8478 Planned Development DistORDINANCE NUMBER Rd7R
(Published in The Salina Journal
1976)
AN ORDINANCE PROVIDING FOR A ZONING DISTRICT TO BE KNOWN AS "PLANNED
DEVELOPMENT DISTRICT", AMENDING THE ZONING ORDINANCE OF THE CITY OF SALINA, KANSAS
THE SAME BEING ORDINANCE NUMBER 6613.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Zoning Ordinance of the City of Salina, Kansas,
the same being Ordinance Number 6613, is hereby amended by adding a section to
be numbered 14b, which said section shall read as follows:
1114b. PLANNED DEVELOPMENT DISTRICT. (P.D.D.)
(1) PURPOSE.
The application of flexible land use controls to the development
of land is often difficult or impossible with traditional zoning
district regulations. In order to permit the use of more flexible
land use regulations and to facilitate use of the most advantageous
techniques of land development, the Governing Body is authorized by
the Kansas Statutes Annotated, Sections 12-725 through 12-733 (1973
Supp.), to establish planned development districts in which the zoning
regulations are in harmony with the general purpose and intent of this
ordinance and with the comprehensive plan of the City, but in which
such regulations differ in one or more respects from the zoning
regulations that are applicable in any of the districts that are
established by this ordinance.
(2) GENERAL PROVISIONS.
(A) The Governing Body may, by ordinance, approve the
establishment of a planned development district on any
parcel or tract of land which is suitable for and of
sufficient size to be planned and developed or redeveloped
as a planned unit development and in a manner consistent
with the intent and purpose of this ordinance and with
the comprehensive plan.
(B) A planned development district may be established for a
residential planned development or for a general planned
development. A development shall be deemed to be a
residential planned development when it is limited to
dwelling units in detached, semi-detached, attached or
multi -storied structures, or any combination thereof; and
nonresidential uses of a religious, cultural, recreational
and business character that are primarily designed and
intended to serve the residents of the residential planned
development. A development shall be deemed to be a general
planned development when it contains business and/or
industrial structures and uses exclusively or when it blends
residential structures or dwelling units in a unified plan
with businesses and/or industrial structures and uses.
(C) Business and industrial structures and uses in planned
development districts shall comply with the limitation of
use standards for any commercial or industrial district in
which any contemplated use is first permitted in this
ordinance and with the off-street parking and loading
requirements contained in Section 21 this ordinance.
(3) STANDARD AND CRITERIA FOR PLANNED DEVELOPMENTS.
(A) For All Planned Developments. A development plan that
is not inconsistent with the standards set out in this
section or with such general policies or specific rules
and regulations for planned development districts as may be
adopted from time to time by the Governing Body or the City
Planning Commission and placed on public record in the Offic
of the Building Inspector shall prima facie be deemed to
have qualified for preliminary approval. No such policies,
rules or regulations shall be revised or added to so as to
be applicable to a specific proposal for a planned developme t
after an application for preliminary approval of a specific
development plan has been filed. A development plan shall
not be inconsistent with the following general standards
for use of land, and the use, type, bulk, design, and
location of buildings, the density or intensity or use, the
common open space, the public facilities and the development
by geographic division of the site:
(1) The planned development can be substantially completed
within the period of time specified in the schedule
of development submitted by the developer.
(2) The planned development will not substantially injure
or damage the use, value and enjoyment of surrounding
property nor hinder or prevent the development of
surrounding property in accordance with the land use
plan.
(3) The site will be accessible from public roads that
are adequate to carry the traffic that will be imposed
upon them by the proposed development and the streets
and driveways on the site of this proposed development
will be adequate to serve the residents, occupants, or
users of the proposed development. Traffic control
signals will be provided without expense to the City
when the Governing Body determines that such signals
are required to prevent traffic hazards or congestion
in adjacent streets.
(4) The development will not impose an undue burden on
public services and facilities, such as fire and police
protection.
