The content requirements for the Preliminary Development Plan (PDP) submittals are included in Chapter 1113 "Submittal Content Requirements". Development plans shall be reviewed and approved according to the following procedures and review criteria.
(a) Procedures.
(1) Administrative Review and Comment. The Community Development Administrator shall accept, review, distribute and receive comments from the Municipal staff, Municipal Engineer, City Architect and municipal consultants for a complete application according to 1111.01(e) and (f).
(2) Public Hearing - Planning Commission. An application, as initially submitted or revised by the applicant based on the administrative comments, above, shall be forwarded to the Planning Commission for a Public Hearing and subsequent review. The Community Development Administrator shall include copies of the application and all supporting materials, final staff review comments and recommendations, and other documents and information relevant to the Preliminary Development Plan. The Community Development Administrator, in consultation with the Chair of the Planning Commission shall schedule the application for Public Hearing at a meeting of the Planning Commission.
A. Publication of Notice. A Notice of Public Hearing shall be published in a newspaper of general circulation in the City at least ten (10) calendar days before the date of the public hearing. The notice shall include the date, time and location of the public hearing; the location of the property included in the Preliminary Development Plan; nature of development proposed; and a statement that any interested party may be heard.
B. Mailing of Notice. A Notice of Public Hearing shall be mailed at least ten (10) calendar days before the hearing to the applicant and all owners of land within 200 feet of a boundary line of the property included in the Preliminary Development Plan. The notice shall include the date, time and location of the public hearing; the location of the property included in the Preliminary Development Plan; nature of development proposed; and a statement that any interested party may be heard. Failure of delivery of notice shall not be grounds to challenge action taken on the application.?
(3) Planning Commission Review.
A. At the close of the Public Hearing, 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 evaluate the application for consistency with the review criteria, in Section 1111.07(b) "Criteria for Preliminary Development Plans". In undertaking this review, the Planning Commission may:
i. Act on the application at the same meeting of the Public Hearing.
ii. Request additional evidence, testimony, documents, studies and reports for a complete presentation and to permit a thorough evaluation of the impact of the proposed project.
iii. Direct the Community Development Administrator to prepare a written report, which could include findings of fact and terms and conditions of approval summarizing the reasons for potential action to be considered by the Planning Commission at a subsequent meeting.
B. The Planning Commission shall discuss the project and findings upon which it shall base its decision. Planning Commission may require terms and conditions of approval for compliance with the Planning and Zoning Code and other applicable City regulations. The Planning Commission's action is a recommendation to City Council for final confirmation or modification.
C. Once the Planning Commission has acted on the application, 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, and the Planning Commission's findings and Record of Decision and any other relevant documents and information.
(4) Public Hearing - Council. An application, recommended by the Planning Commission, above, shall be forwarded to City Council for a Public Hearing and subsequent review. The Community Development Administrator shall include copies of the application and all supporting materials, final staff review and Planning Commission comments and recommendations, and other documents and information relevant to the Preliminary Development Plan.
A. Publication of Notice. A Notice of Public Hearing shall be published in a newspaper of general circulation in the City at least thirty (30) calendar days before the date of the public hearing. The notice shall include the date, time and location of the public hearing; the location of the property included in the Preliminary Development Plan; nature of development proposed; and a statement that any interested party may be heard.
B. Mailing of Notice. A Notice of Public Hearing shall be mailed at least ten (10) calendar days before the hearing to the applicant and all owners of land within 200 feet of a boundary line of the property included in the Preliminary Development Plan. The notice shall include the date, time and location of the public hearing; the location of the property included in the Preliminary Development Plan; nature of development proposed; and a statement that any interested party may be heard. Failure of delivery of notice shall not be grounds to challenge action taken on the application.
(5) Review and Decision by Council. 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 Subsection 1111.07(b), below, (Review Criteria for Preliminary Development Plan). Council may request additional evidence, testimony, documents, studies and reports for a complete presentation and to permit a thorough evaluation of the impact of the proposed project. Council may approve the Plan as approved by the Planning Commission; approve the Plan with terms and conditions of approval for compliance with the Planning and Zoning Code and other applicable City regulations; or deny the application. Council's decision shall be final and binding on the Municipality and the developer.
(b) Review Criteria for Preliminary Development Plan. The Planning Commission and Council, respectively, shall consider the comments and recommendations of the City staff, Municipal Engineer and municipal consultants. Before approving a Preliminary Development Plan, the Planning Commission shall determine that:
(1) The plan is consistent with the Comprehensive Plan and any other applicable Municipal master plans for the orderly development of the City.
(2) The proposed use is permitted in the zoning district.
(3) The preliminary design and layout will be reasonably able to comply with municipal ordinances, standards and specifications when the Final Development Plan and Construction Documents are completed.
(4) The existing and permitted uses and values of property in the neighborhood and surrounding area are preserved.
(5) The uses and buildings within the development shall be harmonious and compatible with the existing and permitted uses and buildings on adjacent property.
(6) The development preserves and promotes the natural characteristics of the site to the maximum extent practicable.
(7) Safe and efficient pedestrian circulation patterns are provided within the development and to adjacent property.
(8) Adequate public services, parking, and open spaces are provided.
(9) Adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas is provided.
(10) Points of ingress and egress to the development are designed to control and minimize traffic congestion and interference with traffic on adjacent streets and generated by adjacent properties and developments.
(11) Emergency vehicle access and circulation are provided.
(12) Storm water drainage within and through the site is maintained by the use of swales, water courses and drainage areas and the final design and engineering will be in compliance with City Ordinances. Storm water drainage control methods shall be incorporated in the Final Development Plan when required by the Municipal Engineer or by a government agency with storm water jurisdiction.
(13) The proposed conceptual landscaping is designed consistent with the intent of Chapter 1153 (Landscaping, Buffers and Lighting Regulations) and the site landscaping and screening will:
A. Maintain existing trees when possible;
B. Buffer and screen adjacent incompatible uses;
C. Reduce the visual impact of large areas of pavement with trees and other natural plant material; and,
D. Provide appropriate trees and plant materials considering the mature size and shape thereof, climate and weather conditions of the City and compatibility with the buildings and site.
(Ord. 3273. Passed 5-9-24.)