The following steps are provided to assure the orderly review of every planned unit development application in a timely and equitable manner:
(A) Preliminary council review.
(1) Application, purpose, and procedure:
(a) A prospective applicant, prior to meeting with city staff for a formal pre-filing review, shall appear before the city council for a preliminary board review. The applicant shall coordinate with the city administrator to be placed on a city council agenda and scheduled for the earliest appropriate city council meeting. At a minimum, the applicant shall provide the following materials to the city council for its preliminary review:
1. Preliminary concept plan of the development; and
2. A brief narrative describing the overall character, intensity, uses, and nature of the proposed planned unit development.
(b) The purpose of such review shall be to broadly acquaint the city council with the applicant's proposal and to provide the applicant with any preliminary views or concerns that members of the council may have at a time in the process when positions are still flexible and adjustment is still possible and prior to the time when the applicant is required to expend the funds necessary to prepare the complete documentation required for a formal application.
(c) At the meeting at which the preliminary council review is conducted, any member of the city council may make any comments, suggestions or recommendations regarding the preliminary development concept deemed necessary or appropriate by that member; provided, however, that no final or binding action shall be taken with respect to any preliminary application. Any views expressed in the course of the city council's review of any preliminary development concept shall be deemed to be only preliminary and advisory and only the individual views of the member expressing them. Nothing said or done in the course of such review shall be deemed to create, or to prejudice, any rights of the applicant or to obligate the city council, or any member of it, to approve or deny any formal application following full consideration thereof as required by this code.
(B) Pre-filing review and transmittal of application.
(1) Conference:
(a) A prospective applicant, prior to submitting a formal application for a planned unit development, shall meet for a pre-filing conference(s) with the city administrator and any other city official or employee designated by the city administrator. The purpose of the conference(s) is to help the applicant understand the comprehensive plan, the zoning title, the site development allowances, the standards by which the application will be evaluated, and the application requirements.
(b) After reviewing the planned unit development process, the applicant may request a waiver of any application requirement which in the applicant's judgment should not apply to the proposed planned unit development. Such request shall be made in writing prior to the submission of the formal application documents.
(c) All requests for waiver shall be reviewed within 15 working days by the city council. A final determination regarding the waiver shall be given to the prospective applicant following the decision.
(d) If deemed appropriate by the city administrator, the applicant, prior to submitting a formal application for a planned unit development, will be required to schedule a meeting to discuss the proposed planned unit development and its impact on area residents. If such a meeting is required, the applicant shall send a written notice of the meeting via certified mail to all taxpayers of record and residents for all property within 500 feet of the proposed planned unit development. Such notice shall be mailed not less than 15 days prior to the date of the meeting. A copy of the notice and mailing list shall be provided to the city administrator. A written summary of comments made at the meeting shall be maintained and submitted by the applicant with the application.
(2) Filing of application: Following the completion of the prefiling conference(s), the applicant shall file an application for a planned unit development in accordance with this section. The city administrator shall deliver copies of the application to other appropriate city departments for review and comment.
(3) Deficiencies: The city administrator shall determine whether the application is complete. If the city administrator determines that the application is not complete, he/she shall notify the applicant in writing of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied.
(4) Report on compliance: A copy of the complete application and a written report incorporating the comments of city staff and other agencies regarding the compliance of the proposed planned unit development with the requirements and standards of this section shall be delivered to the planning and zoning commission prior to the public hearing.
(5) Determination not binding: Neither the city administrator's determination that an application is complete nor any comment made by the city administrator or city staff at a pre-filing conference or as part of the review process shall be intended or construed as a formal or informal recommendation for the approval of a planned unit development permit for the proposed planned unit development, or component part thereof, nor shall be intended or construed as a binding decision of the city, the planning and zoning commission or any staff member.
(C) Review and action by the planning and zoning commission.
(1) Upon receiving the report from the city administrator, the planning and zoning commission shall hold at least one public hearing on the proposed planned unit development.
(2) Notice of the required public hearing shall be published by the city not more than 30 nor less than 15 days before the scheduled hearing in a newspaper published in the city or if there is none, then in a newspaper of general circulation in the city and shall contain the following information:
(a) The identification number designation of the application;
(b) The date and time of the public hearing;
(c) The location of the public hearing; and
(d) The general location of the property, the legal description of the property and its street address, if applicable, and a short description of the proposed planned unit development and purpose of the public hearing.
(3) Notice of the required public hearing shall also be provided by the city by posting a sign or signs on the property no less than 15 days prior to the public hearing. The sign shall be weatherproof and contain such information as is required in division (C)(2)(b) above. Failure to post such sign(s) and/or the removal or knocking down (by the city or others) of the sign after posting but before the public hearing shall not invalidate, impair, or otherwise affect any planned unit development permit subsequently granted following such public hearing.
(4) Notice of the required public hearing shall also be provided by the applicant by Certified U.S. Mail to the taxpayers of record and owners of record of the property which is the subject of the application (if different than the applicant), and the taxpayers of record and residents of all property within 500 feet of the subject property. Such notice shall contain the information as is required in division (C)(2)(b) above and shall be mailed not more than 30 nor less than 15 days prior to the date of the public hearing. The notice shall also include the name and address of the applicant for the planned unit development.
(5) The planning and zoning commission shall review the application, the standards and requirements established by this section, the report of the city administrator, and any oral and written comments received by the planning and zoning commission before or at the public hearing. Within 45 days following the close of the public hearing and at a regular meeting, the planning and zoning commission shall make specific written findings addressing each of the standards set forth in this section and transmit such findings, together with a recommendation of approval, approval with conditions, or disapproval to the city council.
(D) Review and action by the city council.
(1) Within 60 days of receipt of the report and recommendation of the planning and zoning commission, and without further public hearing, the city council shall either deny the application; refer the application back to the planning and zoning commission for further review; postpone further consideration pending the submittal of additional information, including any application requirement previously waived; or adopt an ordinance approving the planned unit development permit.
(2) Any action taken by the city council pursuant to division (D)(1) above shall require the concurrence of a majority of all the city council then holding office.
(3) In approving a planned unit development permit, the city council may attach such conditions to the approval as it deems necessary to have the proposed use or combination of uses meet the standards set forth in this section and to prevent or minimize adverse effects on other property in the immediate vicinity. Such conditions may include, but are not limited to: limitations on size, bulk and location; requirements for landscaping, signage, outdoor lighting, provisions for adequate ingress and egress; hours of operation; and such other conditions as the city council may deem to be in furtherance of the objectives of this section.
(Ord. O-37-15, passed 10-6-15)