Sec. 656.361.7.1. - Application and Review Procedure to DDRB and Council; Appeals.

A. Application. All development proposed within downtown shall be reviewed by the DDRB staff for consistency with the Use Regulations, the Form Regulations, the Downtown Design Guidelines, and the Riverwalk Park Design Criteria (if applicable). All developers are required to meet with DDRB staff and staff of such other City agencies or departments as DDRB staff may determine to be necessary to discuss conceptual designs and other elements of a proposed project for staff review and feedback prior to an application for DDRB review being deemed complete. After the pre-application meeting with staff to discuss the proposed project the applicant may request DDRB staff to agenda the proposed project for Conceptual Approval at the next available DDRB meeting, subject to submittal of required items pursuant to subsection B, below, and completion of such other City reviews as warranted by staff. DDRB staff shall prepare a report to be presented to DDRB recommending approval, approval with condition or denial, which shall incorporate and take into account any comments submitted from any other reviewing City staff. B. Required Submissions for Conceptual Approval. The developer shall submit an application containing the following information (Submittals shall be 11 inches by 17 inches in size) to the DDRB staff: 1. An application for the project (obtained online from the DDRB website); 2. A vicinity plan and digital photographs showing the project in relation to the surrounding blocks and streets (include all properties within 300 feet of project property boundary lines); 3. A site plan, including vehicular access, parking, landscaping, existing streetscape, Pedestrian Zone and building footprint (minimum scale: 1′ = 50′0″); 4. Building massing, showing all sides, and showing the building concept in context with the surrounding buildings, street widths, and streetscape; 5. A presentation on a USB compatible storage device in PowerPoint or similar format acceptable to DDRB staff that includes all items above, and other information necessary to fully describe the project, or as requested by DDRB staff. C. Required Submissions for Final Approval. In addition to the items listed in (1) through (5) above, the following items must be submitted with the application for final approval: 1. A floor plan; 2. Building elevations (all sides) (minimum scale: 1/16″ = 1′0″, except if such scale is not practical due to magnitude of the project, a scale agreed to by the DDRB staff may be acceptable); 3. Site and building section, including sidewalk (minimum scale: 1/16″ = 1′0″, except if such scale is not practical due to magnitude of the project, a scale agreed to by the DDRB staff may be acceptable); 4. A table outlining the square footage amount and percent of each type of use for each building or structure, including the number of parking spaces to be provided for each use; and 5. A perspective drawing of the building; 6. A landscape plan; 7. A signage plan; 8. A streetscape plan including a breakdown of the Pedestrian Zone detailing the Pedestrian Clear Area, the Frontage Area and the Amenity Area; 9. A lighting plan; 10. Samples of exterior finishes (the samples shall be mounted on a presentation board or other format acceptable to DDRB staff and presented to DDRB); and 11. A presentation on a USB compatible storage device in PowerPoint or similar format acceptable to DDRB staff that includes all items (1)—(7), above, and other information necessary to fully describe the project, or as requested by DDRB staff (which may also include a traffic impact analysis). All items shall be in color, fully rendered, and shall incorporate conditions imposed by the DDRB at conceptual approval, if any, including any requested design Deviations pursuant to Section 656.361.8 (Deviations). Submittals shall be 11 inches by 17 inches in size. (Minimum scale for items 1, 2, and 3 above shall be 1/16″ = 1′0″ and (6) through (9) above shall be 1″ = 30′, except if such scale is not practical due to magnitude of the project, a scale agreed to by the DDRB staff at conceptual review may be acceptable). For phased projects, presentation boards may be per phase. On larger projects staff shall also request presentation boards be provided of the building rendering and site plan that are 36 inches by 44 inches in size, or such other size as is acceptable to DDRB staff; D. Classification of Projects. Upon receipt of the application and required information, DDRB staff will classify the proposed developments as follows: 1. Staff Review Only. (a) Landscaping sufficiency regarding number, species, size, and placement of trees; soil to tree ratio; and alternatives for irrigation; (b) Streetscape elements that comply with the Pedestrian Zone requirements applicable to unconstrained rights-of-way; (c) Minor structural changes to exterior facades or structures; (d) Signs that comply with Subpart B of Chapter 656 , Part 13 - Downtown Sign Overlay Zone; (e) Projects that consist only of landscaping, hardscaping, street furnishings, and/or vehicle use area components, and do not require any Deviation; (f) Other classifications delegated to DDRB staff by DDRB; and (g) Minor changes to applications previously approved by the DDRB. 2. DDRB Review. (a) New construction; (b) Major structural changes to exterior facade of existing structures; (c) Signs that require a special sign exception pursuant to Section 656.1333 (j) and comprehensive sign plans required by Section 656.1333 (b)(2), which shall require only Final Approval by DDRB; (d) Streetscape elements in constrained rights-of-ways where the generally required minimum Amenity Area, Pedestrian Clear Area, or Frontage Area is reduced in width, shared with the Vehicular Zone or encroaches on private property; (e) Staff review classifications deemed appropriate by DDRB staff for review