Section 25.12.210 Procedure

a. Prior to filing any application for planned development approval, the prospective applicant shall, by letter to the planning director, request a preapplication conference with the planning department and relevant city staffs.

(3) A contour map (local governmental base maps may be used as applicable) indicating thereon existing utilities, buildings, watercourses, wooded areas and other significant existing conditions;

c. The applicant shall supply a list of names and addresses of any professional consultants advising the applicant and of any nonlocal governmental officials, neighborhood group leaders, neighbors or other individuals whom the applicant has reason to believe might be interested in attending such conference.

d. Upon receipt of such request, the planning director shall promptly schedule such a conference and shall notify the prospective applicant, and any public or private bodies, groups or individuals identified by the applicant as having an interest or considered by the planning director to have an interest in the subject matter, of the time and place of such conference.

e. The planning director or his delegate shall conduct such conference and its purpose shall be to broadly acquaint all parties with the proposals, views and concerns of all other parties at a time when positions are still flexible and adjustment is still convenient.

a. Purpose and Scope. The development concept plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character and nature of the entire proposed planned development without incurring substantial cost. The development concept plan is the basis on which the required public hearing is held, thereby permitting public consideration of the proposal at the earliest possible stage. In order to permit the city and the applicant to proceed with some assurance, approval of the development concept plan binds the applicant and the city with respect to the following basic parameters of development.

b. Application. Applications for approval of a development concept plan shall be submitted in ten copies and one reproducible to the planning director. A nonrefundable application fee, as established from time to time by the city council, shall accompany each application. Such fee may be based on the zoning, subdivision and planned development administrative costs and the costs of any hearings required. The application shall include:

(5) The names and addresses of all owners of record entitled to notice pursuant to Chapter 25.22 and under applicable statutes and the planning and zoning commission's rules of procedure;

(6) A survey, certified by a registered land surveyor, showing property boundary lines and dimensions, and elevations above mean sea level of the lot corners and at the proposed corners of the proposed structure (USC and GS Datum) if any part of the land is located in a -FW floodway overlay zone or a -FF floodway fringe overlay zone;

(7) A map of the existing site conditions, at a range of scale from ten feet to an inch to one hundred feet to an inch, which depicts all significant natural, topographical and physical features of the subject property including contours; location and extent of tree cover including single trees in excess of six inches in diameter; location and extent of watercourses and floodplains on or within one hundred feet of the subject property; existing drainage patterns; vistas; and soil conditions as they affect development;

(8) A map depicting the existing zoning and existing land use of the subject property and all land within five hundred feet thereof; and the following shall also be shown on this map: the approximate location of property lines and easements and location and size of existing streets, water mains and storm and sanitary sewers, gas lines or other underground installations;

(9) A written statement generally describing the proposed planned development; the description submitted for the preapplication conference may be used but expanded to indicate its relationship to the general plan and the policy statements;

(10) Schematic drawings, at a range of scale from ten feet to an inch to one hundred feet to an inch of the proposed development concept plan; such drawings shall show, at a minimum, the general location of motor vehicle, bicycle and pedestrian circulation; parking and loading areas indicating approximate number of spaces; public, common and private open space; the general placement and height of residential, commercial and other buildings and land uses; a generalized landscaping plan; and, generalized proposed land contours;

(C) A table showing the general categories of land use, the acreage devoted to each such use and the percentage of each use to the total site area; categories of land use shall include, but not be limited to: residential use by type of structure; commercial uses; industrial uses; public, common and private open space; streets; and off-street parking and loading areas, and

(12) If the planned development is proposed for construction in stages during a period extending beyond a single construction season, a schedule for the development of such stages shall be submitted, stating the approximate beginning and completion date for each such stage;

c. Waiver of Specific Submissions. At the conclusion of or any time following the preapplication conference required by subsection 25.12.210-1 of this section, any information or documentation required to be submitted by sub-subsection 2b may be waived by the director of planning on the basis that the particular item is not, in light of the type, size or scope of development proposed, necessary to a full and complete review of the proposed planned development or modified residential zone. Such waiver shall be in writing and a copy thereof shall be attached to the application.

d. Optional Submission of a Planned Development Site Plan. The applicant may, at his option, submit a planned development site plan for the proposed planned development simultaneously with the submission of the development concept plan. In such case, the applicant shall comply with all provisions of this subchapter applicable to submission of the development concept plan and to submission of the planned development site plan. The planning and zoning commission and the city council shall consider such plans simultaneously and shall grant or deny approval in accordance with the provisions of this Section 25.12.210.

e. Submission to Interested Agencies. Upon receipt of a completed application, the planning department shall transmit a copy of such plan to the manager of the engineering division, inspection services manager, fire chief, traffic engineer, public service director, environmental services director, superintendent of schools, health director, police department and such other parties as may be deemed by the planning department to have an interest in one or more aspects of the proposed planned development. Within ten days of the filing of the application, the agencies to which copies of the plan were submitted shall file comments on the plan with the planning department. A copy of all comments shall be available to the applicant before the public hearing.

