18.36.080 Review

A. Pre-application Conference and Related Outline Development Plan. 1. Before submitting an application for a planned residential unit development, an applicant, at his option, may confer with the planning commission to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data. 2. a. It is the intent of this section to provide for an outline plan which can be prepared at a minimum expense to the developer, but which will give the planning commission, the city council, public agencies and neighboring property owners enough information to inform them of the basic policy decisions required by the proposal and to determine the relationship of the proposed development to the growth of the entire community. b. The outline plan should be sufficiently detailed to allow for effective judicial review, but detailed site plans are not necessary and residential and other areas can be shown schematically. 3. An outline development plan must include both maps and a written statement and must include a vicinity map as described in Section 17.04.030(25). 4. The maps which are part of the outline development may be in a general schematic form, and must contain the following information: a. The existing topographic character of the land; b. Existing and proposed land uses and the approximate location of buildings and other structures; c. The character and approximate density of dwellings; d. The approximate location of major thoroughfares; e. Public uses, including schools, parks, play grounds and other open spaces. 5. The written statement to accompany the outline development plan must contain the following information: a. An explanation of the character of the planned residential unit development and the manner in which it has been planned to take advantage of the planned residential unit development regulations. The statement should indicate whether the project is to be developed under the Condominium Ownership Act of 1963, Title 57, Chapter 8, Utah Code Annotated of 1953, as amended, as a home owner's association or with open spaces owned by a private entity; b. A statement regarding the desired change in zoning for the property in question; c. A statement of the present ownership of all the land within the planned residential unit development; d. A statement of proposed financing; e. A general statement relating to the expected schedule of development. 6. One copy of the maps and the written statement shall be provided to the planning commission for public display in an appropriate place within the Pleasant View municipal building during business hours of the offices therein. A second copy of the maps and the written statement shall be provided to the city's planning consultant for purposes of review. B. Approval of the Outline Development Plan. 1. Within thirty days after the filing of the outline development plan, the planning commission shall return the proposed plan to the developer with a written report relating to the compatibility of the plan to the city's comprehensive master plan, the desirability of the requested zoning change and any modifications or recommendations regarding the concepts presented in the outline plan. The planning commission may, at this time, instruct the developer to complete a formal application for the planned residential unit development and begin the preliminary development plan. 2. Approval of the outline development plan in whole or in part, shall not be binding on the city or any of its agencies, agents or employees. The outline development plan process is merely a convenience to the developer in deciding whether he wishes to risk further expenditure in pursuing his proposal. C. Preliminary Development Plan. 1. An applicant seeking approval of a planned development shall submit a preliminary development plan at either of the following times to the planning commission. a. If no outline development plan has been submitted and approved, at the time of application. b. If an outline development plan has been approved, within six months following its approval. 2. If an outline development plan has been submitted and approved, the planning commission may authorize the submission of preliminary development plans in stages. If a preliminary development plan covering at least twenty percent of the area of the outline development plan has not been submitted within six months following the approval of the outline development plan, the council may withdraw its approval of the planned development. In its discretion and for good cause, the planning commission may extend for three months the period for the filing of the preliminary development plan. 3. If the developer plans to complete the project on a phase basis, the preliminary site development plan for each phase must reflect plans for developing at least the minimum amount of acreage required for a planned residential unit development district of the density desired. The plan may, however, reflect the development of the entire project. The preliminary plan submitted to the planning commission must include all of the following information: a. Name of the proposed planned residential unit development; b. North point, scale of drawing and date; c. Boundary of the property to be developed (legal description accompanied by drawings); d. A plot plan for building sites and common open areas, showing the approximate location of all buildings, structures and improvements and indicating the open spaces around buildings and structures; e. Elevation and perspective drawings of all proposed structures and improvements except single-family residences and their accessory buildings. The drawings need not be the result of final architectural decisions and need not be in detail; f. Provisions for off-street parking and storage areas as required; g. Areas proposed to be conveyed, dedicated or otherwise reserved for parks, parkways, playgrounds, recreational buildings or other types of open space and open green space as required by this title; h. A map showing street systems in relation to buildings, common open space areas and open green spaces; i. A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the planned development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this circulation pattern must be shown; j. Provisions for sidewalks, pathways and curbs; k. Provisions for driveways for adequate ingress and egress to and from the planned residential unit development; l. Topography (to include any regrading); m. Soil structure and analysis; n. Provisions to handle storm water runoff; o. A landscaping and tree planting plan which will include all trees and shrubs by type; p. Location and description of any and all proposed signs; q. A development schedule indicating: i. The approximate date when construction of the project can be expected to begin, ii. The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin, iii. The anticipated rate of development, iv. The approximate dates when the development of each stage of the development will be completed, and v. The area and location of common open space that will be provided at each stage; r. Agreements, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its common open areas. 4. If the developers chose not to submit an outline development plan, the preliminary plan must contain the written statement required by subsection A(5) of this section. Subdivisions 1 through 5 of subsection A of this section must include a map showing in general schematic form enough of the area surrounding the proposed planned development to show the relationship of the planned development to adjacent uses, both existing and proposed. 5. In addition to subdivision 4 of this subsection, the developer shall provide the following as part of the preliminary development plan: a. The legal names and addresses of the project owners; b. The names and addresses of the engineer and/or surveyor of the planned residential unit development. c. The width of all existing and proposed streets and/or right-of-way easements. 6. The developer shall provide the planning commission with ten black and white prints of the preliminary plan. One print shall be delivered by the planning commission to each of the following for their recommendations: county recorder, city engineer, city fire department, county recreation department, county school board, and each agency or company furnishing telephone, electric, water or gas service. 