HomeMy WebLinkAbout10/03/2014 - Planning And Zoning Board - Agenda - Work SessionPlanning & Zoning Board
Work Session Agenda
Tuesday, October 3, 2014
281 N. College Ave – Conference Room A
Web users: Documents for the Consent and Discussion items shown below can be
found online under the October 9, 2014, Hearing agenda.
12:00 – 5:00pm
Consent:
1.) P&Z Hearing Minutes – September 11, 2014
2.) Ascent Studio Climbing & Fitness Major Amendment MJA 140003 (Beals)
3.) 222 West Laurel CSU Classroom Addition, SPA 140002 (Mounce)
Discussion:
4.) Affinity Senior Housing Modification of Standard (Mapes)
Board Topics: None scheduled
Policy and Legislation:
• Land Use Code Changes (Shepard)
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7
8
9
10
Land Use Code Item #135
Small Development Review Process - Existing Land Use Code and Overview of Peer Cities’
Codes
Revised: 9/23/14
City Name
Neighborhood meeting
requirement for small
projects?
City staff approval
without hearing for
small projects?
Summary of code
Fort Collins, CO Yes, for Type I and Type
II Reviews
No Neighborhood meetings are required for all Type II reviews unless the Director determines the
project would not have significant neighborhood impacts. The following is from section
2.2.1(B) of the Fort Collins Land Use Code:
(B) Applicability. A neighborhood meeting shall be required on any development proposal that is subject
to Planning and Zoning Board review unless the Director determines as a part of the staff review and
recommendation required pursuant to Section 2.2.1(A)(4) that the development proposal would not have
significant neighborhood impacts.
All development review applications if they are not approved via the Basic Development
Review process (BDR) are subject to a public hearing. Both Type I and Type II reviews
constitute a public hearing.
Proposed Code Change:
Create Type new “small project” review or expand Basic Development Review to create new
process and thresholds for smaller projects and that applies to:
• Parcels less than 10 acres in size;
• Any Change of Use, provided that:
No alteration of existing site ingress/egress is required, based on use intensification;
No additional site ingress/egress, or alteration of existing ingress/egress is proposed;
All uses are permitted “by-right” or permitted under the previous zoning;
and there are no physical building expansion or substantial changes to the site;
• Subdivision of land into one lot presently held as a tract or under similar legal
description; and
• Carriage Houses;
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Process:
Evaluated by City staff with a Determination taken as a formal action, which may include
conditions of approval. No public hearing. Notice of the determination is provided to Affected
Property Owners with potential appeal to the Planning and Zoning Board.
Greeley, CO No Yes Uses by right and uses subject to Design Review are handled administratively without a public
hearing requirement. Design Review uses in Greeley are akin to conditional uses in other
communities. There are a number of projects that fall under the Design Review category and
can be viewed in the table of land uses from the Greeley Municipal Code starting on page 18-
100 at the following link:
http://www.colocode.com/greeleypdf18.html
Boulder, CO No Yes The majority of development projects in Boulder are approved administratively by staff.
Administrative review in Boulder has no neighborhood meeting or public hearing
requirement. Section 9-4 of the Boulder City Code provides a matrix of the type of approval
for each type of development review project. The matrix and accompanying code can be
viewed at the link below:
http://www.colocode.com/boulder2/chapter9-4.htm
Denver, CO
Denver, CO
(continued)
No, neighborhood
meetings are only
required for General
Development Plans
(GDP)
Yes, all projects under
the GDP threshold are
approved by city staff
A GDP is only required on certain projects that require significant coordination amongst
different city agencies and/or developers. GDPs are requested by the manager of Planning,
Public Works or Parks if one of the following conditions are met:
• The project is in an area with a small area plan adopted by Council that requires GDPs
for new projects
• The project is over 10 acres
• The project will take multiple phases
• There is more than one owner of the parcel
• The street grid, storm water system or parks/open space system will be significantly
modified or expanded
• The project will be within 100 feet of the Cherry Creek or South Platte River corridors
The owners of the parcel may also request a GDP. Two public meetings are required for GDPs.
One takes place after the conceptual review is conducted with city staff and another is
required after the final plan has been submitted. Below is section 12.4.12.10(C) of the Denver
Zoning Code, which describes the neighborhood meeting process for the preliminary GDP:
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Denver, CO
(continued)
C. Public Meeting, Notice, and Public Comment Period
1. Public Meeting and Public Notice
Upon the Manager's determination that the application for preliminary GDP review is complete
(see Section 12.3.3.8, Determination of Complete Applications), and at least 21
days prior to such meeting, the applicant shall schedule a public meeting to take place 21 to 45
days hence and send written notice of submittal of the preliminary GDP application and public
meeting to:
a. The City Council member(s) in whose district the GDP is located and the at-large Council
members;
b. All property owners within the defined GDP boundaries who are not co-applicants for the
GDP;
c. All property owners within 200 feet of the GDP boundary;
d. Denver Public Schools if the GDP anticipates residential development;
e. Any special districts of which any part of the district’s boundaries is included in the GDP
boundaries; and
f. All Registered Neighborhood Organizations whose boundaries include or are within 200
feet of the GDP boundary.
