Ordinance - #02-17 - 06/11/2002 - Laserfiche WebLink

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postponement, or disapproval based upon the criteria set forth in City Code Section 9.03.03. The Preliminary Site Plan and the rezoning application shall be scheduled for a Council meeting within thirty (30) days after the submittal of the Planning Commission report. j. The Council shall consider the application for rezoning pursuant to City Code Section 9.0103 and shall approve, postpone, or disapprove the application for the rezoning. If the application for rezoning in approved, and the property is rezoned, the Council shall approve or modify and approve the Preliminary Site Plan. lc. The applicant shall file Final Plans in accordance with the requirements in City Code Section 9.03.03 with the Zoning Administrator at least thirty (30) days before the Council meeting at which the Final Plans are to be considered. 1. The Council, upon receipt of the Final Plans may approve the Final Plans if, in its determination, the proposed development is consistent with the Preliminary Site Plan, as approved. Subd. 5. Major Changes. If the applicant proposes major changes in the Final Site Plan that are inconsistent with the Preliminary Site Plan, these changes can only be made by re- submission of a new Preliminary Site Plan and rezoning application to the Zoning Administrator, and scheduling of a new public hearing before the Planning Commission and review again by the Council. The following constitute major changes: a. Increase in density. b. Change in architectural design or style. c. Change in type of ownership, private, condominium, or rental. d. Change of more than 10% in total floor area of the proposed buildings. e. Increase in height of any building. f. Major modification in the landscape plan. g. Reduction in the proposed open space. h. Change in the development schedule. i. Change in the road location or standards. j. Any other changes determined to be major by the Council. Subd. 6. Minor Changes. The Council may, in its discretion, permit minor deviations from the Preliminary Site Plan which do not change the concept or intent of the proposed development as previously approved. Subd. 7. Denial. The Council shall deny any application if it finds the Final Plans do not substantially conform to the Preliminary Site Plan as previously approved by the Council. If the Final Plans are subsequently modified to conform to the approved preliminary plan, the applicant may resubmit said Final Plans to the Council for approval. Subd. S. Rezoning. a. If final plan approval is not granted within one year from the time the Council approved the rezoning and Preliminary Site Plan, the Council may initiate a rezoning to remove the PUD District zoning and rezone the property to the zoning that was in effect at the time of the PUD rezoning application. 21