Section 906 Planning Level 3 Review
Sept 27, 2014 15:57:26 GMT -5
Alaska HEMI R/T Jm Admin. likes this
Post by BagLady on Sept 27, 2014 15:57:26 GMT -5
Here are some explanatory notes excerpted from an email from Polk County regarding the complaint against KCN:
1. Regarding the towers, if they are all "50 feet or below", then Chapter 3, Section 303, does not apply. They would still need the building permits. If any of the "towers is over 50’", they would have to process a level 3, Conditional Use/PUD modification (subsection 5 under Sect 303 Communication Towers)
2. Regarding the home occupation, the business can be deemed as a home occupation if it complies with the conditions of Section 206.E. The tower needed to run the business will be considered an external structure so he will be required to obtain a Level 3 approval (Section 206.E.1.a.), and he can only have one employee coming to the home to work with/for him. No outside storage, including parking of commercial vehicles associated with the business is allowed.
Level 3 Approval is nearly "starting from scratch" insofar as the comprehensive nature of the requirements to be submitted for review. Here is the explanation of a Level 3 Review:
Attachment Deleted
After reading all this, would anyone like to hazard a guess as to HOW MUCH MONEY it will cost to undergo a Level 3 Review?
Section 906 Level 3 Review
A. Purpose
The Level 3 Review is a technical and compatibility review of development applications and plans which have limited issues to be reviewed by a citizen authority in a public hearing forum, in which affected parties can provide input and feedback to the applicant and the Planning Commission (peasee). The Planning Commission sH all determine whether the proposed development complies with the standards of this Code and the Comprehensive Plan regarding the following issues:
1. The compatibility of non-residential uses near or adjacent to residential land uses or vacant land designated as residential;
2. The compatibility of proposed residential uses in proximity to existing residential densities of a significantly different density;
3. Where there are specific characteristics of the proposal which may result in potential adverse off-site impacts. Site characteristics such as a dumpster, driveway, drive-through window, or buffer will be reviewed to determine compatibility and possible mitigation of impacts not deemed compatible;
4. The effects of noise, vibration, air pollution, glare and odor may adversely impact the use of adjacent properties sH all be reviewed, and if such effects can be mitigated and conditions for mitigation imposed;
5. Whether the requested development meets minimum development standards as stated in this Code, and other County development regulations; and
6. A development plan which mitigates impacts as outlined in an Impact Assessment Statement which has been prepared pursuant to Section 910.
B. Performed By
A Level 3 Review is performed by the Development Review Committee and Planning Commission (peasee). The DRC and the Planning Commission may approve, deny or approve with conditions.
C. Results
A successful Level 3 Review will result in an approval, or approval with conditions, or an affirmative recommendation of the plans presented.
D. Review Process for Level 3 Review (Rev. 3/8/06 - Ord. 06-12)
1. A pre-application meeting is optional, but recommended.
2. Applications for development review sH all be available from the Development Services Division. A complete application sH all be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by other parties will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the application sH all be signed by an officer of the corporation. All applications sH all comply with the following submittal requirements and additional submittal requirements that may be required by other Sections of this Code or by resolution adopted by the Polk County Board of County Commissioners.
a. Applications sH all include documents and drawings showing:
i. Name of owner or contact, address, and phone number;
ii. Description of intended use and Land Use District;
iii. Preliminary Development Plan;
iv. Location and linear dimensions and size of parcel;
v. Legal description of property involved;
vi. Access;
vii. Boundary survey or scaled drawing as required by this Code; and,
viii. Tax parcel sheets and aerial photos.
b. There may be additional submittal requirements in other Sections of this Code. All plans submitted for review by the County and other review agencies sH all be identical. Any revisions made at the request of one or more review agencies sH all be resubmitted with the request number of copies.
