(A) Fee. The fee for a planned unit development (PUD) general development plan review shall be established by ordinance of the City Council.
(B) Preliminary review approval. The applicant shall have secured preliminary review approval by the Planning Commission within the previous year.
(D) Referrals. Upon receipt of all required information, the City Clerk or Zoning Administrator shall refer the same to the Planning Commission and shall refer the applicable portions to the Fire Department, City Engineer, and Building Official, Washington County Soil and Water Conservation Service, Washington County Planning Commission, and such other public bodies, agencies, and officials as may be interested or affected. Reports on those aspects of the proposed plan which concern the Department or body must be filed with the City Clerk or Zoning Administrator within 30 days of the referral thereof.
(E) Action by Planning Commission. The Planning Commission shall thereafter recommend approval of the general development plans as submitted, approval of the application subject to specified modifications or conditions, or recommend denial of the application, within the time prescribed by law for the permit or as assigned by the Zoning Administrator.
(1) Within the period of time the matter is under consideration by the Planning Commission, the applicant shall be allowed to make such amendments to that developer's application, including any part of the general development plan or any applicable components thereof, as the Planning Commission shall request or permit.
(2) The affirmative vote of 2/3 of the members of the Planning Commission shall be required for a recommendation of approval of any planned unit development general development plans.
(F) Public hearing. Within the period of time the matter is under consideration, the Planning Commission shall hold a public hearing concerning the particular planned unit development application. At least 10 days' published notice of the meeting shall be given and notice shall be given by certified mail to all property owners within 500 feet of the property described in the application. Notice shall contain a legal description of the property described in the application.
(G) Action by the City Council. The planned unit development general development plans may be placed on the agenda of the City Council at its next regular meeting following approval of the planned unit development general development plans by the Planning Commission. The City Council may take action on these plans within 60 days after the meeting. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community and that the use is fully consistent with the purposes of the city ordinances relating to land use, subdivision and development, including the provisions of this chapter, and in conformity to the Comprehensive Plan, the City Council may grant such approval. If it approves the plans, the City Council may impose conditions, including time limits it considers necessary. Periodic review of the project and the final permit may be required; the cost of periodic review shall be paid by the permittee of each project. Approval shall be granted for a particular use and development, and not for a particular applicant.
(H) Method of withdrawing an application for a permit. Any application for a planned unit development permit may be withdrawn by the applicant at any time prior to filing the required plat thereof in accordance with the Subdivision Regulations, or if no platting is required in connection with the planned unit development application, then at any time prior to physical implementation of the approved permit, such as the commencement of construction on the permit site.
(I) Method of amending a planned unit development permit. Any desired change involving structural alteration, enlargement, or intensification of the use not specifically allowed by a particular planned unit development permit, or any request for a variance from the specific terms of a previously passed planned unit development permit, shall require that an application be filed for an amended permit and all procedures shall apply as if a new permit was applied for.
(J) Method of cancellation of a planned unit development permit. Any existing approved planned unit development permit shall be deemed to be cancelled if the owner of the land involved in the permit applies for and receives a rezoning with respect to the property prior to the time that there is any physical implementation of the matters covered by the previously approved planned unit development permit. In addition, an existing planned unit development permit shall be deemed to be automatically cancelled in the event that a final plat, if the same is required in connection with the permit, is not filed as required by and in accordance with the terms of the City Subdivision Regulations within 120 days following final approval of the planned unit development permit by the City Council. In all other situations, an existing planned unit development permit shall be cancelled and revoked, short of expiring according to its own terms, only upon the event the community acting in accordance with law and due process, taking some rezoning action which supersedes the planned unit development permit.
(Prior Code, Ch. 300 § 507.05)