Item #1

Item #1

In 3.9.2(B), Staff proposes a reference correction due to Section renumbering and to correct the reference to a rezoning application and replacing it so that it refers to a subdivision or site plan application. In 3.9.2(H), the amendment proposes to add language clarifying when the plan associated with a Special Use permit application needs to go before the Planning and Zoning Board for a recommendation.

3.9.2 Common Procedures for Review and Approval of Subdivisions and Site Plans

(B) Application Materials

All subdivision and site plan applications shall include a set of application materials prepared pursuant to this section. Approval of these materials shall be a prerequisite to the review and approval procedures set forth in this section.

(1) General Application Requirements

Applications shall be filed with the Planning Department and shall consist of maps or plans that show the proposed development layout and related information and drawings, as specified by the Planning Director and prepared to the specifications of the Planning Director. Data provided shall be accurate. Incorrect measurement or mathematical results shall be grounds for rejection or refusal to act on the application.

(a) The application shall provide a statement identifying any and all modifications from the design standards or improvement requirements set forth in Chapters 7 and 8 that the applicant will be requesting, including requests for Minor Modifications (see Section 3.19) or Variances (see Section 3.20).

(b) The application shall also be accompanied by other applications, if appropriate, such as a Special Use application (Section 3.8) and/or a voluntary annexation petition.

(c) Any applicant desiring to make a payment of money in lieu of land dedication pursuant to Section 8.2.4 of this Ordinance shall attach a letter to the plan application requesting approval to make payment in lieu of dedication of land.

(d) During review of the application, the Planning Department, the Development Review Committee, the Planning and Zoning Board, and/or the Town Council may require such additional information as may be necessary to review the submission, if applicable.

(e) No application for a site or subdivision plan shall be accepted until the draft findings of the TIA have been received unless the Development Review Committee agrees in advance that the draft findings may be submitted within a week after the date of the subdivision and site plan application.

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(F) Approval Authority

(1) Approval by Town Council

The Town Council shall have final decision-making authority on the following types of site and/or subdivision plans, which shall be reviewed using the procedure set forth in this Section:

(a) Plans that seek reductions or deviations from the buffering (see Section 7.2.3) or parking requirements (see Section 7.8) of this Ordinance beyond the Minor Modifications (see Section 3.19) allowed by staff; and

(b) Plans for uses that require approval of a Special Use (see Section 3.8); and

(d) Plans that seek reductions or deviations from the minimum required setbacks for telecommunications facilities (see Section 5.2.4.D).

(2) Approval by Planning Director

The Planning Director shall have final decision-making authority on all site and/or subdivision plans not subject to review by the Town Council. Such plans shall be reviewed using the procedure set forth in this Section.

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(H) Town Council Review and Approval Process

(1) Director Forwards Application

(a) If the plan seeks reductions to the requirements of this Ordinance or is deferred by the Planning Director, the Planning Department shall forward the application and plan to the Planning and Zoning Board prior to a regularly scheduled meeting of the Board, along with the recommendations of the Development Review Committee, any comments received from the other boards and commissions, and the applicant's response. If a plan is associated with an application for approval of a special use and does not seek reductions or deviations as specified in Section 3.9.2(F)(1)(a), review and recommendation by the Planning and Zoning Board shall not be required.

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(4) Action by Town Council

The application, recommendations, and comments of the appropriate review bodies shall then be forwarded to the Town Council for action. The Town Council shall review this information and approve, conditionally approve, or reject the plan within ninety (90) days of receipt of the plan unless the applicant has caused additional delay beyond this ninety (90)-day period by failing to provide necessary or accurate information.