(a) Submission of Application for Preliminary Plan.
(1) The applicant shall submit the rezoning application along with 20 copies of the proposed Preliminary Plan and Development Standards Text in accordance with the submission schedule established by the Planning and Zoning Commission. In order to defray the cost of examination of the rezoning application and the Preliminary Plan and Development Standards Text and review by the Planning Commission, the applicant shall pay a fee in accordance with the fee as stipulated by ordinance. Staff shall circulate the Preliminary Plan and other comments to appropriate departments in the municipality for review and comment.
(2) Once the applicant has submitted a completed application in accordance with the submission schedule, staff shall submit the application to the Planning and Zoning Commission for its review and action at the earlier of the next regular meeting or special meeting as necessary or requested, of Planning and Zoning Commission to review the plan and determine whether it complies with the regulations of this chapter. Planning and Zoning Commission will forward a recommendation to Council.
(3) A Preliminary Plan shall be valid for five years after Council approval. Construction of any phase of the development must begin within this period or a new Preliminary Plan is required. Once a final plat is recorded for any section of the development, the Preliminary Plan shall not expire.
(b) Submission of Development Plan.
(1) The applicant shall submit an application to the municipality including the required number of copies of the proposed Development Plan, Development Standards Text modification if appropriate and any other required information in accordance with the submission schedule of the Planning and Zoning Commission. In order to defray the cost of examination of the materials and review by the Planning and Zoning Commission, the applicant shall pay a fee in accordance with the fee schedule as stipulated by ordinance.
(2) It shall be the duty of the Planning and Zoning Commission to review the Development Plan and determine whether it complies with the Preliminary Plan, Development Standards Text and any applicable regulations of this chapter. Such determination shall be made at the earlier of the first regular meeting or special meeting of the Planning and Zoning Commission in accordance with the submission and hearing schedule established by the Commission. If the Planning and Zoning Commission finds that the Development Plan complies in all respects with the applicable regulations of this chapter and the previously approved Preliminary Plan and Development Standards Text, the Commission shall approve the plan. Planning and Zoning Commission may approve Development Plans that have minor modifications from the approved Preliminary Plan and Development Standards Text. Such modifications shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning and Zoning Commission determines that such proposed modifications significantly alter the approved Preliminary Plan and Development Standards Text must be resubmitted to Council for approval.
(3) In the event the Planning and Zoning Commission does not approve the plan, each applicant shall be notified in writing of the reason for disapproval or modification along with the decision of the Planning and Zoning Commission. Decisions of the Planning and Zoning Commission disapproving the plan are appealable to Council in accordance with the provisions of Chapters 1202 and 1234.
(Ord. 08-2013, passed 9-9-2013)