(5) The entire tract or parcel of land to be occupied by
the planned development shall be held in a single
ownership, or if there are two or more owners, the
application for such planned development shall be
filed jointly by all such owners.
(7) The City Planning Commission may designate divisible
geographic areas of the entire parcel to be developed
as a planned unit development and shall, in such case,
specify reasonable period within which development of
each such area must be commenced. In the case of
residential planned developments and general planned
developments which contain residential buildings, the
City Planning Commission may permit in each area
(6) The development shall contain such proposed covenants,
easements and other provisions relating to the bulk,
location and density of residential buildings, non-
residential uses and structures, and public facilities
as are necessary for the welfare of the planned
development and are not inconsistent with the best
interests of the area. Such covenants, easements and
other provisions, if part of the development plan as
finally approved, may be modified, removed or released
only with the consent of the Governing Body after a
public hearing before, and recommendations by, the City
Planning Commission as provided in Section 14b(4)(B)(1)
All such covenants shall specifically provide for
enforcement by the City in addition to the landowners
within the development.
(7) The City Planning Commission may designate divisible
geographic areas of the entire parcel to be developed
as a planned unit development and shall, in such case,
specify reasonable period within which development of
each such area must be commenced. In the case of
residential planned developments and general planned
developments which contain residential buildings, the
City Planning Commission may permit in each area
(8) The location and arrangement of structures, parking
areas, walks, lighting and appurtenant facilities shall
be compatible with the surrounding land uses, and any
part of a planned development not used for structures,
parking and loading areas, or accessways, shall be
landscaped or otherwise improved, unless said open spac
would accomplish the intent of this section if left in
its natural state.
(9) When business or manufacturing structures or uses in a
planned development district abut a residential distric
or residential buildings in the same development,
screening shall be provided. In no event shall a
business or manufacturing structure in a planned
development district be located nearer than 100 feet
to a residential building.
(10) Notwithstanding any of the other provisions of this
ordinance, when a shopping center is developed as a
planned development district, such shopping center
shall provide a parking space in off-street parking
for each 200 square feet of floor area in the structur
located in the planned shopping center development.
Such off-street parking facilities shall comply with
the provisions of Section 21 of this ordinance.
(11) The specifications for the width and surfacing of
streets and highways, alleys, ways for public utilities,
for curb, gutters, sidewalks, street lights, public park
and playgrounds, school grounds, storm drainage, water
supply and distribution, sanitary sewers and sewage
collection and treatment established in the subdivision
regulations of the City, as amended from time to time,
may, within the limits hereinafter specified, be waived
or modified by the City Planning Commission where the
Commission finds that such specifications are not
required in the interests of the residents or occupants
of the planned development and that the waiver or
modification of such specifications would not be
inconsistent with the interests of the City.
(12) Any modifications of the zoning or other regulations th
would otherwise be applicable to the site are warranted
by the design of the development plan, and the amenitie
incorporated in it, and are not inconsistent with the
interest of the public generally.
deviations from the number of dwelling units per acre
established for the entire planned development, provide
such deviation shall be adjusted for in other sections
of the development so that the number of dwelling units
per acre authorized for the entire planned development
is not affected. The period of time established for
the completion of the entire development and the
commencement date for each section thereof may be
modified from time to time by the City Planning
Commission, upon the showing of good cause by the
developer, provided that in no case shall any extension
of time exceed 12 months. The developer shall provide
and record easements, covenants, shall make such other
arrangements, and shall furnish such performance bond,
escrow deposit, or other financial guarantees as may be
determined by the City Planning Commission to be
reasonably required to assure performance in accordance
with the development plan and to protect the public
interest in the event of abandonment of said plan befor
completion.
(8) The location and arrangement of structures, parking
areas, walks, lighting and appurtenant facilities shall
be compatible with the surrounding land uses, and any
part of a planned development not used for structures,
parking and loading areas, or accessways, shall be
landscaped or otherwise improved, unless said open spac
would accomplish the intent of this section if left in
its natural state.
