(a) Purpose. The purpose of the development plan review procedure is to ensure that intense residential development and all nonresidential developments comply with the development and design standards of this code. Zoning certificates for any building, structure, expansions, or use of land subject to this section, shall not be issued without an approved final development plan.
(b) Applicability and Review Authority.
(1) Unless specifically exempted in 1105.07(c), no construction, expansion, or demolition of a building or structure, or use of land, buildings, or structures, shall be permitted without the review and approval of a development plan pursuant to this section.
(2) The following activities require a minor development plan that shall be reviewed by the Zoning Administrator as part of the zoning certificate review procedure of Section 1105.12. In such cases, the application shall be subject to the review criteria for both minor development plans and zoning certificates, as established in the respective sections.
A. All nonresidential developments or expansions containing up to 10,000 square feet in gross floor area, provided the development is not adjacent to a single-family residential district;
B. All off-street surface parking lots;
C. Alterations to site conditions including, but not limited to, alterations to landscaping areas, required buffers, and the location or relocation of trash collection areas, if the area of such site condition is 24,000 square feet or smaller in area;
D. Multi-family dwellings with four or fewer dwelling units;
E. Demolition of buildings; and
F. Whenever expressly required by any other part of this code.
(3) The Zoning Administrator shall have the authority to forward an application for any development or use in Subsection 1105.07(b)(2), above to the Planning Commission for review pursuant to this section if the Zoning Administrator finds:
A. That the proposed use or development could potentially create significant impacts on an adjacent property based on the intensity or proximity of the proposed use or development; or
B. There is difficulty in interpreting the application of a standard or regulation as it pertains to the subject site.
(4) All other development and activities not identified in Section 1105.07(b)(2), including the following, shall be subject to a preliminary and final development plan review by the Planning Commission in accordance with this section:
A. New construction, structural alterations, and site improvements of all permitted uses in the CF, R-3, R-4, R-5, C-1, C-2, C-3, I-1, I-2, and I-3 Districts;
B. New construction, structural alterations, and site improvements of all permitted nonresidential uses in the R-1, R-2, and R-T Districts;
C. New construction, structural alterations, and site improvements of all conditional uses unless determined to be a minor alteration or improvement by the Zoning Administrator that can be reviewed through the zoning certificate procedure per Section 1105.12;
D. Any existing or previously approved development meeting the criteria of subsections (A) and (B) above that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use; increasing the number of dwelling units in a multi-family development; or changing the use which requires an increase in the amount of parking or a change in the site's circulation.
E. All development plan applications subject to review by the Planning Commission shall submit a preliminary and final development plan in accordance with this section unless the Zoning Administrator finds that the development or activity is of a size and/or scope that does not warrant a preliminary development plan review, in which case, only a final development plan review shall be required.
(5) For any development plan application that is within the C-4 District, the Design and Review Board shall review and provide a recommendation on the application prior to the final development plan decision.
(c) Exemptions. The following shall be exempted from development plan review:
(1) Single-family dwellings;
(2) Re-occupancy of an existing building or the internal construction or change in floor area of a building or structure that does not increase gross floor area, increase the intensity of use, or affect parking or landscaping requirements on a site that meets all of the development standards of this code; and
(3) Accessory and temporary uses as established in Chapter 1113: Accessory and Temporary Use Regulations.
(d) Development Plan Review Procedure. The review procedure for a development plan review shall be as established in this section. A pre-application meeting (See Section 1105.02(e).) is encouraged, but not mandatory, prior to submission of the application.
(1) Step 1 - Application for a Preliminary Development Plan. The applicant shall submit an application in accordance with Section 1105.02, and with the provisions of this section.
(2) Step 2 - Staff Review and Transmission to the Planning Commission.
A. Upon determination that a preliminary development plan application is complete, the Zoning Administrator shall distribute the application to all appropriate City departments and professional consultants for review and comment. Any comments or expert opinions shall be returned to the Zoning Administrator for transmission to the Planning Commission.
B. The Zoning Administrator shall distribute the application and any reports prepared as part of Subsection 1105.07(d)(2)A, prior to the Planning Commission's meeting where the application is to be reviewed.
(3) Step 3 -Review and Decision on the Preliminary Development Plan by the Planning Commission.
A. Within 60 days after the application is determined to be complete, the Planning Commission shall review the preliminary development plan application.
B. In reviewing the application, the Planning Commission shall at a minimum, consider the reports and opinions transmitted by the Zoning Administrator and the review criteria for preliminary development plans as established in this section.
D. In their review of an application, the Planning Commission may request that the applicant supply additional information that the Planning Commission deems necessary to adequately review and evaluate the proposed development.
E. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.
F. If the Planning Commission denies the application, they shall provide findings for denial in writing to the applicant upon the applicant's request.
G. If the Planning Commission fails to act within 60 days from the date of the initial meeting regarding the preliminary development plan application, or an extended period as may be agreed upon by the Planning Commission and applicant, then the application shall be considered denied.
H. Approval of the preliminary development by the Planning Commission does not constitute approval of the development, but is merely an authorization to proceed with the preparation of the final development plan.