(1) Within thirty days following the conclusion of the public hearings, the planning and zoning commission shall transmit to the city council its recommendation that the development concept plan either be approved, be approved subject to modifications, or not be approved. Such recommendation shall be in the form specified by Section 25.06.222. In considering the development concept plan and formulating its recommendation, the planning and zoning commission shall be guided by and shall in its recommendation specifically address, the standards made applicable to the proposed planned development by Chapter 25.74 of this title, or to the proposed modified residential zone by Chapter 25.46 of this title.

(2) The failure of the planning and zoning commission to act within thirty days following the conclusion of such hearing, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the development concept plan as submitted.

(1) Within thirty days following the receipt of the recommendation of the planning and zoning commission, or its failure to act as above provided, the city council shall either refuse to approve the development concept plan; shall refer it back to the planning and zoning commission for further consideration of specified matters; or shall, by ordinance duly adopted, approve the development concept plan, with or without modifications to be accepted by the applicant as a condition of such approval, and amend the official zoning map of the city to designate the area included in the approved plan as "planned development zone." Upon final approval, the official zoning map shall be changed to reflect the new zoning as follows:

(2) The failure of council to take action within the time limit herein specified shall be deemed a final denial of the application for planned development concept plan approval, but such denial by inaction shall be entitled to no presumption of validity if challenged by the applicant in any legal proceeding.

i. Action by Applicant. In the event a development concept plan is approved, or approved with modifications acceptable to the applicant, the applicant shall proceed to file a planned development site plan in accordance with the provisions of subsection 3, below. In any case where a planned development site plan has been submitted for processing concurrently with a development concept plan, the applicant shall proceed as provided in subsection 3g of this section.

j. Effect of Development Concept Plan Approval. Unless the applicant shall fail to meet time schedules for filing a planned development site plan or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this title or any approval granted pursuant to it, a development concept plan which has been approved, or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired, pending the application for approval of the planned development site plan by any action of the city without the consent of the applicant.

k. Limitation on Development Concept Plan Approval. Unless a site plan covering at least the area designated in the development concept plan as the first stage or unit of the planned development or modified residential zone has been filed within one year from the date the city council grants development concept plan approval, or in any case where the applicant fails to file a site plan and to proceed with development in accordance with the provisions of this title and the approved development concept plan, the approval shall expire and the planning director shall, without further direction, initiate an appropriate application to amend the official zoning map to return that portion of the planned development area or modified residential zone which has not received final approval to the classification it held prior to development concept plan approval, or to such other classification as the city council may direct.

a. Purpose. The planned development site plan is intended to particularize, refine and implement the development concept plan except in the case of short form procedure pursuant to Section 25.12.208. When approved, it serves in lieu of other provisions of this title as the use, space, bulk and yard regulations applicable to the planned development area except as the development concept plan expressly provides that pre-existing regulations shall remain in force, and except as in the case of overlay zones, the provisions of this title specify that the primary zone regulations prevail.

b. Application. Upon approval of the development concept plan, and within the time limits established in subsection 2k above, the applicant shall submit an application for a site plan approval to the planning director. The application may include the entire area included in the approved development concept plan, or one or more stages or units thereof in accordance with a staging plan approved as part of the development concept plan. The applications shall refine, implement and be in substantial conformity with the approved development concept plan. The applications shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the planning director, but shall in all instances contained at least the following information and documentation, which information and documentation, taken together, shall constitute a planned development site plan;

(5) A site plan drawn on permanent reproducible material suitable for recording and ten copies, at a scale of one hundred feet to an inch or forty feet to an inch with a sheet size of 22.5 by 24.5 inches, on one or more sheets, illustrating the proposed development and use of the property for which planned development site plan approval is sought and including the following:

(A) A survey, certified by a registered land surveyor, showing property boundary lines and dimensions, and elevations above mean sea level (USC and GS Datum) if any part of the land is located in a -FW floodway overlay zone or -FF Floodway fringe overlay zone;

(B) A scale drawing of the proposed location and arrangement of each principal and accessory building shall be shown, but may be contained within a construction site envelope which constitutes the limits of adjustment in building placement for purposes of obtaining a building permit. A principal and accessory building may be contained within the same envelope.

Dimensions shall be provided sufficient to establish the location and size of the construction site envelope, specifying the minimum separation of buildings and distances from the envelope to other significant on-site and off-site features or improvements. For land lying in a -FW floodway overlay zone or a -FF floodway fringe overlay zone, elevations of structures and the elevations of any floodproofing land forms shall be indicated in reference to mean sea level (USC and GS Datum). For land lying in a -FW floodway overlay zone, elevations shall be given for any changes in the shape of the land. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.

Buildings containing nonresidential uses customarily allowed in residential zoning classifications shall be identified as to general type, such as office, clinic, hospital, mortuary, nursing home, etc.

(ii) Commercial. Buildings by type of use which may be described by referencing an appropriate commercial zoning classification listing height, gross floor area and off-street parking and loading spaces all of which may be expressed in ranges.

