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A. The Community Development Director shall prepare and submit to the Hearing Examiner a proposed ordinance providing for the repeal of the ordinance establishing the planned development district upon the occurrence of the following:

1. A final planned development district application and map(s) have not been submitted within three (3) years of adoption of the ordinance conditionally approving and establishing the planned development district unless an application for an extension has been approved by the Hearing Examiner.

2. Construction has not commenced within two (2) years of final planned development district approval or in compliance with the final approved planned development district construction schedule unless an application for an extension has been approved by the Hearing Examiner.

B. Application for Time Extension.

1. Sixty (60) days prior to the first reading of an ordinance to repeal the ordinance establishing the planned development district, the responsible party of record representing the planned development district shall be notified by certified letter via U. S. mail of the pending action and shall be afforded the opportunity to submit an application or an extension of the planned development district ordinance.

2. The Hearing Examiner may grant one (1) extension not to exceed one (1) year of the ordinance establishing the planned development district.

3. Application for an extension shall be made to the Hearing Examiner at least thirty (30) calendar days prior to the scheduled date of a first reading of the repeal ordinance. A nonrefundable application fee of one hundred dollars ($100) shall accompany each and every application for an extension.

4. The application shall include a statement of mitigating and/or hardship circumstances necessitating the request for an extension.

5. At a public meeting of the Hearing Examiner there shall be a consideration of a recommendation to the City Council to adopt a repeal ordinance. At consideration of the recommendation to the City Council to adopt the repealing ordinance the Hearing Examiner may grant the requested extension based upon the testimony given at the meeting.

6. If the extension is approved, the consideration of a recommendation to the City Council concerning a repealing ordinance will be redocketed for consideration at the termination of the one (1) year extension period. In the event that a final planned development district application and map(s) has not been submitted within the one (1) year extension period or in the event that construction has not commenced within the one (1) year extension, there shall be a recommendation to the City Council to repeal the ordinance creating the planned development district. (Ord. 2949, 4/14/20; Ord. 2465, 5/12/09; Ord. 2289, 1/9/07; Ord. 2144, 12/9/03; Ord. 1992, 11/14/00; Ord. 1900, 12/28/99; Ord. 1248, 1986; Ord. 1101, 1983)