7. The preliminary plot shall be reviewed by the planning commission which shall act on the plot as submitted or modified within sixty days after the presentation. D. Approval of the Preliminary Development Plan. 1. The planning commission shall review the preliminary development plan and shall approve the preliminary development plan if it is in substantial compliance with the outline development plan subject to any changes being made that may be required by the planning commission or other persons, agencies or companies designated in other sections of this chapter, and if it complies with all other standards for the review of the planned residential unit development which were not considered when the outline development plan was approved. 2. When an outline plan is not submitted to the planning commission prior to the submission of the preliminary development plan, the planning commission shall review and approve the preliminary plan subject to any changes being made that may be required by the planning commission or other persons, agencies and companies designated in other sections of this chapter if the plan is in substantial compliance with the requirements stipulated for a planned residential unit development in this chapter. 3. The planning commission shall notify the developer of any necessary changes within sixty days after its presentation. 4. Upon notifying the developer of its action to approve or disapprove the preliminary development plan and the reasons for doing so, the planning commission shall certify in writing its recommendations to the city council. 5. The planning commission shall, at the time it certifies a recommendation to the city council, which shall be within thirty days of the final submission of the preliminary development plan to the planning commission, request the city council to call a joint public hearing at the earliest possible date, to receive comments relating to the proposed planned residential unit development and to receive comments regarding the amending of the zoning map to allow the requested and/or recommended planned residential unit development district to be established. 6. The planning commission shall put on public display in a designated place within the Pleasant View municipal building copies of the preliminary plan and its accompanying documents of the time period between its approval of the planned residential unit development and the day following the public hearing. 7. The city council, after consideration of the comments received at the public hearing, shall approve with or without conditions, or disapprove the proposed planned residential unit development. If the planned residential unit development is to be completed on a phase basis the city council shall consider only the phase being proposed for immediate development. 8. Upon approval of the phase of the planned residential unit development to be immediately developed, the city council shall order the zoning map to be amended to reflect the zoning change for the approved phase as approved by the city council. E. Approval of Final Development. 1. Within six months following the approval of the preliminary development plan, the applicant shall file with the planning commission a final development plan containing in final form information required in the preliminary plan as well as any additional information required by the city for recording and/or engineering purposes. In its discretion and for good cause, the planning commission may extend for six months the period for filing of the final development plan. 2. The planning commission shall review the final development plan, and shall approve the final development plan if it is in substantial compliance with the preliminary development plan. The clerk of the council shall record the final development plan in the manner provided for recording plats of subdivisions. F. Failure to Begin the Planned Residential Unit Development. If no construction has begun or no use established in the planned development within one year from the approval of the final development plan, the final development plan shall lapse and be of no further effect. In its discretion and for good cause, the planning commission may extend for one additional year the period for the beginning of construction or the establishment of a use. If a final development plan lapses under the provisions of this section, the clerk of the city council shall remove the planned development from the zoning map and shall file a notice of revocation with the recorded final development plan. The zoning regulations applicable before the final development was approved shall then be revived and in effect. G. Issuance of Building Permits. The building inspector shall issue building permits for buildings and structures in the area covered by the approved final development plan in they are in conformity with the approved final development plan and with all other applicable ordinances and regulations. He shall issue a certificate of occupancy for any completed buildings or structures located in an area covered by the approved final development plan if the completed building or structure conforms to the requirements of the approved final development plan and all other applicable ordinances and regulations. H. Amendments to the Final Development Plan. No changes may be made in the approved final plan during the construction of the planned development except upon application to the appropriate agency under the procedures provided below: 1. Minor changes in the location, siting and height of buildings and structures may be authorized by the planning commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by this section may increase the area of any building or structure by more than ten percent. 2. All other changes in use, any rearrangement of lots, blocks and building tracts, any changes in the provision for common open spaces, and all other changes in the approved final plan must be made by the council, under the procedures authorized by this title for the amendment of the zoning map. No amendments may be made in the approved final plan unless they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community. 3. Any changes which are approved for the final development plan must be recorded as amendments to the recorded copy of the final development plan. I. Enforcement of Development Schedule. The construction and provisions of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units. At least once every six months following the approval of the final development plan the building inspector shall review all of the building permits issued for the planned development and examine the construction which has taken place on the site. If he shall find that the rate of construction of dwelling units is greater than the rate at which open spaces and open green spaces and other common areas and recreational facilities have been constructed and provided for, he shall forward this information to the council, which may revoke the PRUD zone amendment if steps are not taken by the developer to rectify the situation within a reasonable time. J. Control of the Planned Residential Unit Development Following Completion. 1. The planning commission shall recommend the issuance of a certificate by the clerk of the city council certifying the completion of the planned development, and the clerk of the city council shall note the issuance of the certificate on the recorded final development plan. 2. After the certificate of completion has been issued, the use of land and the construction, modification or alteration of any buildings or structures within the planned development will be governed by the approved final development plan to the extent the plan conflicts with the provisions of this zoning title. 3. After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedures provided below: a. Any minor extensions, alterations or modifications of existing buildings or structures may be recommended by the planning commission if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the area of any buildings or structures by more than ten percent. b. A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan. c. All other changes in the final development plan must be made by the council, under the procedures authorized by this title for the amendment of the zoning map. No changes may be made in the final development plan unless they are required for the continued successful functioning of the planned development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community. (Ord. 87-17.03 (part), 1987: prior code §34-13A-8)