(A) Procedure. A developer may apply for approval of a planned unit development from the Planning Commission, granting exemption from portions of this chapter for large scale developments. The procedure for taking action on a planned unit development application shall be as follows:
(1) Written application. A written application for a planned unit development approval shall be filed with the Department of Planning on forms prescribed by the Department. Upon filing an application for a planned unit development approval with the Department of Planning by a landowner or his/her authorized agent, the applicant shall be informed of the time and place of the next regular meeting at which the application will be considered.
(2) Submittal/timing.
(a) The application must he received at least 22 days prior to the next regular meeting of the Planning Commission.
(b) The application will not be scheduled for a public hearing unless the Department of Planning, following an examination of the City of Unalaska Real Property Tax Roll, determines the person signing as landowner(s) on the application form are in fact the latest owner(s) of record.
(B) Public hearing. The Planning Commission shall hold at least one public hearing on the application. Notice of the public hearing shall be given not less than ten days prior to the public hearing in the following manner:
(1) The Department of Planning will mail notice of public hearing to all landowners of record within 300 feet of the proposed planned unit development as shown on the City of Unalaska Real Property Tax Roll; and
(2) The Department of Planning will post at least two copies of this notice, printed or written, in a conspicuous place not less than ten days prior to the date of the hearing.
(C) Findings. At public hearing, the Planning Commission shall determine if any application for a planned unit development:
(1) Furthers the goals and objectives of the Comprehensive Development Plan:
(2) Will be compatible with the existing and planned land uses in the surrounding neighborhood and with the intent of its zoning district; and
(3) Will not have a permanent negative impact substantially greater than anticipated from permitted development within the zoning district.
(D) Action of the Planning Commission.
(1) The Planning Commission shall make its decision concerning a planned unit development application within 30 days after the first public hearing on the application, unless the hearing is continued.
(2) In rendering its decision, the Planning Commission may apply specific site or development conditions as additional safeguards or controls to ensure compatibility with surrounding land use and protection of the public. Such approval will be specifically tied to the site plan submitted with the application, unless otherwise modified and noted by the Planning Commission.
(3) The Planning Commission shall cause written notification of its action to be mailed to the applicant within ten days after the decision has been rendered. Its decision shall be final unless appealed to the City Council.
(E) Appeals. A person aggrieved by the decision of the Planning Commission may make written request for a hearing before the City Council to appeal such decision. For purposes of this subsection, an aggrieved person means an applicant or landowner within the area involved or within 300 feet of the exterior boundaries of the area involved. Such request shall contain reference to the specific decision appealed and shall be delivered to the City Clerk within ten working days from such ruling. Upon receipt of any such request, the City Council will set a date for a public hearing to consider the Planning Commission’s decision and objections thereto. Notice of the Public Hearing shall be given not less than ten days prior to the public hearing in the following manner:
(1) The Department of Planning will mail the notice of public hearing to all landowners of record within 300 feet of the proposed planned unit development as shown on the City of Unalaska Real Property Tax Roll; and
(2) The City Clerk will post at least two copies of this notice, printed or written, in a conspicuous place not less than ten days prior to the date of the hearing.
(F) Action of the City Council. At the public hearing, the City Council may uphold the action of the Planning Commission, reverse the action of the Planning Commission, or modify the action of the Planning Commission.
(G) Decision of the City Council. The City Council shall provide findings of fact and conclusions of law in accordance with its decision on appeal. These findings of fact and conclusions of law shall be issued within 15 working days after the final hearing on appeal. The decision of the City Council shall become final and effective immediately upon the issuance of the findings of fact and conclusions of law. No permits shall be issued concerning the property in question until the decision becomes final. A decision of the City Council may be appealed to the Superior Court within 30 days after the decision becomes final.
(H) Reapplication. No request for a planned unit development shall be considered by the Planning Commission within the 12-month period immediately following a previous denial of such request, except that the Director of Planning may consent to a new hearing, if in the opinion of the Director of Planning new evidence or a change of circumstances warrant it.
(I) Time limit. Each planned unit development authorized under the provisions of this chapter which is not actually established or for which the actual construction commenced on the buildings or structures involved within one year from the date of the decision of the Planning Commission, will be null and void. In the event construction work is involved, it must actually commence within the stated period and must be diligently pursued to completion.
(Ord. 2014-19, passed 10-28-14)