P & Z - 12-06-05 - Laserfiche WebLink

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(A) Procedure for action by the Planning and Zoning Commission and the Council on an application for review and approval of the final plan for a PUD shall be the same as prescribed by this subchapter for the action on the preliminary proposal. In giving approval, the Council may specifY the length of time within which construction of the project mustbe begun or completed, and it may attach other conditions as seem necessary. The final development plan shall be in general conformance with the preliminary development plan as approved. . . . (B) (1) -Criteria for approval. The findings necessary for approval ofbOth the preliminary and final development plans shall be based on the following and describe in what respect the plan would or would not be in the public interest. (a) The plan does not conflict with the city comprehensive plan; (b) The plan is designed to form a desirable and unified development within its own boundaries; (c) The proposed uses will not be detrimental to present and future land use in the surrounding area; (d) 'Any exceptions to the standard ~uirements of the zoning and subdivision chapters are justified by the design of the development; and ( e) The plan will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the PUD. (2) Noncompliance. In the event the plan as submitted for final approval is not in substantial compliance with the preliminary development plan, the Zoning Administrator shall notifY the applicant within 45 days of the date of application, setting forth the ways in which the plan is not in substantial compliance. (a) The applicant may treat the notification as denial of preliminary approval; (b) The applicant may refile his or her plan so that it does substantially comply with the outline development plan; or (c) The applicant may file a written request with the Planning and Zoning Commission that it hold a public hearing on his or her request for final approval. Any hearing shall be held within 30 days after the request for the hearing. Within 45 days of the hearing, the Planning and Zoning Commission shall either grant or deny preliminary approval to the plan. (3) Final approval. The City Council shall review and approve the final development plan if it is in substantial compliance with preliminary development plan. Following this, the applicant shall record the final development plan in the manner provided for recording subdivision plats. If the final development plan is not in substantial compliance, the applicant shall be requested to repeat the procedures outlined for the preliminary development plan. Approval may be conditioned on the applicant executing a PUD agreement 1154.257 TIME LIMIT. If work on the PUD is not started within the time limits prescribed in the PUD agreement, approval shall terminate unless an extension period is requested or granted by the City Council. 57