A. Pre-Application Meeting: Prior to filing an application, the applicant shall confer with the Administrator to allow the applicant and the City staff to informally review the general proposal. The topics of discussion may include, but not be limited to:
1. Characteristics of the site and surrounding area; significant natural and man-made features; natural hazards, resources or other special considerations of the site; services to and accessibility of the site; surrounding development and land uses; and existing zoning;
2. The nature of the development proposed, including proposed land use, coverages and densities; the placement of proposed buildings and other improvements; the location, type and method of maintenance of common open space or treatment of public use areas; the preservation of natural features; proposed parking areas and internal circulation system, including easements; types of water and sewage treatment systems proposed;
3. Community policy considerations including the review process and likely conformity of the proposed development with the policies and regulations of applicable ordinances;
4. Applicable regulations, review procedures and submission requirements.
B. Administrative Review: The Administrator upon receiving a PUD permit application and fees shall have thirty (30) days to certify same as complete or submit in writing to the applicant all deficiencies that exist with regard to such application not being so certified as complete. The applicant shall have thirty (30) days to cure such deficiencies. If such deficiencies are not cured within such time period, the application shall be deemed denied on the basis of an incomplete application subject to appeal of that administrative decision as provided in this chapter.
C. Commission Action: Upon certification of a PUD permit application, the Administrator shall refer the application and information to the appropriate City departments and other governmental agencies for their review and comment. Such departments and agencies shall have thirty (30) days to review and respond with written comments. Thereafter, the Administrator shall have thirty (30) days to review such application and prepare for the first public hearing, including publishing of notice of such public hearing. The Administrator shall place the PUD permit application and concurrent applications on the agenda of the commission for consideration and at least one duly noticed public hearing. The commission shall review the application, all supporting documents and plans, and public comments before making its recommendation to the Council. Within sixty (60) days from date of the first public hearing the commission shall make written findings and recommendations to the Council to approve, conditionally approve, or disapprove the application and appropriate conditions to place upon any approval, unless the commission makes a finding that due to the complexity of the project or changes in the proposed project or the need for additional information or due to weather conditions, adequate review of the project is not possible and additional review time is necessary. The length of such extension shall be determined by the commission based upon relevant factors and evidence before the commission. Thereafter, the PUD permit application together with the record and recommendations of the commission shall be forwarded to the Council for final action.
D. City Council Action: Upon receiving the recommendations of the commission, the PUD permit application and the concurrent permit applications shall be placed upon the agenda of a regular Council meeting. The Council shall hold at least one duly noticed public hearing and review the application, the supporting plans and documentation, the entire record before and recommendations of the commission, and comments from the public. The Council may require additional information, including, but not limited to matters not addressed by the commission. Thereafter, the Council may approve, or approve with conditions, or deny the application within sixty (60) days from the date of the Council's first duly noticed public hearing meeting, unless the Council makes a finding that due to the complexity of the project, or changes in the proposed project, or the need for additional information or due to weather conditions adequate review of the project is not possible, additional review time is necessary. The length of the extension shall be determined by the Council based upon relevant factors and evidence before the Council.
1. If the Council finds a substantial error in the information presented to the commission or new information is presented which may make a material difference in the recommendation made by the commission, the Council may remand the application to the commission for further review and recommendations.
2. Within ten (10) days of its being signed, the Administrator shall transmit a copy of the Council's decision to the appellant and any affected person 1
who has requested a copy in writing.
3. No applicant for a PUD which has been denied shall be resubmitted until the expiration of one year from the date of such denial, unless the Administrator makes a determination that there have been significant changes to the application or proof of changed conditions sufficient to justify such new application.
E. Conditions Of Approval: In order to make any of the required findings for approval of a PUD permit or any of the concurrent applications, the Council may impose reasonable conditions on approval, including, but not limited to, the following:
1. Minimize adverse impact on surrounding properties, developments, or public services, facilities or utilities.
2. Control the sequence and time of development.
3. Establish the duration of development.
4. Assure that development is maintained properly.
5. Require the provision for on-site or off-site public improvements, facilities, or services when the proposed development is found to create a significant adverse impact on off-site public streets, facilities, utilities, or services, including but not limited to bridges, intersections, road, traffic control devices, water mains, sewer mains, fire equipment, transit system and recreational facilities.
6. Require methods or manner of construction to minimize impact on adjacent properties or to prevent erosion or runoff and similar environmental impacts.
7. Require dedications of land or cash in lieu thereof for public streets, services, parks, transit or similar uses.
8. Require additional plans or engineering revision for any aspect of the development plan, or require submission of a revised development plan to incorporate changes made therein during the review process.
9. Require written agreements executed by the developer to secure performance of any requirement or condition to be imposed as part of the approval including, but not limited to, development, services, or annexation agreements.
10. Require recordation of documents with the Blaine County Recorder including, but not limited to, those required pursuant to subsection E9 of this section, Declarations of Covenants, Conditions and Restrictions, easements, management agreements and similar documents.
11. Dedications of land or cash in lieu of dedications of land for street, park, transit and/or similar uses.
12. Such other reasonable conditions as the Council may deem appropriate with regard to the proposed PUD.
F. Bonding Requirements: The Council may require the applicant, as a condition of the PUD permit approval, to construct certain improvements, private and/or public utilities, services, facilities, recreation or other amenities, and landscaping or in lieu to post an irrevocable letter of credit from a bank with a local branch office in Blaine County, Idaho, at which the letter of credit may be drawn or certified funds in a form approved by the City Attorney in the amount of one hundred fifty percent (150%) of the bona fide estimate of cost of construction as established by the City Engineer.