I. The applicant shall be required to submit a complete final development plan application within 12 months after the date of approval of the preliminary development plan, otherwise the preliminary development plan approval shall be considered void unless an extension is requested by the applicant and granted by the Planning Commission in writing. If the preliminary development plan is voided, any new request to for development approval shall require a new preliminary development plan application in accordance with the provisions of this section.
(4) Step 4 - Application, Filing, Staff Review, and Design and Review Board Review of the Final Development Plan.
A. An application for a final development review shall be submitted in the same manner as the preliminary development plan. See Section 1105.07(d)(1).
B. Upon determination that a final development plan application is complete, the Zoning Administrator shall distribute the application to all appropriate City departments and professional consultants for review and comment. Any comments or expert opinions shall be returned to the Zoning Administrator for transmission to the Planning Commission.
C. Design and Review Board Review and Recommendation
i. If an application is required to be reviewed by the Design Review Board, the Zoning Administrator shall distribute the application to the Design and Review Board after the application is determined to be complete but prior to the Planning Commission's review.
ii. Within 45 days after the application is determined to be complete, the Design and Review Board shall review the final development plan application and make a recommendation to the Planning Commission.
iii. If the Planning Commission fails to act within 45 days from the date of the initial meeting regarding the final development plan application, or an extended period as may be agreed upon by the Design and Review Board and applicant, then the recommendation shall be considered a denial.
D. The Zoning Administrator shall distribute the application and any reports prepared as part of Subsection 1105.07(d)(2)A prior to the Planning Commission's meeting where the application is to be reviewed.
(5) Step 5 -Review and Decision on the Final Development Plan by the Planning Commission.
A. Within 60 days after the application is determined to be complete, the Planning Commission shall review the final development plan application. If a recommendation from the Design and Review Board is required, then the Planning Commission shall review the final development plan within 60 days from the date the recommendation is received from the Design and Review Board.
B. In reviewing the application, the Planning Commission shall at a minimum, consider the reports and opinions transmitted by the Zoning Administrator and the review criteria for final development plans as established in this section.
D. In their review of an application, the Planning Commission may request that the applicant supply additional information that the Planning Commission deems necessary to adequately review and evaluate the proposed development.
E. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.
F. If the Planning Commission denies the application, they shall provide findings for denial in writing to the applicant upon the applicant's request.
G. If the Planning Commission fails to act within 60 days from the date of the initial meeting regarding the final development plan application, or an extended period as may be agreed upon by the Planning Commission and applicant, then the application shall be considered denied.
H. Upon approval of the final development plan, the applicant shall be authorized to submit an application for a zoning certificate.
(e) Review Criteria.
(1) Preliminary Development Plan Review Criteria. Decisions on preliminary development plan review applications shall be based on consideration of the following criteria:
A. That the proposed development complies with any established standards or requirements in the approved comprehensive plan or thoroughfare plan;
B. The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;
C. The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code; and
D. Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.
(2) Minor or Final Development Plan Review Criteria. Decisions on minor or final development plan review applications shall be based on consideration of the following criteria:
A. That the proposed development is consistent with all the requirements of this code, and other related codes and ordinances enforced by the City;
B. That the proposed development is in compliance with the applicable zoning district regulations;
C. That the proposed development complies with any established standards or requirements in the approved comprehensive plan or thoroughfare plan;
D. That the proposed development meets all the requirements or conditions of any applicable development approvals (e.g., previously approved planned developments, conditional use approvals, variance approvals, etc.);
E. The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property;
F. The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code;
G. Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;
H. The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas;
I. Upon review and recommendation of the City Engineer, points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;
J. Adequate provision is made for emergency vehicle access and circulation; and
K. If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing criteria are complied with at the completion of each stage.
(f) Significance of an Approved Plan.
(1) An approved development plan shall become, for the proposed development, a binding commitment of the specific elements approved for development. The approved development plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. Such a transfer shall occur only upon approval of the Zoning Administrator. A request for such a transfer or change of ownership shall be presented to the Zoning Administrator and granted only if the new ownership entity satisfies the administrative, financial, legal and all other financial guarantees approved with the original development plan.
(2) All construction and development under any building permit shall be in accordance with the approved development plan. Any departure from such plan shall be cause for revocation of the zoning certificate and/or building permit, and the property owner or other responsible parties are subject to penalties as prescribed by this code.
(g) Time Limit.
(1) The applicant shall receive approval of a zoning certificate within one year of the date the final development plan was approved and comply with the time limits of the approved zoning certificate or the approval shall expire.
(2) Upon expiration of a development plan approval, a new application, including all applicable fees, shall be required before a new development plan will be reviewed.
(3) Upon written request, one extension of six months may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(4) The Planning Commission may authorize alternative time limits for zoning certificate issuance, as part of their approval, based on the scale of the proposed development.
(h) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall have the right to appeal the decision to the BZA as established in Section 1105.13.
(Ord. 2018-009. Passed 5-7-18; Ord. 2019-17. Passed 10-7-19.)