The content requirements for the Preliminary Plan submittal are listed in Chapter 1113 (Submittal Content Requirements). Preliminary development plans shall be reviewed and approved according to the following procedures.
(a) Municipal Staff and Consultant Review.
(1) Initial review. Within three (3) business days of receipt, the Community Development Administrator shall review the application and verify that the fees have been paid. If the submission is deficient, the Community Development Administrator shall notify the applicant of the changes and revisions or additional information needed.
When the application is complete the Community Development Administrator shall accept the application for review and forward copies of the proposed development plan to the City staff, Municipal Engineer and municipal consultants for their review and comments. Development plan submittals which propose new buildings, or modifications to the architectural design, style or exterior finish materials of an existing building, shall be transmitted to the City Architect for review and recommendations regarding compliance with the architectural design criteria and standards in the Planning and Zoning Code.
(2) Plan Review. The Municipal staff, Municipal Engineer, City Architect and municipal consultants shall review the plans for compliance with the Comprehensive Plan and other master plans of the City; municipal ordinances, standards and specifications; and compliance with accepted professional engineering and architectural standards and practices. A Preliminary Plans shall substantially comply with the approved Concept Plan. The reviewers shall prepare written comments of their findings and deficiencies noted; recommendations to Planning Commission and Council; and their suggestions to the applicant. The reviewers may recommend approval, approval with revisions, or denial. A plan reviewer who notes a deficiency, or recommends approval with revisions or recommends denial shall refer to the specific ordinance, standard or specification upon which such comment is based.
Written review comments shall be returned to the Community Development Administrator within the following time frames unless otherwise required by the Administrator:
A. A project of five (5) acres or less - 10 business days.
B. A project of more than five (5) acres - 15 business days.
(3) Review Comment. When all review comments have been received, the Community Development Administrator shall forward the comments to the applicant within three (3) business days of receipt.
A. If deficiencies are noted by the plan reviewers, the Community Development Administrator shall transmit the review comments to the applicant for correction and resubmittal. Thereafter, the applicant may correct the deficiencies and submit the plans for further review or may withdraw the submittal by sending written notice to the Community Development Administrator.
B. If the applicant fails to submit revised or corrected plans to the Community Development Administrator within six (6) months of the date when the review comments were transmitted, the application and all prior submittals and approvals shall terminate and be null and void.
(4) Planning Commission. When all deficiencies have been corrected and final recommendations have been received from all plan reviewers, the Community Development Administrator shall schedule the application for consideration at a meeting of the Planning Commission. The Community Development Administrator shall forward to the Commission copies of the application and all supporting materials, final staff review comments and recommendations, and other documents and information relevant to the Concept Plan.
(b) Planning Commission Action.
(1) The Planning Commission shall review the application and other documents transmitted by the Community Development Administrator, hear the testimony presented by the applicant, City staff and municipal consultants and review the submittal criteria in Section 1111.201 (Criteria for Preliminary Plan). The Planning Commission may request additional evidence, testimony, documents, studies and reports for a complete presentation and to allow thorough evaluation of the impact of the proposed project. The Commission shall discuss findings of fact (see Section 1111.021) upon which it shall base its decision. Planning Commission may impose terms and conditions of approval for compliance with the Code and other applicable City regulations.
(2) After closing the hearing and completing discussion of the application, the Commission may vote upon the application or direct the Community Development Administrator to prepare a written Announcement of Decision for action at a later meeting, incorporating findings of fact and terms and conditions of approval.
(3) The Planning Commission shall adopt an Announcement of Decision with findings of fact within 35 calendar days after closing the hearing. A decision or recommendation to approve shall include a finding of compliance with all applicable City regulations. A decision or recommendation to deny shall cite the specific Municipal standard, specification, ordinance or master plan with which the Plan does not comply.
A. Planning Commission's decision on a major subdivision shall be to approve, approve with conditions or deny the application.
B. Planning Commission's decision on a Planned Residential Development or condominium project shall be a recommendation to Council to approve, approve with conditions or deny the Plan.
(c) Council Action (for PRD [projects only). The Community Development Administrator shall forward to the Clerk of Council copies of the application and all supporting materials, final staff review comments and recommendations, the Planning Commission's Announcement of Decision and other documents and information relevant to the Preliminary Plan for a Planned Residential Development or a condominium development.
(1) Council shall review the application and other documents transmitted by the Community Development Administrator, hear the testimony presented by the applicant, City staff and municipal consultants and review the submittal criteria in Section 1111.201 (Criteria for Preliminary Plan). Council may request additional evidence, testimony, documents, studies and reports for a complete presentation and to allow thorough evaluation of the impact of the proposed project. Council shall discuss findings of fact (see Section 1111.021) upon which it relied in making its decision. Council may impose terms and conditions of approval for compliance with the Code and other applicable City regulations.
(2) After closing the hearing and completing discussion of the application, Council may vote upon the application or direct the Community Development Administrator to prepare a written Announcement of Decision for action at a later meeting, incorporating findings of fact and terms and conditions of approval.
(3) Council shall adopt an Announcement of Decision with findings of fact within 35 calendar days after closing the hearing. An approval shall include a finding of compliance with all applicable City regulations. Council shall act to approve, approve with conditions or to deny the Plan. Council shall approve the application if it complies with all Municipal standards, specification, ordinances and master plans. Council's decision shall be final and binding on the Municipality and the developer.
(Ord. 2635. Passed 1-13-11; Ord. 3040. Passed 12-13-18.)