§ 2.10. OFFICIAL DEVELOPMENT PLAN

2.10.1

Purpose

The purpose of the official development plan is to provide a mechanism for the review and approval of land uses within the N1 District. It is anticipated that a separate official development plan shall be approved for each institution within the district, and that the official development plan for each institution will be applicable to all the property owned or controlled by the institution which is within an the N1 District.

2.10.2

Application for Adoption or Amendment of an Official Development Plan

An application for an official development plan shall be filed with the Zoning Administrator and shall be accompanied by a site plan and text setting forth the information described below, and such other information as shall be required by the Zoning Administrator:

A.

The boundaries of the area to be designated in the official development plan.

B.

The location of all existing structures, and structures for which building permits may be sought in the immediate future.

C.

Points of ingress and egress for the area designated within the official development plan.

D.

Any change from the requirements which would govern parking, signs, landscaping, setback, or yard use.

E.

Landscaping, screening and buffering plans illustrating specific treatment for screening adjacent areas from the impacts of activities on areas designated in the official development plan.

F.

An exterior lighting plan illustrating the location of all illuminating fixtures, or illuminated signs.

G.

Illustration of any special treatment of the proposed site that enhances the quality of design.

H.

Streets on, adjacent to, or within the area located within the official development plan.

I.

Customary map data such as the name of the institution seeking approval of an official development plan, north point, scale, and date of preparation.

J.

A legal description of the property to be located within an area designated in the official development plan.

K.

Specific designation of the uses, and special uses sought to be approved for the area within the official development plan, or for specific portions of the area designated in any such official development plan.

L.

Any variation from the overall required parking, or perimeter setback requirements which is sought.

2.10.3

Review of Application for Adoption or Amendment

A.

The application by interested persons or City officials for approval or amendment of an official development plan shall be forwarded by the Zoning Administrator to the Development Review Board. After reviewing the application, the Development Review Board shall prepare recommendations and a technical review and shall forward the application, its review and recommendations to the Planning and Zoning Commission. The Planning and Zoning Commission shall conduct a public hearing on the proposed official development plan, or amendment to such plan, pursuant to notice.

B.

Notice of any hearing on a proposed official development plan shall be provided in the same manner, and to the same persons as notices of an application for special uses.

C.

Where an amendment is being sought to a previously issued Official Development Plan where there are multiple owners of the property, the consent of a property owner or owners shall only be required from such owner or owners of property whose use, limitations or site requirements would be amended or changed by such application, with all other owners (whose properties are not so affected but are covered by the previously issued Official Development Plan) to be listed in the application for Official Development Plan and provided notice in accordance with the requirements of Section 2.9.7. Notwithstanding the foregoing, the applicant shall mail the other property owners notice of the proposed amendment of the Official Development Plan not less than fifteen (15) days nor more than forty-five (45) days prior to the Public Hearing. The applicant shall submit certification of the mailing of the notice of the proposed amendment of Official Development Plan prior to the Public Hearing.

D.

In the event that a variance or special use is sought in connection with the application for adoption of an official development plan, or an amendment thereto, the hearing on the proposed variance shall be conducted by the Planning and Zoning Commission at the same time as the hearing on the application for approval or amendment of the official development plan. The Planning and Zoning Commission shall make such findings as are relevant for consideration of variances or special uses.

2.10.4

Standards

No official development plan shall be recommended by the Planning and Zoning Commission unless it shall make findings relevant to the following:

A.

The adoption of the official development plan, and maintenance of uses permitted or designated in the plan will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare.

B.

The uses, landscaping, parking, screening, and signage designated in the plan will not be injurious to the uses and enjoyment of other property in the immediate vicinity, and will not substantially diminish property values in the neighborhoods adjacent to the area designated in the plan.

C.

Adequate facilities, access roads, drainage, and/or other necessary facilities exist or will be provided.

D.

Measures have been or will be taken to provide adequate ingress and egress to minimize traffic congestion of public streets.

2.10.5

Conditions and Guarantees

Prior to approval of any official development plan, the Planning and Zoning Commission may recommend and the City Council may place such conditions and restrictions on the land within the official development plan or upon the establishment, locations, construction, or operation of facilities described in the plan as it deems necessary for the protection of the public interest. Any such conditions, and the guarantees approved by the City Council shall become part of the plan and shall be enforceable in the same manner as all regulations contained in this development code.

2.10.6

Approval of the Plan

After receiving recommendations from the Planning and Zoning Commission with respect to a proposed official development plan, the City Council may reject the proposed plan, refer it back to the Planning and Zoning Commission for further hearing, or adopt an ordinance approving the official development plan. The City Council must take action upon any proposed official development plan within 60 days of receiving recommendations from the Planning and Zoning Commission. Any official development plan which has been adopted pursuant to the provisions of this section shall be construed as an amendment to this development code, and a notation designating the adoption of such plan shall be placed on the Zoning District Map maintained by the Zoning Administrator. Copies of all official development plans which have been adopted shall be kept by the Zoning Administrator and shall be available for public inspection.

2.10.7

Amendments to Existing Official Development Plans

Changes to previously approved Official Development Plans may be administratively reviewed and approved under the following circumstances:

A.

The proposed changes do not include a change of use; or

B.

The proposed changes do not include an expansion to building height or size, or parking lots greater than 10 percent, except for expansions or additions of accessory structures; or

C.

The proposed change does not include a change to the legal description of the boundaries in the Official Development Plan; or

D.

There are no waivers of the Unified Development Code requirements.

E.

Applications for administrative amendments shall be submitted to the Zoning Administrator and subject to the site plan review process as set forth in 2.1.3 Development Review Board. Only one administrative amendment shall be approved for an extension of time to establish the use or an expansion to an existing building.