c. All preliminary plans sH all include the following information:
i. Location of the subject property in relation to surrounding and
adjacent roadways and proposed access to the property street Ntwerk;
ii. General description of the project, illustrating the location of all proposed uses. Residential projects sH all include the total number of units proposed and density. Non-residential projects sH all include the floor area ratio (FAR) and impervious surface ratio (ISR);
iii. Location and type of developments, land uses, and driveways or roads within 150 feet of the proposed project;
iv. A drawing of the site (at a scale of one inch equals 60 feet) showing major geographical features including creeks, ditches, water bodies, other prominent topographic features (USGS, or tax maps may be used);
v. Location of major tree stands and other large trees (this may be outlined on aerial maps, and need not be a tree survey);
vi. Location, size and number of stories of proposed building and above ground transmission structures;
vii. General parking lot layout with approximate number of spaces, basic traffic flow and proposed circulation patterns;
viii. A statement indicating whether access will be required to a state, city, county or private road;
ix. Generalized location of intended buffers;
x. Proposed foot print of non-residential building indicating building setbacks and access points;
xi. Typical and minimum lot size on residential projects;
xii. A map identifying the location and elevation of any flood zones, wetlands and other Development Limitation or Resource Protection Areas;
xiii. A general description of how drainage will be handled, including a soils statement (Natural Resources Conservation Service acceptable) and the general area of the site to be used for stormwater management facilities;
xiv. Any special occupancies to be included on the site, which may include but are not limited to, underground storage tanks, a fireworks manufacturing site, a paint and body shop; or any other occupancy that includes a fire safety concern;
xv. Existing water and waste water services; (this may simply be a statement such as: "There are no water or wastewater service facilities on or near the site@);
xvi. The gross floor area per floor of the building proposed;
xvii. The proposed use as listed in the appropriate use tables in Chapters 2, 3, and 4; and,
xviii. Current Property Appraiser parcel maps and aerials for the site.
3. The Development Services Director sH all send a copy of the application to each
member of the Development Review Committee and sH all place the request on the agenda of the next Committee meeting allowing for a minimum 15 working days for review.
4. The County sH all provide notice of the request according to the requirements of
Section 960.
5. Each committee member sH all submit written comments as to the probable effect of
the proposed development on the public facilities and services and the compliance or lack thereof with this Code and the Comprehensive Plan.
6. Within ten working days after the committee meets to consider the plan and
comments, the Development Services Director sH all prepare a written report setting forth DRC findings and conclusions supporting its recommendation to the Planning Commission. The written report sH all:
a. Recommend approval or approval with conditions of the application as consistent with this Code; or
b. Recommend denial of the application based upon its failure to comply with the requirements of this Code.
7. The Planning Commission sH all make findings regarding the factors outlined in
Section 920 and render a final decision to recommend approval, approval with conditions, or denial of the development application. The Planning Commission, in the review of development plans, sH all consider the following factors:
a. Whether the proposed development is consistent with all relevant requirements of this Code;
b. Whether the proposed development is consistent with all applicable policies of the Comprehensive Plan;
c. Whether the proposed use is compatible with surrounding uses and the general character of the area, including such factors as density, height, bulk, scale, intensity, traffic, noise, and appearance; and
d. How the concurrency requirements will be met, if the development were built.
8. The Planning Commission may consider conditions and safeguards in conformity
with the intent and provisions of this Section, including the following:
a. Limit the manner and extent to which an activity is conducted to minimize environmental effects such as: noise, vibration, air pollution, glare, and odor;
b. Limit the height, size, or location of a building or other structure (including signs) to minimize incompatibilities between a proposed development and surrounding uses;
c. Designate the size, number, and location of vehicle access points to minimize hazards for vehicular or bicycle/pedestrian traffic and to minimize congestion on public roads;
d. Prescribe the location of on-site facilities such as parking areas, loading areas, driveways, drive-thru windows, and trash collection areas to minimize adverse impacts on adjacent properties;
e. Limit the location and intensity of outdoor lighting, including sign lighting, or require its shielding to protect adjacent or nearby property and public roadways from glare;
f. Require berming, screening, or landscaping to lessen visual and sound impacts which may adversely affect adjacent or nearby property; and
g. Specify other conditions in conformity with the intent and purpose of this Code and the Comprehensive Plan.
9. When part of a Planned Development or Conditional Use Review (Level 3 Review),
the Planning Commission is also authorized to review, hear, and act upon variances and expansions of non-conforming uses as they relate to that proposal.
10. Any applicant or substantially affected property owner who is dissatisfied with a
decision of the Planning Commission may request a full hearing before the Board of County Commissioners by filing an application for a hearing with the Development Services Division within seven calendar days after the Planning Commission hearing. The Board of County Commissioners sH all set a time, date and place for the hearing. Notice of the hearing before the BoCC sH all be given in the same manner as the notice for the Planning Commission hearing.
