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(A) Purpose and applicability. Applicants for master planned development, subdivision, or site design review on projects involving parcels or lots larger than one acre, and property owner-applicants for zone changes, are required to contact neighboring property owners, residents and tenants and offer to hold a meeting with them prior to submitting an application. This is to ensure that affected property owners are given an opportunity to preview a proposal and offer input to the applicant before a plan is formally submitted to the city, thereby raising any concerns about the project and the project's compatibility with surrounding uses early in the design process when changes can be made relatively inexpensively.
(B) Notice. Notice of the meeting must be given in writing and delivered in person, or by certified mail, to all of the property owners, residents and tenants whose property is located within 300 feet of the site, at their addresses of record at the Washington County Assessor's office, at least 14 days before the meeting and at least 21 days before submitting the application to the city. The notice must state the time, place, and purpose of the meeting, including a description of the proposed development.
(C) Meeting place, date, and time. The meeting must be held within the city limits at a location obtained or provided by the applicant with sufficient room for the expected attendance. The meeting place must be accessible to persons with disabilities. It must be scheduled at a date and time reasonably calculated to allow maximum participation by interested property owners, typically weekdays after 6:00pm or on weekends.
(D) Conduct of meeting. At the meeting, the applicant, or the applicant's agent/representative, must present sufficient information about the proposed development to inform the property owners in attendance of the nature of the proposal and impacts it may have on neighboring properties, including transportation impacts. Persons attending must be allowed to ask questions and make comments. The applicant, or the applicant's agent/representative, must make a sound or video recording or keep written minutes of the meeting that give a true reflection of the matters discussed at the meeting and the views of the participants. The applicant must also make a list of names of persons attending the meeting.
(E) Filing requirements. Proof of having held the meeting, even if no affected property owners attend, is required and must be submitted to the city with a land use application for the application to be deemed complete. Copies of the following information must accompany the land use application: a copy of the notice mailed, certified mail receipts, all addresses for which notice was mailed (e.g., copy of mailing labels), a certificate of personal service for those persons who were provided notice by personal service (including the date of service and the name of the person who provided service), a record or minutes of the meeting with a list of attendees, and copies of the meeting notice and all other written materials provided prior to or distributed at the meeting.
(Ord. 2021-08-02, passed 10-12-2021)
(A) The City Council shall establish by resolution, and may from time to time by resolution amend, a uniform schedule of fees to be paid at the time of filing any application requiring approval or action by the Planning Director, Planning Commission, or City Council under the provisions of the Zoning Code. In like manner, the City Council shall establish the fees to be paid for filing notice of appeal under the provisions of this code.
(B) The fees shall be for the purpose of helping to defray the costs of giving notice of hearing where required, and the expenses to the city in processing and investigating the applications and appeals. Copies of the fee schedule shall be kept at City Hall and shall be available for public inspection.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Land use approvals, with the exception affinal plat applications, zoning map or code amendments, and planned unit developments, which do not expire or in the case of preliminary plat expire after 4 years, shall become void if within 2 years of the date of the final decision a building permit has not been issued and/or no substantial construction has taken place. The City Council may extend the validity of the approval for an additional period not to exceed 1 year on request.
(B) If a decision is appealed beyond the jurisdiction of the city, the 1-year expiration period will not begin until the appeal is terminated.
(Ord. 2021-08-02, passed 10-12-2021)
SITE DESIGN REVIEW
The purpose of this subchapter is to advance all the following objectives in the public interest:
(A) Carry out the development pattern and plan of the city and its comprehensive plan policies through efficient and effective review of site development proposals;
(B) Provide a discretionary review path for projects that need or prefer more flexibility than is allowed by the clear and objective standards;
(C) Promote the public health, safety, and general welfare;
(D) Provide for adequate multimodal transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards; and
(E) Encourage efficient use of land resources and public services, and the provision of transportation options.
(Ord. 2021-08-02, passed 10-12-2021)
(B) Exceptions. Except as specified by a condition of approval of a prior city decision, or as required for uses subject to conditional use permit approval, site design review is not required for the following:
(1) Change in occupancy from one type of land use to a different land use resulting in no increase in vehicular traffic or development;
(2) Single-family detached dwelling (including manufactured home) on its own lot, except as required for properties within the Historic Resource Overlay Zone;
(3) A single duplex;
(4) Nonresidential building addition of up to 500 square feet or 20%, whichever is greater;
(5) Home occupation, except for those requiring a conditional use permit per § 151.077;
(6) Development and land uses that are already approved as part of a site design review or conditional use permit application;
(7) Public improvements required by city standards or as stipulated by a condition of land use approval (e.g., transportation facilities and improvements, parks, trails, utilities, and similar improvements), as determined by the City Planning Official, except where a condition of approval requires site design review; and
(8) Regular maintenance, repair, and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing, and similar maintenance and repair.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Site design review shall be conducted using the Type II procedure in § 151.232, except those proposals that exceed any one of the thresholds in division (B) below.
(B) Proposals exceeding any one of the thresholds below shall be reviewed using the Type III procedure in § 151.233:
(1) The proposed use's estimated vehicle trip generation exceeds 100 average daily trips, based on the latest edition of the Institute of Transportation Engineers (ITE) Manual;
(2) The use exceeds 20,000 square feet of gross leasable floor area; or the project involves more than one-acre total site area;
(5) The proposal involves a conditional use (new or expanded);
(6) The proposal involves a variance under § 151.323.
(Ord. 2021-08-02, passed 10-12-2021)
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