A.   Title: This chapter shall be known and may be cited as the BELLEVUE PLANNED UNIT DEVELOPMENT OR PUD ORDINANCE.

   B.   Authority And Purpose: The City of Bellevue recognizes that strict adherence to the bulk regulations set forth in traditional zoning ordinances is not always the most effective manner in which to carry out the intent of such ordinances or the goals and objectives of the Bellevue Comprehensive Plan. The planned unit development (PUD) process encourages flexibility and creativity in the development of land in order to improve the design, character, and quality of new development. Specific purposes of the planned unit development process include: promoting flexibility in the type, design, and siting of structures; encouraging more efficient use of land, public streets, utilities, and government services; avoiding or mitigating hazardous areas; preserving open space for the benefit of residents of planned unit developments, as well as the community in general; and, achieving a compatible relationship between the uses in the planned unit developments, surrounding areas and the community in general.

This chapter is adopted pursuant to authority granted by Idaho Code sections 67-6501, et seq., including without limitation sections 67-6512, 67-6515, and 67-6513, and article 12, section 2 of the Idaho Constitution. The PUD permit required under this chapter is a special use permit authorized under Idaho Code 67-6512 and this chapter shall be deemed part of the Bellevue zoning regulations. The provisions for planned unit developments contained in this chapter are intended to encourage the total planning of developments. In order to provide the flexibility necessary to achieve the purposes of this chapter, waivers or modifications to standard zoning requirements may be permitted subject to the granting of a PUD permit. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between a PUD and surrounding properties and the City at large.

This chapter is enacted for the general purposes of promoting the public health, safety, comfort, and general welfare of the City of Bellevue and its inhabitants; to conserve and protect property and property values; to secure the most appropriate use of lands; to control the density of population; to prevent undue traffic congestion; to preserve the scenic, historic, and aesthetic values of Bellevue; to insure the economical provision of adequate public improvements and facilities; to protect and enhance important historical and environmental features; to protect natural resources and wildlife habitat; to avoid undue concentrations of population and the overcrowding of land; to ensure that development of land is commensurate with the physical characteristics of the land; to protect life and property in areas subject to natural hazards; to avoid undue water and air pollution; and, to implement the goals and policies set forth in the Bellevue Comprehensive Plan, this title, and the Bellevue subdivision ordinance.

   C.   Minimum Requirements: The provisions of this chapter are the minimum requirements for PUDs. Except for waivers and modifications as specifically provided for in this chapter, whenever the requirements of any other lawfully adopted ordinance, rule, regulation or resolution apply, the most restrictive or highest standards shall govern. In addition, it may be determined appropriate by the commission or the Common Council to apply reasonable requirements greater than the minimum standards due to special physical characteristics of the land or characteristics of the development. Subjects not covered in this chapter shall be governed by other applicable ordinances, rules and regulations. (Ord. 2006-15, 8-10-2006)

As used in this chapter, each of the following words shall have the meaning set forth below. For the interpretation and administration of this chapter, when not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural; the masculine shall include the feminine and neuter; the word "shall" is mandatory, and the word "may" indicates the use of discretion in making a decision.

All of the definitions set forth in this title, as amended, and the Bellevue subdivision ordinance 91-01, as amended, are each hereby adopted by reference as if fully set forth in this section. All definitions set forth herein or adopted herein by reference shall apply whether or not the defined words or terms have the first letter of each word capitalized or in lower case letters.

ACTIVE RECREATIONAL USES: Means improved parks, play fields, swimming pools, equestrian centers, golf courses, recreational bike paths and trails, skate parks, tennis courts, recreation centers and similar recreation facilities in accordance with the City Park Master Plan. Only twenty five percent (25%) of the required active recreational uses may be located within an avalanche area.

ADJACENT: Means parcels of real property which are separated only by intervening public right-of-way, easement or waterway.

ADMINISTRATOR: Means the Planning and Zoning Administrator of the City of Bellevue, Idaho.

BELLEVUE SUBDIVISION ORDINANCE: Means Bellevue ordinance 91-01 and amendments thereto.

CITY: Means the City of Bellevue, Idaho.

COMMISSION: Means the Bellevue Planning and Zoning Commission.

COMPREHENSIVE PLAN: Means the Bellevue Comprehensive Plan and amendments thereto.

