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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)
A. Purpose: The purpose of this Section is to provide the procedures for public notice. Public notice serves to inform vicinity property owners, neighborhood associations, and the community of pending development projects along with the date, time, and place of public hearings including appeals of development projects.
B. Applicability:
1. Public notice shall be published, posted, or mailed, and may also be sent electronically, as indicated in this Section 7.5.406, Table 7.5.1-A, Section 7.5.5 (Administrative Decisions), Section 7.5.6 (Decisions Requiring a Planning Commission Hearing), and Section 7.5.7 (Policy Decisions by City Council), as applicable to the type of application being submitted, in accord with the standards of this Section 7.5.406.
2. Where the Manager determines that the size, complexity, or location of the project may create negative impacts on surrounding properties, the Manager may require that posted or mailed notice be provided at least ten (10) days before a Pre-Application Meeting for the project.
3. Mailed notice shall be required for the following:
a. At least ten (10) days before a Neighborhood Meeting;
b. At the time of submittal of an application that will be decided upon by the Planning Commission, FBZ Review Board, Historic Preservation Board, or City Council; and
c. At least fourteen (14) days prior to each public hearing.
C. Content of Notice: The content of the notice shall be established by City staff during the application review process. At minimum, the notice shall include:
1. The address(es) of the land subject to the application;
2. An area map of the development proposal;
3. A general description of the type of project; and
4. For any public meeting or hearing, the date, time, and place of the meeting or hearing.
D. Types of Notice:
1. Published (Newspaper) Notice: When required, notice shall be published in a newspaper or newspapers available in the City as designated for that purpose by the City Council. Notice shall be published between fourteen (14) and thirty (30) days prior to the date of the hearing, decision, or other event for which notice is being provided.
2. Posted (Sign) Notice:
a. When required, at least one poster providing notice shall be placed along each street or right-of-way frontage of the property subject to the application. The property shall be posted at least fourteen (14) days prior to the date of the hearing, decision, or other event for which notice is being provided.
b. The required poster shall be placed along the perimeter of the subject property in locations that are visible from adjacent public ways. Posting may also be outside the actual boundary of the project site if the Manager determines the alternative posting location offers more visibility for public notice.
3. Mailed (Letter) Notice: The Manager may require mailed notification at least fourteen (14) days before the scheduled meeting date to all Neighborhood Associations and property owners within one thousand (1,000) feet of the project site of the proposal. When required, notification shall be mailed within a reasonable time after submittal has been reviewed and accepted.
4. Electronic Notice: Notice may be sent electronically to property owners at the discretion of the Manager.
E. Neighborhood Association Responsibility: Each Neighborhood Association shall be responsible for providing notice of the association and contact information and neighborhood boundary information to the City. The association shall be responsible for updating the contact information and neighborhood boundary information on file with the City as needed. Failure of a Neighborhood Association or a specific officer or member of the association to receive notice due to inaccurate information on file with the City shall not be grounds for a delay of application review or public hearings or for appeal of the resulting decision.
F. Effect of Notice: Evidence that the required notices were published, posted, mailed, or sent electronically in accordance with this Section will be deemed effective and no delay request shall be granted on the grounds of ineffective or improper notice. (Ord. 23-03)
A. Applicability: An application shall be subject to review, hearings, recommendations, and decisions as indicated in Table 7.5.1-A.
B. Discussions: During consideration of an application, the Manager may consider alternative potential conditions. No discussion of potential conditions shall be deemed an attempt or intent to impose any condition that would violate the federal or state constitutions, statutes, regulations, or governing court decisions. Discussions of potential conditions to mitigate impacts do not reflect actions by the City unless and until the City takes formal action to attach that condition to a development approval.
C. Hearings:
1. Hearings shall be held at the date, time, and place for which public notice was provided in accordance with Section 7.5.406 (Public Notice). A hearing may be continued without additional notice provided that, prior to the adjournment or recess of the hearing, the body holding the hearing establishes and announces the date, time, and location at which the hearing will be continued.
2. Any person may present evidence or testimony during a public hearing, subject to the rules of procedure for the decision-making body holding the hearing.
D. Meetings and Decisions:
1. Manager: The Manager's decision on an application shall be deemed final and shall set forth the findings of fact together with conditions of approval considered necessary to mitigate impacts and protect the public health, safety, and welfare.
2. Planning Commission, FBZ Review Board, or Historic Preservation Board:
a. The Planning Commission, FBZ Review Board, or Historic Preservation Board shall announce its decision at the conclusion of the public hearing. The decision shall set forth any conditions of approval considered necessary to mitigate impacts and protect the public health, safety, and welfare.
b. The decision of the Planning Commission, FBZ Review Board, or Historic Preservation Board regarding matters over it has authority according to Table 7.5.1-A shall be deemed to be final agency action unless appealed to City Council pursuant to Section 7.5.705 (Appeals).
3. City Council:
a. Without further public notice or hearing, the City Council may:
(1) Refer the item back to the Planning Commission, FBZ Review Board, or Historic Preservation Board for further review or consideration;
(2) Affirm any decision of the Planning Commission, FBZ Review Board, or Historic Review Board that appears on the City Council agenda;
(3) Reverse any decision of the Planning Commission, FBZ Review Board, or Historic Review Board that appears on the City Council agenda; or
(4) Modify any decision of the Planning Commission, FBZ Review Board, or Historic Review Board that appears on the City Council agenda.
b. In all matters before the City Council the entire file of the Department pertaining to the matters shall be made a part of the record of the City Council. The file shall include at a minimum: the minutes from Planning Commission, FBZ Review Board, or Historic Preservation Board; maps; drawings; departmental reports; and applications.
c. In all matters before the City Council where an ordinance is required to give effect to a quasi-judicial land use decision or where an ordinance is accompanied by a related quasi-judicial application pursuant to Subsection 7.5.403D (Multiple Applications), Council shall vote on the ordinance on first reading without conducting a hearing or taking public comment. Hearings for the ordinance and any related applications shall be conducted prior to the second reading of the ordinance. City Council shall vote on related applications concurrent to the second reading of the ordinance. (Ord. 23-03)
A. The Manager may refer any application listed as an Administrative Decision in Part 7.5.5 (Administrative Decisions) to the Planning Commission, FBZ Review Board, or Historic Preservation Board for a decision.
B. When an administrative decision is referred to the Planning Commission, FBZ Review Board, or Historic Preservation Board, the Commission or Board shall hold a public hearing and make a decision pursuant to Section 7.5.407 (Meetings and Decisions) based on the same criteria that would have applied if the Manager had made the decision. (Ord. 23-03)
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