G. Design Review Approval Required: Each structure within a PUD which is subject to design review approval under this title, including subsequent amendments thereto, and shall comply therewith. Single family residences shall comply with the requirements of subsection 10-24-4A21 of this chapter. All PUD subdivision plats shall contain a plat note stating design review approval required.
H. General Permit Provisions: A PUD permit shall be issued in writing. The issuance shall not be considered a binding precedent for the issuance of other PUD permits or conditional use permits. A PUD permit is not transferable from one parcel of land to another.
I. Fee Schedules: The Council by resolution shall establish, and may from time to time amend, a schedule of fees to be paid by each applicant for processing a PUD application. Said fees shall be in amounts reasonably calculated to reflect the cost of administering and regulating this chapter and the review and processing of said applications and appeals.
J. Subsequent Subdivision Plat Approvals: At the time of filing of the PUD application, an applicant may file preliminary subdivision applications for preliminary plat approval for resubdivision of the large block(s) which will be the first phase of the project. Such preliminary plat application shall be processed at the same time as the PUD application. After issuance of a PUD permit and recordation of the final PUD large block subdivision plat, the applicant shall file a preliminary plat and final plat for each phase of the PUD in conformance with the approved PUD permit and development plan pursuant to the Bellevue subdivision ordinance and other applicable ordinances. Subsequent subdivision plats shall be subject to the ordinances in effect at the time the application therefor is filed with the City.
K. Expiration And Extension Of Approval Period: A PUD permit shall expire and be null and void for any of the following:
1. Upon receiving a PUD conditional use permit, an applicant shall have one year or such other time (longer or shorter) as the Council deems appropriate from the date of issuance to record in Office of the Blaine County Recorder the final large block PUD subdivision plat or to begin construction of structures within the PUD, whichever is in accordance with the construction schedule. Failure to do so within said time period shall cause the PUD conditional use permit to be null and void ab initio.
2. For good cause shown by the applicant in writing filed with the Administrator prior to the expiration of such one year period, the Council, without a public hearing, may grant an extension of the time limitations set forth in subsection K1 of this section, or may grant an extension of the time limits imposed by the development schedule.
3. If a PUD permit application does not receive final approval from the Common Council within eighteen (18) months of the date of its filing, it and all applications filed concurrently therewith shall be deemed denied. An applicant may request to the Council for a reasonable extension of this time period for final action. Such a request shall be submitted in writing to the City Clerk prior to the expiration of the initial eighteen (18) month period.
L. Amendments To PUD Permit, Conditional Permit Or Development Plan: The PUD permit holder may make application for an amendment to the PUD permit, conditional use permit for the PUD or the PUD development plan. All such requests shall be in writing and supported by such information, plans, plats and other documentation as reasonably required by the Administrator. Minor changes in the PUD Development Plan may be approved by the Administrator. Minor changes shall be limited to changes that: 1) do not require changes to the approved PUD large block plat, 2) do not increase dwelling unit density or change building type or General Design Standards, 3) are consistent with any written agreement between the applicant and the City, and 4) do not reduce any public or private active recreational use or amenity. If the Administrator determines that the proposed amendment represents a significant change to the PUD, the Council shall consider the request as an amendment to the PUD permit under the same procedures as required for issuance of the original PUD permit set forth in this chapter. Minor changes in the location, siting, or design of buildings and structures may be authorized by the Administrator. All amendments and modifications shall comply with the ordinances of the City in effect at the time such amendment or modification is granted.
M. Revocation: Failure to comply with any condition or term of the PUD permit or any permit concurrently granted therewith shall cause such permit to be void ab initio. The Council may revoke a PUD permit for any violation of this chapter or violation of the conditions of the permit. If the Council finds that probable cause exists for revocation of the permit, written notice thereof shall be provided the permittee. A PUD conditional use permit may be revoked at any time for violation of the permit or any condition thereof by motion of the Council after a due process hearing upon a minimum of thirty (30) days' written notice to the holder of the PUD permit ("permittee"). The permittee shall have the right to be represented by legal counsel and to present evidence on the permittee's behalf. The Council shall enter its decision in the form of written findings of fact and conclusions of law.
N. Appeals: The decision of the Administrator and of the commission are subject to appeals in the manner and within the time limits as set forth in section 10-3-3 of this title, hereby adopted by reference, except as follows:
1. Time For Filing Appeal: The written notice of appeal shall be filed with the City Clerk before five o'clock (5:00) P.M. of the twentieth (20th) calendar day after the order, requirement, decision or determination of the Administrator has been made or after written findings of fact and decision have been approved and signed by the commission, whichever is applicable. The failure to physically file a notice of appeal with the City Clerk within the time limits prescribed by this section shall be jurisdictional and shall cause automatic dismissal of such appeal.
2. Notice Of Appeal - Form And Contents: The notice of appeal shall be in writing and in such form as shall be available from the Office of the Administrator, which shall require to be set forth with specificity all basis for appeal, including the particulars regarding any claimed error or abuse of discretion.
3. Fee For Appeals: In addition to other required fees with regard to an appeal, a fee equal to the expense of preparing the transcript of the proceedings and giving notice as required by this chapter shall be paid by the applicant to the City within two (2) days, after receipt of notice of the amount thereof by the applicant from the Administrator. In the event the fee is not paid as required, the appeal shall not be deemed not to have been timely filed. (Ord. 2006-15, 8-10-2006)
Notes
| 1 | 1. As defined in IC § 67-6521, and subsequent amendments. |