A. The development plan review process is established in order to assure that new development proposed for Ogden City will comply with the requirements of this code, and to ensure that new development is designed and constructed in a manner that will:
1. Ensure that all growth and development is consistent with the requirements of this title and the Ogden City general plan;
2. Foster the safe, efficient and economic use of the land, the city's transportation infrastructure, and other public facilities and services;
3. Ensure adequate infrastructure servicing new development;
4. Provide for adequate drainage of surface water and reduction of flood damage;
5. Provide adequate on site litter control;
6. Provide safe and convenient vehicular access and circulation, and encourage patterns of land use that decrease automobile trip length and encourage trip consolidation;
7. Improve the design, quality and character of new development;
8. Encourage the development of vacant properties within established areas;
9. Ensure that development proposals are sensitive to the character of existing neighborhoods; and
10. Ensure that development proposals are sensitive to natural areas and features.
B. Compliance with the regulations of this chapter in no sense excuses a developer from the applicable requirements outlined elsewhere in this code.
(Ord. 99-38, 10-19-1999)
The following terms, as used in this chapter, shall have the respective meanings as indicated:
DEVELOPMENT PLAN REVIEW TEAM: Representatives from the following city departments or divisions: current planning division, building services division, engineering division, operations division, water division, and fire department. Representatives from other departments or divisions of the city, or other agencies, which have been assigned to review development proposals for compliance with city regulations.
DEVELOPMENT PROPOSAL: A proposal to Ogden City for the approval of new development or a substantial change to existing development.
DIRECTOR: The director of the community and economic development department, or the director's designee.
FINAL PLAN: A site plan that shows all approved requirements and conditions for development of a project.
NEW DEVELOPMENT: The construction or exterior alteration of any building or structure, or the modification of a site for an existing or new building or structure. "New development" shall not include construction of or changes to a single-family dwelling or a two-family dwelling, unless such dwellings are being constructed or modified as a group dwelling, a PRUD, a residential infill development, or a conditional use.
SUBSTANTIAL CHANGE: Those changes or modifications that:
A. Change the use or character of the development;
B. Increase the overall density or intensity of use;
C. Increase the coverage of the site by structures;
D. Reduce previously approved requirements for open space, amenities or landscaping;
E. Change the number of parking spaces to below the minimum required;
F. Modify on site traffic circulation or affect driveways;
G. Increase the impervious area of the site which increases storm drainage requirements; or
H. Alter the location of existing or proposed utilities.
(Ord. 99-38, 10-19-1999; amd. Ord. 2001-32, 6-5-2001; Ord. 2007-67, 9-18-2007)
A. Project Development Plan: All development proposals must be processed and approved through submittal of a "project development plan". If the applicant desires to develop in phases, i.e., with two (2) or more separate project development plan submittals, an "overall development plan" will also be required prior to, or concurrently with, the project development plan for any one phase. The requirement for project development plan review may be waived by the director for expansions or alterations that do not constitute a substantial change. The reason(s) for the waiver will be put in writing by the director, and a copy filed with the city's permanent records for the site.
B. Overall Development Plan: An overall development plan shall be required for any property that is intended to be developed over time in two (2) or more separate project development plan submittals. The purpose of the overall development plan is to establish general planning and development control parameters for projects that will be developed in phases with multiple submittals while allowing sufficient flexibility to permit detailed planning in subsequent submittals. Approval of an overall development plan does not establish any vested right to develop property in accordance with the plan.
(Ord. 99-38, 10-19-1999)
A. Conceptual Review Meeting:
1. Purpose: Conceptual review is an opportunity for an applicant to discuss requirements, standards and procedures that apply to a development. Major problems and a course of action for their resolution can be identified before a formal application is made.
2. Applicability: A conceptual review meeting is encouraged for all development proposals, including existing developments that are proposed to have substantial changes. This conceptual review is required for projects in the H25 zone.
3. Conceptual Plan Submittal: A sketch plan of the proposed development that shows the location of the proposal, major use areas, parking areas and access points, landscaping, utility locations, streets and other significant features is drawn. This is brought as the discussion exhibit for the conceptual review meeting.
4. Staff Review And Recommendations: A meeting shall be held at appointed times with the development plan review team and those proposing a development in order to discuss the conceptual plan. After the meeting, the review team shall furnish the applicant with written comments and recommendations to inform and assist the applicant in the preparation of the development application. The information shall include whether the use is permitted or conditional and what the existing zone is, and advise the applicant on the applicable review process.
B. Formal Submittals:
1. Application Forms: All applicants for proposed new development shall complete an application form established by the director and made available to the public.
2. Application Submittal: The application form, fees, plans and other supporting material as required by the city shall be submitted to the planning division. All pieces of the application package and requirements of the submittal forms must be present and verified by the director before the application is accepted. The director may waive items on the application form that are not applicable due to the particular circumstances or conditions of that development proposal.
3. Determination Of Completeness: The planning division, upon receipt of the application, shall determine whether or not the application is complete and ready for review based on the stated requirements for submittal and requests for exceptions to the submittal requirements. If the material that has been submitted is determined to be incomplete, all review of the submittal will be delayed until the planning division receives the necessary material to make the submittal complete.
C. Review Process:
1. Review Requirement: All applications for proposed new development plans shall be reviewed by the development plan review team. If the plan is required to be reviewed and approved by the planning commission or mayor under other provisions of this title, the development plan review team shall submit recommendations to such officials.
2. Department, Division And Agency Review: The director shall within two (2) working days, transmit a copy of the project development plan to each of the reviewing departments, divisions and agencies, with the date that the proposed plan will be discussed at a development plan review team meeting. The reviewing departments and agencies shall submit comments to the director at least two (2) working days before the scheduled meeting, which shall be compiled for presentation and discussion with the applicant at the meeting.
3. Development Plan Review Team Meeting: Within twenty (20) working days after receipt of a complete application, the development plan review team shall meet to discuss the application with the applicant. At this meeting, the applicant will be informed whether the application complies with all applicable standards of this code. The applicant will also be informed of proposed conditions for approval, which may be imposed to eliminate areas of noncompliance or mitigate any adverse effects of the development proposal. The applicant will be given an opportunity at the meeting to make presentations, ask questions, propose alternative conditions. The proposal may be tabled to a subsequent meeting if the director determines that more information is necessary or upon request of the applicant.
4. Director Determination: After consideration of the proposed plan at the meeting, the director shall within seven (7) working days make a determination whether the proposed plan is in compliance with the requirements of this code and may impose conditions to eliminate areas of noncompliance or mitigate any adverse effects of the development proposal. Such determination shall be in writing and provided to the applicant.
5. Resubmittals: If major areas of noncompliance or significant changes are evident, the director may require that the applicant revise the submittal and resubmit prior to further consideration and review by the development plan review team.
6. Submittal Of Final Plans: Upon receiving approval of the project development plan the applicant shall submit three (3) final plans to the director for approval. The final plans shall be submitted according to city requirements and must incorporate all conditions of approval.
7. Appeals:
a. If the director has designated another official in the department to have responsibility for the development plan review process under this chapter, any decision of the designated official may be appealed to the director by filing a written appeal to the director within thirty (30) days of the design being appealed. Any decision of the director shall be a final administrative determination, subject to appeal to the board of zoning adjustment.
b. Decisions made by the planning commission or mayor may be appealed to the board of zoning adjustment.
(Ord. 99-38, 10-19-1999; amd. Ord. 2001-32, 6-5-2001, eff. 6-30-2001; Ord. 2023-16, 4-11-2023)
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