(9) When business or manufacturing structures or uses in a
planned development district abut a residential distric
or residential buildings in the same development,
screening shall be provided. In no event shall a
business or manufacturing structure in a planned
development district be located nearer than 100 feet
to a residential building.
(10) Notwithstanding any of the other provisions of this
ordinance, when a shopping center is developed as a
planned development district, such shopping center
shall provide a parking space in off-street parking
for each 200 square feet of floor area in the structur
located in the planned shopping center development.
Such off-street parking facilities shall comply with
the provisions of Section 21 of this ordinance.
(11) The specifications for the width and surfacing of
streets and highways, alleys, ways for public utilities,
for curb, gutters, sidewalks, street lights, public park
and playgrounds, school grounds, storm drainage, water
supply and distribution, sanitary sewers and sewage
collection and treatment established in the subdivision
regulations of the City, as amended from time to time,
may, within the limits hereinafter specified, be waived
or modified by the City Planning Commission where the
Commission finds that such specifications are not
required in the interests of the residents or occupants
of the planned development and that the waiver or
modification of such specifications would not be
inconsistent with the interests of the City.
(12) Any modifications of the zoning or other regulations th
would otherwise be applicable to the site are warranted
by the design of the development plan, and the amenitie
incorporated in it, and are not inconsistent with the
interest of the public generally.
(B) Standards for Residential Planned Developments and General
Planned Developments Containing Residential Buildings
(1) Any development plan that does not propose to increase
the number of dwelling units per acres that would
otherwise be permitted on the property under the zoning
regulations otherwise applicable thereto shall be prima
facie qualified for preliminary approval insofar as
residential density is concerned. A development plan
may provide for a greater number of dwelling units per
acre than would be permitted by the zoning regulations
otherwise applicable to the site, but if the number of
dwelling units per acre exceeds by more than 10 percent
that permitted by the zoning regulations otherwise
applicable to the site, the developer has the burden
to show that such excess will not have an undue and
adverse impact on existing public facilities and on the
reasonable enjoyment of neighboring property. The City
Planning Commission, in determining the reasonableness <
a proposed increase in the number of dwelling units per
acre, shall recognize that increased density may be
compensated for by additional private amenities and by
increased efficiency in public services to be achieved
by (a) the amount, location and proposed use of common
open space, and (b) the location, design and type of
dwelling units. The City Planning Commission shall, in
its determination, also consider that the physical
characteristics of the site may make increased densities
appropriate in the particular location.
(2) When common open space is provided in a development pla ,
the amount and location of such common open space shall
be consistent with the declared function of the common
open space as set forth in the application for a planne
development district. The development plan shall include
such provisions for the ownership and maintenance of th
common open space as are reasonably necessary to ensure
its continuity, care, conservation and maintenance, and
to ensure that remedial measures will be available to
the City if the common open space is permitted to
deteriorate or is not maintained in a condition consistnt
with the best interest of the planned development or of
the City.
(5) Nonresidential uses of an educational or recreational
nature shall be designed or intended primarily for the
use of the residents of the planned development.
(3) When a planned development includes common open space,
such common open space shall not be used for the
construction of any structure which is inconsistent wit
its intended use, nor shall such open space ever be
computed as a part of the required minimum lot area, or
any required yard, of any other structure. Adequate
safeguards, including recorded covenants, shall be
provided to prevent the subsequent development of, and
the future construction of structures on, such open
space. When a structure is permitted in said open spac
its construction shall be allowed only after receiving
specific approval from the City Planning Commission.
(4) The total ground area occupied by the buildings and
structures shall not exceed 35 percent of the total
ground area of the planned development.
(5) Nonresidential uses of an educational or recreational
nature shall be designed or intended primarily for the
use of the residents of the planned development.
(6) Nonresidential uses of a business character shall be
designed or intended to serve principally the residents
of the planned development. No structure designed or
intended to be used, in part or in whole, for business
purposes shall be constructed prior to the construction
of not less than 30 percent of the total number of
dwelling units proposed in the development plan.
