It is the intent of this Subsection to offset the high level of detailed standards in this Chapter 7 with an expeditious approval of projects that meet the general goals and intent of this district and to ensure consistency and quality of design.
(Ordinance 6773 adopted 5/19/15)
(A) 
Prior to obtaining a Site or Building Permit, an approved Downtown Development Plan must be obtained from the Planning Director (or from the City Council, if the Director's decision is appealed) demonstrating that the proposal meets the goals, intent, and general standards contained in these district regulations.
(B) 
A Downtown Development Plan application shall include the following information and documents that demonstrate compliance with the Downtown district:
(1) 
Site layout plan
(2) 
Proposed uses
(3) 
Unit mix for residential
(4) 
Parking required and provided
(5) 
Landscape, screening, fencing and streetscape plans
(6) 
Building elevations indicating materials and colors
(7) 
Building sections as appropriate, or as may be requested by the Planning Director
(8) 
Calculations for each exterior building material, window area
(9) 
Signage
(10) 
Minor or Major Waivers being requested or previously approved
(11) 
Traffic Impact Analysis, if required
(12) 
Schematic Engineering Drawings and, as applicable, utility layout and capacity analysis
(C) 
An application for a Downtown Development Plan shall be processed in accordance with the City’s procedures set forth in Article 2, Division 1 of Chapter 1 of this GDC.
(D) 
The Director, in making an initial decision on a Downtown Development Plan application, shall determine whether the Plan meets the goals, intent, and standards of the Downtown district.
(E) 
Denial or conditional approval of a Downtown Development Plan by the Director may be appealed to the City Council using the same process as required for a Major Waiver. The appeal shall be filed in writing with the Director within thirty calendar days following the date of the Director’s action on the Downtown Development Plan application.
(F) 
If the application includes a request for a Major Waiver, the Director shall schedule the application for hearing before the Plan Commission along with a recommendation on the application. The Plan Commission, following a public hearing, shall forward its recommendation to the City Council for hearing on the application and Major Waiver request. The City Council, following a public hearing, shall approve, approve with conditions or deny the application for a Downtown Development Plan and the Major Waiver request.
(G) 
The notice and hearing procedures for approval of a zoning change under the GDC shall be used to process the request for a Major Waiver.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 47, adopted 8/20/19; Ordinance 7107, sec. 89, adopted 12/3/19; Ordinance 7524 adopted 4/16/2024)
(A) 
A Regulating Plan may be required for any multi-phased development in order to ensure continuity of development.
(B) 
Regulating Plans will be consistent with the approved Framework Plan.
(C) 
Regulating Plans may be prepared by an applicant or by the City.
(D) 
Regulating Plans will correlate to adjacent plans and development, and will be incorporated as part of the regulations governing the Downtown district.
(E) 
Content. Regulating Plans will include:
(1) 
Street network depicting all major, secondary, collector, local and alley thoroughfares and trail network;
(2) 
Street types;
(3) 
Public open space;
(4) 
Location and capacity of utilities;
(5) 
Mandatory or recommended flex space construction at-grade;
(6) 
Terminated vista and landmark feature locations;
(7) 
Building height, building type or land use overlay(s) (if applicable);
(8) 
A Phasing Plan of open space amenities (if applicable);
(9) 
Any waivers being requested (any variation to this Chapter’s standards must be specifically requested); and
(10) 
Any requirements specific to the site, as may be determined by the Planning Director.
(F) 
An application for a Regulating Plan shall be processed in accordance with the City’s procedures set forth in Article 2, Division 1 of Chapter 1 of this GDC.
(G) 
The Director, in making an initial decision on a Regulating Plan application, shall determine whether the Plan meets the goals, intent, and standards of the Downtown district.
(H) 
Denial or conditional approval of a Regulating Plan by the Director may be appealed to the City Council using the same process as required for a Major Waiver. The appeal shall be filed in writing with the Director within thirty calendar days following the date of the Director’s action on the Downtown Development Plan application.