Below is the summary for the neighborhood meeting process once the final GDP has been
submitted from section 12.4.12.11 of the Denver Zoning Code:
A. Determination by DRC
When the DRC determines review of the preliminary GDP is complete, the preliminary GDP
application is deemed to be the Final GDP application and ready for Planning Board
recommendation and final DRC decision.
B. Planning Board Review and Recommendation
1. When the Final GDP application is ready for Planning Board recommendation, the Manager
shall schedule the GDP application for the Planning Board’s consideration at a public hearing.
The Manager shall make a written recommendation to the Planning Board for its consideration.
2. Written and posted notice of the Planning Board public hearing shall be provided according to
Section 12.3.4, Public Notice Requirements, and such written notice shall also be sent to the
following:
a. All owners of land included in the boundaries of the Final GDP other than the applicant;
b. Owners of real property located within 200 feet of the boundary of the Final GDP area,
including any Secondary Area, as applicable;
c. The City Council members in whose districts the Final GDP area is located, and the at-large
Council persons;
d. Any neighboring municipality or county which is contiguous to any boundary of the Final
GDP;
e. Denver Public Schools if the Final GDP anticipates residential development.
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f. Any special district of which any part of the district's boundaries is included in the GDP
boundaries; and
g. All Registered Neighborhood Organizations whose boundaries include or are within 200
feet of the GDP boundary
Projects under the thresholds mentioned above do not require a public hearing or
neighborhood meeting and are approved by city staff.
Lakewood, CO
No, neighborhood
meetings are only
required for projects
involving an
annexation/initial
zoning, rezoning, special
use permit or as
determined by the
director.
Yes All permitted and limited uses are approved administratively by staff. Special use permits
require a neighborhood meeting. Annexations/initial zoning, rezoning, and other projects as
determined by the Director are also subject to a neighborhood meeting and public hearing.
From section 17.2.2.2(A) of the Lakewood Municipal Code:
1. At least one neighborhood meeting is required for land development procedures for an initial zoning,
rezoning, or special use permit, or as determined by the Director, which shall be held after receiving
the written response to the pre-planning application, but prior to filing a formal application.
2. More than one neighborhood meeting may be required at the discretion of the Director. In
determining whether to require an additional neighborhood meeting, the Director shall consider:
a. If the applicant has sufficiently solicited input from neighbors on how the project interacts with
the surrounding area; or
b. If the applicant is proposing new or modified components of the formal application that were
not discussed at the required neighborhood meeting; or
c. If a significant amount of time has passed since the required neighborhood meeting.
Colorado Springs,
CO
Colorado Springs,
CO (continued)
No, held at discretion of
the manager
Yes Neighborhood meetings are required at the discretion of the Manager of Community
Development. From section 7.5.902(C)4 of the Colorado Springs City Code:
Neighborhood Meetings: An optional method of notice may be to provide a neighborhood meeting to
discuss proposed development projects. The purpose of a neighborhood meeting is to allow
neighborhood residents to communicate directly with the City and the development applicant regarding
any issues, concerns or comments that they might have regarding the proposed development project.
Neighborhood meeting(s) may be held during the preapplication stage, internal review stage and/or final
disposition stage at the discretion of the Manager.
Planning staff approve most projects administratively. The following project varieties are
approved by planning staff according to section 7.5.104(B) of the Colorado Springs City Code:
B. Jurisdiction: The Manager may impose conditions of approval or make interpretations of this Zoning
Code in conjunction with any of the actions listed above.
The Manager shall have jurisdiction over the following matters unless appealed to the Planning
Commission or City Council:
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1. Development plans, concept plans, major and minor amendments or minor modifications to
concept and development plans, minor amendments and adjustments to master plans, nonuse
variances and minor amendments or modifications thereto, major or minor amendments or
minor modifications to conditional uses, major or minor amendments or minor modifications to
use variances, and administrative relief and amendments and minor modifications thereto
unless an item must be heard by the Planning Commission because a public hearing is required
by condition or with a zone district change application1.
