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(A) Applicability. The requirements of this chapter shall apply to all development applications and procedures subject to development review under this Code unless otherwise stated.
(B) Authority to file applications.
(1) Development review applications for an individual property may be initiated by:
(a) The owner of the property that is the subject of the application; or
(b) An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner.
(c) If the property subject to an application is under more than one ownership, all owners or their authorized agents shall join in filing the application.
(2) The Planning Commission and City Council may initiate text and map amendments to this chapter. If the subject of the amendment is a specific site or project, the Planning Commission or City Council may initiate amendments with or without application from the owner.
(C) Pre-application meetings.
(1) Pre-application meetings are required or recommended based on development application type.
(2) A pre-application meeting is an informal discussion between a potential applicant and city staff regarding a possible project subject to this Title. The Zoning Administrator shall determine which city staff shall attend the pre-application meeting.
(3) The purpose of the pre-application meeting is to assist the applicant in identifying the type of approvals needed, the potential review criteria, and the information to be contained in the application(s).
(4) Discussions that occur during pre-application meetings are not binding on the city and do not constitute official assurances or representations of the city.
(D) Application materials and fees.
(1) The Zoning Administrator shall develop and amend a Development Application Manual as needed.
(2) Each application for a permit or approval, or for an amendment of a permit or approval, shall include all those application materials listed in the Development Application Manual.
(3) To defray administrative costs of processing of land use requests, a base fee shall be paid by all applicants. The fee shall be set by ordinance of the City Council, as it may be amended from time to time.
(4) In order to defray the additional cost of processing land use applications, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicant’s request, and all materials for the request.
(a) Materials shall include, but not be limited to maps, graphs, charts, drawings and the like and all printing or reproduction of same.
(b) Staff and/or consulting time shall include any time spent in either researching for or actual production of materials.
(c) The hourly rate for staff and/or consulting time shall be established and made available to the applicant by the Zoning Administrator prior to production of any materials and the applicant shall be given a reasonable estimate of project time and/or materials costs upon request. The applicant shall be responsible for the actual costs, even if the actual costs exceed the city’s estimates.
(5) No application shall be deemed complete for processing until any fee or escrow required has been paid.
(6) Applications for licenses, permits, and other approvals under this chapter shall not be accepted by the city until the Finance Director certifies that all real estate taxes, personal property taxes, special assessments and other fees or charges then due and owing to the city by the applicant or which relate to the property for which the license, permit, approval or application is requested, have been paid in full.
(7) Application fees are not refundable, except where the Zoning Administrator has determined that an application was accepted in error or when the fee paid exceeded the amount due, in which case the overpayment shall be refunded to the applicant.
(E) Technical assistance. In making its decision, the city may determine that technical assistance is needed. The city may request technical assistance from any of the firms with which it contracts. The applicant shall be responsible for the actual costs of such assistance. Actual costs are identified in the fee schedule and shall be paid by the applicant for building/development application expenses which the city incurs in regard to the review and processing of that application, and which exceeds the application fee. Such fees shall come due immediately upon notification by the city. The city may withhold any final action on a development application until all fees are paid in full.
(F) Coordination of applications.
(1) Depending on the requirements of this division, multiple applications may be required.
(2) City staff shall determine the order of application review based on the City Code, including this division, and state requirements. Where possible, applications will be reviewed in tandem.
(G) Public hearing.
(1) Public hearings are required by this division and shall be conducted pursuant to the rules established for each of the bodies, the Lindstrom City Code, and in compliance with state law.
(2) Notice of the public hearing shall be published in the official newspaper of the municipality at least ten days prior to the date of the hearing. The notice shall also be mailed not less than ten days prior to:
(a) All property owners of record according to the county assessment records within 350 feet of the property.
(b) If the application pertains to land within the Shoreland Overlay District or Floodplain Overlay District, a copy of the application and notice of hearing shall be provided to the Minnesota Department of Natural Resources (DNR). The notice may be sent by electronic mail or U.S. Mail to the respective DNR hydrologist.
(c) If the proposed project abuts or includes a state trunk highway or a county state aid road, a copy of the application and notice of hearing shall be provided to the Minnesota Department of Transportation (MNDOT) or the Chisago County Engineer, respectively.
