Ordinances-2017-393 - Zoning Code Amendment - OPD

8. The City Council will convene the public hearing on the amendment and receive any comments from the public at that time. The council may act on the amendment at the meeting immediately following the public hearing or at the following regularly scheduled city council meeting, or at a special meeting if requested by the applicant and paid for by the applicant. If one or more of the following events should occur, the application may not be passed except by the favorable vote of at least three-fourths of all members of the City Council. i. The Planning and Zoning Commission recommends denial of the application; or ii. If prior to or at the public hearing, a written protest against such a change is filed with the city clerk and signed by the owners of 20% percent or more of the area of the lots included in the proposed change or repeal, or by the owners of 20% or more of the property that is located within 200 feet of the exterior boundaries of the property for which the change or repeal is proposed. Each unit owner within a condominium regime is considered the owner of the area of the lot proportionate to the number of units in the regime as a whole. 9. If the OPD District is approved, the City will record the necessary documents, and the Developer shall reimburse the City for the recording fees. K. Modifications to Plans Prior to Completion of Initial Construction. 1. The City may approve minor modifications to approved plans that are consistent with the original findings and conditions approved in the formal process that would not intensify any potentially detrimental effects for the project. 2. A request for changes in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that such changes determined to be minor, in the opinion of council, may be approved by the council. L. Phased Development. An approved development may be built in phases as part of the project’s plan if the construction and provisions of all necessary elements including but not limited to parking, drainage, common open spaces, landscaping, and public and recreational facilities which are shown on the approved plan proceed at a rate commensurate with the construction of buildings. If the City or its designee determines that the rate of building construction is not commensurate with the construction of the aforementioned necessary elements, the City or its designee shall notify the developer that no building permits will be issued until the rate of construction conforms