§ 17.40.106. Development plan.

A.

Pre-application Conference. Prior to the submittal of a rezoning application for the SP district, applicants are encouraged to meet with the executive director of the planning department or designee for guidance on the proposed development plan and its consistency with the principles and objectives of the general plan.

B.

Application Submittal. An application shall be submitted by the property owner, the metropolitan planning commission, or a member of the metropolitan council and shall be accompanied by a development plan in a form and content established by the planning commission, along with all applicable processing fees. The development plan shall consist of written text, exhibits, and plans in a report format that describes existing conditions, the purpose and intent of the SP, the plan's consistency with the principles and objectives of the general plan, a list of allowable land uses, height and size of proposed building types, and development standards and a conceptual site plan, regulatory plan, or site-specific plan for the development. All items must be submitted, at the time of application, for the rezoning application to be deemed complete for review. Any omission of a required submittal item shall be identified, and its reason for omission explained in the development plan, including any application submittal waivers granted by the executive director of the planning department or designee.

C.

Metropolitan Development and Housing Agency (MDHA) and/or Metro Historic Zoning Commission Action. Any existing or proposed SP district located in whole or in part within a redevelopment district or a historic overlay district shall first be referred to and reviewed by MDHA and/or the Metropolitan Historic Zoning Commission for conformance with the relevant plan or guidelines. Any existing or proposed property for SP district which is, in whole or in part, listed on the National Register of Historic Places, identified as eligible for the National Register of Historic Places, or identified as worthy of conservation shall first be referred to and reviewed by the Metropolitan Historic Zoning Commission staff to determine the effects of the proposed SP district on the historic properties. Each agency shall provide a written recommendation to the planning commission on any aspects of the proposed SP district that would be in conflict with the adopted requirements, guidelines, or standards. Adoption of a SP district shall not relieve any property owner from full compliance with the adopted regulations and guidelines of the applicable redevelopment or historic overlay guidelines. Within a SP district, all development shall be consistent with the requirements of the SP district as well as any adopted redevelopment or historical overlay district, whichever is more restrictive.

D.

Metro Planning Commission Action. The planning commission shall review a proposed SP district application for conformance and consistency with the development plan's stated purpose and intent and the principles and objectives of the general plan. The planning commission shall act to provide a recommendation on the application. Within ten working days of an action, the commission's resolution shall be transmitted in writing to the applicant, the metro clerk, the zoning administrator and all other appropriate governmental departments.

E.

Council Consideration. The metropolitan council shall consider an ordinance establishing a SP district and its associated development plan according to the procedures of Article III of this chapter (Amendments to the Official Zoning Map).

F.

Changes to a SP District. An application to modify a SP district, in whole or in part, shall be filed with, and considered by, the planning commission according to the provisions of this section. The metropolitan council shall approve any proposed change in the geographic boundary of a SP district, the modification of specific performance criteria, development standards, land uses, development types or other requirements as shown, described, illustrated, identified, or noted on the last council-approved development plan. These changes shall be considered by the metropolitan council according to the procedures of Article III of this chapter (Amendments to the Official Zoning Map). That portion of a SP plan being amended by the metropolitan council shall adhere to all provisions of this code.

G.

Final Site Plan. All final site plans shall conform to the SP development plan, and shall be submitted in conformance with Section 17.40.170.B. of this title. Approval shall be based on a finding that the final site plan conforms to the approved development plan. Where the development plan approved by the metropolitan council is of such detail for a specific land use, phase, or area of development that the submittal of a final site plan would essentially duplicate the applicable portion of the approved development plan, the executive director of the planning department or designee may waive the submittal of a final site plan. In such cases, an applicant shall proceed to the Codes Department and apply for all required construction permits.

H.

Development Approvals and Permits. Approval of a SP district does not relieve a property owner of any subdivision plat, final site plan, building permit, or other metro department reviews and approvals. Except as specifically provided for in the individual SP ordinance, all development shall be undertaken in conformance with adopted departmental rules and procedures. Where specific amendments to departmental rules and procedures have been included in the adopted SP ordinance, all reviews and permits shall only be issued in conformance with the provisions of the approved SP development plan; however, no rule or procedure amendment shall be implemented if it would vacate or violate any federal or state requirement and all applications must fully comply with Chapter 15.64, "An Ordinance for Stormwater Management" as well as the adopted subdivision regulations.

I.

Review of a Development Plan.

1.

