19.13.04 Specific Development Processes and Submittal Requirements

1. This Section of the Chapter identifies the development processes for each of the major types of developments within the City of Saratoga Springs. The following table is a non-exhaustive summary of these processes, and specifies who acts as the land use authority for each: 19.13.04. Specific Development Processes and Submittal Requirements. 1. This Section of the Chapter identifies the development processes for each of the major types of developments within the City of Saratoga Springs. The following table is a non-exhaustive summary of these processes, and specifies who acts as the land use authority for each: Process and Land Use Authority Planning Director Approval Planning Commission Public Hearing Planning Commission Recommendation Planning Commission Approval City Council Public Hearing City Council Approval Development Type Agriculture Protection Agriculture Protection Removal X X X X Annexation X X Annexation Policy Plan Map X Amendment Change of Use Permit1 X Code Amendment X X X Community Plan X X X Community Plan Major Amendment X X X Community Plan Minor Amendment X Concept Plan X – Nonbinding Concept Plan, in advance of a Rezone Conditional Use – Existing X Nonconforming1 Development Agreement (DA) DA Amendment – Major DA Amendment – Minor X General Plan Amendment Home Occupation2 X Lot Line Adjustment X Master Development Agreement (MDA) MDA Amendment – Major MDA Amendment – Minor X X –Optional, non-binding X X X X X -Optional, non-binding X X X X X Development Type Minor Subdivision New or Unlisted Business Use/Classification Request Permanent Signs Planned Unit Development, Concept Plan, NonBinding Planned Unit Development, Preliminary Plat Planned Unit Development, Final Plat Plat, Amendment1 Plat, Condominium and Final, except single-family, twofamily and townhomes 3, 6 Plat, Final for single-family, twofamily and townhomes 3, 6 Plat, Preliminary in a CP or VP Plat, Preliminary, except single-family, two-family and townhomes 3, 6 Plat, Preliminary for single-family, twofamily and townhomes 3, 6 Rezone Site Plan-MultiFamily, Two-andThree-Family Site Plan-MultiFamily, Two-andThree-Family, Amendment - Major Site Plan-MultiFamily, Two-andThree-Family, Amendment - Minor Planning Director Approval X X X X X X X X X Planning Commission Public Hearing X Planning Commission Recommendation X X5 X X X X Planning Commission Approval X – With variations X City Council Public Hearing X City Council Approval X X – With variations X X4 X4 X5 X X X X Site Plan-Non- Residential X X Site Plan-Non- Residential, X X Amendment - Major Site Plan-Non- Residential, X Amendment - Minor Site Plan - Gateway Overlay X X Temporary Church Office Trailer X Temporary Sign X Temporary Use X Variance Public Meeting with Hearing Examiner Village Plan X X X Village Plan Major Amendment X X X Village Plan Minor Amendment X 1. May be approved by staff unless staff determines Planning Commission or City Council approval is required per §19.12 or §19.13. 2. May be approved by staff unless staff determines Planning Commission approval is necessary based on the criteria in §19.08.04. 3. Written notice to canal owner if within 100 feet of subdivision as per UCA §10-20-803(2)(e). 4. If consistent with the Preliminary Plat approval, Planning Director may approve, otherwise, City Council approval is required. 5. Planning Director approval if the Preliminary Plat layout is contained in the Community Plan or Village Plan. If not, the Preliminary Plat shall be reviewed by the Planning Commission with a recommendation to the City Council. 6. Excluding plats in the Planned Community, Mixed Residential, and Mixed Waterfront zones. 2. A Neighborhood Meeting, or Neighborhood Canvas at the discretion of the applicant, is required for any multi-family or non-residential development proposal adjacent to developed property in a residential zone. a. Neighborhood Meeting: i. This meeting shall include the developer or applicant and adjacent residents within the subdivision. ii. If a homeowners association exists in the area, the developer or builder shall notify the HOA by mail of the meeting at least ten calendar days before the meeting. iii. The developer or applicant shall provide notice of the meeting by mail to each residential property within 300 feet of the property at least ten calendar days prior to the meeting. iv. The developer or applicant shall be required to determine the noticing area with the advice and consent of Staff. v. The developer or applicant must provide a proposed site plan and conceptual building elevations for review and discussion at the meeting. vi. The Developer or Applicant must provide City Staff with a written record of what transpired during the meeting, as well as an attendance roll from the meeting. vii. The Neighborhood Meeting must take place prior to a proposed project being reviewed by the Land Use Authority. b. Neighborhood Canvas i. The canvas shall include review of the proposed site plan and building elevations at each home. ii. Signatures, from a minimum of 51 percent of the property owners, verifying that they viewed the site plan and the building elevations, shall be provided to City Staff at the conclusion of the canvas. iii. The canvas must take place prior to a proposed project being reviewed by the Land Use Authority. 