17.107.050 Procedure for Approval and Effect of Approval.
The PRD approval process shall take place in three (3) stages: pre-application review; review of preliminary plan; and final approval. PRD projects may be developed in phases, subject to an approved phasing schedule.
(1) Pre-Application Review. The pre-application plans of the proposal shall be submitted to the city planner for review and comment. Such potential problems as drainage, topography, circulation, site design, and neighborhood impact should be identified and addressed before the proposal is submitted for preliminary review.
(2) Review of Preliminary Plan.
(a) Application Requirements. The applicant shall submit the following material:
(i) A reproducible preliminary plan showing all information required for a preliminary plat by 13.80.080. The plan shall display the general layout of all proposed structures, common areas and facilities, and circulation elements including walkways, bike paths, and parking in sufficient detail to show relationships between these elements;
(ii) all information required for preliminary review of a subdivision by 13.80.060;
(iii) proposed covenants that prescribe architectural design elements for all structures to be built within the PRD, addressing such matters as general architectural style, building size, roof material and design, exterior surfaces, and accessory structures;
(iv) a map of the surrounding area in sufficient detail to show existing uses within three hundred (300) feet from all PRD project boundaries;
(v) explanatory material describing the characteristics of the PRD project and the planned construction schedule for the project;
(vi) a landscape plan drawn to scale which may be combined with the site plan showing the general layout of existing and proposed vegetation, including vegetation to be removed, as well as fences, walls, and other landscaping improvements.
(b) Review by Site Plan Review Committee. The SPRC shall review the proposal using the criteria of Chapter 17.135 and make recommendations to be considered by the planning commission and included in the planning commission’s recommendation to the City Council.
(c) Planning Commission and City Council Review Procedure. The planning commission shall make recommendations and the City Council shall review the proposal as contained in the preliminary plan under the provisions of 17.180.030 and 17.180.040.
(d) Review Criteria. The planning commission and the City Council shall review the preliminary application for conformity with the Comprehensive Plan, this Title, Chapters 13.80 and 13.90 of this Code as now existing and in accordance with any amendments that may hereafter be made thereto, and the following additional criteria:
(i) compatibility with existing and planned land use in the vicinity; and
(ii) adequacy of assurances that the PRD will be developed as presented in the application.
If the development plan calls for the construction of the PRD in phases, then the reasonableness of the schedule of phasing shall be considered. Each completed phase must independently of other phases of the development plan satisfy the development regulations of the approved PRD plan.
(e) Effect of Preliminary Approval. The preliminary plan as approved or approved as modified by the City Council shall be binding as to the general intent and apportionment of land for structures and buildings, stipulated use, circulation pattern, and conditions of approval, but shall not be construed to render inflexible the ultimate design, specific uses, or final plan of the PRD.
(f) Denied Preliminary Applications. If the City Council denies a proposal contained in a preliminary application, a similar proposal for the site may not be submitted for one (1) year. A new preliminary application which varies materially from the denied proposal, as determined by the city planner, or one that satisfies the objections stated by the City Council may be submitted at any time.
(3) Final Approval and Effect of Approval.
(a) Final Plan. Within three (3) years after approval of the preliminary proposal by the City Council, the applicant shall submit a final development plan to the city planner for approval by the City Council. The city planner shall review the plan and submit it to the Council along with his or her recommendation and the recommendation of the director. This plan shall contain final drawings of graphic information required by 17.107.050(2). The applicant shall also submit all covenants, assurances, homeowners’ association papers, maintenance agreements, and any other documentation consistent with the preliminary approval given by the City Council.
(b) City Council Review. If the City Council finds that the final development plan conforms to the preliminary approval and all applicable conditions thereto, and assurances have been submitted which are satisfactory to the City Council, the Council shall approve the plan and its accompanying conditions as an amendment to the Official Zoning Map; and shall incorporate by reference all maps, drawings, and other data required to specify the precise land use authorized. This amendatory ordinance shall legally describe the boundaries of the approved PRD and shall bear the file number of the application. An official file shall be maintained by the department of public works and shall contain all maps and other documents or exhibits referred to or incorporated in the amendatory ordinance. The city clerk or finance director shall record the ordinance with the County Auditor if no subdivision plat is to be recorded. The PRD shall be identified on the Official Zoning Map by the suffix “PRD” attached to the zone designation for the underlying district (e.g., R3-PRD) and reference shall be made to the amendatory ordinance number.
(c) Effect of Approval. The provisions of the amendatory ordinance shall be restrictions on the use and design of the site. Adoption of the amendatory ordinance shall not alter the underlying zone classification for the site, but shall only allow development to occur in a different way consistent with the underlying zoning. Revocation of approval or abandonment as provided in this chapter shall eliminate all requirements imposed by an approved PRD plan and shall cause the previous underlying zoning regulations to be exclusively operative.
(d) Expiration. If the applicant does not submit the final development plan to the city planner within the time allowed, or if the Council does not approve the final plan, the preliminary approval shall expire and be of no further validity. The Council shall act on a final development plan for a PRD within ninety(90) days of its submission to the Council.
(e) Extension. Under the procedure set forth in 17.175.050(2), the applicant may file an application for an extension of time within the time allowed for submitting the final development plan, along with the fee as set by City Council resolution. The city planner may approve successive one (1) year extensions by making a written finding that there is no material change in the proposal, and that the findings and conclusions of the original preliminary approval still apply. (Ord. 03-33 §42, 2003; Ord. 87-9 §1, 1987).