E. Minor Modification to Level 3 Approval (Rev. 12/08/03 Ord. 03-69; Rev. 7/29/02 - Ord. 02-52)
The following changes may be reviewed as minor modifications to approved conditional uses:
1. Any change in the number of parking spaces resulting in an increase of less than ten percent in the number of spaces provided;
2. Alterations not significantly affecting the basic size and form of the building as shown on the approved plan, subject to an amended building permit approval. Changes in size and form will only be considered substantial if they occur within 50 feet of the boundary of the conditional use or within 50 feet of any part of the conditional use which has been constructed or sold to any owner or owners different from the applicant requesting the change;
3. Any reduction in the amount of open space of less than five percent or any non-substantial change in the location or characteristics of open space;
4. Non-substantial changes in location or type of pedestrian or vehicular accesses or circulation, which will not affect adjacent properties, functionality of the system or interconnections;
5. Any increase in intensity of non-residential uses for a portion of the project which is further than 100 feet from the conditional use boundaries or any part of the project which has been constructed or sold to an owner or owners different from the applicant requesting the change;
6. An increase in residential density which results from an increase in the total number of lots by less than ten percent of the total number of approved lots within a project, or project phase, provided there is no change to the minimum lot size or general lot layout and there is no increase in the overall gross density;
7. Any increase or decrease in intensity or density, as long as the intensity or density was not a condition, requirement, or basis for approval;
8. An increase in structure height less than eight feet, provided there is no increase in the number of stories;
9. Any changes in the phasing schedule which do not impact timing, amount, or completion of improvements; or the satisfaction of any specific conditions;
10. Any change in required yard setbacks of 20 percent or less, except a change which would affect any easement or a change adjacent to an existing or proposed residential area;
11. Any increase in gross floor area of less than or equal to five percent of the gross floor area for the project; and,
12. Subsequent to development, changes to dimensional requirements on residential lots may be processed as variances pursuant to Section 910.
F. Major Modification to Level 3 Approval
Major modifications to an approved conditional use other than those outlined in Subsection E.1-10 sH all be reviewed pursuant to Section 906, Level 3 Review.
1. Regarding the towers, if they are all "50 feet or below", then Chapter 3, Section 303, does not apply. They would still need the building permits. If any of the "towers is over 50’", they would have to process a level 3, Conditional Use/PUD modification (subsection 5 under Sect 303 Communication Towers)
2. Regarding the home occupation, the business can be deemed as a home occupation if it complies with the conditions of Section 206.E. The tower needed to run the business will be considered an external structure so he will be required to obtain a Level 3 approval (Section 206.E.1.a.), and he can only have one employee coming to the home to work with/for him. No outside storage, including parking of commercial vehicles associated with the business is allowed.
Level 3 Approval is nearly "starting from scratch" insofar as the comprehensive nature of the requirements to be submitted for review. Here is the explanation of a Level 3 Review:
Attachment Deleted
After reading all this, would anyone like to hazard a guess as to HOW MUCH MONEY it will cost to undergo a Level 3 Review?
Section 906 Level 3 Review
A. Purpose
The Level 3 Review is a technical and compatibility review of development applications and plans which have limited issues to be reviewed by a citizen authority in a public hearing forum, in which affected parties can provide input and feedback to the applicant and the Planning Commission (peasee). The Planning Commission sH all determine whether the proposed development complies with the standards of this Code and the Comprehensive Plan regarding the following issues:
1. The compatibility of non-residential uses near or adjacent to residential land uses or vacant land designated as residential;
2. The compatibility of proposed residential uses in proximity to existing residential densities of a significantly different density;
3. Where there are specific characteristics of the proposal which may result in potential adverse off-site impacts. Site characteristics such as a dumpster, driveway, drive-through window, or buffer will be reviewed to determine compatibility and possible mitigation of impacts not deemed compatible;
4. The effects of noise, vibration, air pollution, glare and odor may adversely impact the use of adjacent properties sH all be reviewed, and if such effects can be mitigated and conditions for mitigation imposed;
5. Whether the requested development meets minimum development standards as stated in this Code, and other County development regulations; and
6. A development plan which mitigates impacts as outlined in an Impact Assessment Statement which has been prepared pursuant to Section 910.
