Rezoning procedure

A. Preapplication Conference. The applicant shall request that the city planning department arrange a pre-application conference with representatives of the planning department, building inspections office and city engineer's office prior to submission of a request for rezoning to MPD. The applicant shall submit a preliminary sketch or description of the MPD proposal at the time of the request for the preapplication conference. The city planning director may also notify other city departments or agencies deemed appropriate at the time, date and location of said conference. The purpose of the preapplication conference is for the applicant and city officials to review the preliminary overall district plan; its land use components, development phasing, unique features, public benefits, covenants, easements and potential impacts on the surrounding neighborhood areas. This conference shall be conducted as a work session with the main objective being refinement of the overall district plan. Within twenty-one (21) days after the conference, the city planning department shall provide the applicant with a written summary of the meeting, including recommendations designed to inform and assist the applicant in the preparation of the final overall district plan.
B. Overall District Plan Contents. The applicant is required to present the preliminary overall district plan at the pre-application conference. General requirements of this plan are noted under Section 17.100.040(B)(l) below. General requirements of the final ODP plan include all items noted under Section 17.100.040(B)(l), (2) and (3) below.
- 1. Site Plan. The applicant shall provide a proposed site plan for the entire development project, whether or not intended for phased construction, showing:
  - a. Name of project, name of owner, name of the engineer or surveyor, date, north point and scale. Recommended scale is forty (40) feet per inch. If it is more convenient to the developer, project plans may be drawn to the scales of ten (10), twenty (20), thirty (30), fifty (50), sixty (60), eighty (80) or one hundred (100) feet per inch;
  - b. Boundary lines;
  - c. Lots. Lot lines, approximate dimensions, approximate area and lot numbers;
  - d. Existing and Proposed Streets. Location, name and right-of-way widths for streets on entire tract and on abutting property; point of access to the MPDs parking and loading areas; and text defining proposed ownership of streets and parking areas;
  - e. Utilities. Location and size of existing water and sewer lines on plat and on adjacent property; proposed utility extensions; text defining ownership and maintenance plans.
  - f. Existing and Proposed Easements. Location, width and purpose;
  - g. Topography. Contours at intervals no greater than five feet; the planning director may require contours at intervals of two feet if conditions are such as to make such detail necessary;
  - h. Surface Water. The location of any lakes or ponds, watercourses or swamp areas and the proposed drainage pattern; if any portion of the proposed development is located within a flood hazard area as identified by the Federal Emergency Management Agency's "Flood Insurance Rate Map" and "Flood Boundary and Floodway Map", November, 1984, as may be amended, base flood elevation data shall be provided;
  - i. Subsurface Conditions. Except on a plat to be served by a public water or public sewer system, the location and results of percolation tests, ground water elevation determinations and statements of subsoil conditions shall be performed at the expense of the developer;
  - j. Other Conditions. The location of rock outcrop, wooded areas, existing structures, embankments or retaining walls, railroads, power lines and significant physical features on the plat and on adjacent land that may have an influence on the development of the plat;
  - k. Public Land. Parcels of land, if any, proposed to be dedicated for public use;
  - l. Zoning. Existing zoning on proposed plat and on all abutting properties;
  - m. Names and addresses of property owners within four hundred (400) feet of applicant's property boundaries;
  - n. Professional Registration. The stamp of a registered engineer or land surveyor. All ODPs and phase plans shall be prepared by a registered engineer or land surveyor.
  - o. Location and Orientation of All Structures and Their Proposed Uses. Said uses shall be identified in gross square footage of floor area for the following categories:
    - i. Commercial retail sales;
    - ii. Commercial office;
    - iii. Other commercial services; eating and drinking establishments, hotels, motels, banks, barber shops, beauty shops, tailors, health clubs, etc.;
    - iv. Heavy commercial/industrial;
    - v. Residential (residential uses shall be identified in gross square footage for multi-family developments and in gross acreage for single-family developments).
  - p. Proposed location and treatment of any public or private common areas or structures including open spaces, park or recreation areas. Applicant shall include a statement addressing long term maintenance of such areas.
  - q. The general treatment proposed for the periphery of the site, including the approximate amount, location and type of buffering and/or landscaping and lighting proposed.
  - r. The boundaries of each proposed construction phase or section, if appropriate.