CONDITIONAL USE: Means a use or occupancy of land permitted only upon the issuance of conditional use permit, and subject to the limitations and restrictions specified in such permit. A conditional use is also referred to as a special use permit under Idaho Code section 67-6512.

CONTIGUOUS AND ADJOINING: Mean parcels of real property which have a common property line.

COUNCIL: Means the Common Council of Bellevue, Idaho.

DULY NOTICED PUBLIC HEARING: Means a public hearing with notice as required by the applicable laws of the State of Idaho.

NATURAL RESOURCES: Means wetlands, riparian areas, wildlife habitat, wildlife migration corridors, significant existing trees and significant geological features.

NET LAND AREA: Means all lands within a proposed PUD except land: a) with a slope of more than fifteen percent (15%) or laying above such slope line or b) within a floodway or c) within streets or parking areas.

OWNER: Means the individual, firm, association, syndicate, partnership, corporation, or other entity having an interest in the real property proposed for development as a PUD by ownership or option to purchase.

PARKING AREA: Means the entire parking and vehicular circulation area(s) associated with the planned unit development, including parking spaces, access drives and aisles, and loading areas.

PERMITTED USE: Means an authorized use in a particular zone district which does not require a conditional use permit, but which is subject to the restrictions particular to that district.

PLANNED UNIT DEVELOPMENT OR PUD: Means development of land in which the standard land use regulations may be modified or waived in order to promote beneficial development of an entire tract of land in conformance with an approved PUD permit and development plan accentuating useable open space, recreational uses, public amenities, and harmonious development with surrounding properties and the City at large.

RESIDENTIAL DEVELOPMENT DENSITY: Means the total number of residential dwelling units permitted under this title within the net land area of the PUD, but excluding the areas proposed for commercial, light-industrial and other non-residential uses.

USEABLE OPEN SPACE: Means green belts and landscaped common areas devoid of buildings, streets, parking areas, or structures. Useable open space shall not include the area within any floodway, or the riparian setback of the Big Wood River or the area with a slope of greater than fifteen percent (15%). The areas of active recreational uses shall also be included in the calculation of useable open space. (Ord. 2006-15, 8-10-2006)

   A.   PUD Is A Conditional Permit Within All Zoning Districts: A planned unit development shall be a conditional use within all zoning districts within the City.

   B.   A PUD Permit And A Conditional Use Permit Are Required: Any owner wishing to develop a planned unit development shall comply with the requirements of this chapter and also shall apply for and obtain a PUD permit under this chapter and a conditional use permit under chapter 15 of this title. The PUD permit application shall be submitted and reviewed concurrently as the conditional use permit application as required by chapter 15 of this title and any other application as may be required by this chapter, such as a large block plat preliminary plat application. The applicant may also concurrently file other appropriate land use applications affecting the same piece of property the applicant desires subject to the approval of the Administrator. Decisions on concurrent applications shall be voted separately by the commission and the Council.

   C.   PUD Application And Development Plan: An applicant for a PUD permit shall file with the Administrator each of the following:

      1.   PUD Permit Application: The PUD permit application shall be made upon forms furnished by the Administrator, and as part thereof shall include ten (10) copies of the PUD application, PUD development plan, large block subdivision plat, and supporting exhibits. Also, a conditional permit application under chapter 15 of this title shall be simultaneously filed with the Administrator. A PUD application shall not be deemed filed with the City until all required plans, plats information, documents and concurrent applications have been filed with and all required fees paid to the Administrator. The Administrator shall certify the date when a PUD permit application and the conditional use permit application are each deemed complete and filed with Bellevue. The original application shall be kept on file at Bellevue City Hall and a copy of the certified application form shall be given to the applicant. The PUD permit application shall consist of the following:

         a.   PUD Application: The application shall contain the following information and exhibits:

            (1)   Name, address and telephone number of applicant.

            (2)   Legal description of the property.

            (3)   A vicinity map at a scale approved by the Administrator, showing property lines, streets, existing zoning and such other items as the Administrator may reasonably require.

            (4)   A current title report together with a copy of the owner's recorded deed to said property or copy of the document establishing the applicant's interest in the subject property. If the applicant is acting as the agent of the owners, a written and notarized appointment as agent of the owner(s) of record of said real property shall be filed. If the owner is a partnership or limited liability company or closely held corporation the name and address of each person having an interest therein.

            (5)   Proposed schedule for the development of the project and construction of infrastructure.

