(a) Pre-application. The applicant may request review and feedback from City staff and/or the Municipal Planning Commission prior to preparing a Preliminary Plan. No discussions, opinions, or suggestions provided shall bind the applicant, or the City, or be relied upon by the applicant to indicate subsequent approval or disapproval by the City.
(b) Preliminary Plan.
(1) Municipal Planning Commission. The Municipal Planning Commission shall recommend to the City Council that the application for PUD be approved as requested, approved with modifications, or disapproved. In the event the Municipal Planning Commission disapproves the application, the petitioner may elect not to have the same recommended to the City Council.
(Ord. 04-2013. Passed 2-19-13.)
(2) City Council. Upon receipt of the recommendation of the Municipal Planning Commission, the requested PUD shall be set forth in Ordinance form and shall thereafter be introduced in writing at a meeting of the City Council, and the City Council shall fix a date for a public hearing. Such hearing may be held on but not before the fourteenth day following the fixing of the date or on any day thereafter. Notice of the public hearing shall be published in the same manner as notices are published for public hearings on Council ordinances. Notice of the hearing date and time shall be posted on the property to be considered for the PUD at least ten days prior to the hearing. During the period between the fixing of the date of the hearing and the date of the hearing, the Preliminary Plan shall be kept on file in the office of the Planning and Building Department for public examination during regular office hours. The availability of such materials shall be indicated in the published notice of the hearing.
After receiving from the Municipal Planning Commission the recommendations for the proposed PUD and after holding the above public hearing, the City Council shall consider such recommendations and vote on the passage of the proposed PUD Ordinance. The City Council may, by a majority of all its members, adopt or reject the proposed Ordinance, with or without change. (Ord. 01-2017. Passed 1-17-17.)
(c) Final Plans.
(1) The Municipal Planning Commission shall review Final Plans for compliance with the approved PUD Ordinance and shall:
A. Approve the Final Plan as requested;
B. Approve the Final Plan with modifications as agreed by the applicant which do not change the essential character of the approved PUD and do not need review by the City Council;
C. Recommend the Final Plan to the City Council with changes that require an amendment to the PUD Ordinance; or
D. Disapprove the proposed Final Plan when said plan does not meet the requirements of the PUD.
(2) Requested modifications to the approved Final Plans shall be reviewed according to the following:
A. City Staff. The City staff may authorize minor design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approved Final Plan. Such modifications shall be limited to:
1. Minor adjustments in lot lines provided no additional lots are created;
2. Minor adjustments in location of Building footprints and parking lots, provided the perimeter required Yards remain in compliance;
3. Minor adjustments in Building height;
4. Minor modifications in Structure design and materials, and lighting provided there is the same general appearance; and
5. Minor modifications of landscaping, including substitution of materials.
B. Municipal Planning Commission. The Municipal Planning Commission shall review modifications other than those listed in the above section, and any of the above modifications as recommended by City staff.
1. Should the Municipal Planning Commission find that such modification keeps the essential character of the approved PUD, and does not require an amendment to the PUD Ordinance, the Municipal Planning Commission shall approve such modification.
2. Should the Municipal Planning Commission find that such modification requires an amendment to the PUD Ordinance, the Municipal Planning Commission shall forward a recommendation of approval or denial to the City Council for such amendment.
3. At the time of filing of an application to modify the Final Plan for review by the Municipal Planning Commission, the applicant shall pay a fee of one-hundred dollars ($100.00), no part of which shall be refundable.
(d) Appeal. Any person, firm or corporation, or any officer, department, board or agency of the City who has been aggrieved or affected by any decision of the Municipal Planning Commission involving an application for a Final Plan for a PUD, or any member of the City Council, whether or not aggrieved or affected, may appeal such decision to the City Council by filing notice of intent to appeal within seven days of the date of the decision, and filing a petition with the Clerk of Council within fifteen days from the date of the decision and setting forth the facts of the case. The City Council shall hold a public hearing on such appeal not later than thirty days after such petition has been filed with the Clerk of Council. The City Council, by an affirmative vote of four of its members, shall decide the matter on the merits of the case after giving due consideration to the deliberations and decisions of the Municipal Planning Commission and the City Council's decision shall be final.
(e) Expiration. Each phase of the total project shall be started and completed within the dates specified in the Preliminary Plan approval or:
(1) The City Council may grant an extension of the PUD approval for good cause shown if such request for extension is made prior to expiration;
(2) A new application may be submitted for Preliminary Plan approval;
(3) The City may change the Zoning of the property to another Zoning District as may be determined appropriate by the City Council.
(Ord. 04-2013. Passed 2-19-13.)