(a) Pre-application Meeting. The applicant is encouraged to meet with the Director of Buildings and the City Planning Commission prior to submission of a Preliminary Development Plan to discuss informally the purpose and intent of this Mixed Use District and other pertinent zoning regulations and the criteria and standards contained in this Zoning Code.
(b) Zoning Amendment Application. An application for zoning amendment to the U-9 Mixed Use District shall be submitted in accordance with Section 1151.03, Amendments, in addition to the requirements for a Preliminary Development Plan as described herein.
(1) Preliminary development plan.
A. Completeness. The Director of Buildings shall review the application to determine that it complies with the submission requirements set forth in Section 1180.08 (a), Preliminary Development Plan. When the application is deemed complete, it shall be placed on the agenda for a regularly scheduled meeting of the Planning Commission. Prior to review by the Planning Commission, the Director of Buildings may forward the application to appropriate City departments and, if necessary, professional consultants for review and comment.
B. Review and Action by Planning Commission. The Planning Commission shall review the application to determine if it complies with the requirements and guidelines in this chapter and shall further determine whether the Preliminary Development Plan should be:
1. Approved as submitted;
2. Approved with specific modifications set forth by the Planning Commission; or
3. Disapproved.
C. Transmission to City Council. The Planning Commission shall transmit the zoning amendment application and the Preliminary Development Plan, including its recommendation to the City Council.
D. Review and action by City Council. City Council shall prepare the necessary ordinance and shall review and act on the proposed ordinance, including conducting a public hearing, in accordance with City Council procedures set forth in Section 1151.03, Amendments. In its review, City Council shall also determine if the Preliminary Development Plan complies with the requirements of this chapter. If the City Council disapproves the application, a reapplication shall not be accepted within one year from the date of disapproval, unless there has been substantial change to the application to warrant reconsideration.
(2) Approval of the Mixed Use District Zoning and preliminary development plan.
(1) The adoption of the ordinance shall amend the zoning map to add the U-9 Mixed Use District to the subject property, and the Preliminary Development Plan and associated commitments shall become binding on the applicant.
(2) In the event City Council approves the Preliminary Development Plan with modifications, the applicant shall incorporate such modifications into the appropriate documents and file the revised Preliminary Development Plan with the Director of Buildings. No Final Development Plan application will be processed until a revised Preliminary Development Plan is submitted to the Director of Buildings and is consistent with the modifications made by City Council.
(3) Expiration, modifications and extension of preliminary development plan approval.
A. An approved Preliminary Development Plan shall remain valid for one year from the date of City Council approval. However, an extension of the time limit may be approved by Council if they find that such extension is not in conflict with the public interest. During that time, the applicant shall prepare and submit a Final Development Plan for review. In the event a Final Development Plan is not submitted within one year or within the period for which extension is granted, the applicant, or subsequent applicant shall reapply for a Preliminary Development Plan approval pursuant to the procedures in Section 1180.07(b)(1).
B. Prior to the expiration of an approved Preliminary Development Plan, the applicant may also submit modifications to the plan that shall be considered by the Planning Commission and City Council, according to the procedures in Section 1180.07(b)(1).
C. When considering either modifications to an approved development plan or a new Preliminary Development Plan, the Planning Commission and City Council shall only approve such modifications or new plan when they determine that the proposed change satisfies the purposes and intent of this chapter in a manner that is deemed to be equal to or superior to the originally approved plan.
(c) Final Development Plan.
(1) Completeness. The Director of Buildings shall review the application to determine that it complies with the submission requirements set forth in Section 1180.08(b), Final Development Plan. When the application is deemed complete, it shall be placed on the agenda for a regularly scheduled meeting of the Planning Commission. Prior to review by the Planning Commission, the Director of Buildings may forward the application to appropriate City departments and, if necessary, professional consultants for review and comment.
(2) Review and action by Planning Commission. The Planning Commission shall review the application to determine if the Final Development Plan substantially complies with the Preliminary Development Plan, and any commitments made or conditions agreed to with the adoption of the Preliminary Development Plan including project phasing and shall determine whether the Final Development Plan should be:
A. Approved as submitted;
B. Approved with modification(s); or
C. Disapproved when the application does not demonstrate that the required standards have been met.
The applicant may revise the Final Development Plan to respond to the Planning Commission's concerns and resubmit the plan within three months from the disapproval. If the revised Final Development Plan is not resubmitted within three months, a resubmission shall be considered a new application for review and shall contain all the information required for a Final Development Plan, including payment of the application fee.
(3) Expiration and extension of final development plan approval period. If construction has not begun within one year after approval of a Final Development Plan, such approval shall be void. However, an extension of the time limit may be approved by the Planning Commission if they find that such extension is not in conflict with the public interest.
(4) Modifications to approved final development plan. Prior to the expiration of an approved Final Development Plan, the applicant may submit modifications to the plan that shall be considered by the Planning Commission according to the procedures in Section 1180.07(c). The Planning Commission shall approve such modification when it determines that such proposed change satisfies the purposes and intent of this chapter.
(Ord. 2009-24. Passed 11-23-09.)