            (6)   A map showing the lots and parcels of land within three hundred feet (300') of the exterior boundaries of the property in question, together with a list of the names and addresses of the property owner and residents of each parcel within the three hundred feet (300') together with stamped envelopes addressed to each of the names on said list.

            (7)   Payment of the applicable fees established by resolution of the Council.

            (8)   Additional studies and information may be reasonably required prior to or during the review process by the Administrator, Commission or Council of the social, economic, fiscal or environmental effects of the proposed development.

         b.   PUD Development Plan: As part of the application, a PUD Development Plan shall be submitted which shall contain the following:

            (1)   The scale, northpoint and date;

            (2)   The name of the proposed development;

            (3)   The name, address, mailing address and telephone number of each engineer, surveyor, or other person preparing the development plan and/or accompanying information or documents;

            (4)   The scaled location of existing buildings, water bodies and courses, adjacent streets, alleys, and easements, public and private, and exterior boundary lines of the property together with dimensions; and, the location of existing structures on adjacent properties;

            (5)   Location of zoning district lines within the proposed project and within the immediate vicinity;

            (6)   The location of existing and proposed street rights-of-way, including dimensions and proposed street names, lots and lot lines, and easements (public and private);

            (7)   The location, size and proposed use of all land intended to be dedicated for public use or for common use of all future property owners within the proposed development;

            (8)   The preliminary design, location, size and type of sanitary and storm sewers, water mains and facilities, culverts, utilities, street improvements, street lighting, curbs, gutters, sidewalks, private irrigation systems, and all other existing and proposed utilities and other surface or subsurface structures within, immediately adjacent to, or proposed to serve the development. Except for the large block subdivision plat, these plans need not be construction level drawings, but shall be prepared by an Idaho licensed engineer;

            (9)   The boundaries of the floodplain, floodway, wetlands, and avalanche hazard areas within or affecting the development;

            (10)   Proposed lot area of each lot;

            (11)   A surveyed contour map of the existing topography of the property and a contour map of the proposed development with contour lines at a maximum interval of five feet (5') to show the existing and proposed configuration of the land together with the documentation upon which such contour maps were prepared;

            (12)   A survey plat of the property;

            (13)   General building design standards for each phase or housing type within the project. This shall include elevations and floor plans showing the general design elements of building types proposed within the PUD, including, without limitation, approximate square footages, heights and materials. A PUD or portion thereof limited to construction of single family dwellings on lots meeting the minimum lot size, need not submit elevations and floor plans, but general building design standards to prevent construction of homes of substantially similar design. This does not constitute a design review application and any design review application and approval will be subject to the ordinances in effect at the time of such application;

            (14)   A general drainage plan showing the location, size and direction of all water courses and drainage flows, all drainage canals and structures, the proposed method of disposing of runoff water, and the approximate location and size of all drainage easements, whether they are located within or outside of the proposed development;

            (15)   A landscaping plan showing the location and size of existing mature trees, and established shrub masses, and conceptually showing the location, and a list of the size and type of proposed landscaping of the project;

            (16)   Tabulation of the anticipated average percentage of lot coverage by proposed buildings, and percentage of lot coverage by proposed parking areas shown by uses together with the total square footage of the parcel of property. A PUD or portion thereof limited to construction of single family dwellings on lots meeting the minimum lot size, need not submit such information;

            (17)   A map showing existing vegetation, significant wildlife habitat, migration corridors, breeding areas and critical winter range within the property;

            (18)   Studies may be reasonably required prior to or during the review process by the Administrator, Commission or Council of the social, economic, fiscal environmental or other impacts or effects of the proposed development;

            (19)   Additional information as reasonably required at the discretion of the Administrator, Commission or Council prior to or during the review process.

         c.   PUD Large Block Subdivision Plat: As part of the application, a preliminary large block subdivision plat shall be prepared in accordance with the requirements of this chapter and the Bellevue subdivision ordinance of all large blocks proposed within the PUD. In addition, the large block plat shall include for each large block the maximum allowable residential densities and housing types, square footages of structures thereon, non- residential uses, location of required building envelopes, location of all streets, alleys, pathways, easements, open spaces, parks, and other recreational facilities, public spaces and lands. As a condition of final PUD permit approval, the applicant shall prepare a final large block subdivision plat in accordance with the requirements of the Bellevue subdivision ordinance and the PUD permit approval, and cause the same to be recorded in the Office of the Blaine County Recorder.