- 2. Statement of Purpose. The applicant shall provide a statement of how the purpose and intent of this chapter will be achieved by the proposed MPD possibly including additional graphics of the proposed character of the development, a description of how the MPD will relate to surrounding land uses and an analysis of the proposed development's impact on existing public facilities such as the roadway network, sewers, water facilities, school system, police and fire services.
- 3. Narrative Outline. The applicant shall provide a narrative outline of the proposed MPD stating:
  - a. Land use allocation, by type in the following land use categories:
    - i. Commercial retail sales;
    - ii. Commercial office;
    - iii. Other commercial services; eating and drinking establishments, hotels, motels, banks, barber shops, beauty shops, tailors, health clubs, etc.;
    - iv. Heavy commercial/industrial;
    - v. Residential:
      - (A) Multi-family,
      - (B) Single-family,
  - b. A statement of how necessary services will be provided and whether said services will be publicly or privately owned and operated.
  - c. If the MPD is proposed for phased development, a description and timing plan for individual phases.
  - d. The beneficial aspects of the proposed site layout, including a description of any land proposed for open spaces, park or recreation areas.
C. Rezoning. Following the preapplication conference, and subsequent to receipt of the planning department's recommendation report, the applicant may initiate the application phase for rezoning the subject property to MPD. The applicant shall submit the required documents for a zone change to the city clerk accompanied by a revised overall district plan, complete with graphic and narrative explanation of all alterations made subsequent to the preapplication conference. All standard procedures relative to zone change applications and hearings, as established and amended by the city council, shall be followed.
D. City Council Action.
- 1. Approval. City council approval of the MPD application shall carry with it approval of the FODP. This approval shall bind the developer to construction of the development in substantial conformance with the elements of the FODP. This approval shall not hereafter supersede the city's subdivision approval process as specified in Section 13.06 of the charter. Whether of not subdivision is necessary, the applicant shall submit proper applications and documentation for approval by the planning commission for every phase or section of the FODP, as they are proposed for development.
- 2. Rejection. City council rejection of the MPD application shall be binding upon all facets of the application and ODP. All regulations and options relevant to a typical zone change rejection apply.
E. Alterations Following MPD Approval. Subsequent to city council approval of the MPD, certain alterations to the FODP may be made without requiring further action by the city council. Such alterations may be authorized by the planning commission and shall be limited to those which may be defined as minor in nature. Such alterations shall result in little or no significant impact on surrounding properties or on the safe and efficient flow of traffic through nearby city roadways.
- 1. Minor Alterations. For a proposed alteration to be deemed "minor" in nature, it shall meet one or more of the following conditions. The proposed alteration shall:
  - a. Alter the land use mix of the approved ODP by a cumulative total of less than ten (10) percent in any land use category defined in subsection (B)(l)(o) of this section.
  - b. Decrease the overall density of the ODP.
  - c. Allow minor reorientation of one or more points of vehicular access, the internal roadway network and/or the parking plan, made necessary due to actions taken by the city or state subsequent to the approval date of the FODP.
  - d. Allow minor changes in location, orientation and/or design of parking facilities, provided such changes do not decrease the total number of parking spaces.
  - e. Allow minor changes in building location made necessary by previously unforeseen natural conditions.
  - f. Allow changes in landscaping materials, lighting plan and siting of pedestrian and accessory facilities as made necessary by other approved alterations.
  - g. Allow other site design modifications which would not substantially alter the final character of the approved FODP.
- 2. Major Alterations. Alterations which would substantially alter the final character of the approved FODP shall be deemed "major" alterations. Any proposal exceeding the limits identified in subsection (E)(1) of this section for minor alterations shall be considered a major alteration proposal. Additionally, any proposal requesting one or more of the following alterations to the ODP shall be considered a major alteration proposal.
  - a. Construction of additional structures for residential, commercial or industrial purposes;
  - b. Introduction of a land use type not approved in the FODP;
  - c. A change in land use type proposed for any structure directly adjacent to or abutting a residential structure;
  - d. Any excavation, filling or other alteration of the property' s natural systems not previously approved in the FODP;
  - e. Any addition or deletion of vehicular access points and parking areas or significant reorientation of the internal roadway network of the site;
  - f. Any change in the phasing plan of the ODP, including size, boundaries and timing of construction of one or more sections of the development.
  All such alterations shall be requested through the same procedure outlined herein for new projects. No major alteration shall be allowed without the approval of the city council.

(Prior code § 30-34(d))