A. Consideration and Hearing. The city council, after receipt of the report and recommendation of the planning and zoning commission, may consider the P.A.D. request. If requested in writing by any member of the public or the city council, the council shall hold a public hearing on the request. A notice of the time, date, place and purpose of the hearing shall be published in the official newspaper of the city at least fifteen days prior to the date of the hearing. A preliminary development plan which has been recommended for denial by the commission shall not be reviewed by the council except upon written request by the applicant and shall require a public hearing.
B. Review and Approval. In its deliberations on the preliminary development plan, the council shall consider oral or written statements from the applicant, city staff, the public, and its own members. The council's review shall encompass the same spectrum of considerations as did the Commission's. The city council may approve the preliminary development plan, deny the request, or table the request. The application may not be tabled for more than two meetings in succession. Conditions may be applied to the approval and/or periodic review of the approval may be required. Approvals, if granted, shall be for a particular development, not for a particular applicant.
C. Public Protests Against P.A.D. If there is a written protest against the preliminary development plan signed by the owners of twenty percent or more of the property within one hundred fifty feet of the proposed P.A.D., the preliminary development plan shall not be approved except upon the affirmative vote of three-fourths of all members of the city council. If the above protest requirements are not met, approval may be by majority vote of the membership of the city council.
D. Duration of P.A.D. Zoning. Approval of a P.A.D. rezoning request shall be conditioned upon the recording of the final subdivision plat and any related material within one year of the date of approval action taken by the city council. If, at the expiration of this period, the final subdivision plat and any related material have not been recorded, the property shall revert to its former zoning classification without council or commission action.
E. The city may authorize extensions when deemed necessary.
(Ord. 1178 § 7.8.4(C), 1987)