(a) Preliminary PUD Plan. An approved Preliminary PUD plan may be granted extension for one year, provided the scope of the approved Preliminary PUD plan has not changed and the proposed uses and site plan still satisfy the approved conditions and standards.
(b) Final PUD Plan. An approved Final PUD plan may be granted extension for one year, provided that scope of the approved Final PUD plan has not change and the proposed uses and site plan still satisfy the approved conditions and standards. No more than two extensions can be granted by the Planning Commission.
(c) Extension Request. The owner shall submit a written request for an extended site plan approval period to the Zoning Administrator no sooner than six months prior to, but no later than ninety days prior to the expiration date of the approved PUD plan which is the subject of the request for approval period extension.
The written request shall include:
(1) The necessity for the extension;
(2) Submission of documentation and evidence that the owner has made a reasonable effort to begin the actual start of construction;
(3) The reason(s) why construction has not actually started to date and will not start prior to expiration of the PUD plan;
(4) Reserved;
(5) A description of the impact and major effects upon the full PUD project if the requested extension is not approved;
(6) A description of the major effects upon the full PUD project if the requested extension is approved, including changes in phasing or staging plans; and,
(7) A revised time schedule showing the dates when construction will actually start for the area of the Final PUD plan and, if applicable, the remaining areas of the complete PUDproject.
(b) Within thirty days from the Zoning Administrator's receipt of the owner's written request the Administrator shall forward the owner's request and the Administrator's comments and recommendation to the Planning Commission. Within thirty days after Planning Commission receives the request and the Zoning Administrator's comments and recommendation, the Commission shall take action upon the request. The Planning Commission shall, by resolution, deny the request for extension, approve the request for extension as submitted, or approve the request for extension for a lesser period of time than requested by the owner. Any extension of approval period for the approved Final PUD plan shall become effective and begin to run on the date of Planning Commission’s approval of such extension. Planning Commission shall approve an extended approval period for the approved Final PUD plan only when the following conditions are satisfied:
(1) The approval period for the approved Final PUD has not been previously extended by Planning Commission.
(2) An extension of approval period for the approved Final PUD will not cause the City to breach any PUD agreement made with the owner.
(Ord. 12-19. Passed 7-1-19.)