PR-3 (Planned Multi-family Resident Project), R-PUD (Residential Planned Unit Development District), PO (Planned Office District), and PB (Planned Business District) are all planned overlay districts. Note that SPA Districts are not automatically considered overlay districts. The underlying zoning district remains intact but is superseded by the requirements of the overlay district during the time that the overlay zoning district remains in effect.
(A) Procedures for establishment of a planned district. Every amendment or supplement to this chapter incorporating a development plan as an integral part of the zoning regulations applicable to a specific parcel or tract of real estate shall be governed by the procedures included in this section in lieu of the similar procedures set out in §§ 150.190 through 150.192. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the City Council may, on its own motion or after recommendation thereon by the Planning Commission and subject to the procedure provided in this section, amend, supplement, or change the regulations, district boundaries, or classifications, of property, now or hereafter established by this section or amendments thereof. It shall be the duty of the Commission to submit to the Council its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassi- fication, or change may be initiated by motion of the Council, by motion of the Commission, or by the filing of a verified application for same by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement.
(B) Submission of development plans. Any request for approval of a planned zoning district shall be submitted to the Planning Commission for its review and shall be accompanied by a development plan as defined by this chapter, covering all parts of the tracts in question. Application shall be submitted to the Planning Commission upon such forms specified by the Zoning Administrator and shall be accompanied by such data and information as will assure the fullest practicable presentation of facts for the permanent record together with the names and addresses of the property owners as found in the real estate department of the County Auditor's office of all abutting properties, all properties directly across any adjacent street right-of-way and the name and address of the applicant and the nature of his interest in the property. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for zone changes initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the Council shall be accompanied by its resolution pertaining thereto.
(C) Establishing Council public hearing. The Community Development Director shall forward the application to the Clerk of Council who shall, upon receipt of such application, set a Council public hearing on such proposed amendment or supplement, which date shall be not more than 60 days from the filing date.
(1) Hearing notice. Notice of such public hearing shall be given by the Council at least 30 days prior to the hearing by each of the following methods:
(a) Newspaper. By one publication in a newspaper of general circulation in the city.
(b) Mail. Notices shall be mailed by first class mail to the landowners required to be listed on the application and to the applicant.
(c) Signs. The posting of a sign on the property line adjoining each public street or along two property lines closest to public streets or rights-of-way if the property affected does not adjoin a public street. In all cases, the signs shall be unobstructed from public view from the street or public right-of-way. The sign shall be provided by the City Manager and shall refer to the proposal affecting the property and the time and place of the public hearing. The sign shall be installed in such a manner as to withstand reasonable weather conditions.
(D) Commission findings. It shall be the duty of the Planning Commission to investigate and ascertain whether the location, size, and other characteristics of the site, and the proposed plan comply with the following conditions.
(1) Consistent with zoning code. That the development plan is consistent with the intent and purpose of this chapter, and that it complies with all applicable requirements and conditions in accordance with the provisions of this chapter.
(2) Unified design. That the proposed plan consists of one or more groups of buildings of integrated and harmonious design and construction, together with adequate and properly arranged traffic and parking facilities and landscaping.
(3) Timing for recommendation. The Planning Commission shall make a recommendation to Council concerning a development plan within a time frame consistent with the requirements of Appendix F.
(E) Council approval of development plan. Unless an extension is requested by the applicant, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof by a majority vote of all members of Council consistent with the intent and meaning of this chapter within two regular Council meetings following the public hearing. If the development plan is approved, Council shall pass an ordinance amending this chapter via the incorporation of the approved development plan as an integral part of this chapter overlaying the existing zoning on the subject property.
(1) Change of zoning map. After a development plan has been officially approved as an amendment to this chapter, the zoning map shall also be corrected to include the exact boundaries of the project in question indicating both the existing underlying zoning and the overlay zoning in addition to the identification of the development plan.
(2) Restrictions within a planned project area. During such time as an approved planned project is in effect, all provisions of this chapter applicable in the planned project area and the approved development plan as originally approved and subsequently revised shall also apply to the land and any structure thereon, provided that during such time all provisions of the planned project shall prevail and take precedence over any conflicting provisions applicable in the underlying zoning district wherein the project lies.
(3) Termination of project approval. Approval of the planned project area shall remain in effect for a period of three years after the effective date of the ordinance approving the rezoning. If construction is not in progress before termination of this period, approval shall become void and regulations on the tract in question shall revert back to those set forth in the district wherein the project lies via the automatic lifting and termination of the overlay zoning. Construction in progress shall be defined as the construction of the primary structure on the site as indicated on the approved development plan. Site grading and infrastructure inprovements, such as utilities, drives and streets shall not be considered construction in progress as it relates to project termination. An extension of time may be approved by Council, provided that the request is submitted to the Commission for study and recommendation to Council prior to the termination date.
(4) Reproducible copy of approved plan. The applicant shall provide the Community Development Department with a full-sized reproducible copy of approved development plan prior to the effective date of the ordinance. The plan shall have a space provided for the insertion of the approval date and the expiration date. Said plan shall be updated by the applicant when adjustments to the plan are approved under the provisions of division (F) of this section.
(F) Adjustments in plan after approval. After the development plan has been approved by Council, the following provisions will apply to any changes in the plan:
(1) Minor revisions. In the course of carrying out this plan, adjustments, or minor rearrangements of buildings, parking areas, loading areas, entrances, height, or yards may be requested by the proponents, and provided the requests conform to the standards established by the final development plan and this chapter, such adjustments or rearrangements may be authorized by the Planning Commission without a public hearing. The Commission shall act on the request consistent with the requirements of Appendix F.
(2) Substantial revision. Any application for substantial variation in the development plan involving a new plan, additional buildings or structures, or changes in land use shall be treated as an amendment or supplement to this chapter, and shall be governed by the provisions of this section for establishment of a planned district.
(G) Issuance of building permits. Except as provided in division (G) (1) of this section the Administrative Agency shall issue a building permit for the entire project as described in the application, and shall withhold the certificate of zoning compliance until completion of the project in its entirety.
(1) Staging of large projects. In the case of large scale projects involving only one building on a site containing over five acres, or a project involving several buildings, the Commission shall have the power to authorize staging the project upon application by the developer; provided that the first stage shall include at least 10% of the entire proposed project building coverage in any event. The Administrative Agency may then issue building permits and certificates of zoning compliance for individual structures which do not violate the concept of the approved staging.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 16-1991, passed 6-3-91) Penalty, see § 150.999