§ 17.40.130. Urban design overlay district.

A.

Application for an Urban Design Overlay District. The applicable goals and objectives of a proposed urban design overlay district shall be established. An urban design overlay district application shall also include a detailed design plan and all associated design criteria required to implement that plan. The form and content of an urban design overlay district application shall be established by the planning commission. Applications shall be filed with the planning commission.

B.

Planning Commission Recommendation. The planning commission shall review a proposed urban design overlay district application for conformance with the stated design goals and objectives. The planning commission shall act to recommend approval, approval with conditions or disapproval of the application. Within ten working days of an action, the commission's resolution shall be transmitted in writing to the applicant, the metro clerk, the zoning administrator and all other appropriate governmental departments.

1.

Approval. Approval of a proposed urban design overlay shall be based on findings that the stated design goals and objectives have been satisfied.

2.

Conditional Approval. The planning commission may recommend approval of an urban design overlay district application subject to any conditions deemed necessary to fulfill the goals and objectives. All conditions shall be transmitted in writing to the applicant. The application will not be considered approved until the applicant concurs with all conditions in writing and provides all prescribed amendments to the application.

3.

Disapproval. If the planning commission acts to disapprove an application, the reasons for that disapproval shall be stated in writing and transmitted to the applicant.

C.

Council Consideration. The metropolitan council shall consider an ordinance establishing an urban design overlay district and its associated design plan according to the procedures of Article III of this chapter (Amendments). All property owners within and proximate to a proposed urban design overlay district shall be notified according to the procedures of Article XV of this chapter. Testimony and evidence material to the standards of Chapter 17.36, Article VIII may be considered by the council in its deliberations.

D.

Final Site Plan Approval. For property located within an urban design overlay district, a final site plan application shall be submitted for review and approval by the planning commission in a manner consistent with the procedures of Section 17.40.170B. Final site plan applications shall be of sufficient detail to fully describe the ultimate form of development and demonstrate full compliance with the design plan and all applicable design standards established by the overlay district. Final site plan approval by the planning commission shall be based on findings that all design standards of the overlay district and other applicable requirements of this code have been satisfied.

E.

Changes to an Urban Design Overlay District. An application to modify an approved urban design overlay district shall be filed with the planning commission. The planning commission shall review all proposed changes according to the procedures of subsection B of this section. A proposed change in the geographic boundary of an urban design overlay district on the official zoning map shall be considered by the council according to the procedures of Article III of this chapter (Amendments).

(Ord. 2001-856 § 1 (part), 2001; § 4(3) of Amdt. 1 with Ord. 96-555 § 10.4(C), 1997)