change are expressly reserved.
(Prior code § 150-279)
204 - PLANNED DEVELOPMENTS
Applications for a planned development district as required in chapter 17.108, shall be made to the planning director. Plans required for each step in the review process shall be submitted to the same office.
(Prior code § 150-272)
A.
The director of infrastructure and development shall be required to meet with the applicant. The director of the department of infrastructure and development shall be responsible for notifying the applicant of the time and place the conference is to be held.
B.
The purpose is to provide the developer with information concerning city policies, the requirements of this title and other related ordinances and to review the general outlines of the proposed development, evidenced by sketch plans, before submission of an application to the planning commission. Thereafter, the director of planning shall furnish the applicant written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing components of the application.
(Ord. 1976 (part), 2005; prior code § 150-273)
A.
An applicant shall submit for approval either an outline development plan or a preliminary development plan as described in this chapter. The outline development plan is an optional step in the application process for the purpose of providing the applicant early assurance that the project is acceptable in principal. Approval of the outline development plan shall constitute provisional approval of the proposed development contingent upon approval of the preliminary development plan.
B.
If an outline development plan is submitted, a public hearing shall be required before the planning commission. If an outline development plan is not submitted, then a public hearing before the planning commission shall be required on the preliminary development plan.
(Prior code § 150-274)
A.
Hearing and Approval.
1.
If an outline development plan has been submitted and given provisional approval, based on information in the outline development plan, the applicant shall file the preliminary development plan within six months following provisions approval of the outline development plan. The planning director shall refer the recommendations of the planning commission to the city council, and the council shall schedule a public hearing, give notice and provide an opportunity to be heard to each of the following:
a.
A person who is on record as having appeared at the hearing on the outline development plan;
b.
A person who has indicated in writing a desire to be notified;
c.
Other persons who may have an interest.
2.
City council shall then reapprove, disapprove or reapprove the development with modifications, if any.
B.
If an outline development plan has been submitted and approved, a preliminary development plan may be submitted in stages. If a preliminary development plan covering at least twenty (20) percent of the area of the outline development plan has not been submitted within six months following the approval of the development, then the provisional approval shall terminate unless, for good cause, the planning commission extends the period for filing of the preliminary development plan for three months.
(Prior code § 150-275)
If an outline development plan is prepared, it shall include maps and written statements described in this section. The information shall deal with enough of the area surrounding the proposed development to demonstrate the relationship of the proposed development to adjoining uses, both existing and permissible.
A.
The maps, which are part of the outline plan, may be in general schematic form and shall contain the following information, when appropriate for the development proposed by the applicant:
1.
The existing general topographic character of the land;
2.
Existing and proposed land uses;
3.
The character and approximate density of the proposed buildings;
4.
The approximate location of streets and major thoroughfares;
5.
Public uses, including schools, parks, playgrounds and other public open spaces;
6.
Common open space and developed open space and proposed facilities in the developed open space suitable for the anticipated occupants of the development.
B.
The written statements, which are a part of the outline development plan, shall contain the following, when appropriate for the development proposed by the applicant:
1.
An explanation of the character of the planned development and the manner in which it has been planned to take advantage of regulations pertaining to the type of development proposed;
2.
A statement of proposed financing;
3.
A statement of ownership of all the land within the proposed development;
4.
A general indication of the expected schedule of development.
(Prior code § 150-276)
A preliminary development plan shall be prepared and shall include the following information, where applicable:
A.
A map showing street systems, lot or partition lines and other divisions for management, use or allocation purposes;
B.
Areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, playgrounds, school sites, public buildings and similar public and semipublic uses;
C.
A plan for each building site, showing the approximate location of buildings and other improvements, and an outline of common and developed open space areas, indicating areas to be left in a natural state and improvements proposed in the developed open space;
D.
Elevation and perspective drawings of proposed structures;
E.
A development schedule indicating:
1.
The approximate date when construction of the project is expected to begin,
2.
The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin,
3.
The anticipated rate of development,
4.
The approximate dates when each stage in the development will be completed,
5.
The area, location and degree of development of common open space that will be provided at each stage;
F.
Agreements, provisions or covenants governing the use, maintenance and continued protection of common and developed open space areas;
G.
The following plans and diagrams, insofar as the reviewing body finds that the development creates special problems of traffic, parking, landscaping or economic feasibility:
1.
An off-street parking and unloading plan,
2.
A circulation diagram indicating proposed movement of vehicles, goods and pedestrians within the development, as well as to and from thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern shall be shown;
H.
If an outline development plan has not been filed, the preliminary plan shall contain a written statement, including enough information on the area surrounding the proposed development to show the relationship of the planned development to adjacent uses, both existing and permissible. Written statement shall also include:
1.
An explanation of the character of the planned development and the manner in which it has been planned to take advantage of regulations pertaining to the type of development proposed,
2.
A statement of proposed financing,
3.
A statement of ownership of all land within the proposed development;
I.
A landscaping plan showing the location, species, caliper or height at the time of planting of shrubbery and trees, as well as areas to be sown with grass;
J.
A preliminary subdivision plat in accordance with the requirements of Title 16;
K.
An economic feasibility report or market study.
(Prior code § 150-277)
A.
Within six months following approval of the preliminary development plan, the applicant shall file with the director of the department of infrastructure and development a final development plan containing, in final form, the information required in the preliminary development plan. The director of the department of infrastructure and development shall forward the plans to the planning office for review by the planning commission. In its discretion and for good cause, the planning commission may extend for six months the period for filing of the final development plan.
B.
If the planning commission finds evidence of material deviation from the preliminary development plan, the planning commission shall advise the applicant to submit an application for amendment of the development. An amendment shall be considered in the same manner as an original application.
(Ord. 1976 (part), 2005; prior code § 150-278)
The final development shall continue to control the planned development after it is finished. The following shall apply:
A.
The building official, in issuing a certificate of completion of the planned development, shall note the issuance of the approved final development plan.
B.
After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned development, where approved as part of the plan, shall be governed by the approved final development plan.
C.
After the certificate of completion has been issued, no change shall be made in development contrary to the approved final development plan without approval of an amendment to the plan, except that minor modifications of existing buildings or structures may be authorized by the planning commission if they are consistent with the purposes and intent of the final plan and do not increase the number of units or cubic footage of a building or structure.
D.
An amendment to a completed development may be approved if it is required for the continued success of the development, if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by related land use regulations.
E.
No modification or amendment to a completed development is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the area of the development, and all rights to enforce these covenants against any change are expressly reserved.
(Prior code § 150-279)