Chapter 25.12 ADMINISTRATIVE PROCEDURES
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)