(d) A copy of the notice and list of the individuals and/or property owners and addresses to which the notices were sent shall be attested to by the Zoning Administrator and made part of official record. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this division has been made.
(3) All public hearings shall be open to the public.
(4) The applicant, or their designee, should attend the public hearing.
(H) Recording. When conditions have been satisfied by the applicant, the city shall file with the County Recorder’s Office a copy of any required approval documents, such as ordinances, resolutions, and agreements.
(I) Withdrawal of applications.
(1) Any request for withdrawal of an application shall be submitted in writing to the Zoning Administrator.
(2) In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the city in the processing of an application shall not be refunded.
(J) Successive applications. No application which has been denied wholly or in part may be resubmitted for at least one year from the date of its denial, unless substantial changes have been made which warrant reconsideration, as determined by the Zoning Administrator.
(K) Appeals of City Council decisions. All decisions made by the city regarding zoning shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Chisago County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period defined above.
(Ord. 20220120-01, passed 1-20-22)
(A) Applicability.
(1) A site plan permit is required to allow for the Zoning Administrator to review the proposed site plan for compliance with Chapter 151 Zoning.
(2) A site plan permit shall be required for:
(a) All residential developments with three or more units;
(b) Any non-residential project; and
(c) All developments within the R-M Manufactured Home Park District.
(3) Site plan permit review may be part of a building permit approval process, or may be included as part of the review process for other requests, such as conditional use permits or variances.
(B) Pre-application meeting. A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is suggested prior to submitting a site plan permit application.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.
(2) Administrative review. When the application is reviewed by city staff, the application will be granted, denied or referred for additional review for more information.
(3) Planning Commission review.
(a) Under certain circumstances, the Zoning Administrator or city staff may refer site plan permit applications to the Planning Commission for review.
(b) If the application is referred to the Planning Commission, the Planning Commission shall review the application along with the Zoning Administrator's preliminary findings, and may refer the application and plans to any necessary expert consultants to advise whether the application and plans meet all the requirements applicable thereto in this chapter.
(c) The Planning Commission shall authorize the Zoning Administrator to issue, refuse, or refer for additional review for more information, the site plan permit.
(E) Criteria for review. In acting on any site plan permit, the Zoning Administrator shall consider the following:
(1) The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas;
(2) The layout of the site with regard to entrances and exits to public streets; adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby;
(3) The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal; and
(4) The landscaping and appearance of the completed site. The Zoning Administrator may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.
(F) Effect of site plan permit decision.
(1) The site plan permit shall expire within 12 months unless substantial work has commenced. If within 24 months after the issuance of the permit the structure is not substantially completed, the site plan permit shall expire, and the applicant shall reapply for a site plan permit before commencing work on the structure.
(2) Substantial completion is defined as the point in time when the structure has been completed to the point where it may be used for its intended purpose.
(3) Any site plan permit issued in conflict with the provisions of this chapter shall be null and void.
(Ord. 20220120-01, passed 1-20-22)
(A) Applicability.
(1) The City Council, in its capacity as the Board of Adjustment and consistent with the authority granted by law, may grant a property owner a variance from compliance with the literal provisions of the Zoning Code in an instance where strict enforcement would cause practical difficulties to the individual property owner, and when it can be demonstrated that such action will be in keeping with the spirit and intent of the Code.
(2) A variance may not be approved to allow a use which has not been identified as a permitted, permitted with standards, conditional or accessory use.
(3) Variances shall be granted for earth sheltered construction as defined in Minn. Stat. § 216C.06, Subd. 14, as it may be amended from time to time, when in harmony with this chapter.
(B) Pre-application meeting. A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is suggested prior to submitting a variance application.
(C) Submittal.
(1) The application for a variance shall be filed pursuant to § 151.06.11(D) Application Materials and Fees.
(2) No variance application shall be accepted for a property located within the floodplain until the applicant demonstrates that all required state and federal permits have been obtained. The applicant shall submit a copy of all required state and federal permits to the city concurrently with the required variance application form, fee and all other required application materials.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.
(2) Public hearing.
(a) The Planning Commission shall hold a public hearing in accordance with § 151.06.11(G).
(b) The applicant, or a representative thereof, should appear before the Planning Commission in order to answer questions concerning the proposed variance.
(3) Decision.