(I) 
If the application includes a request for a Major Waiver, the Director shall schedule the application for hearing before the Plan Commission along with a recommendation on the application. The Plan Commission, following a public hearing, shall forward its recommendation to the City Council for hearing on the application and Major Waiver request. The City Council, following a public hearing, shall approve, approve with conditions or deny the application for a Regulating Plan and the Major Waiver request.
(J) 
The notice and hearing procedures for approval of a zoning change under the GDC shall be used to process the request for a Major Waiver.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 48, adopted 8/20/19)
(A) 
Types of Waivers.
For the purposes of this district, there shall be two types of Waivers of design standards - Minor and Major. A Waiver may be made in conjunction with an application for a Downtown Development Plan, or prior to and independent of the application. Any Waiver must be specifically requested by the Applicant. No Waivers to standards will be considered approved if not specifically identified in the request for approval of a Development Plan.
(B) 
Minor Waivers are those changes to design standards in the Downtown district that are determined to meet the goals and intent of this district as stated in Article 1 of this Chapter 7 and throughout this Chapter. Minor Waivers may be approved administratively by the Director. A Minor Waiver may only be approved if it:
(1) 
Meets the goals and intent of this district;
(2) 
Does not materially change the circulation and building location in the area;
(3) 
Does not change the relationship between buildings and the street; and
(4) 
Does not allow a use not otherwise authorized in this district.
(C) 
Major Waivers are material and substantial changes to the design standards in the Downtown district, or changes which may initially appear to be in conflict with the goals and intent of this district. Major Waivers may only be approved by the City Council, following a recommendation by the Planning Director and the Plan Commission. In order to approve a Major Waiver, the City Council shall find that the Waiver:
(1) 
Meets the general intent of this district; and
(2) 
Will result in an improved project which will be an attractive contribution to the Downtown district.
(D) 
The City may impose conditions in the granting of any Waiver in order to implement the Downtown Plan, and to mitigate negative impacts to neighboring properties, public streets or open space.
(E) 
The following Waivers are authorized within the Downtown district, subject to the procedures in this Section:
(1) 
Minor Waivers include changes to the following standards, or as otherwise identified in these district regulations:
(a) 
Reduction in minimum floor-to-ceiling height for Flex Space at-grade space of up to ten percent;
(b) 
Vehicular access drive locations;
(c) 
Vehicular access from a street where alley access is available;
(d) 
Continuous building frontage less than seventy-five percent, but not less than sixty percent;
(e) 
Counting parking lot frontage which is planted with a double row of trees and landscaping, as part of the requirement for continuous frontage;
(f) 
Separation of business patrons from the general public on a sidewalk, using another method than planters or fencing;
(g) 
Use of building materials other than masonry and 3-stage stucco on walls not visible from a street, plaza or other public open space;
(h) 
Increase the amount of window area by up to fifteen percent for building facades that contain loft residential units;
(i) 
Bicycle parking requirements;
(j) 
Use of neon as a lighting source;
(k) 
Use of a stamped concrete version of brick, stone or cobbles as a paving surface;
(l) 
Approval of a marquee sign; and
(m) 
Approval of more than one wall sign for a single-occupancy building.
(2) 
Major Waivers include changes to the following standards, and as otherwise identified in these district regulations:
(a) 
Various land uses in sub-districts as indicated in Table 7-1;
(b) 
Exceeding limitations established for a Minor Waiver; and
(c) 
Any variation in rules not covered by a Minor Waiver.
(Ordinance 6773 adopted 5/19/15; Ordinance 7524 adopted 4/16/2024)
An amendment to an approved Downtown Development Plan must be submitted prior to the time for lapse of approval provided in Section 7.32 below. In the event an amended Downtown Development Plan is approved, the approving authority amending the Plan shall specify the time for lapse of such approval, not to exceed two years (that is, 730 calendar days), consistent with Section 7.32.
(Ordinance 6773 adopted 5/19/15)
The approval of any component of a Downtown Development Plan shall lapse in accordance with the provisions of Chapters 2, 3 or 4 of this GDC (as applicable), including requests for extensions.
(Ordinance 6773 adopted 5/19/15)