(D) Location and width of vehicular and pedestrian circulation elements including: Streets and roadways; driveways and entrances with gradients shown; off-street parking spaces, loading spaces and access aisles; sidewalks, walkways and pathways; and where more than ten parking or loading spaces are shown at a site, the location of the area for snow storage shall be shown;

(E) An improvement plan showing location and width of streets: water mains; sanitary sewers; other utilities; floodways; special flood hazard areas; storm sewers, including surface and subsurface drainage and impoundment areas; and related facilities, and showing profiles and specifications thereof and compliance with the standards set forth in Chapter 25.74 of this title; however, such improvement plans and specifications need not be recorded;

(H) Location of natural open space and improved recreational areas, with the option of using the construction site envelope, and designated ads to public, common and private space, if applicable;

(i) For lands that slope less than approximately two percent, show spot elevations at all breaks in grade along all drainage channels or swales and at selected points not more than one hundred feet apart in all directions,

(6) A tabulation, with respect to the site plan, showing the total land areas and the land area occupied by each building type identified in the summary described in paragraph b(5)(c) above, plus the land area proposed to be devoted to off-street parking and loading, including aisles and covered space; streets; other accessory buildings; improved recreational areas and natural areas separated as to public, common and private space, where applicable. All tabulations shall be expressed in acres and as a percent of total development area;

(9) When the proposed planned development, or stage thereof, includes provision for public open space or service facilities a statement describing the provision that is to be made for the dedication or care and maintenance shall be submitted;

(13) A statement summarizing changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or data;

(14) Such other and further information as the planning and zoning commission shall, within fifteen days after submission of the site plan, request in writing from the applicant on the ground that such additional information is necessary to a full consideration of the site plan;

c. Waiver of Specific Submissions - Planned Development Site Plan. At any time following approval by the planning and zoning commission of a development concept plan, information or documentation required to be submitted under sub-subsection 3b of this section may be waived by the director of planning on the basis that the particular item is not, in light of the type, size or scope of development proposed, necessary to a full and complete review. Such waiver shall be in writing and a copy thereof attached to the application.

(2) Relocates approved circulation elements to any extent that would decrease their functionability, adversely affect their relation to surrounding lands and circulation elements; or reduce their effectiveness as buffers or amenities;

(3) Significantly alters the arrangement of land uses within the development or significantly alters stormwater retention and retardation facilities within the development, or the location, manner or velocity of the discharge of stormwater from the development and into a system;

(6) Departs from the development concept plan in any other manner which the city council shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed development.

(1) Within forty-five days following the submission of the planned development site plan, or such longer period as may be agreed to by the applicant, the planning and zoning commission shall, with such aid and advice of the various departments of the city as may be appropriate, review the plan.

(2) If the planning and zoning commission shall find substantial conformity between such plans and shall further find the planned development site plan to be in all other respects complete and in compliance with any conditions imposed by approval of the development concept plan, and with the provisions of this chapter and all other applicable federal, state and city codes, ordinances and regulations, it shall recommend approval of the planned development site plan.

(3) If the planning and zoning commission shall find that the planned development site plan lacks substantial conformity to the development concept plan but merits approval notwithstanding such lack of conformity, it shall transmit such plan to the city council together with its recommendation, in the form specified in Subchapter II of Chapter 25.06 of this title that the planned development site plan be approved.

(4) In any case where the planning and zoning commission finds that the planned development does not merit approval, it shall transmit such plan to the city council together with its recommendation, in the form specified in Subchapter II of Chapter 25.06 of this title, that the planned development site plan not be approved.

(5) The failure of the commission to act within the aforesaid time period shall be deemed a recommendation to the city council to approve the planned development site plan as submitted.

f. Action by City Council. Within thirty days, or such longer period as may be agreed to by the applicant, following the receipt of the recommendation of the planning and zoning commission, or its failure to act as above provided, the city council shall either refuse to approve the plan; shall refer it back to the planning and zoning commission for further consideration of specified matters; or shall, by resolution duly adopted, approve the planned development site plan, with or without modifications to be accepted by the applicant as a condition of such approval. The failure of the city council to act within the aforesaid time period shall be deemed a final denial of planned development plan approval.

(1) Within seven days following city council action, the planning director shall notify the applicant of the council's decision and, if approved, distribute a copy of the site plan as follows:

(2) A copy of the planned development site plan shall be forwarded to the city clerk for recording with the county recorder. All fees for recording shall be paid, in advance, by the applicant.

h. Building and Other Permits. Upon, but not before, recordation of the approved planned development site plan, and upon application by the applicant, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved planned development site plan; provided, however, that no such permits shall issue unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the city, in addition to this title, which are applicable to the permit sought have been satisfied.

i. Limitation on Site Plan Approval. Within two years after the approval of a planned development site plan, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall render void the planned development site plan approval and permits based on such approvals, and the planning director shall, without further direction, initiate an appropriate application to amend the official zoning map to return the planned development area or modified. (Ord. 2006-0415; 98/U-6424; 90/T-9105; S-38217, 1979; S-36970, 1978; S-33376, 1977; S-30424, 1976)