(A) Planning staff review. For those development plans not designated for review by the Plan Commission, the following procedure shall be followed:
(1) Review by the planning staff may be conducted without a public hearing. Plans will be reviewed in accordance with a schedule adopted by the staff.
(2) The development plan shall be reviewed by the planning staff with input from other city departments, government agencies or public utilities as deemed necessary to insure compliance with the requirements of this chapter and any other applicable, codes, regulations and ordinances.
(3) In the event that Type II Design Standards apply, the development plan shall be reviewed by the Plan Commission Architectural Review Committee. The Architectural Review Committee shall issue an advisory opinion to the planning staff on whether the Type II Design Standards have been met. The planning staff may adopt or reject the Architectural Review Committee opinion in rendering its decision to grant or deny preliminary approval of the development plan.
(4) Staff may request that the applicant attend any review meetings to facilitate the review and approval process.
(5) Review of a development plan may be continued to permit resolution of outstanding issues, however, staff must render a decision within 45 days of submission of the development plan, unless the applicant agrees to extend this period.
(6) Following its review planning staff may approve, approve with modifications or conditions, or deny preliminary approval. The decision shall be in writing and shall include written reasons for the actions taken and shall be signed by a member of the planning staff.
(a) If approved with no changes the preliminary approval shall be considered as final approval.
(b) If approved with conditions, preliminary approval shall be for a period of 1 year from the date of approval, unless the applicant, prior to the expiration of the 1-year period, shall have applied for and received the Planning staff’s approval for an extension to obtain final approval. If by the expiration of the initial 1 year period, or during any period of extension approved by the Planning Staff, the applicant does not obtain final approval of all or part of the area included in the development plan for which preliminary approval has been granted, then the preliminary approval shall lapse and be considered null and void.
(c) If preliminary approval is denied, a new application must be submitted for any subsequent request for development plan approval on the property.
(7) The planning staff shall send notice of its decision to the applicant and make the notice available to other interested parties upon request. The notice shall indicate whether final approval of the development plan is required. Notice shall be furnished within 5 working days after a decision has been rendered by the planning staff.
(B) Plan Commission review. In the event Plan Commission review and approval of a development plan is required as a condition of a zoning map change or by staff determination, the following procedure shall apply:
(1) An application for preliminary approval with the appropriate filing fee shall be submitted to the Planning and Zoning Office at least 30 days prior to the Plan Commission meeting at which it is to be reviewed.
(2) The planning staff shall review the development plan prior to the meeting at which the plan is to be heard and provide written findings of fact and a recommendation.
(3) In the event that Type II Design Standards apply, the development plan shall be reviewed by the Plan Commission Architectural Review Committee. The Architectural Review Committee shall issue an advisory opinion to the Plan Commission on whether the Type II Design Standards have been met. The Plan Commission may adopt or reject the Architectural Review Committee opinion in rendering its decision to grant or deny preliminary approval of the development.
(4) The Plan Commission shall conduct a public hearing prior to taking any action. At least 10 days prior to the hearing the Plan Commission staff shall have a legal notice of the hearing published in the local newspaper and a notice sent by regular mail to all property owners of record located within 300 feet of the proposed development.
(5) Following the public hearing the Plan Commission shall determine if the proposed development plan complies with the requirements of this chapter.
(6) Unless review of the development plan is tabled the Plan Commission shall either approve, with or without conditions, or deny preliminary approval of the proposed development plan and enter written findings in accordance with such decision, which shall be signed by the President of the Plan Commission.
(a) If approved with no changes, the preliminary approval shall be considered as final approval.
(b) If approved with conditions, preliminary approval shall be for a period of 1 year from the date of approval, unless the applicant, prior to the expiration of the 1-year period, shall have applied for and received the Plan Commission’s approval for an extension to obtain final approval. If by the expiration of the initial 1-year period, or during any period of extension approved by the Plan Commission, the applicant does not obtain final approval of all or part of the area included in the development plan for which preliminary approval has been granted, then the preliminary approval shall lapse and be considered null and void.
(c) If preliminary approval is denied, a new application must be submitted for any subsequent request for development plan approval on the subject property.
(7) In rendering its decision, the Plan Commission shall take into consideration all pertinent information presented by the Planning staff, the applicant, the Architectural Review Committee, other city departments, boards and commissions, other governmental agencies and the general public.
(8) The Plan Commission shall send notice of its decision and written findings to the applicant and make such notice available to other interested parties upon request. The notice shall indicate whether final approval is required and whether the Plan Commission intends to retain authority over final approval. Notice shall be furnished within 5 working days after a decision has been rendered by the Plan Commission.
(1979 Code, § 151.154) (Ord. 4370, passed 7-20-1998)