(a) Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the variance request and shall transmit the variance request and application along with its recommendations to the City Council.
(b) The Planning Commission may hold the matter in abeyance if there is inadequate information.
(c) Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the variance application by majority vote. The City Council may remand the variance request back to the Planning Commission for further consideration once during the review process.
(d) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
(e) Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.
(E) Criteria for review.
(1) In consideration of the variance request, the City Council shall make the following findings:
(a) The requested variance is in harmony with the general purposes and intent of this chapter;
(b) The requested variance is consistent with the Comprehensive Plan; and
(c) The applicant has established that there are “practical difficulties” as defined in Chapter 154 Definitions in complying with Chapter 151 Zoning.
(2) The Planning Commission may recommend, and the City Council may impose, conditions in the granting of variances provided all conditions are directly related to the variance request and each condition bears a rough proportionality to the impact created by the variance.
(3) Variances in the Floodplain Overlay District. No variance shall permit a lower degree of flood protection than required under state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied for all properties located within floodplain which are the subject of a variance considered under this chapter:
(a) Variances shall not be issued if any increase in flood levels during the base flood discharge would result;
(b) Variances shall only be issued if it is determined by the City Council that the granting of the variance will not result in increased flood heights; and
(c) Variances shall be issued only upon the determination by the City Council that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(4) Variances in the Shoreland Overlay District. In reviewing variance requests in the Shoreland Overlay District, the city must consider the following criteria in addition to those listed in § 151.03.29 Administration and Enforcement:
(a) Whether property owners have reasonable use of the land without the variance;
(b) Whether any existing sewage treatment systems on the property need upgrading before additional development is approved;
(c) Whether the property is used seasonally or year-round;
(d) Whether the variance is being requested solely on the basis of economic considerations; and
(e) The characteristics of development on adjacent properties.
(F) Effect of variance decision.
(1) Variances shall run with the property.
(2) Violations of the conditions of a variance shall void the variance.
(3) Recording.
(a) A certified copy of the authorizing resolution, containing identifiable description and any specific requirements for approval, shall be recorded by the City of Lindstrom with the Register of Deeds for Chisago County for the subject property.
(b) A copy of a decision granting a variance in a Floodplain or Shoreland Overlay District shall be mailed to the district office of the Minnesota Department of Natural Resources within ten days of the decision.
(4) Whenever within one year after granting a variance the work as permitted by the variance shall not have been completed, then the variance shall become null and void unless a petition for extension of time in which to complete the work has been granted.
(a) The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance or appeal.
(b) An extension to a variance may be administratively approved by the Zoning Administrator. After the initial one year extension, any future extensions must be granted by the City Council.
(5) Security.
(a) Except in the case of non-income producing residential property, upon approval of a variance or appeal the city may require a surety bond, cash escrows, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the variance and the ordinances of the city.
(b) The security shall be in the amount of the Council's estimated costs of labor and materials for the proposed improvements or development.
(c) The city shall hold the security until completion of the proposed improvement or development and certificate of occupancy indicating compliance with the variance and ordinances of the city having been issued by the Zoning Administrator.
(d) Failure to comply with the conditions of the variance and/or ordinances of the city shall result in forfeiture of the security.
(Ord. 20220120-01, passed 1-20-22)
(A) Applicability. The purpose of a conditional use permit is to permit a use that would not be appropriate generally, but may be allowed within a certain zoning district with appropriate restrictions to mitigate the impact of the proposed use.
(B) Pre-application meeting. A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is required prior to submitting a conditional use permit application.
(C) Submittal. The application for a conditional use permit shall be filed pursuant to § 151.06.11(D) Application Materials and Fees.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.
(2) Public hearing.
2022 S-27
(a) The Planning Commission shall hold a public hearing in accordance with § 151.06.11(G) Public Hearing.
(b) The applicant or a representative thereof should appear before the Planning Commission in order to answer questions concerning the proposed conditional use.
(3) Decision.
(a) Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the conditional use permit and shall transmit the conditional use permit application along with its recommendations to the City Council.
(b) The Planning Commission may hold the matter in abeyance if there is inadequate information.
(c) Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the conditional use permit application. The City Council may remand the conditional use request back to the Planning Commission for further consideration once during the review process.
