No building permit shall be issued nor any plans be approved for zoning compliance for real estate in any of the SPA-2 Subdistricts unless a final development plan, as defined and as governed by the procedures contained in this section is approved as being in substantial compliance with the approved conceptual development plan (see § H7, Exhibit H-1) and associated standards and requirements contained or referenced in this Appendix. The application for a development plan or a zone change approval of SPA-2 zone may be accomplished in one of the following ways: Submission of a conceptual development plan. Note: This option applies only in cases where the proposal is not consistent with the existing approved conceptual development plan; submission of a preliminary development plan for all or a portion of a tract covered by the existing conceptual development plan; or simultaneous submission of preliminary development plan and a final development plan for all or a portion of the sites covered by the existing conceptual development plan.
(A) Conceptual development plan and zone change approval procedures. Every amendment or supplement to the SPA-2 District incorporating a development plan as an integral part of the zoning regulations applicable to the SPA-2 District shall be governed by the procedures included in this section in lieu of the similar procedures set out in §§ 150.190 through 150.192. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the City Council may, on its own motion or after recommendation thereon by the Planning Commission and subject to the procedure provided in this section, amend, supplement, or change the regulations, district boundaries, or classifications of property, now or hereafter established by this section or amendments thereof. It shall be the duty of the Planning Commission to submit to the City Council its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification, or change may be initiated by motion of the City Council, by motion of the Planning Commission, or by the filing of a verified application for same by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement.
(1) Submission of development plans. Any request for approval of an SPA-2 conceptual development plan or a substantial revision to the existing SPA-2 conceptual development plan shall be submitted to the Planning Commission for its review and shall be accompanied by a development plan as defined by this chapter, covering all parts of the tracts in question. Application shall be submitted to the Planning Commission upon such forms specified by the Zoning Administrator and shall be accompanied by such data and information as will assure the fullest practicable presentation of facts for the permanent record together with the names and addresses of the property owners as found in the real estate department of the County Auditor's office of all abutting properties, all properties directly across any adjacent street right-of-way and the name and address of the applicant and the nature of his interest in the property. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for zone changes initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the City Council shall be accompanied by its resolution pertaining thereto.
(2) Establishing City Council public hearing. The Community Development Director shall forward the application to the Clerk of Council who shall, upon receipt of such application, set a City Council public hearing on such proposed amendment or supplement, which date shall be not more than 60 days from the filing date.
(a) Hearing notice. Notice of such public hearing shall be given by the City Council at least 30 days prior to the hearing by each of the following methods:
1. Newspaper. By one publication in a newspaper of general circulation in the city.
2. Mail. Notices shall be mailed by first class mail to the landowners required to be listed on the application and to the applicant.
3. Signs. The posting of a sign on the property line adjoining each public street or along two property lines closest to public streets or rights-of-way if the property affected does not adjoin a public street. In all cases, the signs shall be unobstructed from public view from the street or public right-of-way. The signs shall be provided by the City Manager and shall refer to the proposal affecting the property and the time and place of the public hearing. The signs shall be installed in such a manner as to withstand reasonable weather conditions.
(b) Planning Commission staff review and worksession.
1. During the period between initial application and the scheduled Planning Commission worksession, the Staff Review Committee (SRC) shall review the development plan and other required submissions to determine their compliance with the provisions of this Appendix, generally accepted planning principals, plus Planning Commission policies and other reviewing agencies. The Planning Commission may adopt any existing publications as standards for use by the SRC.
2. The SRC will then work with the applicant in an attempt to eliminate any conflicts which were detected in the above review prior to the date of the worksession at which time the SRC will report to the Planning Commission the progress to date and any remaining unsolved problems or concerns.
(c) Planning Commission recommendations. The Planning Commission shall, after receipt of application and all necessary plans and data required by this chapter, recommend the approval or denial of the proposed amendment, supplement, district change, or approval of some modification thereof and shall submit such recommendation together with such application, the text and map pertaining thereto to the City Council in accordance with the requirements of Appendix F. Failure to meet the deadline shall be interpreted as a positive recommendation. Exception: City Council may, upon its own motion, extend the time limitation for specified periods of time when it considers the extension is warranted.
(d) City Council action. No later than the second City Council meeting after the required public hearing, the City Council shall either adopt or deny the recommendations of the Planning Commission or adopt some modification thereof by a majority vote of all members of City Council.