B. Performed By
A Level 3 Review is performed by the Development Review Committee and Planning Commission (peasee). The DRC and the Planning Commission may approve, deny or approve with conditions.
C. Results
A successful Level 3 Review will result in an approval, or approval with conditions, or an affirmative recommendation of the plans presented.
D. Review Process for Level 3 Review (Rev. 3/8/06 - Ord. 06-12)
1. A pre-application meeting is optional, but recommended.
2. Applications for development review sH all be available from the Development Services Division. A complete application sH all be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by other parties will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the application sH all be signed by an officer of the corporation. All applications sH all comply with the following submittal requirements and additional submittal requirements that may be required by other Sections of this Code or by resolution adopted by the Polk County Board of County Commissioners.
a. Applications sH all include documents and drawings showing:
i. Name of owner or contact, address, and phone number;
ii. Description of intended use and Land Use District;
iii. Preliminary Development Plan;
iv. Location and linear dimensions and size of parcel;
v. Legal description of property involved;
vi. Access;
vii. Boundary survey or scaled drawing as required by this Code; and,
viii. Tax parcel sheets and aerial photos.
b. There may be additional submittal requirements in other Sections of this Code. All plans submitted for review by the County and other review agencies sH all be identical. Any revisions made at the request of one or more review agencies sH all be resubmitted with the request number of copies.
c. All preliminary plans sH all include the following information:
i. Location of the subject property in relation to surrounding and
adjacent roadways and proposed access to the property street Ntwerk;
ii. General description of the project, illustrating the location of all proposed uses. Residential projects sH all include the total number of units proposed and density. Non-residential projects sH all include the floor area ratio (FAR) and impervious surface ratio (ISR);
iii. Location and type of developments, land uses, and driveways or roads within 150 feet of the proposed project;
iv. A drawing of the site (at a scale of one inch equals 60 feet) showing major geographical features including creeks, ditches, water bodies, other prominent topographic features (USGS, or tax maps may be used);
v. Location of major tree stands and other large trees (this may be outlined on aerial maps, and need not be a tree survey);
vi. Location, size and number of stories of proposed building and above ground transmission structures;
vii. General parking lot layout with approximate number of spaces, basic traffic flow and proposed circulation patterns;
viii. A statement indicating whether access will be required to a state, city, county or private road;
ix. Generalized location of intended buffers;
x. Proposed foot print of non-residential building indicating building setbacks and access points;
xi. Typical and minimum lot size on residential projects;
xii. A map identifying the location and elevation of any flood zones, wetlands and other Development Limitation or Resource Protection Areas;
xiii. A general description of how drainage will be handled, including a soils statement (Natural Resources Conservation Service acceptable) and the general area of the site to be used for stormwater management facilities;
xiv. Any special occupancies to be included on the site, which may include but are not limited to, underground storage tanks, a fireworks manufacturing site, a paint and body shop; or any other occupancy that includes a fire safety concern;
xv. Existing water and waste water services; (this may simply be a statement such as: "There are no water or wastewater service facilities on or near the site@);
xvi. The gross floor area per floor of the building proposed;
xvii. The proposed use as listed in the appropriate use tables in Chapters 2, 3, and 4; and,
xviii. Current Property Appraiser parcel maps and aerials for the site.
3. The Development Services Director sH all send a copy of the application to each
member of the Development Review Committee and sH all place the request on the agenda of the next Committee meeting allowing for a minimum 15 working days for review.
4. The County sH all provide notice of the request according to the requirements of
Section 960.
5. Each committee member sH all submit written comments as to the probable effect of
the proposed development on the public facilities and services and the compliance or lack thereof with this Code and the Comprehensive Plan.
6. Within ten working days after the committee meets to consider the plan and
comments, the Development Services Director sH all prepare a written report setting forth DRC findings and conclusions supporting its recommendation to the Planning Commission. The written report sH all:
a. Recommend approval or approval with conditions of the application as consistent with this Code; or
b. Recommend denial of the application based upon its failure to comply with the requirements of this Code.