(d) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
(e) The Planning Commission may recommend, and the City Council may impose, conditions in the granting of conditional use permits to promote the public health, safety, and general welfare of the community, which may include, but are not limited to, the following conditions:
1. Special setbacks or yard requirements;
2. Increased screening or landscaping requirements;
3. Standards pertaining to traffic, parking, circulation, noise, lighting, emissions, signage, and hours of operation;
4. Provision of stormwater management and erosion and sediment control;
5. Protections for environmentally sensitive areas;
6. Dedication or reservation of land; or
7. Development agreement.
(f) Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.
(E) Criteria for review.
(1) In considering the conditional use permit application, the Planning Commission and City Council shall consider the following factors:
(a) Consistency with the city’s Comprehensive Plan;
(b) Compatibility with the character of the surrounding area;
(c) The consistency of site and civil plans prepared by or under the direction of an architect, civil engineer, and/or landscape architect with the regulations, intent and purpose of the City Code;
(d) The availability and design capacities of existing or proposed utilities and roadways;
(e) Whether the use will place an undue financial burden on the city; and
(f) Consistency with any use specific standards identified in this chapter.
(2) In addition to the standards for conditional uses in
subsection
(E)(1) of this section, the following standards must be used for reviewing conditional uses located in the Shoreland Overlay District as listed in § 151.03.29 Administration and Enforcement:
(a) A thorough evaluation of the topographic, vegetation and soils conditions on the site to ensure:
1. Prevention of soil erosion or other possible pollution of public waters, both during and after construction;
2. Limiting visibility of structures and other facilities as viewed from public waters; and
3. Adequacy of the site for water supply and on-site sewage treatment.
(b) An assessment of the types, uses and numbers of watercraft that the development or use will generate in relation to the suitability of public waters to safely accommodate these watercraft.
(c) The city may impose conditions when granting conditional use permits that specify increased setbacks from public waters; vegetation allowed to be removed or required to be established; sewage treatment system location; design; the use's location and design; and use requirements for watercraft launching or docking, and for vehicular parking, structure or other facility design, use and location; phasing of construction; and other conditions considered necessary.
(F) Effect of decision.
(1) Security.
(a) Upon approval of a conditional use permit, the city may require a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the conditional use permit and the ordinances of the city.
(b) The security shall be in the amount of the Council’s estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages upon the discretion of the Council.
(c) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and ordinances of the city has been issued by the Zoning Administrator.
(d) Failure to comply with the conditions of the conditional use permit and/or the ordinances of the city shall result in forfeiture of the security.
(2) Whenever, within one year after granting a conditional use permit, the use as permitted by the permit has not been commenced, the permit shall become null and void unless a petition for extension shall be requested in writing and filed with the Zoning Administrator or City Administrator at least 30 days before the expiration of the conditional use permit for a recommendation and to the Council for a decision. The extension shall be allowed only once for a singular action.
(Ord. 20220120-01, passed 1-20-22)
(A) Applicability. The purpose of an interim use permit is to temporarily permit a use, which would not be appropriate generally, but which may be allowed within a certain zoning district with appropriate restrictions. An interim use permit is not intended to last indefinitely, but is meant to have a specific end date for when the use will no longer be allowed on the property. Upon request, the City Council may determine that any principal or accessory use listed in Tables 151.02.01 and 151.02.02 may be an interim use.
(B) Pre-application meeting. A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is required prior to submitting an interim use permit application.
(C) Submittal. The application for an interim use permit shall be filed pursuant to § 151.06.11(D) Application Materials and Fees.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.
(2) Public hearing. The Planning Commission shall hold a public hearing in accordance with § 151.06.11(G) Public Hearing.
(3) Decision.
(a) Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the interim use permit and shall transmit the application along with its recommendations to the City Council.
(b) The Planning Commission may hold the matter in abeyance if there is inadequate information.
(c) Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the interim use permit application. The City Council may remand the interim use permit request back to the Planning Commission for further consideration once during the review process.
(d) The user agrees to any and all conditions that the city deems appropriate for permission of the use. The conditions may include but are not limited to:
1. A performance bond for the entire period of the interim use sufficient to cover any future costs the city may incur to enforce the provisions of the interim use permit; and
2. Hours of operation, parking restrictions, lighting restrictions, screening, landscaping, fencing, signing restrictions, noise restrictions and the like.
