Title 15 ZONING
Chapter 15.40 M-C -- MIXED COMMERCIAL DISTRICT
15.40.045 Neighborhood input meeting required.
A. The purpose of this section is to provide adequate
opportunity for both applicants and residents to give and receive input
regarding proposed projects prior to their formal submission so that the
projects are carefully designed and conceived to be compatible with surrounding
neighborhoods. It is not the intent of the city council to require formal
agreements between applicants and residents prior to the submission of
applications, nor shall any applicant be denied a right to proceed to any
required or permitted hearings on an application because no agreement is
reached. Rather, the city council by this section is encouraging reasonable,
honest, good faith communication between residents and applicants. The comments
of both community residents and applicants given at such neighborhood input
meetings, as well as the results of the meetings, shall be a part of the record
of the public hearings concerning the application, and shall be one of the
criteria which shall be considered and may be relied upon by the city council in
making its decision on the application. The purpose of the neighborhood input
meeting is to allow the applicant to present to those in attendance the nature,
character and extent of the action requested by the applicant, and to allow
those in attendance to give input to the applicant regarding the
proposal.
B. Prior to submitting any application for a preliminary or
final development plan in the mixed commercial district, or for any amendment to
a preliminary or final development plan which would constitute a change in
permitted use(s), except as provided in subsection (J) of this section, an
applicant shall schedule a neighborhood input meeting and follow the procedures
set forth in this section.
C. At least thirty days prior to the date of the neighborhood
input meeting, the applicant shall provide to the community development
department:
1. Typed mailing labels for the property owners of lots,
together with the contact persons for any homeowners’ association(s) all
or part of which are located within two thousand feet of the area proposed to be
rezoned;
2. A typed list identifying the property owner name(s) and
address(es) for each lot in the notification area, with parcel identification
number. The names and addresses shall be taken from the most recent applicable
county assessor records;
3. A copy of the notice letter that will be mailed to each
property owner listed.
D. The notice letter shall state the time and place of the
neighborhood input meeting, which location shall be arranged by the applicant
but shall be reasonably convenient to the applicant, the property owners and
city staff. The notice letter shall also include a brief description of the
proposal, a vicinity map of the site location, and any other information deemed
necessary by staff.
E. Within five days, the community development department
shall review the labels, list and notice letter, notify the applicant of any
necessary changes to the list, labels or notice letter, and return the labels
and list to the applicant with the required number of city envelopes.
F. The applicant shall stuff the city envelopes with the
notice letters, apply proper postage to the envelopes, and return the envelopes,
unsealed, to the community development department at least twenty days prior to
the scheduled date of the neighborhood input meeting.
G. The city shall seal the envelopes and mail the notice
letters at least fifteen days prior to the scheduled date of the neighborhood
input meeting.
H. A representative of the community development department
shall attend the meeting primarily to introduce the applicant, and to provide
those in attendance with information on the review process for the application,
and to notify those in attendance about their opportunity to give input to the
planning and zoning commission and the city council at hearings, should the
applicant elect to file the application.
I. At the neighborhood input meeting, the applicant shall
present the proposal, invite comments from those in attendance, and answer
questions. The applicant shall also make a written record of those persons in
attendance, together with a summary of the comments received by the applicant,
within ten days after the meeting. Such written record shall be reviewed for
accuracy by the community development department representative who was in
attendance. Once approved, such written record shall become part of the
permanent record attending the application.
J. No application for a preliminary or final development
plan, or any amendment to a preliminary or final development plan which would
constitute a change in permitted use(s), shall be accepted by the city pursuant
to the provisions of Sections 15.40.050 and 15.40.070 of this chapter until the
applicant has complied with this section.
K. The community development director or his/her designee has
the authority to waive the requirement for a neighborhood input meeting for a
proposed final develop-
ment plan if he/she determines that all of the following
criteria are met:
1. The applicable preliminary development plan was adopted
after compliance with this section.
2. The proposed application for a final development plan is
identical to the preliminary development plan, with respect to allowed uses and
density or intensity of uses.
3. No more than one year has elapsed between the date of
approval of the preliminary development plan and the date on which the submittal
for the proposed final development plan was received and deemed complete by the
community development department. (Ord. 1998-32 § 2: Ord. 1996-22 §
5)