3. Submittal, Resubmittal, and Supplemental Submittal of Application. a. The developer or property owner shall file a properly completed development application form, including all required supporting materials and an appropriate application fee, with the Planning Director. b. The Planning Director shall determine whether the application is complete within ten business days after its filing. i. If the application is complete, and upon determination that the application substantially complies with applicable Code requirements, the Planning Director shall place the application on the next possible Land Use Authority agenda taking into consideration public notice requirements and other criteria for placing an item on the agenda found in Title 2 of the City Code. ii. If the application is not complete, the Planning Director shall return it with a written statement explaining what is needed to complete the application. c. Submittals or resubmittals of plans shall be submitted to the Planning Director no less than 2 weeks prior to the notice deadline for any meeting to allow adequate time to review for substantial Code compliance. d. Supplemental items to be added to a presentation to a Land Use Authority shall be submitted no less than 7 days prior to the meeting. 4. Notice of Public Hearings. a. Notice for items requiring a public hearing shall comply with the requirements of this Section and Utah Code Chapters 10-20 and 52-4. b. The developer shall incur the entire cost of providing the required notice. c. Additional notice shall be provided as follows: d. For Ordinances, Zoning Map Amendments (Rezones), New or Unlisted Business Uses, and General Plan Amendments only, mailed to each affected entity; and i. for Community Plan Adoptions and Major Amendments, Master Development Agreement Adoptions, Zoning Map Amendments (Rezones), and Village Plan Adoptions and Major Amendments only, mailed to: ii. each property owner whose land is directly affected by the proposal that is the subject of the public hearing; and iii. each property owner of each parcel or lot within 300 feet of the property that is the subject of the public hearing. 5. Notice of Land Use Applications. a. The State Department of Veteran and Military Affairs shall be notified of any land use application other than an individual building permit related to land within 5,000 feet of a boundary of Camp Williams before the City may approve the land use application. 6. Decision of Planning Director. a. If designated as the Land Use Authority, the Planning Director shall determine whether the development application complies with all applicable requirements of this Title or other development ordinances and policies of the City. b. If the Planning Director determines that the proposed development application is complete and is in compliance with the City Code and other ordinances and policies of the City, then the Planning Director may take action to approve the application. c. In proposals where the Planning Director determines that the proposed development is not in compliance with the City Code and other ordinances and policies of the City, the Planning Director may take action to deny the application. 7. Decision of Planning Commission. a. If designated as the Land Use Authority, the Planning Commission shall determine whether the development application complies with all applicable requirements of this Title or other ordinances and policies of the City and conduct a public hearing, when required, on the proposed development application. The Planning Commission shall only act as the Land Use Authority for administrative decisions and shall not act as the Land Use Authority for a legislative decision. b. At the hearing, the Planning Commission shall take testimony and, in the case of an administrative decision, determine whether the proposed development complies with all applicable requirements of this Title or other development ordinances and policies of the City. c. If the Planning Commission determines that the proposed development application is complete and is in compliance with the City Code, then the Planning Commission may take action on the application. i. If the Planning Commission is the Land Use Authority, the Planning Commission shall make a decision to approve, approve with conditions or deny the application. ii. If the City Council is the Land Use Authority, the Planning Commission shall make a recommendation to the City Council on the application, unless the development process in 19.13.04 specifies otherwise. iii. The Planning Commission may also table its decision or recommendation if it finds that the application materials are incomplete or if more information or additional research is need to determine if the requirements of the City Code or City ordinances are met. 8. Decision of City Council for Administrative Decisions. a. If designated as the Land Use Authority, the City Council shall determine whether the development application complies with all applicable requirements of this Title or other ordinances and policies of the City and conduct a hearing, when required, on the proposed development application. b. If a public hearing is required, the City Council shall take testimony and determine whether the proposed development complies with all applicable requirements of the City Code or other ordinances and policies of the City. c. If the City Council determines that the development application is complete and is in compliance with the City Code, then the City Council shall approve the application. 9. Decision of City Council for Legislative Decisions. a. The City Council is the Land Use Authority for all legislative decisions and shall conduct a public hearing, when required, or a public meeting on the proposed development application. b. At a public hearing, the City Council shall take testimony and decide whether to grant the application. At a public meeting, the City Council shall discuss whether to grant the application. 10. Remand. a. Any land use authority may remand an application to a recommending body for further review and recommendation unless a different process is specified in 19.13.04.