This Part
3 provides specific standards for the design of developments as well as requirements for improvements. Minimum standards of design are specified for each element of design or improvement. This article outlines the general goals of this Part
3. The provisions of these standards may be waived by the approving body upon written request by the applicant, provided the applicant provides appropriate alternatives which demonstrate compliance with the desired outcome to a higher degree or will produce more desirable results than application of a specific standard.
No owner of land shall proceed with construction of any improvements
unless and until a land development plan is submitted and approved
under this Part 3. Subdivisions shall be governed by Part 2, unless
the proposal includes both subdivision and land development.
The design of a property shall be based upon an analysis of
the existing conditions on the site, including all natural and man-made
features. The analysis shall include an examination of the opportunities
and constraints of the site based upon the existing conditions. The
site analysis must also consider the relationship of the site to the
surrounding neighborhood. The project narrative shall summarize the
site analysis and how it influenced the design of the property.
Before considering requests for waivers or modifications of
the standards or requirements contained in this Part 3, the Commission
may require the applicant to prepare an alternative development plan
which complies with the requirements of this Part 3. The original
proposal shall then be considered in light of the alternative presented.
No construction-related permit, including foundation permits,
building permits, or other related permits, shall be issued for a
lot subject to land development review unless the plans approved under
this Part 3 have been approved and recorded and all improvements shown
thereon have been bonded. It is strongly recommended, but not required,
that applicants withhold application for such permits until approvals
under this part have been obtained, as significant changes may occur
during the approval process which could substantially alter the plans
required for those permits.
All permits necessary for the construction of improvements and buildings upon lots shown on an approved land development plan shall be obtained and substantially completed within two years of the date of approval. Lots which do not comply with this section will require new approval after the expiration of the fifth year. Application for such approval shall be made under the appropriate article(s) of this Part
3. Phasing plans for a longer-term construction phase may be considered for larger proposals or other special circumstances.
The following activities shall require land development review
under this Part 3. All land development reviews are conducted by the
Planning Commission and/or staff; however, if it is a low impact land
development, the review can be deferred. A land development review
shall be conducted by the Planning Commission and/or staff for the
following:
A. The improvement of one lot or two or more contiguous lots, tracts
or parcels of land or structures for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether
proposed initially or cumulatively, or a single nonresidential building
on a lot or lots regardless of the number of occupants or tenure;
or
(2) The division or allocation of land or space, whether initially or
cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features (pedestrian
or vehicular access or parking or landscaping).