         d.   Waivers And Modifications: Waiver or modification of any of the requirements of the bulk, setback, lot size or other physical standards of this title or Bellevue subdivision ordinance may be granted as the Council deems appropriate on a case-by-case basis under the standards and criteria of this chapter and chapter 15 of this title subject to such conditions, limitations and/or additional development standards as the Council may prescribe: 1) to mitigate adverse impact thereof, 2) to further the land use policies of the City, 3) to ensure that the benefits derived from the development justify a departure from the traditional zoning and subdivision regulations, 4) to meet the intent of this chapter, 5) protect the public health, safety and welfare, and/or 6) not be detrimental to property owners and residents of the immediate area or the City. As part of the PUD permit application, an applicant shall file a written list of waivers or modifications requested for the proposed PUD. This list may be modified to reflect any changes in the application during the review process. The granting of any requested waiver or modification shall be expressly stated in the written PUD permit to be valid and shall be subject to such conditions as the Council determines are appropriate.

         e.   Phased Development Schedule And Agreement: The development of the PUD may be planned in phases provided that as part of the PUD permit application a development schedule is submitted by the applicant and such schedule approved by the Council as part of a Phased Development Agreement between the applicant and City. The development schedule shall contain a detailed statement of which large blocks are within each phase and the time schedule for the construction of infrastructure improvements, amenities, recreational facilities, open space, useable open space and improvements, and public facilities and dedications in each phase. Each phase shall be planned with regard to infrastructure, public services and facilities to be self-sufficient and not dependent on later phases and so that failure to proceed to the subsequent phases of a PUD will not have any adverse impacts on the PUD, the surrounding area or the community in general.

         f.   Fees: The applicant shall pay to the City the PUD permit application fee set by resolution of the Council to reimburse the City for the reasonable costs to administer and review the application. (Ord. 2006-15, 8-10-2006)

   A.   Application Of Standards And Criteria: The standards and criteria set forth in this chapter shall apply to review of all PUD permit applications. The standards and criteria shall be used to review and evaluate the proposed PUD in comparison to the manner of development and effects of permitted uses and standard development allowed on the property in question. Modification or waiver from certain standard zoning and subdivision requirements may be permitted pursuant to subsection 10-24-3C1d of this chapter. In order for a PUD permit application to be approved, the Council shall make a positive finding that each of the following evaluation standards and criteria have been met. The evaluation standards and criteria are as follows:

      1.   The tract or parcel of land proposed for PUD development shall be at least one acre in size in the General Residential and Transitional zones and at least one-half (½) acre in size in all other zones and be under one ownership or the subject of an application filed jointly by the owners of all the property included therein. All land within the development shall be contiguous except for intervening waterways. Parcels that are not contiguous due to intervening streets are discouraged. However, under appropriate circumstances, commission and the Council may consider lands that include intervening streets on a case by case basis;

      2.   That the proposed PUD will not be detrimental to the present and permitted uses of surrounding areas;

      3.   That the proposed PUD will have a beneficial effect not normally achieved by standard subdivision development;

      4.   The PUD shall be in harmony with the surrounding area;

      5.   Densities and uses may be transferred between zoning districts within a PUD as permitted under this chapter, provided the residential development density of units and the total aggregate gross floor area of uses shall be no greater than that allowed in the zoning district or districts in which the development is located. Notwithstanding the above, the Council may grant additional density bonus above the aggregate overall allowable density pursuant to subsection B of this section or permit certain limited uses not otherwise permitted pursuant to subsection C of this section;

      6.   That the proposed vehicular and non-motorized transportation system:

         a.   Is adequate to carry anticipated traffic consistent with existing and future development of surrounding properties.

         b.   Will not generate vehicular traffic to cause undue congestion of the public street network within or outside the PUD.

         c.   Is designed to provide automotive and pedestrian safety and convenience, and connectivity with existing streets, bike paths and other public pathways.

         d.   Is designed to provide adequate snow removal and storage.

         e.   Is designed so that traffic ingress and egress will have minimum impact on adjacent residential uses except where connecting to existing streets is determined by the Council to be appropriate. This includes design of roadways and access to connect to arterial streets wherever possible, and design of ingress, egress and parking areas to have the least impact on surrounding uses.

