(A) Process purpose and intent. The purpose of this section is to provide adequate review of applications for rezoning and/or development within the Innovation Districts. These procedures are intended to create an efficient and predictable review process for projects within the Economic Advancement Zone. The timing for reviews and approvals ensure that the EAZ is competitive with research and technology parks in other jurisdictions. Properties within the ID-5 District shall comply with procedures as provided for in § 153.051.
(1) Compatibility. It is the intent to ensure that development projects are completed in a manner generally harmonious with surrounding properties and without the endangerment of the health, safety, and general welfare of existing, prospective, or future owners, users, surrounding and adjoining properties, and the public.
(2) Coordination. These regulations and procedures are intended to ensure that development has adequate and efficient provision of facilities and/or infrastructure, land, rights-of-way, and easements, so as not to burden the fiscal resources of the city. These provisions include the construction of buildings and utilities, streets and sidewalks, landscaping, recreational open spaces, and other provisions meeting the standards of the city and the Community Plan, as required for the public good.
(B) Process summary. The following table provides an overview of the review procedures and requirements used in this section that apply to the Innovation Districts.
REVIEW PROCEDURE | ZONING CODE SECTION | REVIEWING BODY | APPLICATION |
Zoning Districts | |||
Rezoning | City Council | Rezoning applications for all Innovation Districts. | |
Development Plan Applications | |||
Pre-Application Review (optional) | 153.042(D) | Administrative Review Team | Non-binding review of applications prior to formal submission. |
Development Plan Application | 153.042(E) | As Applicable (see below) | Application submitted prior to commencing or modifying development on all or any portion of property in the Innovation Districts |
Administrative Review | 153.042(E)(5) | Administrative Review Team | Applications that comply with all requirements of the Innovation Districts |
Administrative Departures | 153.042(E)(6) | Administrative departures (See 153.042(E)(6)) | |
Site Plan | 153.042(E)(7) | Planning and Zoning Commission | Development in any Innovation District that fails to meet one or more of the District requirements; denials of administrative departures; review of conditions of ART approval when requested by applicant. |
REVIEW PROCEDURE | ZONING CODE SECTION | REVIEWING BODY | APPLICATION |
Development Plan Appeals | |||
City Council Appeal | 153.042(E)(9)(e) | City Council | Site plan denials by the Planning and Zoning Commission |
Conditional Use Reviews | |||
Conditional Use | Planning and Zoning Commission | Conditional uses as required in the Innovation Districts | |
(C) Pre-application meeting and procedures.
(1) Pre-application review. A request for a pre-application meeting shall be made in writing to the city on a form provided by the city for that purpose. The request shall also include, at a minimum, the following information:
(a) Ten copies of a site plan generally demonstrating the nature of the proposed development.
(b) A list of each possible administrative departure, as provided for in § 153.042(E)(6). Proposed administrative departures shall also be clearly noted on the required site plan.
(c) A fee as established by City Council.
(2) Scheduling. Upon written receipt of a request for a pre-application meeting, the city shall schedule the meeting no later than 14 days from the date when the request was submitted, unless a later date is otherwise mutually agreed to by the applicant and the Director. The city shall notify the applicants in writing or by email at least seven days prior to the meeting. The intent of the Innovation District review process will be to schedule the pre-application meeting as soon as practicable.
(3) Review timeframe. Prior to the meeting, the city shall distribute the submitted materials to other applicable city departments for input and recommendations. Applicable departments shall be notified of the pre-application meeting and shall be encouraged to send appropriate representatives.
(4) Informal feedback. During the pre-application meeting, the city shall provide the developer with a non-binding and informal review of the development proposal, and information on the procedures and policies of the city, including application review procedures that may be used.
(D) Development plan applications and procedures.
(1) Development plan applications. Prior to the development of any property within the Innovation Districts, a development plan application shall be submitted to the city on a form prescribed by the city. The development plan application shall include the elements indicated in § 153.042(E)(3). Development plan applications shall not be subject to filing deadlines as required for other development applications and may be submitted to the city on any date during its normal hours of operation.
(2) Review authorities. As part of the development plan review, the following entities shall be involved in the application review as specified.
(a) Administrative Review Team. Development plan applications within the ID-1, ID-2, ID-3 and ID-4 Districts shall be reviewed by the Administrative Review Team (ART). The ART shall consist of the following members or their designated representatives, and others appointed by the City Manager as deemed necessary, either as permanent or temporary members. The city may contract with qualified architectural consultants to assist with the determination for compliance with architectural provisions of the Innovation Districts and the EAZ Plan.
