The following procedures shall be used to secure approval of a Planned Unit Development (PUD) and the appropriate changes of zoning resulting therefrom.
(a) The Preliminary Development Plan together with an application and application fee shall be filed with the Code Enforcement Officer. The Preliminary Development Plan and accompanying documents shall then be forwarded to the Planning Commission for study and recommendation. Copies of the Preliminary Development Plan also shall be forwarded to the Municipal Engineer, Code Enforcement Officer, and Village Administrator for a comprehensive staff report, which report shall have been received and reviewed by the Planning Commission prior to the Commission's recommendations being made to Council.
(b) The Planning Commission shall have a reasonable time, not less than thirty (30) days, to consider the Preliminary Development Plan at a public hearing and to report its recommendations to Council. The Code Enforcement Officer, or his designee, shall notify all owners of neighboring properties as set out in the applicant's affidavit, of the time and place of the Commission's public hearing at which such Preliminary Development Plan will be considered. Such notices shall be served by first class mail posted at least ten (10) days before the date of the proposed public hearing.
When Council receives the Planning Commission's report and recommendation, Council shall establish a date for public hearing on the Preliminary Development Plan, giving notice in accordance with the provisions of Section 1129.04. Such public hearing by Council shall be held within ninety (90) days after the receipt of the Planning Commission's report and recommendation unless such time period is extended by mutual agreement of the parties.
The Planning Commission's report and recommendation on the Preliminary Development Plan, as well as the Preliminary Development Plan and a draft rezoning ordinance, shall be available for public inspection for the period of thirty (30) days immediately preceding Council's public hearing. Adoption of the ordinance including the Preliminary Development Plan shall constitute a rezoning of the property included in the Preliminary Development Plan subject to the applicant's compliance with the provisions of subsections (c) through (f) hereof prior to the development or the construction of improvements contained in the preliminary plan and any conditions established by Council.
(c) Within two (2) years following Council's approval of the Preliminary Development Plan, a Final Development Plan may be submitted for all or any part of the approved Preliminary Development Plan. Upon good cause shown by the applicant and by a majority vote of the Planning Commission, the Commission may extend the two-year period if the request is submitted prior to the expiration date. Failure to submit a Final Development Plan within such two-year period (or any such extended period) and then have it approved timely thereafter shall invalidate any prior zoning approval given, forfeit fee payments, and revert the property to its previous zoning classification.
Final Development Plans are intended to be detailed representations of and in conformance with all aspects of the approved Preliminary Development Plan. Following receipt of a Final Development Plan and accompanying documents from the Code Enforcement Officer, the Planning Commission shall review such plan and determine whether it complies with regulations of this chapter, that it represents a detailed and precise expansion and delineation of the previously approved Preliminary Development Plan, that it complies with all conditions which may have been given at the time of approval of the Preliminary Development Plan, or that before it can be considered, it requires an amendment of the Preliminary Development Plan.
No details of any Final Development Plan shall necessitate revision of portions of the approved Preliminary Development Plan. If revision of any portion of the Preliminary Development Plan is required, a revised Preliminary Development Plan shall be approved by the Planning Commission in accordance with the provisions of this Code before approval is granted to the Final Development Plan. Council shall be required to approve the change at a public hearing for which notice shall be given in conformance with Section 1129.04.
The Code Enforcement Officer, or his designee, shall notify all owners of neighboring properties as set out in the applicant's affidavit, of the time and place of the Commission's public hearing at which such Final Development Plan will be considered. Such notices shall be served by first class mail posted at least ten (10) days before the date of the proposed hearing. (Ord. 29-2022. Passed 1-23-22.)
(d) (EDITOR’S NOTE: Former subsection (d) was repealed by Ordinance 29-2022, passed January 23, 2023.)
(e) If the Planning Commission finds that the Final Development Plan complies in all respects with the regulations of this chapter and the previously approved Preliminary Development Plan, the Commission shall approve the plan and the Commission chair, vice chair or designee shall affix his/her signature and approval date thereto attesting to such approval. Following approval of the Final Development Plan and the attestation of such action by the Commission chair, vice chair or designee, the applicant shall provide one copy of all plans as part of the Final Development Plan for records of the Village.
(f) A final subdivision plat prepared in accordance with applicable requirements of the subdivision regulations for the area covered by the Final Development Plan shall be prepared for Council approval prior to appropriate recording.
(Ord. 12-2015. Passed 4-27-15.)