(a) Prior to Council action and prior to the report of the Plan Commission of a community development plan, the Plan Commission shall hold a public hearing which may be combined with any hearing otherwise provided for by the Plan Commission relative to such community development plan, at which an opportunity shall be provided to all persons interested to be heard either in person or by counsel. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks, and such publication shall be commenced not less than ten days before the date set for the public hearing. The publication notice shall contain a description of the Community Development District by its location in relation to marks and shall state that maps and plats and other materials describing the community development plan are available for public inspection at a place to be designated in such notice. Such notice shall also identify the Plan Commission as the body holding the hearing, the City as the governmental agency proposed to undertake the project, the date, time and place for such hearing and state the purpose for the hearing including, where applicable, Federal participation planned, activities to be carried out and purposes of the project. Such notice shall also state that the City's relocation plan is available for examination and shall be open for discussion at the hearing.
(b) The public hearing before the Plan Commission may be adjourned from time to time without further public notice. After the public hearing, the Plan Commission shall forward, together with their recommendation on the plan, a resume of all matters discussed and issues raised at the public hearing for any further consideration of such matters and issues deemed necessary by Council.
(c) After the public hearings and report of the Plan Commission, Council shall either adopt, adopt with modification or reject the community development plan, provided that any modification not previously reviewed by the Plan Commission shall require resubmission to that body for review and report and, where involving a change of boundary or additional land acquisition shall require an additional public hearing. If Council adopts the community development plan in any form, it shall make the following findings:
(1) A viable method exists for the relocation of families who will be displaced from the community development area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families;
(2) The Plan Commission has determined that the community development plan conforms to the Master Plan and the Consolidated Plan of the City of Toledo as a whole; and
(3) The community development plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the community development area by private enterprise.
(d) A community development plan may be modified at any time by resolution of Council after review and report from the Plan Commission, provided that if modified after the lease or sale by the City of real property in the community development, such modification shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest may be entitled to assert. Provided further that as to changes involving a change of boundary, a change in land to be acquired or where required by the Federal government in a Federally assisted project, a public hearing shall be held, and notice given as provided for in subsection (a) hereof.
(e) Notwithstanding designations on maps incorporated into the community development plan, changes in zoning, width of right-of-way, course or alignment of right-of-way and street vacations may be made administratively without an amendment of the plan itself as long as such changes do not change project boundaries or materially affect plan objectives, land use designations and restrictions, land acquisition areas (except as to minor variances resulting from such change), rehabilitation standards, redevelopers' obligations, cooperation agreements or similar undertakings by which the City is providing local grant-in-aid credit in Federally assigned projects, or create a variance as to designation as nonaccess, limited access and free access thoroughfares, create a variance as to designation as primary or secondary thoroughfares or materially reduce housing sites or constitute a zoning change which is inconsistent with the designated land use as set forth in the plan. Nothing in this section shall be construed to eliminate the need for Council action ordinarily required under the Charter or Municipal Code with respect to achieving or implementing such changes.
(Ord. 170-04. Passed 3-23-04.)