(7) Planned developments in areas that are on the fringes
of urban development or are in largely undeveloped
areas shall maintain the following minimum yards:
(a) The distance at the closest point between any
structure and the boundary of the planned
development district shall be at least two times
the perpendicular distance from the lowest first
floor window sill to the highest point on the
roof of the structure.
(b) When two or more structures are located in any
proposed planned development, the distance at the
closest point between any two structures containin
residential uses, or between a structure containin
residential uses and any other structure, shall be
equal to two times the perpendicular distance from
the lowest first floor window sill of any structur(
containing residential uses to the highest point
in the roof of the other structure.
(4) PROCEDURE FOR SECURING APPROVAL OF A PLANNED DEVELOPMENT
AND THE ESTABLISHMENT OF A PLANNED DEVELOPMENT DISTRICT.
(A) Preliminary Development Plan.
(1) A developer seeking the establishment of a planned
development district shall prepare and submit to the
City Planning Commission a preliminary development plan
for such planned development district.
(2) The preliminary development plan shall contain the
following documents and information:
(a) A survey of the tract that is to be developed
showing existing features of the property incl&
streets, alleys, easements, utility lines, exist
land use, general topography, physical features,
and drainage.
(c) A preliminary plat of subdivision for which approv 1
has been secured pursuant to the applicable
ordinances, rules and regulations relating to
subdivision approval, or a copy of the existing
recorded plat which is appropriate for the intende
plan.
(b) A site plan showing the location and arrangement
of all existing and proposed structures, the
proposed traffic circulation pattern within the
development, the areas to be developed for parking
the points of ingress and egress, including access
streets where required, the relationship of
abutting land uses and zoning districts, proposed
lots and blocks, if any, proposed public or common
open space, if any, including parks, playgrounds,
school sites, and recreational facilities, and
proposed drainage.
(c) A preliminary plat of subdivision for which approv 1
has been secured pursuant to the applicable
ordinances, rules and regulations relating to
subdivision approval, or a copy of the existing
recorded plat which is appropriate for the intende
plan.
(d) A statement of the anticipated residential density
(when applicable), the proposed total gross floor
area, and the percentage of the development which
is to be occupied by structures.
(g) Evidence that the applicant has sufficient
control over the tract to effectuate the proposed
plan, including a statement of all the ownership
and beneficial interests in the tract of land
and the proposed development.
(h) When it deems it to be necessary, the City
Planning Commission may require a traffic survey
setting out and analyzing the effect that the
planned development will have upon traffic in
the streets and thoroughfares adjacent to and
in the vicinity of the proposed development.
(i) A statement showing the relationship of the
planned development to the comprehensive plan
and future land use plan for the City.
(j) In the case of general planned development, a
statement identifying the principal types of
business and/or industrial uses that are to be
included in the proposed development.
(k) When a planned development includes provisions
for common open space, or recreational facilities,
a statement describing the provision that is to
be made for the care and maintenance of such
open space or recreational facilities. If it
is proposed that such open space be owned and/or
maintained by an entity other than a governmental
authority, copies of the proposed articles of
incorporation and by-laws of such entity shall
be submitted.
(1) Copies of any restrictive covenants that are to
be recorded with respect to property included
in the planned development district.
(B) Action on Preliminary Development Plan.
(1) Hearing, Findings and Recommendation of Planning
Commission. The City Planning Commission shall, within
45 days after a preliminary development plan is filed
with it, hold a public hearing on the preliminary
development plan after giving notice required by
Section 23 of this ordinance for hearings on amendments
(e) Preliminary sketches of the proposed structures
and landscaping.
(f) When a planned development is to be constructed
in stages, a schedule for the development of
such stages shall be submitted. No such stage
shall have a residential density that exceeds,
by more than 20 percent, the proposed residential
density of the entire planned development.