1. Director (Chair);
2. City Engineer;
3. Fire Chief;
4. Parks & Open Space Director;
5. Chief Building Official; and
6. Economic Development Manager.
(b) Planning and Zoning Commission. Applicants may submit development plan applications for site plan approval by the Planning and Zoning Commission in accordance with the procedures of § 153.042(E)(7) under the following conditions:
1. Approvals of the ART that include conditions for which the applicant wishes reconsideration.
2. Development plan applications within the Innovation Districts that fail to meet one or more of the requirements of the applicable District and are not eligible for an administrative departure.
3. Administrative departures denied by the ART.
(3) Contents of development plan applications. The development plan application shall include the maps, plans, designs, and supplementary documents itemized below. One copy of all required materials, including a site plan, shall also be submitted in appropriate digital formats, as determined by the city. The information submitted shall include the following:
(a) Site plans as required by the city, unless some materials are deemed unnecessary by the Director based on the nature and scale of the proposed development.
(b) Payment of a fee as established by City Council.
(c) A description of any requests for administrative departures as permitted in § 153.042(E)(6) listed in writing and clearly noted on the required site plan, including a description of the nature of the administrative departure, the specific provisions from which the administrative departure is being sought, how the application meets the requirements for approval under § 153.042(E)(6)(e)3., and other necessary illustrative materials describing the request.
(d) Site plans as required by the city, unless some materials are deemed unnecessary by the Director based on the nature and scale of the proposed development.
(4) Public notices. Written notice regarding applications received for administrative review or site plan approval shall be sent to the applicant, owner, and parcels of land within 300 feet of the property under consideration, as listed on the County Auditor's current tax list within ten days from the receipt of a complete application. The notice shall, at a minimum, indicate the property that is the subject of the request, describe the nature of the request, and indicate when and where written comments will be received concerning the request and, when applicable, the time, date and location of the Planning and Zoning Commission meeting at which the application will be considered.
(5) Administrative reviews.
(a) Upon receipt, the development plan application shall be distributed to the Administrative Review Team (ART) for review.
(b) The ART shall be responsible for reviewing all development plan applications and providing written input regarding the proposed development's compliance with the applicable requirements of the District.
(c) The ART shall meet as necessary to consider the development plan application. Applicants shall be given not less than five days notice of the ART review meeting, and may be required by the Director to attend any meetings of the ART.
(d) During the course of a development plan application review, the city shall schedule at least one meeting with the applicant to review the application. The applicant shall be given the opportunity to revise the application in response to the ART's comments.
(e) Within 28 days from the filing of the development plan application, unless otherwise agreed by the applicant and the city in writing, the ART shall be required to take one of the following actions:
1. Approve the development plan application when all of the requirements of the Innovation Districts and the intent of the EAZ Plan are met, including administrative departures as may be granted in accordance with § 153.042(E)(6)(f).
2. Issue a decision to permit the applicant to subject the development plan application to site plan approval by the Planning and Zoning Commission upon a determination by the ART that:
A. The application does not meet all of the requirements of the District and the standards of § 153.042(E)(8) or the intent of the EAZ Plan;
B. The application does not meet the requirements for the granting of administrative departures; or
C. The proposal has the potential for significant community impact that requires additional public review.
(f) Following the approval of an administrative review the applicant may apply for a certificate of zoning plan approval and building permit, consistent with approved development plan.
(g) A report shall be provided periodically to the City Council and Planning and Zoning Commission of Administrative Approvals by the ART.
(6) Administrative departures.
(a) Purpose. In certain instances strict enforcement of zoning and development requirements of the District may be either unreasonable or impractical. Therefore, a procedure for administrative departures from these regulations is provided to allow the flexibility necessary to adapt to changed or unusual conditions, both known and unforeseen, under circumstances that do not involve a change of the permitted use of the land or structure.
(b) Procedures. The ART shall be permitted to hear and grant requests for administrative departures that may modify the requirements in the Innovation Districts within the standards provided in division (6)(e), below.
(c) Application. A request for administrative departures may be submitted with a development plan application or at any time after the approval of a development plan application. If requested as part of a development plan application, the request shall be processed and reviewed concurrently with the development plan application.
(d) Review of these requests shall be subject to the same timing requirements that apply to development plan applications.
(e) Review by the Administrative Review Team (ART):
1. Requests. Requests for administrative departures shall be submitted to the ART for review in accordance with the procedures for administrative reviews.
2. Review criteria. The ART shall grant a request for an administrative departures provided the request meets the general purpose and intent of the District and one or more of the following criteria:
A. Is not so substantial in nature or degree that it represents a major divergence from the intent of requirements of the District;
B. Is necessitated by a condition related to the site, rather than simply as a means to reduce costs or a matter of general convenience;
C. If approved, would maintain the specific purpose of the requirements and conditions of the regulation that is the subject of the request; or
D. Is limited to that necessary to account for special site conditions or development requirements specific to an individual user.