(e) Zone change. If the boundary of the revised conceptual plan is different from the existing boundary of the SPA-2 District, the zoning map shall upon approval of the revised conceptual development plan also be amended indicating the exact boundaries of the zone change approved.
(B) Preliminary development plan approval procedures. The preliminary development plan approval is similar to that of the conceptual with the exception that the required City Council public hearing and approval are waived when the preliminary development plan is in substantial conformance with the approved conceptual development plan.
(1) Submission of development plans. Any request for approval of an SPA-2 development plan shall be submitted to the Planning Commission for its review and shall be accompanied by a development plan as defined by this chapter, covering all parts of the tracts in question. Application shall be submitted to the Planning Commission upon such forms specified by the Zoning Administrator. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the City Council shall be accompanied by its resolution pertaining thereto.
(2) Staff Review Committee.
(a) During the period between initial application and the scheduled Planning Commission worksession, the Staff Review Committee (SRC) shall review the development plan and other required submissions to determine their compliance with the provisions of this ordinance, generally accepted planning principals, plus Planning Commission policies and other reviewing agencies. The Planning Commission may adopt any existing publications as standards for use by the SRC.
(b) The SRC will then work with the applicant in an attempt to eliminate any conflicts which were detected in the above review prior to the date of the worksession at which time the SRC will report to the Planning Commission the progress to date and any remaining unsolved problems or concerns.
(3) Planning Commission action. The Planning Commission shall, after receipt of application and all necessary plans and data required by this chapter, approve or deny the preliminary development plan or approve some modification thereof no later than the third regularly scheduled Planning Commission meeting date following the date of a complete submission. Failure to meet the deadline shall be interpreted as a positive recommendation. Exception: City Council may, upon its own motion, extend the time limitation for specified periods of time when it considers the extension is warranted.
(C) Final development plan approval procedures. The final development plans and improvement plans shall be approved by the Planning Commission only if it is found to be in substantial agreement with the approved conceptual development plan and preliminary development plan. The approval process is identical to that of a preliminary development plan.
(D) Revision to approved plan. After the final development plan has been approved by the Planning Commission, the following provisions will apply to any changes to that plan:
(1) Minor revisions. In the course of carrying out this final plan, adjustments or minor rearrangements of buildings, parking areas, loading areas, entrances, heights of structures, or yards may be requested by the proponents, and provided the requests conform to the standards established by the conceptual development plan and this chapter, such adjustments or rearrangements may be authorized by the Staff Review Committee. The SRC may on its recommendation defer approval of a specific minor revision to the Planning Commission.
(2) Substantial variations. Any application for a substantial variation from the approved preliminary or final development plan involving a new plan, additional buildings or structure, changes in land use or density increases shall be submitted to the same review process as the final development plan. When changes are such that the resulting plan would not be consistent with the existing conceptual development plan, the applicant must start at the conceptual development plan stage.
(E) Time limitations of approvals.
(1) Zoning. Once the SPA-2 District has been created, it can be changed only through the zoning code provisions for a zone change.
(2) The conceptual development plan. The plan shall remain in effect until changed by ordinance of City Council through the process described herein for the review and approval of a conceptual development plan.
(3) Preliminary development plan. Approval of the preliminary development plan shall be an approval of the design features of the tract only and the City Engineer or other officials having jurisdiction may modify engineering or construction details as may be necessary for the protection of the public interest. The preliminary development plan approval shall be valid for a period of 12 consecutive calendar months only. The preliminary plat shall be subject to required annual review to bring the remaining portions of the preliminary development plan not currently part of an approved final development plan, record plat, or approved improvement plan into compliance with the zoning ordinance in effect on the date of the renewal.
(4) Improvement plan. Improvement plan (when required by the subdivision rules and regulations), within five years of the approval of the improvement plans, construction shall be initiated on same. Construction of all improvements approved as part of the improvement plan shall be completed within three years from the date of approval of the commencement of the work, unless good cause can be shown for the granting of an extension of time, which extension shall be made by City Council.
(5) Final development plan. The final development plan shall remain valid for a period of three years after it is approved. An extension of time may be authorized by City Council provided that the request is first referred to the Planning Commission for study and recommendation.
(Ord. 10-1986, passed 5-19-86)