§ 17.40.140. Institutional overlay district.

A.

New Applications. An application to establish an institutional overlay district shall be filed with the planning commission in form and content established by the planning commission, and include a campus master development plan as defined in Chapter 17.36, Article IX. The application shall include properties owned by the institution that are nearby the proposed institutional overlay district if existing or planned uses on those properties may have an impact on the residential area adjoining the proposed institutional overlay district.

B.

Planning Commission Action. The planning commission shall review an application to apply the institutional overlay district and the associated campus master development plan. 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. The planning commission's recommendation of approval of a proposed institutional overlay district and the associated campus master development plan shall be based on findings that the master plan is compatible with the surrounding neighborhood and the essential infrastructure is adequate to support the proposed pattern and intensity of development. A recommendation of approval of the master plan shall further require a finding by the planning commission that the master plan arranges campus-related land uses in a manner that preserves the integrity and long-term viability of nearby residential areas, and provides for methods of implementing the master plan in a manner that minimizes disruption and inconvenience to other landowners within the overlay district and the surrounding community in general.

2.

Conditional Approval. The planning commission may recommend approval of the institutional overlay district and the associated campus master development plan subject to conditions. All conditions shall be transmitted in writing to the applicant. The institutional overlay district and associated campus master development plan shall not be considered recommended for approval until the applicant concurs with all conditions in writing and provides all prescribed amendments to the master plan and/or application.

3.

Disapproval. If the planning commission recommends disapproval of the proposed institutional overlay district and associated campus master development plan, the reasons for that recommendation of disapproval shall be stated in writing and transmitted to the applicant.

C.

Council Consideration. An institutional overlay district and associated campus master development plan shall be approved upon adoption of an ordinance by the metropolitan council, following a recommendation from the planning commission, according to the procedures of Article III of this chapter (Amendments). Testimony and evidence material to the provisions of Chapter 17.36, Article IX may be considered by the council in its deliberations.

D.

Final Site Plan Approvals. A final site plan application for property lying within an institutional overlay district shall be reviewed and acted on by the planning commission according to the procedures of Section 17.40.170(B). Approval shall be based on a finding that the final site plan conforms with the approved campus master development plan and all other applicable provisions of this title.

E.

Changes to an Institutional Overlay District. An application to modify an approved campus master development plan and/or institutional 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. Changes shall be considered as follows:

1.

Minor Modifications. The planning director shall have the authority to grant minor modifications to the approved campus master development plan that do not exceed ten percent within the modification area of any square footage limitation, building setback, lot coverage, landscaping requirement, parking requirement, or dimensional requirement relating to fences or walls. At the planning director's discretion, any minor modification may be referred to the planning commission for review and action as set forth in Section 17.40.140(B).

2.

Major Modifications. All other modifications to the institutional overlay district and approved campus master development plan shall be considered major modifications except that it shall not be considered a major modification to rearrange proposed campus buildings unless the rearrangement results in buildings being placed more than ten percent closer to the existing campus boundary or the overlay district boundary. Major modifications shall be considered by the metropolitan council in accordance with Article III of this chapter (Amendments), following review and recommendation by the planning commission as set forth in Section 17.40.140(B).

(Ord. BL2003-1399 § 7, 2003; §4(4) of Amdt. 1 with Ord. 96-555 § 10.4(D), 1997)