7. The Planning Commission sH all make findings regarding the factors outlined in
Section 920 and render a final decision to recommend approval, approval with conditions, or denial of the development application. The Planning Commission, in the review of development plans, sH all consider the following factors:
a. Whether the proposed development is consistent with all relevant requirements of this Code;
b. Whether the proposed development is consistent with all applicable policies of the Comprehensive Plan;
c. Whether the proposed use is compatible with surrounding uses and the general character of the area, including such factors as density, height, bulk, scale, intensity, traffic, noise, and appearance; and
d. How the concurrency requirements will be met, if the development were built.
8. The Planning Commission may consider conditions and safeguards in conformity
with the intent and provisions of this Section, including the following:
a. Limit the manner and extent to which an activity is conducted to minimize environmental effects such as: noise, vibration, air pollution, glare, and odor;
b. Limit the height, size, or location of a building or other structure (including signs) to minimize incompatibilities between a proposed development and surrounding uses;
c. Designate the size, number, and location of vehicle access points to minimize hazards for vehicular or bicycle/pedestrian traffic and to minimize congestion on public roads;
d. Prescribe the location of on-site facilities such as parking areas, loading areas, driveways, drive-thru windows, and trash collection areas to minimize adverse impacts on adjacent properties;
e. Limit the location and intensity of outdoor lighting, including sign lighting, or require its shielding to protect adjacent or nearby property and public roadways from glare;
f. Require berming, screening, or landscaping to lessen visual and sound impacts which may adversely affect adjacent or nearby property; and
g. Specify other conditions in conformity with the intent and purpose of this Code and the Comprehensive Plan.
9. When part of a Planned Development or Conditional Use Review (Level 3 Review),
the Planning Commission is also authorized to review, hear, and act upon variances and expansions of non-conforming uses as they relate to that proposal.
10. Any applicant or substantially affected property owner who is dissatisfied with a
decision of the Planning Commission may request a full hearing before the Board of County Commissioners by filing an application for a hearing with the Development Services Division within seven calendar days after the Planning Commission hearing. The Board of County Commissioners sH all set a time, date and place for the hearing. Notice of the hearing before the BoCC sH all be given in the same manner as the notice for the Planning Commission hearing.
E. Minor Modification to Level 3 Approval (Rev. 12/08/03 Ord. 03-69; Rev. 7/29/02 - Ord. 02-52)
The following changes may be reviewed as minor modifications to approved conditional uses:
1. Any change in the number of parking spaces resulting in an increase of less than ten percent in the number of spaces provided;
2. Alterations not significantly affecting the basic size and form of the building as shown on the approved plan, subject to an amended building permit approval. Changes in size and form will only be considered substantial if they occur within 50 feet of the boundary of the conditional use or within 50 feet of any part of the conditional use which has been constructed or sold to any owner or owners different from the applicant requesting the change;
3. Any reduction in the amount of open space of less than five percent or any non-substantial change in the location or characteristics of open space;
4. Non-substantial changes in location or type of pedestrian or vehicular accesses or circulation, which will not affect adjacent properties, functionality of the system or interconnections;
5. Any increase in intensity of non-residential uses for a portion of the project which is further than 100 feet from the conditional use boundaries or any part of the project which has been constructed or sold to an owner or owners different from the applicant requesting the change;
6. An increase in residential density which results from an increase in the total number of lots by less than ten percent of the total number of approved lots within a project, or project phase, provided there is no change to the minimum lot size or general lot layout and there is no increase in the overall gross density;
7. Any increase or decrease in intensity or density, as long as the intensity or density was not a condition, requirement, or basis for approval;
8. An increase in structure height less than eight feet, provided there is no increase in the number of stories;
9. Any changes in the phasing schedule which do not impact timing, amount, or completion of improvements; or the satisfaction of any specific conditions;
10. Any change in required yard setbacks of 20 percent or less, except a change which would affect any easement or a change adjacent to an existing or proposed residential area;
11. Any increase in gross floor area of less than or equal to five percent of the gross floor area for the project; and,
12. Subsequent to development, changes to dimensional requirements on residential lots may be processed as variances pursuant to Section 910.
F. Major Modification to Level 3 Approval
Major modifications to an approved conditional use other than those outlined in Subsection E.1-10 sH all be reviewed pursuant to Section 906, Level 3 Review.