When a planned development provides for common
open space, the total area of common open space
provided at any stage of development shall, at
a minimum, bear the same relationship to the
total open space to be provided in the entire
planned development as the stages completed
or under development bear to the entire planned
development.
(g) Evidence that the applicant has sufficient
control over the tract to effectuate the proposed
plan, including a statement of all the ownership
and beneficial interests in the tract of land
and the proposed development.
(h) When it deems it to be necessary, the City
Planning Commission may require a traffic survey
setting out and analyzing the effect that the
planned development will have upon traffic in
the streets and thoroughfares adjacent to and
in the vicinity of the proposed development.
(i) A statement showing the relationship of the
planned development to the comprehensive plan
and future land use plan for the City.
(j) In the case of general planned development, a
statement identifying the principal types of
business and/or industrial uses that are to be
included in the proposed development.
(k) When a planned development includes provisions
for common open space, or recreational facilities,
a statement describing the provision that is to
be made for the care and maintenance of such
open space or recreational facilities. If it
is proposed that such open space be owned and/or
maintained by an entity other than a governmental
authority, copies of the proposed articles of
incorporation and by-laws of such entity shall
be submitted.
(1) Copies of any restrictive covenants that are to
be recorded with respect to property included
in the planned development district.
(B) Action on Preliminary Development Plan.
(1) Hearing, Findings and Recommendation of Planning
Commission. The City Planning Commission shall, within
45 days after a preliminary development plan is filed
with it, hold a public hearing on the preliminary
development plan after giving notice required by
Section 23 of this ordinance for hearings on amendments
1
Such public hearing shall consider all aspects of the
preliminary development plan including all proposed
stages and/or units of development. Within 10 days after
the last public hearing on such plan, the City Planning
Commission shall prepare and transmit to the Governing
Body and to the developer specific findings of fact with
respect to the extent to which the preliminary developmer
plan complies with the standards set out in this section,
together with its recommendations to the Governing Body
with respect to the action to be taken on the preliminary
development plan. The City Planning Commission may
recommend disapproval, approval, or approval with
amendments, conditions or restrictions. Copies of the
findings and recommendations of the City Planning
Commission shall be made available to other interested
persons.
(2) Action by the Governing Body. The Governing Body shall
approve or disapprove the preliminary development plan
within 21 days after it receives the findings and
recommendations of the City Planning Commission thereon.
If the preliminary development plan is disapproved, the
developer shall be furnished with a written statement of
reasons for disapproval of the plan. If the preliminary
development plan is to be approved, the Governing Body
shall, after receiving from the developer any acceptance
required by Section 14b(4)(B)(3), below, adopt an
ordinance approving the preliminary development plan,
and establishing a planned development district for the
parcel or tract of land included in the preliminary
development plan.
(3) Restrictions and Conditions. The Governing Body may
alter the preliminary development plan, and impose such
restrictions and conditions on the planned development
as it may deem necessary to insure that the development
will be in harmony with the general purpose and intent
of this ordinance and with the comprehensive plan of
the City. When the Governing Body alters the prelimina
development plan, or imposes any restrictions or
conditions on such plan, the developer shall have 15
days within which to file an acceptance of such
alterations, restrictions or conditions with the
Governing Body. When an acceptance is required by
this section, no ordinance approving a preliminary
development plan and establishing planned development
district shall be adopted until such acceptance has
been filed with the City Planning Commission.
(4) Form of Ordinance. An ordinance approving a planned
development and establishing a planned development
district shall specify the zoning regulations and
restrictions that will, pursuant to the development
plan, apply in the planned development district and
shall describe the boundaries of such district or set
such boundaries out on a map that is incorporated and
published as a part of such ordinance. Such ordinance
shall also specify the conditions and restrictions that
have been imposed by the Governing Body on the planned
development, and the extent to which the otherwise
applicable district regulations have been varied or
modified. When the City Planning Commission has
designated divisible geographic areas that may be
developed as a planned unit development, the ordinance
shall authorize the City Planning Commission to modify
the schedule of development to the extent set out in
Section 14b(3) (A) (7).
