Sec. 35.1-43.15. General regulations for flexible space developments.
(a) Minimum area. Generally, the minimum area required to qualify for a flexible space development shall be five (5) contiguous acres of land. Where the project proponent can demonstrate that the characteristics of a proposed project site will meet the objectives of this article, the planning commission may consider projects of less acreage.
(b) Location of flexible space developments. Flexible space developments are permitted by right in I-1, restricted industrial districts, and I-2, light industrial districts. flexible space developments are permitted in B-5, general business districts, by conditional use permit (CUP), where the project proponent can demonstrate that the characteristics of the property will meet the objectives of this section and are consistent with the city’s comprehensive plan.
(c) Ownership. The tract of land for a flexible space development may be owned, leased, controlled, or under option by a single person or by a corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in the development or by the property owner’s authorized agent with the power of attorney to sign the application. In case of multiple ownership, the approved site plan shall be binding on all owners.
(d) Master plan. A master plan will be prepared and submitted for review by the planning division and the technical review committee (TRC). Once the master plan has been approved by the TRC, a preliminary site plan will be submitted to the planning division and the TRC for review and approval. This preliminary site plan may be prepared for each phase of a phased development. These site plans will be in substantial compliance with the master plan.
(e) Management and ownership of common open space and other common facilities in flexible space developments. All common open space properties and common facilities, such as recreation areas, shall be preserved for their intended purpose as expressed in the approved master plan. The developer shall provide for the establishment of a property owner’s association to ensure the maintenance of all common open space properties and common facilities. The property owners association shall be established pursuant to Sec. 35.1-56(c) of the city code. Flexible space developments with one owner will not require a property owners association.
(f) Fee schedule for flexible space development review. The fees for flexible space development review and action shall be the same as those for planned unit developments as set forth in Sec. 35.1-42.2 of the city code.
(Ord. No. O-04-117, 9-14-04)
Last updated date: 10/24/2006 5:25:57 PM