The following procedures shall be used for the review and approval of a PUMP application:
A. Action By Planning And Zoning Commission:
1. Within forty five (45) days after an application has been made and following the notice requirements as set forth in section 11A-8-13 of this title, the planning and zoning commission shall hold a public hearing to consider the application and make a recommendation to the city council. The planning and zoning commission shall either recommend approval, approval with conditions, or continue for further review, the PUMP application. The planning and zoning recommendation shall be made within forty (40) days of the date of the regular meeting at which the PUMP application is first considered by the planning and zoning commission. If the PUMP is in substantial conformance with the PADA and applicable provisions of this title, the planning and zoning commission shall not unreasonably withhold a recommendation of approval. If the planning and zoning commission finds that the PUMP submitted does not reflect proportional progress of planning area requirements (such as density, open space, community and neighborhood centers, etc.) in comparison to the percentage of planning area already developed, the planning and zoning commission may still proceed with processing the PUMP if the commission finds that adequate conditions can be imposed on future PUMP applications to ensure reasonable progress toward completion of the planning area requirements.
2. Upon making a recommendation the commission shall specify in writing:
a. The ordinances and standards used in evaluating the application;
b. The facts submitted with the application and presented establish that:
(1) The PUMP substantially conforms with: the PADA and subsequent amendments; this title; applicable master plans approved by the city; and/or other applicable information reasonably relied on by the city necessary to uphold the intent of the PADA and this title;
(2) Streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities, if any, will not generate traffic in such amounts as to overload the street network;
(3) The proposed commercial/nonresidential development is justified at the locations proposed and is consistent with the PADA;
(4) The information provided from the agencies having jurisdiction over public facilities needed for the site indicate that adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed within the PUMP area. The planning unit will be served, or is conditioned to be served, by adequate public services.
c. A summary of the current status of overall planning area density, open space, community centers, neighborhood centers, reassignment of densities, and other adjustable factors as set forth in the PADA.
3. The recommendation, and the reasons for such recommendation, shall be stated in writing by the administrator and forwarded to the applicant. The administrator shall also forward the recommendation and the reasons for such recommendation, together with a copy of the PUMP application, to the city council for the city council's review and action.
B. Action By City Council:
1. Within fifteen (15) days after issuing a written decision, the planning and zoning commission shall transmit its recommendation to the city council. The city council shall follow notice and hearing requirements set forth in section 11A-8-13 of this title. Within forty five (45) days after receipt of the planning and zoning commission's recommendation, the city council may approve, conditionally approve or deny a PUMP and shall specify in writing:
a. The PADA and subsequent amendments and this title; applicable master plans approved by the city, and/or other applicable information reasonably relied on by the city necessary to uphold the intent of the PADA and this title;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant could take to obtain a PUMP approval.
2. Approval shall not be construed to endorse a precise location of uses or configuration of parcels. All conditions of the PUMP approval established by the city council in the adopted findings of fact and conclusions of law shall be reviewed and completed prior to or in conjunction with the final plat approval.
3. Within ten (10) days after a decision has been rendered, the administrator shall provide the applicant written notice of the action on the request. (Ord. 710, 1-14-2014)