§ 50-905. Application procedure and zoning approval process.

(a)

General. Whenever any planned unit development is proposed before any permit for the erection of a permanent building in such development shall be granted, and before any subdivision plat of any part thereof may be filed in the office of the county clerk, the developer or his authorized agent shall apply for and secure approval of such development in accordance with the procedures in this section.

(b)

Application for sketch plan approval.

(1)

In order to allow the planning commission and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the planning commission. The sketch plan shall be approximately to scale, though it need not be to the precision of finished engineering drawing, and it shall clearly show the following information:

a.

The location of the various uses and their areas in acres.

b.

The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.

c.

Delineation of the various areas intended to be used for residential purposes indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise, and general middle-income, moderate-income, elderly units, family units, etc.); plus a calculation of the residential density per gross acre (total area including interior roadways) for such area.

d.

The interior open space system.

e.

The overall drainage system.

f.

If grades exceed three percent, or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining such susceptible soil areas, if any.

g.

Principle ties to the community at large with respect to transportation, water supply, sewage disposal and power sources.

h.

General description of the provision of other community facilities, such as schools, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.

i.

A location map showing uses and ownership of abutting lands.

(2)

In addition, the following documentation shall accompany the sketch plan:

a.

Evidence of how the developer's particular mix of land uses meets existing community demands, to include areawide as well as local considerations.

b.

Evidence of the developer's compliance with respect to the provision of an adequate mix of housing for all economic levels.

c.

Evidence that the proposal is compatible with the goals of the county comprehensive plan.

d.

General statement as to how common open space is to be owned and maintained.

e.

If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the plan of this section shall show the intended total project.

f.

Evidence of any sort in the applicant's own behalf to demonstrate his competence to carry out the plan and awareness of the scope of such a project, both physical and financial.

g.

Average and maximum drainageway and streamflow discharges before and after development will be provided, based upon estimates of a registered engineer.

h.

Documentation of environmentally unique or endangered areas and the protection of natural and historical resources.

(3)

The planning commission shall review the sketch plan and its related documents, and shall render either a favorable report to the county commission or an unfavorable report to the applicant. The planning commission shall consult with other county departments such as county engineer, health and highways and obtain a written review.

a.

A favorable report shall include a recommendation that a public hearing be held for the purpose of considering the preliminary proposal. It shall be based on the following findings which shall be included as part of the report:

1.

The proposal conforms to the comprehensive plan.

2.

The proposal meets the intent and objectives of planned development as expressed in sections 50-902 and 50-903.

3.

The proposal meets all the general requirements of section 50-904.

4.

The proposal is conceptually sound in that it meets local and areawide needs and it conforms to accepted design principals in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of the elements both absolutely and to one another.

5.

There are adequate services and utilities available or proposed to be made available in the development.

b.

An unfavorable report shall state clearly the reasons therefore, and, if appropriate, point out to the applicant that might be accomplished in order to receive a favorable report. Failure of a proposed planned unit development to:

1.

Provide facilities in common ownership;

2.

Utilize innovative techniques; and

3.

Provide housing with accessory commercial uses shall result in denial if all three provisions are lacking, and may result in a denial if one or two of the provisions are lacking. This requirement shall not be interpreted to preclude denial on other grounds, including, but not limited to, for example, the failure to provide a range of housing costs.

(4)

The chairman of the planning commission shall certify when all of the necessary application material has been presented; and the planning commission shall submit its report within 30 days of such certification. If no report has been rendered after 30 days, the applicant may proceed as if a favorable report were given.

(c)

Application for final detailed site plan approval. After receiving conditional approval on a preliminary sketch plan, the approval for all necessary permits and curb cuts, the applicant may prepare his final detailed site plan and submit it to the planning commission for final approval; except that if more than 12 months has elapsed between the time of the planning commission's report on the preliminary sketch plan and if the planning commission finds that conditions have changed significantly in the interim, the planning commission may require a resubmission of the preliminary plan for further review and possible revision prior to accepting the proposed final site plan for review. The final detailed plan shall conform to the preliminary sketch plan that has received preliminary approval. It should incorporate any revisions or other features that may have been recommended at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission. An application for final site plan approval shall also contain:

(1)

The final site plan at a scale of 50 feet to one inch. Where more than one sheet is required to show the entire development, a key map shall be provided.

