§ 5. POD zoning district petition review procedure.

Rezoning to a POD district and the associated site plan approval process is initiated by a petition submitted by a person(s) or entity with a valid and demonstrable legal interest in the lots or tracts of land involved with the petition. The procedures for application, review and approval of a planned overlay district shall be as follows:

(1)

The planning and zoning commission meets on the first Monday of each month. Petitions shall be submitted no later than the close of business on the Friday preceding the Monday six weeks before the regularly scheduled meeting of the planning and zoning commission.

(2)

A petition shall consist of the application form available from the city and the required information, documents and submittal information as set forth above in Section 4 and in the individual POD district regulations.

(3)

The petition shall be reviewed for compliance with the minimum submittal requirements and provisions of the zoning ordinance, the subdivision ordinance and other applicable ordinances of the city. If the petition is properly submitted and in compliance with the minimum submittal requirements, the city planner shall advertise the public hearing and place the petition on the next available agenda of the planning and zoning commission for consideration.

(4)

If the petition is found to not meet minimum submittal requirements, the city planner shall notify the petitioner within 30 days of the date of submission of the deficiencies of the petition. The city reserves the right to not process incomplete applications.

(5)

If the city planner fails to notify the petitioner that the petition does not meet minimum submittal requirements within the specified 30-day period, the petition shall be deemed to have been properly submitted and shall be advertised for public hearing and placed upon the next available agenda of the planning and zoning commission.

(6)

Initially, only one copy of the petition documents must be submitted. After submission is determined to be in compliance with minimum submittal requirements, 25 sets of folded plans, drawings and other documents on paper not to exceed 24″ × 36″ must be submitted for distribution to the planning and zoning commission and board of aldermen for review before the issue will be advertised for public hearing or placed on an agenda.

(7)

The planning and zoning commission shall hold a public hearing on all petitions for a planned overlay district (POD) following the same public notice procedure as required for changes and amendments to the zoning regulations pursuant to article XXIII, amendments, of the Ballwin Zoning Ordinance and chapter 6, section 6-76.

(8)

The planning and zoning commission shall review the petition for consistency with the general guidance of the goals, policies and recommendations of the comprehensive community plan, compliance with the appropriate overlay district and underlying district regulations and consider the comments and testimony from the petitioner's presentation, the public hearing, the petition review report and make findings accordingly and submit said findings to the board of aldermen. The commission shall submit its findings to the board of aldermen in writing.

(9)

If the overlay district and the underlying zoning district standards appear to be in conflict, the more restrictive standard shall be applied, and if the overlay district does not delete or amend a regulation of the underlying district, such regulation shall be in force and a requirement of the governing ordinance.

(10)

The petition and the findings of the planning and zoning commission shall be placed on the Aldermanic agenda falling on the fourth Monday of the month of the meeting at which the planning and zoning commission voted on its findings, or the next subsequent available Aldermanic meeting, for the board of aldermen's consideration.

(Ord. No. 09-03, § 1, 1-12-09)