by the DDRB; (f) Significant changes to applications previously approved by the DDRB, which shall require only Final Approval by DDRB; and (g) DDRB shall have an opportunity to review and provide comments and recommendations for Capital Improvement Projects that are undertaken by, or on behalf of, the City, independent agencies, or the DIA that have a total cost greater than $100,000, a useful life of more than ten years, and that do not require a Deviation or Special Exception. Such projects include, but are not limited to, streetscape projects, road narrowing or lane elimination projects, public buildings, and park or public space projects and do not include projects that are of a purely maintenance or utility infrastructure nature or that are otherwise listed herein as requiring staff review only. E. Staff Review. Projects classified as "Staff Review Only" will be reviewed by DDRB staff and approved, approved with conditions, or denied within ten working days of submittal of a complete application. Staff will notify the applicant of an incomplete application within five days of receipt of the application. F. Procedures to be followed by the DDRB. 1. Projects classified as "DDRB Review Required" will be considered by the DDRB at a scheduled meeting within 30 working days of submittal of a completed application at a scheduled monthly DDRB meeting. The applicant may present the project at the meeting. 2. The DDRB will review projects using a two-step process, except as otherwise provided in this Section. The first step is a Conceptual Approval, whereby the applicant's project will be reviewed and conceptually approved, conceptually approved with conditions or denied based upon the District Regulations, the Downtown Design Guidelines, and the Riverwalk Park Design Criteria, if applicable. The second step is a Final Approval, whereby the applicant brings the project back to DDRB within one year to be reviewed and approved, approved with conditions, or denied based upon the Regulations and applicable Guidelines. Prior to consideration by the DDRB for Final Approval, it is the intent of this Section that the application and project will have received such reviews and approvals as DDRB staff deems necessary so that the DDRB is presented at Final Approval with as complete a project as possible, considering all design, architectural, engineering, traffic, utilities, fire and life safety, environmental, historic, landscape and streetscape and any other site and project development issues which may be associated with completion of the proposed project. 3. For multi-phase projects consisting of construction or renovation of two or more separate buildings or structures, DDRB review shall be conducted as follows: (a) The two-step process outlined in subparagraph (2), above, shall first be applied to conceptual and final approval of the overall development site and consider compliance of the overall site plan with the requirements contained in this Subpart H relating to view corridors, setbacks, heights, street closures, river views and encroachment. Furthermore, the DDRB shall also consider streetscape plans and landscaping plans, if such are available; and (b) Following final approval of the overall site plan, the applicant shall then present the development or redevelopment plans for each building or structure contained in the multi-phase project for individual consideration by the DDRB using the two-step process contained in subparagraph (2), above. The DDRB shall also consider all aspects of the project requiring DDRB review and approval pursuant to this Subpart and not considered in the initial site plan approval process described in subpart (a), above. The intent of this Section is to authorize the DDRB to consider those projects wherein an applicant proposes an overall site development consisting of multiple building development or redevelopment by first considering the overall site layout and cumulative impact of the entire project on surrounding properties and later considering design-type matters associated with the project's individual buildings. 4. The decision of the DDRB shall be reduced to writing within ten business days, and is effective upon execution by the Chair and the DDRB staff that prepared the written decision. 5. If a project is denied, the Chief Building Official shall not take any further action concerning the application. 6. Upon approval of a project with or without conditions by the DDRB, building permits shall be issued for development, subject to compliance with all applicable Building Code requirements, including any required conditions imposed by the DDRB. DDRB approvals shall be valid for one year from the date of approval, but may be extended upon written request to DDRB staff for just cause, but in no event shall an extension be granted for more than one additional year beyond the original approval date. DDRB approvals may be granted for longer periods of time, if the applicant is subject to a Redevelopment Agreement that incorporates: (a) A performance schedule of completion for the project; (b) An allocation of development rights that is consistent with the Central Business District Future Land Use Category as described in the Future Land Use Element of the City's adopted Comprehensive Plan, the BID Plan, and the Public Facility Level of Service Standards identified in the Capital Improvements Element of the Comprehensive Plan; and (c) Applicant participation in the Mobility Plan prioritized projects for Downtown that are approved by DIA and City Council. 7. Any locally or federally designated landmark, building, structure, site, or structure or site within a locally or federally designated historic district within the Downtown Overlay Zone subject to review under Chapter 307 shall be governed by the provisions of Chapter 307 , and the provisions of this Section shall apply to the extent they do not conflict with Chapter 307 . These structures are exempt from DDRB Conceptual Review but are required to receive Final Approval by the DDRB after issuance of any required Certificates of Appropriateness. 