(A) Pre-application conference. A pre-application conference is required for Type II applications. Pre-application conference requirements and procedures are in § 154.381. In addition, the applicant may be required to present his or her development proposal to a city-recognized neighborhood association or group before the city accepts the application as complete. At the City Administrator’s discretion, a Type II review may be referred directly to the Planning Commission for review and approval, using the Type III procedure as provided in § 154.379.
(B) Application requirements.
(1) Application forms. Type II applications shall be made on forms provided by the city.
(2) Submittal information. The application shall:
(a) Include the information requested on the application form;
(b) Be filed with copies of a narrative statement that explains how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and decision-making;
(c) Be accompanied by the required fee;
(d) Include one set of pre-stamped and pre-addressed envelopes for all real property owners of record who will receive a notice of the application as required in division (C) below. The records of the County Department of Assessment and Taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list. [Alternatively, the applicant may pay a fee for the city to prepare the public notice mailing.]; and
(e) Include an impact study for all land division applications. The impact study shall quantify/assess the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standards and to minimize the impact of the development on the public at large, public facilities systems and affected private property users. In situations where this chapter requires the dedication of real property to the city, the applicant shall either specifically agree to the dedication requirement or provide evidence that shows that the real property dedication requirement is not roughly proportional to the projected impacts of the development.
(C) Notice of application for Type II administrative decision.
(1) Before making a Type II administrative decision, the city shall mail notice to:
(a) All owners of record of real property within 200 feet of the subject site;
(b) All city-recognized neighborhood groups or associations whose boundaries include the site;
(c) Any person who submits a written request to receive a notice; and
(d) Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city. The city may notify other affected agencies, as appropriate, for review of the application.
(2) The purpose of the notice is to give nearby property owners and other interested people the opportunity to submit written comments about the application, before the Type II decision is made. The goal of this notice is to invite people to participate early in the decision-making process;
(3) Notice of a pending Type II administrative decision shall:
(a) Provide a 14-day period for submitting written comments before a decision is made on the permit;
(b) List the relevant approval criteria by name and number of ordinance sections;
(c) State the place, date and time the comments are due, and the person to whom the comments should be addressed;
(d) Include the name and telephone number of a contact person regarding the administrative decision;
(e) Identify the specific permits or approvals requested;
(f) Describe the street address or other easily understandable reference to the location of the site;
(g) State that if any person fails to address the relevant approval criteria with enough detail, they may not be able to appeal to the Land Use Board of Appeals or Circuit Court on that issue. Only comments on the relevant approval criteria are considered relevant evidence;
(h) State that all evidence relied upon by the city to make this decision is in the public record, available for public review. Copies of this evidence can be obtained at a reasonable cost from the city;
(i) State that after the comment period closes, City Planner shall issue a Type II administrative decision. The decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice;
(j) Contain the following notice:
"Notice to mortgagee, lien holder, vendor, or seller: The Shady Cove Zoning Ordinance requires that if you receive this notice it shall be promptly forwarded to the purchaser."
(D) Administrative decision requirements. The City Planner shall make Type II written decisions addressing all of the relevant approval criteria and standards. Based upon the criteria and standards, and the facts contained within the record, the city shall approve, approve with conditions or deny the requested permit or action.
(E) Notice of decision.
(1) Within five days after the city signs the decision, a notice of decision shall be posted on the property and sent by mail to:
(a) Any person who submits a written request to receive notice or provides comments during the application review period;
(b) The applicant and all owners or contract purchasers of record of the site which is the subject of the application;
(c) Any city-recognized neighborhood group or association whose boundaries include the site; and
(d) Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city, and other agencies which were notified or provided comments during the application review period.
(2) The city shall cause an affidavit of mailing and posting of the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and posted and shall demonstrate that the notice was mailed to the people and within the time required by law.
(3) The Type II notice of decision shall contain:
(a) A description of the applicant's proposal and the city's decision on the proposal (i.e., may be a summary);
(b) The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area, where applicable;
(c) A statement of where the city's decision can be obtained;
(d) The date the decision shall become final, unless a request for public hearing is filed;
(e) A statement that all persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may request a public hearing; and
(f) A statement briefly explaining how a request can be filed, the deadline for filing a request for public hearing and where further information can be obtained concerning the hearing process.
(F) Final decision and effective date. A Type II administrative decision is effective on the day after the request for hearing expires. If a request for hearing is filed, the Planning Commission decision is effective when the appeal period expires.
(G) Request for public hearing. A Type II administrative decision may be referred to the Planning Commission as follows:
(1) Who may request a hearing. The following people with standing may request a public hearing:
(a) The applicant;
(b) Any person who was mailed written notice of the Type II administrative decision; and/or
(c) Any other person who participated in the proceeding by submitting written comments.
(2) Request for hearing procedure. Any person with standing may, as provided in division (G)(1) above, request a hearing according to the following procedures;
(a) Time for filing. A request for hearing shall be filed with the city within 14 days of the date the notice of decision was mailed;
(b) A request for hearing shall contain:
1. An identification of the decision that has been made, including the date of the decision; and
2. A statement demonstrating the person filing request for hearing has standing to request a hearing.
(c) Request for hearing procedures. Type III notice and hearing procedures shall be used for all Type II administrative appeals, as provided in § 154.379;
(H) Appeal to City Council. The decision of the Planning Commission regarding a request for hearing of a Type II administrative decision is the final decision of the city unless appealed to City Council. A request to City Council shall follow the same notification and hearing procedures as for the Planning Commission officer.
(Ord. 225, passed 10-20-1994, § 6.4; Am. Ord. 260, passed 4-21-2011)