§ 19.02.010 — Purpose, applicability and effect

19.02.010 - Purpose, applicability and effect.

A. Purpose and Intent. The purpose of a land study shall be to delineate the sequence and timing of development within a proposed subdivision, where the tract to be developed is part of a larger parcel of land owned or controlled by the applicant, in order to determine compliance with the city's comprehensive plan and the availability and capacity of public improvements needed for the subdivision and the larger parcel. The purpose of the land study shall also be: 1. To elicit comment from the subdivider and the city technical staff regarding the proposed design of the land for the purpose of expediting subdivision application(s); 2. To reduce subdivision design and development costs when a subdivider proposes to phase the development or to develop various land uses; 3. To review and approve a general plan for the development of property including the layout of arterial streets, open areas, sites for public facilities, and utilities; 4. To determine the availability of existing services to the area, including street improvements, drainage, sewerage, fire protection, schools, parks and other such facilities within one mile abutting the proposed study area. B. Applicability. 1. When Required. Prior to submission or concurrently with any subdivision application, the subdivider shall file an application for approval of a land study with the city manager, or designee. A land study application shall include all contiguous holdings of the subdivider, including land in common ownership, which is proposed to be developed or subdivided within the meaning of this title. For purposes of this title, a land study shall be required in all instances unless the city manager or designee finds that: a. An approved detailed site development plan or generalized site plan incorporating the proposed development area provides sufficient information for the purposes outlined and the preparation of a plat; b. A preliminary plat is submitted for the entire proposed development area, allowing review of the phasing for the whole property; c. A finding made under this subsection shall be based on a determination by the city manager, or designee that the alternate plan or plat satisfies the purpose and intent of a land study submittal, and that the alternate plan or plat fully contains the information required for submission of a land study application. Where changes are made to an approved detailed site development plan, generalized site plan or preliminary plat that is used as a basis for a finding made by the city manager, or designee, the subdivider shall be required to submit a revised drawing of such approved plan or plat to the city manager or designee for proper recordkeeping. Failure to provide a revised drawing shall require that any subsequent subdivision application fully conform to the approved detailed site development plan, generalized site plan or preliminary plat on file; or d. A referral by the city manager or their designee made to the city plan commission to determine the applicability of a land study submittal, or to appeal a negative finding pursuant to this subsection. The city plan commission shall review all reports and recommendations presented by the city manager or designee and shall make a determination as needed on the applicability provisions, or the appeal as necessary. An action taken by the city plan commission shall be binding on all parties. 2. A land study shall be required for any division of land where proposed development of the tract is to occur in phases and is not covered by a preliminary plat or other document listed in subsections (B)(1)(b), (B)(1)(c) and (B)(1)(d) above. Phasing for the land study shall not exceed a time period of five years plus 2 two-year extensions. Provided however, any extension of a land study beyond this period by the CPC shall automatically extend the phasing period as well. The applicant shall submit a schedule showing the proposed phasing of development that shall be approved along with the land study. If the land subject to the land study is part of a larger parcel, the remaining land shall be shown as a remainder tract, but shall not be included within the land study. C. Effect. 1. Approval of a land study authorizes the subdivider to submit a preliminary plat application for each phase of development shown on the land study, subject to the phasing plan of development approved for the land. 2. Once a land study has been approved, all plats approved thereafter for the same land shall be consistent with the land study for so long as the land study remains in effect. Minor variations between the land study and the subsequent plat application(s) shall be permitted; in accordance with Section 19.02.070.

(Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009)