3. Failure of the city to specifically note conditions or restrictions does not waive the city’s ability to enforce existing codes or hold a subsequent hearing and delete or impose additional conditions upon the property at any time.
4. All additional conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.
(e) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
(E) Criteria for review. In considering the interim use permit application, the Planning Commission and City Council shall consider the following factors:
(1) Conformity of the proposed use with the zoning regulations;
(2) Ability of the date or event that will terminate the use to be identified with certainty;
(3) Whether the use will impose additional costs on the public if it is necessary for the public to take the property in the future; and
(4) Whether the user agrees to any conditions that the governing body deems appropriate for permission of the use.
(F) Termination/expiration.
(1) Any interim use permit issued by the city automatically expires upon the termination date or event noted in the permit or upon change of the ownership of the property, whichever comes first.
(2) Any interim use permit may be terminated by a change in this chapter or violations of any of the conditions imposed by the city.
(Ord. 20220120-01, passed 1-20-22)
(A) Applicability.
(1) Whenever the public necessity, convenience, general welfare or good zoning practice requires, the City Council may, by ordinance:
(a) Amend, change or supplement the text of the regulations established by this chapter or amendments thereto; or
(b) Change the district boundaries established by this chapter and the Zoning Map incorporated herein and/or the Supplementary Floodplain Zoning Map incorporated herein.
(2) A request to amend the Zoning Code or Map may be made by:
(a) The Planning Commission;
(b) The City Council; or
(c) A property owner or representative of a property owner.
(B) Pre-application meeting. A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is required prior to submitting a Zoning Code or Map Amendment application.
(C) Submission. The application for a Zoning Code or Map Amendment shall be filed pursuant to § 151.06.11(D) Application Materials and Fees.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and refer it to city staff and other applicable agencies for review.
(2) Hearing on application. The Planning Commission shall hold a public hearing in accordance with § 151.06.11(G) Public Hearing.
(3) Decision.
(a) The Planning Commission shall review the application and recommend approval, conditional approval, or denial of the Zoning Code or Map Amendment and shall transmit the application along with its recommendations to the City Council.
(b) The Planning Commission may hold the matter in abeyance if there is inadequate information.
(c) Following receipt of the Planning Commission’s recommendation, the City Council shall review and approve, approve conditionally, or deny the amendment application by majority vote.
(d) The City Council shall state, in writing, its findings for approval or denial.
(E) Recording of amendment.
(1) The City Clerk shall ensure that any Zoning Code Amendment is made in the city’s official code book and posted online as appropriate.
(2) The City Clerk shall be responsible upon adoption of the Zoning Map or any amendments thereto for recording a true copy of the amended Zoning Map with the Register of Deeds.
(Ord. 20220120-01, passed 1-20-22)
(A) Applicability.
(1) The establishment of a planned unit development (PUD) provides design flexibility to promote creative and efficient use of land. Planned unit development provisions are also intended to create public and private benefit by allowing improved site design; allowing developments on multiple lots to function as one coordinated site; facilitating protection of natural features; allowing flexibility for unique developments; and ensuring coordination of phased development.
(2) Planned unit developments are processed using a development stage PUD plan and final stage PUD plan process. Concurrent processing with platting shall be allowed as appropriate. The development stage and final stage PUD plan processes can also occur simultaneously when the complexity of the project will allow.
(3) An approved development stage PUD plan shall be on file with the city prior to applying for a final stage PUD plan that substantially conforms to the development stage PUD plan. Substantial conformance means:
(a) The buildings, parking areas and roads are in essentially the same location as previously approved;
(b) Open space has not been decreased or altered more than 10% from its original design or use;
(c) The number of dwelling units, if any, has not increased or decreased by more than 5%;
(d) The floor area of nonresidential areas has not been increased or decreased by more than 5%;
(e) No building has been increased in the number of floors; and
(f) Lot coverage of any individual building has not been increased or decreased by more than 10%.
(4) The final stage PUD plan may, if permitted by the City Council, constitute only that portion of the approved development stage PUD plan which the applicant proposes to record at the time.
(B) Pre-application meeting.
(1) A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is required prior to submitting a development stage PUD plan application.