2. Subdivision applications as outlined in article 7 of this chapter.
3. Similar use determinations.
4. Interpretations and decisions as outlined throughout this Zoning Code.
5. Permits submitted to and decided by the Manager.
Westminster, CO
Westminster, CO
(continued)
Yes, but can be waived
by city manager
Yes, if the project is
under the thresholds
defined in the
Westminster City Code
From section 11-5-8(B) of the Westminster City Code:
(1) Administrative Approvals. The City Manager may, but shall not be required to, approve any ODP or
ODP waiver without hearing or notice, which:
(a) Does not introduce a new land use not allowed by the PDP.
(b) Meets all requirements of the zoning district in which it is located, and the requirements of any
PDP for the property.
(c) Does not involve a parcel or lot more than 10 acres in size, or involves a proposed non-
residential development of 20 acres or less in size, exclusive of property intended for or
designated for future public ownership or dedication for open space, parks, rights-of-way or
other public uses, that is determined by the City Manager to further the City's economic
development goals and if such development meets guidelines established by City Council to
qualify for economic development assistance.
(2) ODP's Requiring Public Hearings.
(a) The City Manager may, in his sole discretion, elect to refer any ODP to Planning Commission
and City Council for their consideration at a public hearing.
(b) Any ODP not administratively approved by the City Manager or not eligible for such
administrative approval shall, upon the request of the applicant, be referred to the Planning
Commission and City Council for consideration pursuant to the procedures set forth in Section
11-5-13 of this Code.
Gainesville, FL Yes, depends on
intensity of
development
Yes, for developments
that meet the
requirements for rapid
or minor development
review
Please see attached tables taken from Gainesville’s Code of City Ordinances at the
end of this document.
Garland, TX No, except for
variances, platting and
re-zoning
Yes, site plans are
approved
administratively
Applicants must get approval for their plat from the Plans Commission, which
constitutes a public hearing. Variances and re-zoning also follows a similar
procedure. The Plans Commission is akin to the Planning & Zoning Board in Fort
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Collins. All site plans are approved by the Technical Plan Review Committee, which is
comprised of city staff appointed by the City Manager.
Cedar Rapids, IA
Cedar Rapids, IA
(continued)
No, unless
recommended by the
director or sought by
the applicant
Yes, all projects
requiring site
development plans are
reviewed by city staff
From section 32.02.020(A)2 of the Cedar Rapids Code of City Ordinances:
Where an applicant has filed or intends to file an application, and Table 32.02-1 indicates that a
neighborhood meeting may be requested, the Director may request that the applicant conduct a
neighborhood meeting before further processing of the application. The Director may request a
neighborhood meeting where it appears that the potential uses, size, scale, traffic impacts, or operating
impacts of the proposed activity or development may materially affect the surrounding area. If the
applicant is requested to conduct a neighborhood meeting and does not do so, that fact may be noted in
the staff report on the application. An applicant may voluntarily conduct a neighborhood meeting prior
to submission of any application.
Sit development plans are approved administratively by city staff. Site development plans are
required for conditional uses, conditional expansions or variances. Below are the
requirements for site development plans from section 32.02.030 (G)(2) of the Cedar Rapids
Code of City Ordinances:
2. Applicability
A Site Development Plan may be required to be submitted as part of another application for a
permit or approval, or may be required even if no other permit or approval is required.
a. A Site Development Plan shall be submitted in connection with any application for Conditional
Use, Conditional Expansion, or Variance.
b. A Site Development Plan may, at the applicant's option, be submitted at the time of an
application for an amendment to the zoning map, in lieu of the Preliminary Plan that would
otherwise be required.
c. Where an amendment to the zoning map for the RMF-1, RMF-2, or Commercial and Industrial
Districts has been approved without the approval of a Site Development Plan, then a Site
Development Plan shall be required to be submitted prior to the issuance of any Building
Permit.
d. Where no other types of permits or approvals are required pursuant to this Section 32.02, but
(i) the proposed development involves a use listed in Table 32.04-1 as a Civic or Institutional,
Commercial, Industrial, Wholesale, or Storage Use, or (ii) the proposed development is a
residential development subject to the requirements of Secs. 32.05.030.D.1 or 32.05.030.D.2, a
Site Development Plan shall be required to be submitted. Such Site Development Plan may be
submitted in conjunction with a proposed subdivision of the project.
e. A Site Development Plan shall not be required to be submitted for construction of a single-
family residential structure on a single lot or the construction of a two-family structure on two
adjacent lots where the regulations of 32.05.030.D do not apply. However, in the case of sheds,
fences, or other minor accessory structures or additions to an existing house (i.e. porches,
decks, additional rooms) on the same property, the Site Development Plan shall only be
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required to show the location of the proposed structure or addition in relation to property
boundaries, required setbacks, and terrain changes as more fully detailed in the Cedar Rapids
Zoning Ordinance.
f. The Department of Community Development may waive any Site Development Plan
requirements stated in the Cedar Rapids Zoning Ordinance if it determines that the request is
not applicable to the type of activity or development being proposed.
