A. Application review. Upon receipt of a properly completed application for a preliminary planned development, the Zoning Administrator shall review the application for compliance with all applicable requirements. Completed applications will be then be forwarded to the Planned Development Commission and Design Review Board for their respective reviews and recommendations.
B. Hearings. The Planned Development Commission shall hold a public hearing in accordance with Chapter 17.56 of this Code. Notices of the public hearings shall be issued in the manner provided in Section 17.56.040 of Chapter 17.56.
C. Written protest.
1. Filing of protest. Any owner of property located within 250 feet of the subject property may file a written protest objecting to the planned development. The written protest shall be directed to the Village Council and shall be submitted on forms provided by the Village and shall be signed and acknowledged, in accordance with the definitions provided in Sections 17.04.030(A)(3.5) and 17.04.030(S)(4.5) of this title. The written protest shall be submitted no later than 5:00 p.m. on the date of the first meeting of the Village Council at which the preliminary approval of the planned development application is on the agenda for consideration; provided, that the filing of a written protest after the close of the Planned Development Commission hearing on the planned development application shall not create a right either to reopen the evidentiary record or to remand the application to the Planned Development Commission for further evidentiary proceedings.
2. Effect of written protest. In the event 20% of the owners of property located within 250 feet of the subject property have submitted a written protest as provided in Section 17.56.050(A), the preliminary approval of a planned development by the Village Council shall require the favorable vote of four Trustees.
D. Design Review Board. The Design Review Board shall consider the application for preliminary planned development at a public meeting.
E. Findings and recommendations. Within 30 days following the date of the completion of the public hearings of the Planned Development Commission, and within 30 days following the completion of the Design Review Board meeting on the application for preliminary approval, each body shall forward a written copy of its findings of fact, and/or its recommendation to the Village Council. The findings and recommendations of each body shall be consistent with the purpose and intent of this Title and shall specify, in a separate conclusion or statement, such stipulations, restrictions or conditions, including but not limited to the operation of the planned development, that the Planned Development Commission or Design Review Board deems necessary to assure the protection of the public health, safety, comfort, morals or welfare. No planned development shall be recommended for approval by the Planned Development Commission or Design Review Board unless such commission or board shall find that the proposed planned development is in conformity with the standards set forth in Section 17.58.110 of this chapter and with any other applicable regulations of the zoning district in which the subject property is located.
F. Village Council.
1. Village Council deliberations. Within 30 days after the Village Council receives all of the findings of fact and/or the recommendations of the Planned Development Commission and Design Review Board on the application, the application for the planned development shall be placed on the Village Council' s agenda for consideration.
2. Village Council decision; vote required. By a majority of the Village Council, the Village Council, in the exercise of its discretion, may grant, deny or modify the planned development application, or may return the matter to the Planned Development Commission or Design Review Board for further consideration and findings. Nothwithstanding the foregoing, if the requisite number of protests have been submitted in accordance with Section 17.56.050 of Chapter 17.56, the favorable vote of four Trustees shall be required to grant the planned development by the Village Council.
3. As part of its approval of a planned development application, the Village Council may impose conditions on the applicant or require the applicant to make public improvements if such conditions or public improvements would be necessary for the planned development application to satisfy the standards set forth in Section 17.58.110 of this Chapter. Such public improvements may include, without limitation, bicycle infrastructure, transit stops, and public utility, public streetscape, roadway, intersection, signalizations, parking, and pedestrian safety improvements.
(MC-2-2019, Amended, 04/25/2019; MC-8-2005, Added, 12/20/2005; MC-9-2010, Amended, 01/4/2011)