3. Examples. The following is illustrative, but not inclusive, of what may be considered as administrative departures:
A. Changes to required building setbacks to account for individual site conditions.
B. Substitution of plant materials specified in the landscape plan with comparable materials of an equal or greater size.
C. Change of building materials to a comparable or higher quality.
(f) Approvals of administrative departures. Following the approval of an administrative departure, the applicant may proceed with applications for a certificate of zoning plan approval and building permit, consistent with the approved development plan.
(7) Site plan reviews of development plan applications.
(a) Intent and applicability. In order to balance the need to accommodate unique uses with the desire to ensure the presence of high-quality and orderly development within the District, development plan applications shall be reviewed by the Planning and Zoning Commission for a site plan approval as provided in § 153.042(D)(5)(e)2. and the conditions of this section.
(b) Authority and limitations. Site plan approval of development plan applications reviewed by the ART shall apply only to those portions of the plan failing to meet the requirements of the District. The Commission shall not have the authority to change any part of the development plan application that otherwise meets the development requirements of the District and/or has received an administrative review approval.
(c) Application deadline. The applicant shall make a written request to the Director for site plan approval no later than ten days following the date when the ART's decision on the development plan application is issued. The hearing before the Planning and Zoning Commission shall occur no later than 30 days following the receipt of the applicant's written request by the Director.
(d) Site plan approval procedures. The Planning and Zoning Commission shall approve, approve with conditions, or disapprove the applicable elements of the development plan using the standards of § 153.042(E)(8). The decision shall be made within 56 days of submission to a meeting of the Commission, unless otherwise agreed by the applicant and the city in writing.
(e) Appeals. Development plan applications disapproved by the Planning and Zoning Commission may be appealed by the applicant to City Council, which shall hear the appeal no later than 28 days following the date of the Commission's decision, unless otherwise agreed by the applicant and the city in writing.
(8) Development plan standards of approval. In addition to meeting all other requirements of the District, a development plan application shall only be approved by the ART or Planning and Zoning Commission, as applicable, if the requirements of the District and the following criteria are met:
(a) Site design characteristics.
1. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property, and the type and size of buildings.
2. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by the District.
3. All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access by some practicable means to all vehicles.
4. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways.
(b) Environmental standards.
1. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading. Natural features and the site topography shall be incorporated into the proposed site design to the maximum extent practical.
2. Landscaping buffers and/or greenbelts may be required beyond those otherwise required in the District to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.
(c) Vehicular and pedestrian circulation.
1. The expected volume of traffic to be generated by the proposed use shall not adversely affect existing roads and the circulation thereon.
2. Driveways shall be located to minimize conflict with traffic operations on the adjoining road. The number of driveways shall be the minimum needed to provide reasonable access to the site.
3. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area.
4. Safe, convenient, uncongested and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets and other elements shall be designed to promote safe and efficient traffic operations within the site and at its access points.
(d) Public services. The scale and design of the proposed development shall facilitate the adequate provision of services currently furnished by or that may be required of the city or other public agency including, but not limited to, fire and police protection, stormwater management, sanitary sewage removal and treatment, recreational activities, traffic control, and administrative services.
(e) The general purposes and spirit of this chapter and the various provisions and components of the Community Plan, including the EAZ Plan.
(E) Modifications to approved development plans.
(1) The Director may authorize minor modifications to an approved development plan that are required to correct any undetected errors, that are consistent with the purpose of the approved application, or that are necessary to ensure orderly and efficient development. Minor modifications shall be limited to:
(a) Adjustments in lot lines, provided no additional lots are created and required setbacks are maintained;
(b) Adjustments in the location of and layout of parking lots, provided perimeter setbacks, yards and buffers are maintained;
(c) Modifications of building footprints up to 10% in total floor area of the originally approved building, building height(s) or floor plans, that do not alter the character or intensity of the use;
(d) Substitution of landscaping materials specified in the landscape plan with comparable materials of an equal or greater size;
(e) Redesigning and/or relocating stormwater management facilities provided that general character and stormwater capacities are maintained;
(f) Adjusting and/or relocating landscape mounds, provided that the same level and quality of screening is maintained;
(g) Minor modifications to the sign face, landscaping and lighting, provided the other sign requirements of the final development plan are maintained;
(h) Minor changes in building material or colors that are similar to and have the same general appearance comparable to or of a higher quality as the material approved on the final development plan;
(i) Changes required by outside agencies such as the county, state, or federal departments; and
(j) Other minor modifications deemed by the Director that do not alter the basic design or any specific conditions imposed as part of the original approval.
(2) Any modifications to be made to an approved development plan that are not deemed minor by the Director shall require the filing and approval of a development plan application in accordance with this section.
(Ord. 13-08, passed 4-7-08; Am. Ord. 32-11, passed 6-27-11; Am. Ord. 19-12, passed 4-23-12)