Santa Rosa, CA
Santa Rosa, CA
(continued)
Yes, unless it is a non-
residential use in a non-
residential district
Yes Below are the neighborhood meeting requirements from section 20-50-050(D) of the Santa
Rosa City Code:
1. When neighborhood meetings are required:
a. A development proposal that is a discretionary project, requires a public hearing, and that may
affect a residential neighborhood shall require one or more neighborhood meetings in
compliance with this Section. A discretionary project is one that requires a decision based on
the application of judgment by the Council, Commission, DRB, CHB, Director, or the Zoning
Administrator.
2. When neighborhood meetings are not required:
a. Neighborhood meetings are not required for nonresidential development proposals that are
surrounded by nonresidential zoning districts and General Plan land use categories, unless
there is an effect on a residential neighborhood, regardless of whether or not a public hearing
is required.
b. Neighborhood meetings are not required for “ministerial” projects.
c. Ministerial proposals include the issuance of a Building Permits, or other applications where the
discretionary approval or permit has been granted.
3. When a neighborhood meeting may be required. A neighborhood meeting may be required for a
development proposal that otherwise would not require a meeting, if there is significant controversy
or if interest has been expressed by the neighborhood regarding the proposal. In these cases, the
Director shall determine whether to hold a meeting.
4. Waiver of meeting requirement. The requirement for a neighborhood meeting may be waived in
cases where the position of a neighborhood is established and/or recent contact indicates that there
is no interest in holding a meeting. In these cases, the Director shall determine whether to waive the
requirement for a meeting.
There are several thresholds for administrative review in Santa Rosa. Projects under 10,000
sq. ft. in non-historic, non-visually sensitive areas are subject to administrative review under
the Design Review process. A table summarizing the different thresholds of Design Review in
Santa Rosa can be found at the following link:
http://qcode.us/codes/santarosa/view.php?topic=20-5-20_50-20_50_020
Minor conditional uses are also approved administratively without a public hearing
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requirement. The City sends public notice for proposed minor conditional uses and if a
concerned citizen responds requesting a public meeting before the decision date on the
notice, then a public meeting is required according to section 20-52.050 of the Santa Rosa City
Code.
Denton, TX Not for minor plats and
site design review.
Yes, for minor plats and
site design review
Minor plats and site design review are handled by city staff. Minor plats are final and
cannot be appealed while site design reviews may be appealed, which require a
public hearing in front of the Planning and Zoning Commission. A minor plat is, “A
subdivision resulting in four (4) or fewer lots, not requiring the creation of any new
street or the extension of municipal facilities and not generating an average daily
vehicular traffic (ADT) count of one thousand (1,000) or more vehicles,” according to
the Denton Development Code.
Eugene, OR
Eugene, OR
(continued)
No, unless the project is
appealed
Yes, for Types I & II
reviews
Similar to Fort Collins, the need for a public meeting is triggered depending on the type of
review. Types I & II are handled administratively by city staff under the Eugene Land Use
Code. The processes covered in Type I and Type II reviews include among others:
• Adjustment Review
• Site Review
• Standards Review
Adjustment Reviews are held when a project meets the intent of the code in a creative way
but does not meet the letter of the code. Site Reviews are conducted when a development
occurs on vacant land, an existing development increases its square footage by 20% or more
and/or the project proposes needed housing under Oregon state statutes. Standards Reviews
are held to ensure developments meet the standards of the land use code.
While Type I & Type II reviews do not necessitate public hearings, appeals to Type I & Type II
decisions do trigger the need for a public hearing. Any projects about this threshold trigger
the need for a public hearing.
Olathe, KS Yes, if the project is
located in close
proximity to residential
developments or
determined necessary
by the Development
Yes, for projects not
requiring a site
development plan
Neighborhood meeting requirements are out lined in section 18.12.013 of the Olathe Unified
Development Ordinance:
For new development applications located adjacent to or in close proximity to residential developments,
a neighborhood meeting shall be required to inform residents of the proposed project and resolve issues
that may impact the quality of life in the area or the value of the surrounding properties. At the discretion
of the Development Services Director or designee, a neighborhood meeting may be required for new
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Services Director. development projects located in close proximity to nonresidential developments. Prior to filing an
application for a rezoning or special use permit, revised preliminary site development plan, final site
development plan, preliminary plat, or final plat, the
Development Services Director or designee shall determine if a neighborhood meeting is required.
