§ 122-43. Site development plan approval.

(a)

Preapplication conference (optional). Prior to filing for site development plan approval, the developer or the developer's representative may meet with the city manager or designee in order to verify the steps necessary for application and review and to discuss potential issues regarding the development proposal.

(1)

Scheduling. Arrangements for the preapplication conference are to be made through the city clerk's office.

(2)

Items required. The applicant shall bring three bluelines and one 11-inch by 17-inch copy of the conceptual sketch plans of the proposed development. A general description of the proposed development must be noted, including the approximate building size, type and use, proposed parking areas, location map, provisions for water and wastewater, proposed phasing of development, parcel size and proposed uses, environmentally sensitive areas, and existing zoning and comprehensive land use classification of the subject site and adjacent sites.

(b)

Application for development plan approval. Application for site development plan approval shall be made to the city manager or designee utilizing the form provided by the department for that purpose and accompanied by the appropriate review fee. Application shall be accompanied by ten copies of the proposed plans, signed and sealed by a registered engineer, architect, and/or landscape architect, as required by this land development code. Plans shall be prepared as outlined in the previous sections of this article.

For minor development plans, the city shall send notice of the proposed site plan to the owners of all adjoining properties located within 300 feet of the subject property. The property owner or applicant shall conspicuously post the notice on the subject property so that the notice is visible from the right-of-way adjacent to the property. A minimum of one sign shall be posted facing each adjacent right-of-way to the subject property. Said notice shall be at least 18 inches × 24 inches in size and shall be elevated approximately six feet off of the ground as measured from the top of the sign to the ground.

For major development plans, the city shall send notice of the proposed site plan to the owners of all adjoining properties located within 300 feet of the subject property at least two weeks prior to the planning and zoning commission hearing on the proposed site plan. The property owner or applicant shall conspicuously post the notice on the subject property so that the notice is visible from the right-of-way adjacent to the property. A minimum of one sign shall be posted facing each adjacent right-of-way to the subject property. Said notice shall be at least 18 inches × 24 inches in size and shall be elevated approximately six feet off of the ground as measured from the top of the sign to the ground. Such notices shall include the date, time, and place of the public hearings before the planning and zoning commission and the city council.

(c)

Development review process.

(1)

Development review committee (DRC). All applications shall be reviewed monthly by the DRP reviewers, and comments shall be discussed at the next meeting, if required. Formal comments of the DRP reviewers shall be transmitted in writing to the applicant within 14 days.

(2)

Resubmittals.

a.

Minor development approval. Minor development projects may resubmit plans in response to DRP reviewers' comments at any time within 60 days of the DRP meeting. The plans shall be reviewed by appropriate DRP reviewers based on original findings. Based on the outcome of this second review, the city manager or designee shall take one of the following actions:

1.

If previous comments were not addressed or the plan modifications result in additional land development code discrepancies, such comments shall be transmitted to the applicant. Resubmittal shall be made within 30 days after the transmittal of comments.

2.

If all comments are satisfactorily addressed, a development order shall be issued by the city manager or designee within five working days after approval.

b.

Major development approval. Revised plans must be submitted no later than 60 days after the original DRP meeting. The plans shall be reviewed by the appropriate DRP reviewers with findings reported to the city council for their consideration. The city council shall consider the development plans at a regularly scheduled meeting and determine if they meet the requirements of the land development code. The applicant or his authorized agent shall be present at the time of consideration. Upon consideration of the comments of the DRP reviewers and the public, the council shall take one of the following actions:

1.

Table the consideration of the project until their next regularly scheduled meeting to allow for the resolution of outstanding issues. If the applicant or his authorized agent is present, no project shall be tabled more than once. If they are not, it may be tabled as many times as the council wishes.

2.

Deny the proposed site development plan.

3.

Approve the proposed site development plan.

4.

Approve the proposed site development plan with conditions.

The city manager or designee shall issue a development order within five working days of unconditional approval or verification that conditions have been met.

c.

Timely plan resubmission. Failure to meet any of the resubmission deadlines cited in subsection (c)(2) shall require the filing of a new application, including the appropriate review fees.

d.

Extension of resubmittal deadlines. The city manager or designee may extend the deadlines cited in this subsection when warranted by unforeseeable events. A request for extension must be filed in writing with the city manager or designee explaining the circumstances justifying the extension.

(d)

Appeals. Appeals of decisions by the applicant for a minor development may be made to the city council and will be considered at the next scheduled meeting. The applicant or applicant's authorized agent shall be present at the meeting for consideration of the appeal by the city council. After consideration of the comments of the DRP reviewers, the applicant and the public, the city council shall take one of the following actions:

(1)

Table the consideration of the project until their next regularly scheduled meeting to allow for the resolution of any outstanding issues.

(2)

Disapprove the plan.

(3)

Approve the plan if the application is determined to meet all requirements of this land development code and applicable law.

(LDC 1997, ch. 6, § 1.11; Ord. No. 2005-25, § 1, 7-26-2005; Ord. No. 2006-17, § 7, 4-25-2006; Ord. No. 2008-17, § 1, 7-1-2008; Ord. No. 2008-35, § 7, 11-7-2008; Ord. No 2016-02 , § 1, 5-3-2016)

Note— Former § 122-42. See editor's note § 122-41.