Ord 2017-036/consider revisions to Subpart B of the City’s Code of Ordinances (Land Development Code) amending Chapter 1 - Development Procedures and Chapter 3 - Comprehensive Planning in order to clarify the applicability of Neighborhood Character Studie

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required permit application is not submitted within this period,the authority to submit a Cluster Development Plan or permit application for that portion of the property and any subsequent Cluster Development Plans for the district shall be suspended. (3) Expiration of an approved Cluster Development Plan or required permit shall result in suspension of the authority to submit a new Cluster Development Plan or required permit for that portion of the property and any Cluster Development Plans or required permits for subsequent phases of development within the district. (b) Commission Recommendation. Following expiration of the right to submit a Cluster Development Plan or required permit,the Planning and Zoning Commission shall consider whether the undeveloped land within PD district should be changed to another zoning classification in accordance with the procedures for action upon a petition for a zoning map amendment under Division 1 of this Article 5. The Planning and Zoning Commission thereafter shall recommend to the City Council whether the right to submit a Cluster Development Plan or required permit application should be reinstated,or whether the property should be zoned to another classification. (c) Council Consideration. The Planning and Zoning Commission's recommendation shall be considered by the City Council in accordance with procedures for action upon a petition for a zoning map amendment under Division 1 of this Article 5. The Council shall determine whether the right to submit the Cluster Development Plan or required permit application should be reinstated, or whether the property should be rezoned to another classification. In making such determination, the Council shall consider the following factors: (1) Whether the PD district remains consistent with the Comprehensive Plan and any related adopted Neighborhood Character Study; (2) Whether the uses authorized in the PD district are compatible with existing and planned land uses adjacent to the site; (3) Whether there are extenuating circumstances justifying the failure to submit a development plan during the applicable time period;and (4) Whether rezoning the property to another classification would constitute confiscation of a vested property right or deprive the owner of the economically viable use of the land. (d) Council Action. The City Council may take the following actions: (1) Reinstate the right to submit the Cluster Development Plan or required permit application within a time certain, subject to any conditions that may