Most residential projects are approved administratively. The following from section 18.12.160
(A) of the Olathe Unified Development Ordinance outlines projects that require a Site
Development Plan, which is subject to review by the Planning Commission:
A preliminary site development plan shall be required for all nonresidential, multifamily, and two-family
developments in a conventional zoning district. The preliminary site development plan may be more
schematic and general in nature, addressing the items in Section 18.12.170 conceptually. The provisions
of Sections 18.12.140 and 18.12.160.C shall apply to the approval of the preliminary site development
plan.
Athens, GA
Athens, GA
(continued)
No, small projects
approved by staff.
Yes From section 9-4-7 of the Athens-Clarke County, Georgia – Code of Ordinances:
The following actions shall follow the staff permit procedure:
1. Administrative waivers to the following design standards when determined by the Planning Director
that unique or unusual site conditions exist:
a. Up to ten percent reduction in the number of required parking spaces.
b. Up to five percent reduction in minimum lot width and depth requirements.
c. Up to ten percent reduction in building or parking setback requirements.
2. Recombination of platted lots or tracts;
3. Site review for all new development and expansion of existing uses;
4. Preliminary plat for subdivisions of five or more lots;
5. Subdivisions of four or fewer lots;
6. Environmental buffer review permits;
7. Extension of time limits for approved planning actions;
8. Minor amendments to conditions of approval established by the planning commission;
9. Review of exterior demolition or relocation applications for compliance with section 9-4-15C
(Procedures for review of exterior demolition or relocation applications);
10. Interpretations of this zoning ordinance; and
11. Other actions specifically permitted in this title as staff permit.
Richardson, TX No, except for re-plats
and amending plats
Yes Developments in Richardson, TX are approved by the City Plan Commission. If a
proposed development meets the standards of Richardson’s zoning ordinance, then
the project can be approved without a public hearing. Replats, plat amendments and
variances all require a public hearing. Replats and plat amendments require a
dedicated public hearing with a public notice issued on the fifteenth day before the
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hearing to all property owners within 200 feet of the parcel in question (Sec. 21-
22(c)(2) of the Richardson Code of Ordinances). Variances go in front of city council
without a public notice.
Provo, UT
Provo, UT
(continued)
No Yes Neighborhood meetings in Provo are called by Neighborhood Chairs. Each neighborhood has
its own neighborhood organization with an elected Neighborhood Chairperson. The
Chairperson reviews all development applications for the neighborhood and decides whether
or not to hold a public meeting. The following is from section 2.29.040(2) from the Provo City
Code:
(2) Development Proposal Meetings.
(a) Within five (5) calendar days after receiving a complete land use application for any matter
subject to a public hearing, the Community Development Department shall mail notice of the
application to the Neighborhood Chair of the Neighborhood where the subject property is
located. If the subject property is located within one thousand (1,000) feet from an adjoining
Neighborhood, the Community Development Department shall also notify the Chair of that
Neighborhood.
(b) Within seven (7) calendar days after application submittal, the applicant shall contact the
Neighborhood Chair to discuss the application. The Neighborhood Chair shall determine
whether a Neighborhood meeting should be held.
(c) Within fourteen (14) calendar days after the Community Development Department mails notice
of the application to a Neighborhood Chair, the Chair shall notify the Municipal Council
Executive Director in writing that the Neighborhood:
(i) will organize a meeting to review and comment on the application; or
(ii) waives the right to hold a Neighborhood meeting.
(iii) If within the fourteen (14) day period set forth above, the Executive Director
does not receive notice from the Neighborhood Chair, the Neighborhood
meeting requirement shall be waived.
Tacmoa, WA
No Yes Public hearings are not required for projects with less than 10 plats. The Director has the
ability to act on the following according to section 13.05.030 of the Tacoma Municipal Code:
A. Authority. The Director shall have the authority to act upon the following matters:
1. Interpretation, enforcement, and administration of the City’s land use regulatory codes as
prescribed in this title, including the approval of equivalencies for projects wherein the
deviation from code is not substantial and there are alternatives provided that achieve the
intent of the code by providing equal or superior results in terms of quantity, quality, location
and/or function;
2. Applications for conditional use permits;
3. Applications for site plan approvals;
4. Applications for minor variances and variances;
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5. Applications for preliminary and final plats as outlined in Chapter 13.04, Platting;
6. Applications for Wetland/Stream/FWHCA Development Permits, Wetland/Stream/FWHCA
Verifications, and Wetland/Stream/FWHCA Minor Development Permits as outlined in Chapter
13.11;
7. Applications for Shoreline Management Substantial Development Permits/conditional use/
variances as outlined in Chapter 13.10;
8. Modifications or revisions to any of the above approvals;
9. Approval of landscape plans;
10. Extension of time limitations;
11. Application for permitted use classification for those uses not specifically classified;
12. Boundary line adjustments, binding site plans, and short plats;
13. Approval of building or development permits requiring Land Use Code and Environmental Code
compliance.
