A. Optional Preapplication Conference: Any person intending to request an OPD rezoning is encouraged to meet with staff from the department of planning and community development to discuss basic intentions before investing time in detailed plans. The purpose of the preapplication conference is to review the existing zoning, discuss the purpose for the requested planned development, review applicable comprehensive plan policies, including any district plan policies that might affect the intended request, and ensure that the applicant is familiar with the review and approval procedures for a planned development overlay rezoning.
B. Submittal Requirements: Applications for an OPD rezoning must be filed with the city clerk on application forms provided by the department of planning and community development.
1. Preliminary Approval:
a. Supporting materials for preliminary approval of a planned development overlay rezoning must be submitted as specified on the application form and must include a preliminary OPD plan, a statement from the applicant listing the category or categories of planned development applied for, a list of all requested variations from the underlying zoning requirements or from city street standards, and a proposed time schedule for the completion of various phases of the development. The preliminary OPD plan may show a range of dimensions and need not have the specificity of the final plan.
b. A preliminary OPD plan for developments containing regulated sensitive features must be entitled "Preliminary Sensitive Areas Development Plan". Such sensitive areas development plans, in addition to illustrating all the applicable elements for a planned development, must delineate all regulated sensitive areas and associated buffers according to the applicable regulations contained in chapter 5, article I, "Sensitive Lands And Features", of this title and must delineate construction area limits and list all proposed restrictions for current or future development activity within protected sensitive areas.
2. Final Approval:
a. Supporting materials for the final OPD plan must be submitted as specified on the application form.
b. If the application is for a final sensitive areas development plan, the plan must establish restrictions for current or future development activity within protected sensitive areas. Any such restrictions must be set forth in the legal papers approved as part of the final plan.
C. Approval Procedures For Planned Development Overlay Rezoning: Approval of a planned development overlay rezoning shall be by ordinance in accordance with the following procedures. Approval of a rezoning to OPD shall constitute approval of the preliminary OPD plan or, if applicable, the preliminary sensitive areas development plan.
1. Staff Review: Upon receipt of a complete application, staff from the department of planning and community development will review the application for compliance with the applicable approval criteria as set forth in chapter 3, article A, "Planned Development Overlay Zone (OPD)", of this title. Staff will forward a report and recommendation to the planning and zoning commission for their consideration.
2. Planning And Zoning Commission Review:
a. After receipt of a report and recommendation from city staff, the planning and zoning commission will schedule one or more public meetings to receive public comment regarding the application. The commission will then make a written report of its findings to the city council with a recommendation for approval, approval with conditions, or denial of the planned development overlay rezoning. The report shall include findings with regard to the applicable approval criteria as set forth in chapter 3, article A, "Planned Development Overlay Zone (OPD)", of this title. If the planning and zoning commission makes no report within forty five (45) days from the date a complete application was received, it shall be considered to have made a report approving the proposed planned development overlay rezoning.
b. Not less than four (4) votes shall be required to recommend approval of a planned development overlay rezoning.
3. City Council Hearing:
a. After the recommendation and report of the planning and zoning commission have been filed, the city council shall, before approving any planned development overlay rezoning, hold a public hearing in relation thereto. Notice of such public hearing, and the time and place of such hearing, must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice. The city council may set such public hearing either before or after it submits the proposed planned development overlay to the commission for its recommendation or during the period while the commission is considering such matter.
b. Following the public hearing, the city council shall consider an ordinance approving the proposed planned development overlay rezoning. In those instances when the city council has reached an informal consensus on a proposed planned development overlay rezoning that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has taken place between the city council and the planning and zoning commission. In such instances, if the planning and zoning commission declines the city council's offer to meet, formal action on the matter may commence forthwith.
4. Lapse Of Approval: A preliminary OPD plan or preliminary sensitive areas development plan shall be valid for no more than twenty four (24) months unless otherwise specified in the ordinance approving the OPD overlay zone. If no building permit has been issued for the development within the twenty four (24) month period, the area of land to which the OPD ordinance applies may be considered by the city for rezoning.
5. Protests And Effect On Development Activity: Since a planned development overlay rezoning is a type of zoning map amendment (rezoning), a planned development overlay rezoning is subject to the same provisions for protest and effect on development activity as for a zoning map amendment as set forth in subsections 14-8D-5G and H of this article.
D. Final OPD Plan Approval:
1. Administrative Review And Approval:
a. Approval of a final OPD plan or final sensitive areas development plan shall be by administrative review. Approval shall be based on compliance with an approved preliminary OPD plan or preliminary sensitive areas development plan. Such plan may be submitted concurrently with an application for site plan review or subdivision review.
b. Requests for minor changes from the approved preliminary OPD or sensitive areas development plan that do not constitute substantive changes, as described in subsection E of this section, may be approved administratively without further city council action.
c. Appropriate legal papers must be submitted and approved prior to approval of the final OPD plan or final sensitive areas development plan.
d. A final OPD plan or final sensitive areas development plan of only a portion of the area rezoned to OPD may be approved if:
(1) The plan of such subarea meets all requirements of a final OPD plan; and
(2) The final OPD plan or final sensitive areas development plan for the subarea complies with the approved preliminary plan; and
(3) The dwelling unit density in the subarea does not exceed the dwelling unit density approved under the preliminary plan for the specific area under review; and
(4) The subarea can function as an independent development with adequate vehicular and pedestrian access, services, utilities, open space, etc.; and
(5) The developer dedicates all public right of way necessary to support the subarea.
2. Issuance Of Permits:
a. The approved final OPD plan or final sensitive areas development plan for the entire development and/or any subareas shall be filed in the department of housing and inspection services, and permits will be issued only for structures and development activity conforming to the approved final OPD plan or final sensitive areas development plan, whichever is applicable.
b. Requests for minor changes to a final OPD or final sensitive areas development plan that do not constitute substantive changes, as described in subsection E of this section, may be approved administratively without further city council action.
c. If the underlying base zone is residential and commercial uses are approved as a part of the planned development, no building permit for a commercial use shall be issued until a minimum of twenty five percent (25%) of the housing units planned for the area or approved subarea have been completed, or unless twenty five percent (25%) of the housing units planned for the area or approved subarea will be built simultaneously.
E. Amending Approved OPD Plans Or Sensitive Areas Development Plans: Requests for substantive changes to an approved preliminary or final OPD or sensitive areas development plan may not be approved administratively, but must be submitted as an amendment to such a plan and will be reviewed according to the procedures for approval of a planned development overlay rezoning, as specified in this section. A substantive change is any significant change in the land uses, street locations, or character of the development from what is shown on the approved OPD plan or sensitive areas development plan or any variation from the underlying zoning requirements or street standards beyond the ranges approved on the preliminary OPD plan or preliminary sensitive areas development plan. (Ord. 05-4186, 12-15-2005)