(2)

The lines of existing and proposed streets and sidewalks immediately adjoining and within the development or development stage.

(3)

An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivision, streets and easements within 500 feet of the applicant's property.

(4)

A topographic map showing contour intervals of not more than five feet of elevation shall be provided.

(5)

A final sketch plan including the following information:

a.

Title of drawing, including the name and address of the applicant.

b.

North point, scale and date.

c.

Boundaries of the property plotted to scale.

d.

Existing watercourses, including improvements and proposed changes.

e.

A site plan showing location, proposed use and height of all buildings; location of all parking and truck loading areas, with access and egress drives thereto; location and proposed development of all open spaces including parks, playgrounds and open space reservations; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of method of sewage disposal and location of such facilities; location and size of all signs; location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for nonresidential uses, if any.

(6)

A tracing overlay showing all soil areas and their classifications and those areas, if any, with moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation. This will be prepared by a qualified soils analyst.

(7)

The name of existing and proposed streets.

(8)

Typical cross sections of proposed streets and sidewalks.

(9)

Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.

(10)

Layout of proposed lots, including lot numbers and proposed numbering system for buildings.

(11)

The location and size of any existing and proposed sewers (stormwater and/or sanitary), water mains and pipes on the property or into which connection is proposed.

(12)

Provisions for water supply and sewage disposal and evidence that such provisions have received approval of the county department of health.

(13)

Locations of survey monuments.

(14)

A planting plan indicating locations, varieties and minimum sizes of trees to be planted and of existing trees to be preserved. Existing wooded areas need not be itemized, but should be generally described.

(15)

Brief specifications or reference to county standards for all public facilities to be constructed or installed within the development stage.

(16)

The final site plan shall clearly delineate the boundaries of any permanent agricultural or open space use, its acreage and its percent of the total planned unit development area.

(d)

Action on the final detailed sketch plan application. Within 30 days of the receipt of the application for final sketch plan approval, and after a duly advertised public hearing, the planning commission shall render a decision to the applicant and so notify the board of county commissioners. If no decision is made within the 30-day period, the final sketch plan shall be considered approved.

(1)

Upon approving an application, the planning commission shall endorse its approval on a copy of the final sketch plan and shall forward it to the board of county commissioners, who shall then hold a public hearing within 30 days of such approval.

(2)

Upon disapproving an application, the planning commission shall so inform the board of county commissioners. The planning commission shall notify the applicant in writing of its reason for disapproval. A copy of the appropriate minutes may suffice for this notice.

(3)

Upon approval the board of county commissioners, notice shall be forwarded to the zoning officer for issue of building permits.

(e)

Request for changes in sketch plan.

(1)

If in the detailed sketch plan development it becomes apparent that certain elements of the sketch plan, as it has been approved by the board of county commissioners, are unfeasible and in need of significant modification, the applicant shall then present his solution to the planning commission as his preliminary sketch plan in accordance with the procedures in subsection (d) of this section. The planning commission shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the sketch plan shall be considered as disapproved. The developer may then, if he wished, produce another sketch plan in conformance with the approved sketch plan.

(2)

If an affirmative decision is reached, the planning board shall so notify the board of county commissioners stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary sketch plan approval may then be given only with the consent of the board of county commissioners.

(f)

Staging. If the applicant wishes to stage his development, and he has so indicated, then he may submit only those stages he wishes to develop for sketch plan approval in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged, and a staging plan must be developed. It is the intent of this division that individual stages of the development will have an integrity of use in their own right so that, if for any reasons the entire development would not be completed, those portions of the development already constructed will be an asset to the community by themselves. Staging plans must take into account this objective, and developers proposing individual stages that deviate significantly from the overall character of the development should present convincing evidence that such a stage is indeed in keeping with this section.

(1991 LDR ch. 79, § 6.05(D); Ord. No. 2007-07, § 18, 11-20-2007)