Boise, ID No Yes All subdivisions under 40 lots are approved administratively by the director. Conditional uses,
variances and non-conforming uses are subject to public meetings. The director can also
waive the neighborhood meeting requirement as stated in section 11-03-03(2)(C) of the Boise
Development Code:
C. Waiver
The Director may waive this step for projects that are not complex and have little potential to
substantially impact neighborhood properties.
Anaheim, CA
Anaheim, CA
(continued)
No Yes Conditional use permits and variances require a public hearing. Anaheim also has a procedure
where the Planning Director can administratively approve plans that meet two of the criteria
listed below. The following is from section 18.62.040.20 of the Anaheim Municipal Code:
.020 Types of Adjustments. Administrative adjustments may be approved or conditionally approved by
the Planning Director in the following matters:
.0201 Dimensional requirements for front setbacks: up to twenty percent (20%) may be approved by
the Planning Director.
.0202 All other dimensional or percentage limitations or requirements of this Title, except fences,
walls, hedges and berms: a maximum deviation of ten percent (10%). A deviation of 10% or
less from the requirements for parking may be processed subject to
Section 18.42.050 (Location of Parking and Off-Site Parking Arrangements) and
Section 18.42.120 (Off-Site Parking Permits).
.0203 Maximum height requirements for fences, walls, hedges and berms in any required structural
setback or yard in any non-residential zone separating any non-residential from an adjacent
residential zone where the additional height is required to minimize negative impacts to the
residential use.
.0204 Reconstruction of structures accessory to historic residences in conformance with
subsection 18.56.040.060.
.0205 Garage location and access requirements.
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.0206 Parking requirements subject to the provision of Section 18.42.110 (Parking Variances) and
Section 18.42.050 (Location of Parking and Off-Site Parking Arrangements) of Chapter
18.42 (Parking and Loading).
.0207 Maximum area of allowable wall signs subject to the limitations of Section 18.44.110.010
(Wall Signs and Other Types of Signs): a deviation of up to twenty percent (20%) may be
approved by the Planning Director.
Bellevue, WA
Bellevue, WA
(continued)
No Yes Bellevue’s development review process has five tiers/process types. The Process II level of
review is done administratively with one exception. Process II reviews encompass the majority
of types of development. The types of applications that fall under Process II are as follows
from section 20.35.015(C) of the Bellevue City Code:
C. Process II decisions are administrative land use decisions made by the Director. Threshold
determinations under the State Environmental Policy Act (SEPA) made by the Environmental
Coordinator and Sign Code variances are also Process II decisions. (See the Environmental
Procedures Code, BCC 22.02.034, and Sign Code, BCC 22B.10.180.) The following types of
applications require a Process II decision:
1. Administrative amendments;
2. Administrative Conditional Use;
3. Design Review;
4. Home Occupation Permit;
5. Interpretation of the Land Use Code;
6. Preliminary Short Plat;
7. Shoreline Substantial Development Permit;
8. Variance and Shoreline Variance;
9. Critical Area Land Use Permits;
10. Master Development Plans;
11. Design and Mitigation Permits required pursuant to Part 20.25M LUC, Light Rail Overlay
District; and
12. Review under the State Environment Policy Act (SEPA) when not consolidated with
another permit.
It should be noted that applications for projects in the Light Rail Overlay District do require a
public meeting.
Irving, TX No Yes The only uses subject to public hearings in the Irving Land Development Code are PUDs and
multi-family developments. All other developments are approved administratively.
Norman, OK No Yes Public hearings are required for PUDs, Special Uses, variances and amendments. All other
uses are approved administratively.
Lincoln, NE No Yes Public hearings are required for Permitted Special Uses. Permitted Uses and Permitted
Conditional Uses are both subject to administrative approval.
Coral Springs, FL
No Yes The following procedures require public hearing. All other projects below this threshold are
subject to administrative review and approval.