Authorization to Review. The metropolitan planning commission is authorized to review any SP, or portion thereof, to determine whether development activity has occurred within four years from the date of the latter of initial enactment, subsequent amendment, or re-approval by the metropolitan council, and, if determined inactive in accordance with subsection 4.a. of this section, to recommend legislation to the council to re-approve or amend the SP or rezone the property.

2.

Initiation. Review of a SP or portion thereof to determine inactivity may be initiated by the metropolitan planning commission

a.

On its own initiative,

b.

By written request of a member of the metropolitan council, or

c.

By written request of a property owner within the area of the SP requested for review.

d.

Notice of Review. Within five business days of the initiation of a review, the planning commission shall send written notice to the district councilmember(s) for the district(s) in which the SP is located, to the zoning administrator, and to the owner(s) of property in the portion of the SP to be reviewed.

3.

Metropolitan Planning Commission Procedure. Within ninety days from the initiation of its review, the planning commission shall hold a public hearing in accordance with the planning commission's adopted Rules and Procedures to concurrently consider if the SP or portion thereof should be classified as inactive and, if found inactive, provide a recommendation to the metropolitan council on legislation to re-approve or amend the SP or rezone the property.

a.

Determination of Inactivity. To determine that a SP or portion thereof is inactive, the planning commission shall establish each of the findings below. The planning commission may also take into consideration the aggregate of actions, if any, taken within the prior twelve months to develop the portion of the SP under review.

i.

Four or more years have elapsed since the latter of:

(1)

The effective date of the initial enacting ordinance of the SP,

(2)

The effective date of any ordinance approving an amendment to the SP,

(3)

The effective date of any ordinance re-approving or amending a SP after it has been reviewed and decided in accordance with subsection 5.a. or b. of this section, or

(4)

The deadline for action by the metropolitan council in accordance with subsection 5.d. of this section, and

ii.

Construction has not begun on the portion of the SP under review; construction shall mean physical improvements such as, but not limited to, water and sewer lines, footings, and/or foundations developed on the portion of the SP under review; clearing, grading, the storage of building materials, or the placement of temporary structures shall not constitute beginning construction, and

iii.

Neither right-of-way acquisition from a third party nor construction has begun on off-site improvement(s) required to be constructed by the metropolitan council as a condition of the SP approval.

b.

Recommendation to Metropolitan Council. If the planning commission determines that the SP or portion thereof under review is inactive, the commission shall recommend legislation to the metropolitan council to re-approve or amend the SP or rezone the property, or portion thereof that is determined to be inactive. In recommending legislation, the planning commission shall:

i.

Determine whether the existing SP is consistent with the goals, policies, and objectives of the General Plan and any applicable specific redevelopment, historic, neighborhood, or community plans adopted by the metropolitan government.

ii.

Recommend legislation to re-approve or amend the SP or rezone the property, including as required:

(1)

The appropriateness of the continued implementation of the development plan or phase(s) as adopted, based on current conditions and circumstances; and

(2)

Any recommendation to amend the development plan or individual phase(s) to properly reflect existing conditions and circumstances, and the appropriate base zoning classification(s) should the SP district be removed, in whole or in part, from the property.

c.

When Inactivity is Not Established. If the planning commission determines that the SP or portion thereof under review does not meet the criteria of Section 17.40.106.I.3.a. for inactivity, the SP review is concluded, the limitations of subsection 5. are terminated, and a re-review of the SP shall not be initiated in the manner of subsection 2. of this section for twelve months following the commission's determination.

4.

Metropolitan Council Consideration. The procedures of Article III of this chapter (Amendments) shall apply to metropolitan council consideration of ordinance(s) to:

a.

Re-approve the existing SP,

b.

Amend the SP, or

c.

Rezone the property.

d.

Decline to take action by ordinance. If the metropolitan council does not act to re-approve or amend the SP or rezone the property within six months of receipt of the planning commission's recommended legislation, the property may be developed in accordance with the development plan last approved by the metropolitan council, or subsequently revised by the planning commission.

5.

No specific plan application, grading permit, nor any building permit for new building construction shall be submitted, reviewed or issued within the SP or portion thereof for which a review has been initiated until the earlier of:

a.

The metropolitan council's final action to re-approve or amend the SP or rezone the property, or

b.

Six months following the planning commission's submission of a recommendation to the metropolitan council, or the deadline for that submission should the commission fail to act.

(Ord. BL2016-266 §§ 2, 3, 2016; Amdt. 1 to Ord. BL2013-516 §§ 3, 6, 2013; Ord. BL2013-516 §§ 2—6, 2013; Amdt. 1 to Ord. BL2005-762, 2005; Ord. BL2005-762 § 7, 2005)