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(5) STATUS OF PRELIMINARY DEVELOPMENT PLAN AFTER APPROVAL.
(A) Within 7 days after the adoption of an ordinance approving
a preliminary development plan and establishing a planned
development district, such ordinance shall be certified by
the City Clerk and shall be filed in the Office of the
Building Inspector. A certified copy shall be mailed to the
developer. When approval of a preliminary plan has been
granted, the same shall be noted on the zoning map maintaine
in the Office of the Building Inspector.
(B) Preliminary approval of a development plan shall not
qualify a plan of the planned development for recording.
A development plan which has been given preliminary
approval as submitted or which has been given preliminary
approval with alterations, conditions and restrictions,
which have been accepted by the developer (and provided
that the developer has not defaulted nor violated any
of the conditions of the preliminary approval), shall
not be modified or revoked nor otherwise impared by
action of the City pending an application or applications
for approval of a final development plan without the
consent of the developer, provided an application for
final approval is filed, or in the case of staged
developments, provided applications are filed, within the
time or times specified in the ordinance granting approval
of the preliminary plan. If no time is specified in such
ordinance, then an application for approval of a final
development plan or all stages thereof, shall be filed
within three years.
(C) In the event that a development plan is given preliminary
approval and thereafter, but prior to approval of a final
development plan, the developer shall:
(1) Choose to abandon said plan and shall so notify
the City Planning Commission in writing; or
(2) Shall fail to file an application, or applications,
for approval of a final plan within the required
time period, then the preliminary plan shall be
deemed to be revoked.
When a preliminary plan is revoked, all that portion of
the preliminary plan for which final approval has not been
given shall be subject to those provisions of the zoning
regulations and other local ordinances, that were applicable
thereto immediately prior to the approval of the preliminary
plan, as they may be amended from time to time. The
Governing Body shall forthwith adopt an ordinance repealing
the planned development district for that portion of the
development that has not received final approval and
re-establishing the zoning and other regulatory provisions
that would otherwise be applicable. When a preliminary
development plan is revoked, such revocation shall be noted
on the zoning map in the office of the Building Inspector
and in the records of the City Clerk.
(6) APPLICATION FOR APPROVAL OF FINAL DEVELOPMENT PLAN.
(A) An application for approval of a final development plan may
be filed for all the land included in a planned development
or for a stage thereof. Such application shall be filed by
the developer with the City Planning Commission within the
time specified in Section 14b(5)(B) of this ordinance and
shall be in substantial compliance with the preliminary
development plan as approved. The application shall include:
(1) A detailed site plan showing the physical layout and
design of all streets, easements, rights-of-way, lots,
blocks, common open space, structures and uses.
(2) Preliminary building plans, including exterior
elevations.
(3) Landscaping plans.
(4) Copies of any proposed easements and restrictive
covenants.
(5) Proof of the establishment and activation of any entity
that is to be responsible for the management and
maintenance of any common open space.
(6) Evidence that no lots, parcels or tracts or dwelling
units in such development have been convened or leased
prior to the recording of any restrictive covenants
applicable to such planned development.
(7) Such bonds and other documents that may have been
required pursuant to Sections 14b(3)(A)(7),
14b(4) (B) (3) and 14b(4) (B) (4) .
(8) A final subdivision plat for which approval has been
secured pursuant to the applicable ordinance, rules
and regulations relating to subdivision approval.
In accordance with the schedule proposed in the application
for approval of the preliminary plan, the developer may elec
to file an application for final approval of only a geograph
area of the land included in the plan and may delay, within
the time limits authorized by the ordinance, application for
final approval of other areas. A public hearing by the City
Planning Commission on an application for approval of the
final development plan, or area thereof, shall not be requir
provided the final plan, or the area thereof submitted for
final approval, is in substantial compliance with the
preliminary development plan theretofore given approval.