8. No Certificate of Occupancy shall be issued by the Building Official until all requirements approved by the DDRB have been completed. The DDRB will review completed projects and will forward a letter to the Building Official indicating whether or not the project has met all of DDRB approved requirements within ten working days of completion of the project. The developer of the project will be required to notify DDRB staff of the completion of the project. Any changes to the approved plan shall be provided to the DDRB or its staff for review and further consideration. No modifications to DDRB approved projects and associated approved building plans shall be submitted to the Building Official for modification until such revised plans have been reviewed and approved by DDRB. G. Appeals of Overlay Regulation decisions. 1. Appeal of DDRB decision to DIA. (a) Standing. Except for DDRB decisions pertaining to zoning exceptions, zoning variances or zoning waivers, as outlined in Subpart D of Part 1 of the Zoning Code which are appealable only to the City Council pursuant to Section 656.148 , any adversely affected person as defined in Section 656.1601 , Ordinance Code, may appeal a final decision of the DDRB to the DIA. (b) Notice. Notice of Appeal shall be provided to the DIA Executive Director, at the DIA office within 14 days of the effective date of the written decision. The Notice of Appeal shall be in a form created by the DIA in consultation with the Office of General Counsel. Timing and form of briefs and other papers shall be set out in the Notice of Appeal form. (c) Standard of Review. The DIA's review of the appeal shall be a de novo review, without giving deference or weight to the decision of DDRB. DIA shall have the benefit of the record below and may include the same in its review as well as applicable law and additional testimony and evidence. The record shall include all evidence and testimony presented to the DDRB. The DIA may affirm, reverse or modify each written decision or it may remand the matter back to the DDRB with specific instructions for further action, by adopting a written order. (d) Procedural Matters. The DIA shall have the authority to: (1) Accept briefs and other papers to be filed on behalf of any party, provided all papers are submitted at or prior to the DIA hearing; (2) Hear oral argument on behalf of any party; (3) Adjourn, continue, or grant extensions of time for compliance with these rules, whether or not requested by a party, provided no requirement of law is violated; (4) Dispose of procedural requests or similar matters including motions to amend and motions to consolidate; (5) Keep a record of all persons requesting notice of the decision in each case; (6) Grant withdrawal requests by the appellant; and (7) Enter into settlement agreements regarding the matter appealed, so long as there is no financial impact to the City. (8) Individually view the property which is the subject of the appeal. (9) Adopt appellate procedures similar to the procedures outlined in Sections 656.141 and 656.142 , Ordinance Code. (e) Decision. The DIA's decision shall be reduced to writing and shall become effective upon execution by the Chair and the DIA staff person that prepared the written decision. 2. Appeal of DIA decision to City Council. (a) Standing. Any adversely affected person may appeal a decision of the DIA to the City Council. (b) Notice. Notice of Appeal shall be provided to the Legislative Services Division within 14 days of the effective date of the DIA's written decision. The Notice of Appeal of DIA Decision shall be in a form created by the DIA in consultation with the Office of General Counsel. Timing and form of briefs and other papers shall be set out in the Notice of Appeal form. The Office of General Counsel shall prepare and file a Resolution on the appeal. (c) Standard of Review. The Council's review of the appeal shall be limited to a consideration of whether: (1) the applicable design criteria contained in the Design Guidelines, the District Regulations and the Riverwalk Park Design Criteria (if applicable) were properly applied by the DDRB and the DIA; (2) the decision was supported by competent, substantial evidence; and (3) procedural due process was afforded. The City Council shall have the authority to adopt the Procedural Matters listed above in subsection 656.361.7.G.1. in its determination. (d) Decision. If the Council determines the criteria were properly applied, competent substantial evidence supported the decision, and procedural due process was afforded, it shall adopt a resolution to that effect. If the Council determines that the criteria were not properly applied, or the decision was not based upon competent substantial evidence, or procedural due process was not afforded, the Council shall enact a resolution remanding the matter back to the DIA or the DDRB for further consideration. The Council may suggest additional findings or give directions to the DIA or DDRB to assist it in effectively reconsidering the matter. Within ten working days of the Council's remand to the DIA or DDRB, the DIA or DDRB shall consider the matter and within five working days issue a written decision to the applicant and the appellant, with a copy to the Building Official, which shall be deemed to be the final decision of the City. 3. Appeal of City Council decision to the Courts. Due to the quasi-judicial and de novo nature of the review performed by the City Council, the review upon appeal should be limited to whether due process was afforded, and whether the City applied the correct law, or as otherwise stated, departed from the essential requirements of law. (Ord. 2019-196-E , § 6; Ord. 2020-695-E , § 3; Ord. 2024-39-E , § 2)