(2) During the pre-application meeting, staff will determine if the proposed project is eligible for concurrent review of the development and final stage PUD plans.
(3) Applicants may choose to use the concept plan process identified in § 152.05.14 Concept Plan to solicit input from the Planning Commission and City Council prior to submitting a development stage PUD plan.
(C) Submittal.
(1) The application for a development stage or final stage PUD plan shall be filed pursuant to § 151.06.11(D) Application Materials and Fees.
(2) If staff has determined a PUD to be eligible, applicants may apply for concurrent development stage and final stage PUD plan approval by submitting all information required for both applications simultaneously.
(3) The application for a final stage PUD plan shall be submitted no later than one year after the date of approval of the development stage PUD plan; otherwise the development stage PUD plan and final stage PUD plan will be considered void unless an extension is requested in writing by the applicant and granted by the city.
(4) The final stage PUD plan shall cover at least 20% of the area approved by the development stage PUD plan unless otherwise allowed by the City Council due to unique circumstances of the development stage PUD plan.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.
(2) Public hearing.
(a) The Planning Commission shall hold a public hearing on the development stage PUD plan in accordance with § 151.06.11(G) Public Hearing.
(b) A public hearing is not required for a final stage PUD plan; however, the City Council may set a public hearing if it is deemed to be necessary.
(3) Decision.
(a) Development stage PUD plan.
1. Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the development stage PUD plan and shall transmit the plan and application along with its recommendations to the City Council.
2. The Planning Commission may hold the matter in abeyance if there is incomplete or inadequate information.
3. Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the development stage PUD plan application.
4. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
5. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.
(b) Final stage PUD plan.
1. The City Council shall review and approve, approve conditionally, or deny the final stage plan application.
2. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
3. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.
(E) Criteria for review.
(1) The City Council shall base its actions regarding a development stage PUD plan upon the following criteria:
(a) Compatibility of the PUD with the standards, purposes and intent of this chapter;
(b) Consistency of the PUD with the Comprehensive Plan’s vision, mission, values, and policies;
(c) The adequacy of internal site organization, circulation, parking facilities, public facilities, recreational areas, open spaces, sidewalks, trails, buffering and landscaping; and
(d) Other factors as the city deems relevant.
(2) The City Council shall base its actions regarding a final stage PUD plan upon the following criteria:
(a) Substantial conformance with the approved development stage PUD plan and all conditions of approval;
(b) Conformance with this Title and all other applicable ordinances, rules, and regulations; and
(c) Consistency with the Comprehensive Plan’s vision, mission, values, and policies.
(F) Effect of development stage PUD plan decision.
(1) Approval of the development stage PUD plan by the Council shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. While approval of the development stage PUD plan shall establish the basic right of use for the area in conformity with the plan as approved, such plan shall be conditioned upon approval of a final stage PUD plan and shall not make permissible any of the uses as proposed until a final stage PUD plan is submitted and approved for all or a portion of the development stage PUD plan.
(2) The applicant shall submit the final stage PUD plan to the City Council within one year after the approval of the development stage PUD plan or approval of the development stage PUD plan shall be considered void.
(G) Recording of final stage PUD plan.
(1) All approved PUD districts shall be designated on the city’s zoning map as it is revised from time to time.
(2) No building permit shall be issued or development shall occur on land for which a PUD district has been approved which does not conform to the approved final plan.
(3) After the final stage PUD plan has been approved by the City Council, all conditions of approval have been met, and required improvements are either installed or a contract and sureties insuring their installation is filed, the city shall file the final plan with the County Recorder. Recording of the final stage PUD plan and all associated conditions of approval must be completed within one year of final approval. Failure to do so shall result in the requiring of a new development stage PUD plan which must be reviewed in accordance with the procedure set out in this part to ensure compliance with any new requirements.
(4) If, within one year following City Council approval of the final stage PUD plan, no building permits have been obtained or, if within one year after the issuance of building permits, no construction has commenced on the subject property approved for the PUD district, the zoning for the parcel(s) shall revert back to the original zoning and the PUD designation shall be declared null and void.
Prior to the expiration of any timeframe, the City Council may, upon request of the property owner and by resolution and findings of fact, approve extensions of any timeframe in up to 12 month increments.
(Ord. 20220120-01, passed 1-20-22)
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