(B) A development plan submitted for final approval shall be
deemed to be in substantial compliance with the preliminary
plan, as approved, provided any modification by the develope
or the preliminary plan, as approved, does not:
(1) Vary the proposed gross residential density or
intensity of use by more than five percent; or
(2) Involve a reduction of the area set aside for common
open space; nor
(3) Increase by more than five percent the floor area
proposed for nonresidential use; nor
(4) Increase by more than five percent the total ground
area covered by buildings.
A public hearing shall not be held to consider modifications
in the location and design of streets or facilities for
water and for disposal of storm water and sanitary sewerage.
(C) A public hearing shall not be held on an application for
approval of a final development plan when said plan is in
substantial compliance with the preliminary plan. When the
application for final approval has been filed, together with
all drawings, specifications and other documents required in
support thereof, the City Planning Commission shall, within
21 days of filing, grant such plan final approval.
(D) In the event that the final development plan is not in
substantial compliance with the preliminary plan, the City
Planning Commission shall, within 21 days of the date the
application for approval of the final plan is filed, so
notify the developer in writing, setting out the particular
ways in which the final plan is not in substantial complianc
with the preliminary plan. The developer may make such
changes in the final plan as are necessary to bring it into
compliance with the preliminary plan, or he may file a
written request with the City Planning Commission that it
hold a public hearing on his application for final approval.
In the event the developer shall fail to take either of
these alternate actions within 60 days, he shall be deemed
to have abandoned the plan. Such public hearing shall be
held, notice thereof shall be given, and the hearing shall
be conducted in the manner prescribed by Section 23 of this
ordinance. Within 14 days after the conclusion of the
public hearing, the City Planning Commission shall, by
resolution, either grant or deny approval of the final plan.
The denial or approval of the final plan shall, in cases
arising under this paragraph, be in the form and contain the
findings required for a recommendation on an application for
approval of a preliminary development plan set out in
Section 14b(4)(B)(1) of this ordinance.
(E) A final development plan, or any area thereof, that has been
approved by the City Planning Commission shall be so certifi,
without delay by the City Clerk and shall be filed of record
in the Office of the Building Inspector before any developme:
shall take place in accordance therewith. In the event the
City Planning Commission fails to act, either by grant or by
denial of final approval within the time prescribed, the
final plan shall be deemed to be approved. Pending completi(
within a reasonable time of said planned development, or of
any area therof, that has been finally approved, no
modification of the provisions of said plan, or area thereof
as finally approved, shall be made except with the consent
of the developer.
(F) In the event that a final development plan, or area thereof,
is approved and thereafter the developer shall abandon part
of/all of said development plan and shall so notify the
City Planning Commission in writing, then no development or
further development shall take place on the property include
in the development plan until after the said property has
been rezoned in the manner prescribed for amendments in
Section 23 of this ordinance. However, if the development
is not completed within two (2) years after the approved
completion date, the City Planning Commission may re-evaluat
and plan and recommend appropriate action to the Governing B
(7) AMENDMENTS
A planned development district ordinance or an approved prelimina y
or final development plan may be amended by the Governing Body, but only
after a public hearing has held pursuant to notice and findings of fact
and recommendations have been prepared by the City Planning Commission
and transmitted to the Governing Body in the manner required by
Section 14b(4)(B)(1) hereof. Nothing in this section shall be construd
as requiring a public hearing in the case of minor alterations. The
determination of the need for a public hearing shall be at the discret'on
of the Building Inspector.
(8) RECORDING
Upon approval of the final development plan by the City Planning
Commission, the same, together with the final subdivision plat shall
be recorded with the Register of Deeds in the manner prescribed in the
City Subdivision Regulations."
Section 2. This ordinance shall take effect and be in force from and
after its adoption and publication in the official city newspaper.
Introduced: March 22, 1976
(SEAL)
Attest:
Passed: April 5, 1976
Robert C. Ca dwel Mayor
DAL,
D. L. Harrison, City Clerk