A. Executive Committee: An Executive Committee of the Plan Commission shall be established to review development plans. In exercising its authority over the review of Development Plans; the Executive Committee shall exercise all the powers and authority of the Plan Commission. The Executive Director of the Joint Planning and Building Department or the President of the Executive Committee may call a meeting of the Executive Committee in order to expeditiously review submitted Development Plans. The Executive Committee shall be established and govern its operation in accordance with the Plan Commission “Rules of Procedure.”
B. Pre-application conference: Prior to filing any application for development plan approval, the prospective applicant should request a pre-application conference with the Joint Planning and Building Department staffs. Such a request should include a general description of the nature, location, and extent of the proposed project and a list of any professional consultants assisting the applicant in respect to the development plan. The pre-application conference is intended to decrease costs for the applicant by eliminating any problems involved in the early stages of the development process.
C. The formal application:
1. Staff review:
(a) Upon submission of the formal application, development plan, and all other required materials, to the Joint Planning and Building Department, the Planning Department staff shall initiate an administrative review of the request by all affected city and/or county departments, the results of which shall be reported to the Executive Committee for its consideration.
(b) The City's Director of Development and/or the Board of Public Works and Safety in the city limits or the County Engineer in the county, shall review the drainage plan and submit a written report to the Executive Committee. The City's Director of Community Development and/or the Board of Public Works and Safety or the County Engineer, as may be applicable, may require additional information or documentation from the applicant, if necessary, to adequately review the drainage plan.
2. Executive Committee review: Upon receiving the application, development plan, staff report, and associated documents from the Planning Department staff, the Executive Committee shall review the request based upon:
(a) Consistency with the minimum development standards established by the zoning ordinance.
(b) Compatibility with surrounding structures and land uses.
(c) The design standards established in the Plan Commission's “Rules of Procedure.”
(d) General planning, zoning, and engineering standards established by the Comprehensive Plan, zoning ordinance, subdivision regulations, and other applicable city ordinances.
After considering the potential impacts of the proposed project on the character of the neighborhood, traffic conditions, public utility facilities, and such other matters pertaining to the general health, welfare, and safety of the city in light of the above referenced criteria, the Executive Committee shall render a decision on the application, either denying it, approving it, or approving it with specific stated conditions. During its review, the Executive Committee may consider comments from interested parties on the application. The Executive Committee may also continue their review from time to time as they may deem necessary.
3. Appeal from Executive Committee decision: Any person aggrieved of any decision of the Executive Committee in exercising their authority to review and approve development plans or any officer or department of the government effected by any decision of the Executive Committee, may appeal that decision to the full Plan Commission, providing that the appeal is submitted in writing to the office of the Joint Planning and Building Department no later than ten calendar days following the date of the Executive Committee's decision. Upon the receipt of such an appeal, the staff of the Joint Planning and Building Department shall place the appeal upon the Plan Commission's next agenda for their consideration.
D. Modifications to an approved development plan:
1. An approved development plan may be amended upon written application to the Joint Planning and Building Department.
2. The Department shall review the proposed modifications to certify whether they comply with all standards and requirements of the zoning ordinance and that no substantial deviation from the approved development plan has occurred. A “substantial deviation” shall include, but is not limited to:
(a) Modification of building locations which would affect setback distances or buffering from adjacent property.
(b) Relocation of an access point to the site.
(c) A major redesign of the parking areas and/or vehicular use areas.
(d) Fundamental change in the overall concept of the development.
(1) If the Department determines that the proposed modification is inconsistent with the standards and requirements of the zoning ordinance, or a substantial modification exists, the modified development plan must be resubmitted for approval to the Executive Committee prior to the issuance of an improvement location or building permit.
(2) If the Department determines that the proposed modification is consistent with the standards and requirements of the zoning ordinance, and that a substantial deviation does not exist, then the Department may approve the modified development plan and issuance of improvement location and building permits may occur.
(1980 Code, Ch. 156, § 9.04) (Ord. 1995-7, passed 6-5-1995)