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• Comprehensive plan amendments
• Rezonings or substantial changes in permitted use
• Plats and plat waivers
• Zoning amendments
• Land development regulations
• Special exceptions
• Conditional use
• Variances
Ann Arbor, MI No, but PDSU Manager
may require a public
meeting depending on
scope, nature or unique
or unusual character of
the project
Yes Ann Arbor requires projects over the following thresholds to hold a public hearing. All
projects below the threshold are approved administratively. The following comes from
section 5.28.1(B) of the Ann Arbor Zoning Ordinance:
B. Type 1 Applications
Before the PDSU may accept an application for a Type 1 application, the following requirements shall be
completed by the applicant. For purposes of this section 5.28.1, a Type 1 application includes any
application for a new or amended planned project, a new or amended planned unit Development zoning
district, an amendment to the zoning map, a proposed project containing over 80 residential units; a
proposed project over 65 feet in height; a proposed project containing over 50,000 square feet of
nonresidential useable Floor area; and any proposed project that may require additional citizen
participation depending on the scope, nature or any unique or unusual characteristics as determined by
the PDSU Manager:
Charlottesville,
VA
No Yes Charlottesville has no public hearing requirement for small projects and also for most projects
that go through site plan review. The site plan review process is reserved for projects above
the following thresholds outlined in section 34-802 of the Charlottesville Code of Ordinances:
(a) In all zoning districts, a site plan shall be required for any construction, use or change in use, for any
development, and prior to the removal of trees having a caliper of fifteen (15) inches or more, except
that no site plan shall be required for the following:
(1) The construction, addition to, or location of any single-family detached dwelling upon a lot
whereon there are located, or proposed to be located, an aggregate of two (2) or fewer
dwellings.
(2) The construction or location of a two-family dwelling on any lot not occupied by any other
dwellings.
(3) Any accessory structure to a single-family detached or two-family dwelling.
(4) Any change of a use, provided that:
a. Such change does not occasion additional parking under the requirements of this chapter;
b. No additional ingress/egress, or alteration of existing ingress/egress is recommended by
the city, based on intensification of use; and
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c. No additional ingress/egress, or alteration of existing ingress/egress is proposed.
d. No removal of trees having a caliper of fifteen (15) inches or more is proposed.
Projects below the aforementioned thresholds have no site plan review requirement.
Furthermore, the Director of Planning is able to approve projects going through the site plan
review process administratively. The following is from section 34-801 of the Charlottesville
Code of Ordinances:
(a) Except as otherwise expressly provided within this article, the city council hereby designates the
planning commission as the approval body for site plans. Recognizing that not all plans may require
review and deliberation by the commission, council also provides for an administrative review under
which the director of the city's department of neighborhood development services (hereinafter,
"director") is authorized to act on behalf of the commission. The director shall have no authority to
act on behalf of the commission to modify, vary, waive or accept substitution for any requirement of
this chapter.
Asheville, NC No Yes Zoning permits do not require public hearings and are approved by city staff. Single-family
homes and duplexes only require zoning permits and thus are only subject to administrative
review. Temporary use permits, use by right, use by right subject to special requirements,
minor subdivisions and Level I site plans are all only subject to review by city staff as well
without a public hearing requirement. The definitions and thresholds of the aforementioned
processes can be viewed in section 7-5 of the Asheville Code of Ordinances:
https://library.municode.com/index.aspx?clientId=12499
Palo Alto, CA
No Yes Staff approves some projects administratively. In addition to use by right, staff approves
variances and conditional use permits. Projects that are subject to Architectural Review
require a public hearing. The following is from section 18.76.020(b) of the Palo Alto Municipal
Code:
(a) Applicability
No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor project, as
set forth in this section, unless an application for architectural review is reviewed, acted upon, and
approved or approved with conditions as set forth in Section 18.77.070.
(1) Exempt Projects. Single-family and two-family residences do not require architectural review,
except as provided under subsections (2)(C) and (2)(D).
(2) Major Projects. The following are "major projects" for the purposes of the architectural review
process set forth in Section 18.77.070, and are subject to review by the architectural review
board:
(A) New construction, including private and public projects, that:
(i) Includes a new building or building addition of five thousand square feet or more; or
(ii) Is not exempt under the California Environmental Quality Act (CEQA) (Section
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Palo Alto, CA
(continued)
21000 et seq. of the California Public Resources Code); or
(iii) Requires one or more variances or use permits and, in the judgment of the director,
will have a significant effect upon the aesthetic character of the city or the
surrounding area;
(B) Any multiple-family residential construction project that contains three or more units;
(C) Construction of three or more adjacent single-family homes or duplexes;
(D) In the Neighborhood Preservation Combining District (NP), properties on which two or
more residential units are developed or modified, except when one of those units is a
"second dwelling unit," as described in Section18.10.140(d);
(E) Any project using transferred development rights, as described in Chapter 18.87;
(F) A master sign program, pursuant to Chapter 16.20;
(G) Signs that do not meet all applicable design guidelines adopted by the city council or do
not conform to a previously approved master sign program;
(H) Signs requiring a sign exception pursuant to Chapter 16.20;
(I) Any minor project, as defined in subsection (3), that the director determines will
significantly alter the character or appearance of a building or site.
