§ 1429-11. City Planning Commission and Council Action.

The City Planning Commission has the duty to consider an application for reclassification to a PD District as an amendment to the zoning map and to consider at the same time the proposed concept plan and development program statement. A Commission recommendation to reclassify to a PD District must be accompanied by an approval or a conditional approval of a concept plan and a development program statement.

(a)

City Planning Commission Action. The City Planning Commission may recommend approval or conditional approval, with restrictions on the establishment of a PD District as the Commission deems necessary for the protection of the public interest and to secure compliance with the development program statement, on finding that all of the following circumstances apply:

(1)

The PD concept plan and development program statement are consistent with applicable plans and policies and is compatible with surrounding development;

(2)

The PD concept plan and development program statement enhance the potential for superior urban design in comparison with the development under the base district regulations that would apply if the plan were not approved;

(3)

Deviations from the base district regulations applicable to the property at the time of the PD application are justified by compensating benefits of the PD concept plan and development program statement; and

(4)

The PD concept plan and development program statement includes adequate provisions for utility services, refuse collection, open space, landscaping, buffering, pedestrian circulation, traffic circulation, building design and building location.

(b)

Council Action. Council has the duty to consider the recommendation of the City Planning Commission in the same manner as a proposal to amend the zone map.

(c)

Lapse of Approvals. Approval of a concept plan and development program statement lapses two years from its effective date unless:

(1)

A final development plan has been approved, or

(2)

The City Planning Commission has approved an extension of time that may not exceed one year.

If an approval of a concept plan and development program lapses, the PD District designation is to be removed from the zoning map and the zoning of the PD District reverts to the zoning district designation in effect immediately before the PD designation.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)