Section 25.12.208 Procedure - short form.

    1. Purpose. There is expected to be a considerable number of occasions when the planned development technique will be appropriate, but in which the changes from conventional zoning will be minimal and the complete procedure designed for more complex planned developments will be inappropriate.
    2. Authority.
        a. The planning and zoning commission may authorize an abbreviated procedure in processing a planned development when it involves the use of an overlay zone and when the scope of the deviation from the regulations of the primary zone is minimal.
        b. The short form procedure may involve the submission of a use plan which provides a vehicle for reducing the range of uses allowed by the primary zone so that the proposed development can be made more compatible with the surrounding area.
    3. Application.
        a. The applicant may request in writing to the planning director that the planning and zoning commission waive the requirement for a preapplication conference and submission of a development concept plan. The application may also include a request to waive specific submissions for the plan development site plan in accordance with sub-subsection 25.12.210-3c. Approval or denial of short-form procedure and waiver shall be given by the director of planning within fifteen days after receipt of the applicant's request.
        b. After receipt of the approval to use the short-form procedure, the applicant may, within six months, submit a plan development site plan for the proposed development. If a site plan is not submitted within this time, then the waiver to use the short form shall automatically expire.
        c. The site plan and supporting exhibits shall be as specified by the procedure of 25.12.210-3b except as specific submissions may have been waived.
    4. Submission to Interested Agencies. Upon receipt of a completed application, the planning department shall transmit a copy of such plan to the manager of the engineering division, inspection services manager, fire chief, traffic engineer, public service director, environmental services director, superintendent of schools, health director, police chief and such other parties as may be deemed by the planning department to have an interest in one or more aspects of the proposed planned development. Within ten days of the filing of the application, the agencies to which copies of the plan were submitted shall file comments on the plan with the planning department. A copy of all written comments shall be available to the applicant before the public hearing.
    5. Public Hearing. A public hearing shall be set, advertised and conducted by the planning and zoning commission in accordance with the provisions of Chapter 25.22 of this title.
    6. Action by Planning and Zoning Commission.
        a. Within thirty days following the conclusion of the public hearings, the planning and zoning commission shall transmit to the city council its recommendation that the site plan either be approved, be approved subject to modifications, or not be approved. Such recommendation shall be in the form specified by Subchapter II of Chapter 25.06. In considering the development site plan and formulating its recommendation, the planning and zoning commission shall be guided by, and shall in its recommendation specifically address, the standards made applicable to the proposed planned development by Chapter 25.74 of this title, or to a proposed modified residential zone by Chapter 25.46 of this title.
        b. The failure of the planning and zoning commission to act within thirty days following the conclusion of such hearing, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the site plan as submitted.
    7. Action by City Council.
        a. Within thirty days or such longer time as the petition may agree, following the receipt of the recommendation of the planning and zoning commission, or its failure to act as above provided, the city council shall either refuse to approve the site plan; shall refer it back to the planning and zoning commission for further consideration of specified matters; or shall, by ordinance duly adopted, approve the site plan, with or without modifications to be accepted by the applicant as a condition of such approval, and amend the official zoning map of the city to designate the area included in the approved plan as a planned development overlay zone.
        b. Upon final approval the official zoning map shall be changed to reflect the new zoning as specified in Section 25.12.210-2h(A)-(D).
        c. The failure of council to take action within the time limit herein specified shall be deemed a final denial of the application for planned development site plan approval, but such denial by inaction shall be entitled to no presumption of validity if challenged by the applicant in any legal proceeding.
    8. Effect of Council Action. Subsequent processing of the site plan shall follow the procedure set forth for processing a long form planned development, including Sections 25.12.210-3g, 3h and 3j and 25.12.212, 25.12.214, 25.12.216 and 25.12.218.  (Ord. 98/U-6424; 90/T-9105; S-34606, 1977; S-30424, 1976)