(3) Minor Projects. The following are "minor projects" for the purposes of the architectural review
process set forth in Section 18.77.070, except when determined to be major pursuant to
subsection (2)(I):
(A) New construction, including private and public projects, that involves a new building or
building addition of fewer than 5,000 square feet, and which is exempt under the
California Environmental Quality Act (CEQA) (division 13 of the Public Resources Code,
commencing with section 21000);
(B) Signs that meet all applicable guidelines and conform to any previously approved master
sign program;
(C) Landscape plans, fences, exterior remodeling, and design of parking areas, when not part
of a major project;
(D) Any project relating to the installation of cabinets containing communications service
equipment or facilities, pursuant to any service subject to Chapter 2.11, Chapter
12.04, Chapter 12.08, Chapter 12.09, Chapter 12.10, orChapter 12.13.
(E) Minor changes to the following:
(i) Plans that have previously received architectural review approval;
(ii) Previously approved planned community district development plans;
(iii) Plans that have previously received site and design approval;
(iv) Previously approved plans for projects requiring council approval pursuant to a
contractual agreement, resolution, motion, action or uncodified ordinance;
(v) Existing structures requiring council site and design approval or approval pursuant to
a contractual agreement, resolution, motion, action, or uncodified ordinance.
As used in this subsection, the term "minor" means a change that is of little visual significance, does
not materially alter the appearance of previously approved improvements, is not proposed for the
use of the land in question, and does not alter the character of the structure involved. If the
cumulative effect of multiple minor changes would result in a major change, a new application for
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architectural review approval of a major project, site and design approval, planned community
district approval, or other applicable approval is required.
(F) Any changes to previously approved plans requiring architectural review as a minor
project as part of the conditions of a permit or approval.
Portland, ME
Portland, ME
(continued)
No Yes Portland has three levels of site plan review. Levels I and II have no public hearing or
neighborhood meeting requirement and are approved by city staff. Level III site plan review
requires a public hearing. Below is section 14-523(f) of the Portland Land Use Code detailing
the projects that require Level III review. All projects below the thresholds listed below are
subject to administrative review:
(f) Level III Site Plan Review. Development meeting the criteria listed below will undergo Level III Site
Plan Review as follows:
1. The construction of any new structures having a total floor area of ten thousand (10,000)
square feet or more in all zones except the Industrial zones. In any Industrial zone, the
construction of new structures having a total floor area of twenty thousand (20,000) square
feet or more;
2. The construction of any new temporary or permanent surface parking area(s) or paving of
existing unpaved surface areas for more than seventy-five (75) vehicles except in the case of
temporary parking;
3. The construction of any building addition(s), cumulatively having either a total floor area of ten
thousand (10,000) square feet or more within any three-year period in all zones except in the
Industrial zones for the construction of building addition(s) having a total floor area of twenty
thousand (20,000) square feet or more;
4. A change in the use of a total floor area of twenty thousand (20,000) square feet or more in any
existing building cumulatively within any three-year period in all zones,
5. Multiple-family development;
6. The addition of one or two dwelling units to a building, if the additional dwelling unit or units
requires subdivision review under Maine State Statutes and Portland’s Subdivision Ordinance;
Burbank, CA
No Yes Projects that go through formal development review require a public meeting. Some small
projects are not required to go through the development review process. The types of
projects that do not go through the development review process are outlined below. The
following is from section 10-1-1914 of the Burbank Municipal Code:
Approval of a Development Review application shall be required prior to the issuance of any building,
grading, or demolition permit for any project in any zone unless the project is specifically exempted by
this Section or other provisions of this Chapter. The following classes of projects are exempt from
Development Review:
1. Single family residential construction projects in a single family residential zone;
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2. Interior remodeling of an existing structure provided, such remodeling does not include a change
in use;
3. Additions to or new construction of a single family home including accessory structures thereto
on a multiple family zoned lot used for single family residential purposes;
4. Additions to or detached accessory structures to any existing non-residential structure which do
not exceed 1,000 square feet in gross floor area;
5. Additions to or detached accessory structures to any existing multiple family residential
structure that do not 1) exceed 500 square feet in gross floor area, 2) add any dwelling units to
an existing project, or 3) add any bedrooms to an existing unit so as to require one (1) or more
additional parking spaces;
6. Minor revisions to a project as determined by the Director which previously received
Development Review Approval and where such approval has not expired;
7. Demolition of buildings when determined by the Director or designee to be beneficial to the
public health, safety or general welfare; or, when such demolition is not done in preparation for
a building permit subject to Development Review; and
8. Minor projects which the Director determines to be highly consistent with adopted plans of the
City and in compliance with the Code. [Added by Ord. No. 3190; Formerly numbered Section 31-
1914; Amended by Ord. No. 3701, eff. 9/16/06; 3702, 3485, 3307, 3058.]
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Gainesville Development Review Process
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