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This Section clarifies the differences between, and the intended use of, two (2) types of plans that the Manager may require to be submitted and approved before different types of development may proceed. It does not address plans prepared by or at the direction of the City, such as comprehensive plans, neighborhood plans, transportation corridor plans, or facility master plans. (Ord. 23-03)
A. A Land Use Plan is a plan required in some circumstances to show the proposed layouts of land uses, development intensities and densities, primary access points, green space, public open space systems and areas that should be preserved or protected, potential needs for public land dedications, and other aspects of proposed development at a conceptual level. The purpose of a Land Use Plan is to provide the City the information needed to evaluate how a proposed development may impact surrounding development without requiring the applicant to provide the levels of detail required on a Development Plan.
B. The Manager may waive or modify the level of detail required based on the type and scale of the proposed development and the type of application involved.
C. Land Use Plans are generally required in connection with applications for annexation of land and applications to rezone land. Details about Land Use Plans and the Land Use Plan review process are in Section 7.5.514 (Land Use Plan). (Ord. 23-03)
A. A Development Plan is a detailed plan for development that is used to confirm that proposed development will comply with all applicable requirements of this UDC and related regulations adopted by the City. Among other things, it is used to confirm compliance with the requirements in Article 7.2 (Zone Districts), Article 7.3 (Use Regulations), and those provisions of Article 7.4 (Development Standards and Incentives) applicable when a specific development is proposed.
B. Development Plans are generally required for all proposed development of primary land uses and primary structures except those that include only attached or detached single-family, two-family dwellings, or Accessory Dwelling Units. Development Plans are also generally required for significant expansions of existing buildings, significant changes of property use within an existing building, and conversions of vacant land for development (with exceptions).
C. Development Plan review may indicate that alternative measures beyond the applicable minimum standards may be required in order to address the Development Plan review criteria.
D. Details about Development Plans and the Development Plan review process are in Section 7.5.515 (Development Plan). (Ord. 23-03)
PART 4 GENERAL PROCEDURES
SECTION:
7.5.401: Pre-Application Meeting
7.5.402: Neighborhood Meeting
7.5.403: Application Submission
7.5.404: Fees
7.5.405: Determination Of Application Completeness
7.5.406: Public Notice
7.5.407: Meetings And Decisions
7.5.408: Referral To Planning Commission, FBZ Review Board, Or Historic Preservation Board
7.5.409: General Criteria For Approval
7.5.410: Conditions On Approvals
7.5.411: Final Decisions
7.5.412: Vested Rights
7.5.413: Limitation On Similar Application
7.5.414: Development Agreements
7.5.415: Appeals
A. Purpose: The purpose of the pre-application meeting is to:
1. Allow City staff to meet with applicants before an application has been prepared and submitted to introduce staff to the project;
2. Provide an initial informational review;
3. Identify and discuss with the applicant specific planning issues that might be associated with the project;
4. Determine whether a neighborhood meeting should be held prior to application submittal;
5. Inform applicant of required applications and associated approval processes; and
6. Determine whether the project will require review by the Land Development Technical Committee.
B. Applicability: A pre-application meeting may be required for those applications identified in Table 7.5.1-A. An applicant may voluntarily request a pre-application meeting before submission of all other applications. Pre-application meetings shall be voluntary for all applications where federal or state law or regulation requires that the City issue a decision on the application within a specified amount of time.
C. Effect: Any information or discussions held during the pre-application meeting shall not be binding on the City or the applicant. (Ord. 23-03)
A. Purpose: The purpose of a neighborhood meeting is to allow residents, business, and neighborhood groups in the area surrounding a proposed development project an opportunity to learn about the proposed land uses, size, height, and layout of the project at an early stage of the development process and to communicate directly with the City and the applicant about their issues, concerns, or comments either before or after an application is submitted.
B. Applicability: A neighborhood meeting may be required as indicated in Table 7.5.1-A.
C. Notification: Pursuant to Section 7.5.406 (Public Notice), mailed notice to each Neighborhood Association whose boundaries include the project site and to each property owner located within one thousand (1,000) feet of the project site, at least ten (10) days before a Neighborhood Meeting.
D. Location:
1. The neighborhood meeting shall take place at a location that is accessible to persons with disabilities.
2. The neighborhood meeting location shall be selected in coordination with Staff. (Ord. 23-03)
A. Authority to Submit Applications: Unless expressly stated otherwise in this UDC, applications reviewed under this UDC shall be submitted by:
1. The property owner or owners;
2. Authorized agents of the property owner(s);
3. Persons under contract to purchase the property subject to the application; or
4. The City Council, Planning Commission, Historic Preservation Board, Manager, or any other City department, division, section, or appointed board.
B. Application Timing: If an application is not submitted within one hundred and eighty (180) days after the pre-application meeting held in accord with Section 7.5.401 above, the Manager may require another pre-application meeting and neighborhood meeting in order to ensure that information provided regarding City requirements and neighborhood input are current.
C. Application Content:
1. Applications shall be submitted to the Manager in the format required by the City. Formatting requirements are available from the Planning Department or the City's website. In some cases this UDC requires the submission of additional information, documents, or materials. In addition, the Manager, Planning Commission, FBZ Review Board, Historic Preservation Board, or City Council may require that additional material be submitted with the application if they determine that such additional information is necessary to evaluate the impacts of the actions that are the subject of the application.
2. Prior to application submittal, an applicant may request in writing that the Manager waive or modify application submission if the required material is not necessary for review of the application. The Manager's decision as to required materials may not be appealed.
D. Multiple Applications: Applications may be filed concurrently. Each application will be reviewed by the appropriate reviewing authority as provided for in Part 7.5.1. The Manager shall delay decisions on administratively reviewed applications until Planning Commission, FBZ Review Board, Historic Preservation Board, or City Council have acted on the applications that require a hearing.
E. Withdrawal of Application: An application shall be deemed withdrawn and the review terminated if:
1. The applicant requests that the application be withdrawn; or
2. The applicant fails to respond or submit revised plans, reports, or correspondence to the Manager for more than one hundred and eighty (180) days following a request from the Manager. The Manager may extend the response period for good cause shown by the applicant.
F. Notification: Pursuant to Section 7.5.406 (Public Notice), mailed notice to each Neighborhood Association whose boundaries include the project site, and to each property owner located within one thousand (1,000) feet of the project site, no later than ten (10) days after filing the application. (Ord. 23-03)
A. Completeness Review: The Manager may return an incomplete application. An application is complete if it:
1. Contains all information and materials required by Section 7.5.403 (Application Submission);
2. Is in the form required by the Manager for submittal of the application; and
3. Is accompanied by the appropriate fee established for the application.
B. Incomplete Application:
1. The Manager shall notify the applicant of any deficiencies in the application. The applicant may correct the deficiencies and resubmit the application for a determination of completeness until the Manager determines the application is complete.
2. If the applicant fails to resubmit an application with any additional or corrected materials necessary to make the application complete within thirty (30) days after being notified of submittal deficiencies, the application shall be considered abandoned. No fee shall be refunded.
3. No application shall be reviewed for compliance with this UDC or scheduled for a public hearing by any review or advisory body until it is determined to be complete.
4. A decision by the Manager that an application is incomplete may not be appealed.
C. Complete Application: Upon determining that an application is complete, the Manager shall accept the application for review in accordance with the procedures and standards of this UDC. The Manager is authorized to refer any application to all interested or affected departments and agencies within and outside the City for their review and input. (Ord. 23-03)
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