         f.   Includes the use of landscape buffers or other physical separations to buffer vehicular movement and parking areas from adjacent uses or significant public view corridors.

         g.   Is designed so that roads are placed so that disturbance of natural features and existing vegetation is minimized.

         h.   Includes bikepaths, trails and sidewalks that create an internal circulation system and connect to surrounding bikepaths, trails and walkways.

         i.   In each case where a PUD is located adjacent to public lands, public easements to those lands shall be provided;

      7.   That the development plan promotes the purposes and goals of the Bellevue Comprehensive Plan, this title, and other applicable ordinances of the City;

      8.   That the development plan preserves the site's significant natural resources;

      9.   Substantial buffer planting strips or other barriers are provided where no natural buffers exist;

      10.   Adequate useable open space shall be provided for the PUD. The following minimum requirements shall apply to usable open space:

         a.   Not less than ten percent (10%) of the total net land area shall be usable open space in a configuration useable and convenient to the residents of the PUD and the public.

         b.   The applicant shall dedicate the useable open space and improvements to the homeowners or to the City or other appropriate public entity as determined appropriate by the Council.

         c.   Provision shall be made for adequate and continuing management and funding of all useable open spaces and all common facilities to ensure proper operation and maintenance;

      11.   Location of buildings, parking areas and common areas shall seek to provide adequate privacy within the PUD and in relationship to adjacent properties and reasonably protect solar access to adjacent properties;

      12.   In addition to the useable open space set forth in subsection A10 of this section, adequate public and private recreational facilities shall be provided. The public active recreational uses shall be in accordance with the City's Comprehensive Plan and its Park Master Plan. Only twenty five percent (25%) of required active recreational uses may be located within an avalanche area. Provision of adequate on-site recreational facilities may not be required if it is found that the project is of insufficient size or density to warrant same and the occupant's needs for recreational facilities will be adequately provided by payment of a recreation fee in lieu of such facilities to the City for development of additional active park facilities;

      13.   There is an adequate project center or building of sufficient size to provide for offices for homeowner administrative functions and meetings, and for weddings, reunions and other special events for the residents of the project. If the Common Council determines that the PUD is of insufficient size to create the demand for such a facility, the Common Council may waive this requirement;

      14.   There shall be special development objectives and special characteristics or physical conditions of the site that justify the granting of the PUD permit;

      15.   That public services, facilities and utilities are adequate to serve the proposed PUD and anticipated development within the appropriate service areas;

      16.   That the PUD will be adequately served by essential public services and facilities, such as police, fire, schools, water and sewer, transportation and recreation without substantial costs to the public;

      17.   All utilities, including telephone and electrical systems, shall be installed underground;

      18.   The proposed development can be completed within one year of the date of approval or in the case of a phased development that each phase contains all the necessary elements and improvements to exist independently from proposed future phases of the PUD and a Phasing Agreement has been entered between the applicant and the Council;

      19.   That the application complies with each of the standards of evaluation and approval for a conditional use permit under chapter 15 of this title;

      20.   That the project complies with all applicable ordinances, rules and regulations of the City of Bellevue, Idaho, including but not limited to this title and the Bellevue subdivision ordinance, except as modified or waived as permitted under this chapter;

      21.   Prior to and as a condition of issuance of a building permit for each single family home constructed within the project, the application shall be reviewed by the City Planning and Zoning Administrator, Building Official and Chairman of the Planning and Zoning Commission, which three (3) member group is herein referred to as the "PUD Design Review Conformance Committee" ("DRCC"). The DRCC shall review all building permit applications and approve or deny same based upon the standard of: do the plans conform to the General Constructions Standards and the PUD permit. All decisions of the DRCC shall be in writing. A decision of the DRCC is subject to appeals in the manner and within the time limits as set forth in subsection 10-24-5N of this chapter;

      22.   The project is designed to reflect traditional neighborhood interaction and values, and to be connected to and integrated with the community.

   B.   Density Bonus: An application that meets all of the requirements of subsection A of this section, may be granted the following maximum increases in residential development density as the Council deems appropriate based upon the specifics of the project:

      1.   Ten percent (10%) if a recreational resource such as tennis courts, ball fields, swimming pool or gymnasium (including land, improvements, regulation of prices, and provision for appropriate long-term funding) are dedicated to the City or made available to the general public under an agreement accepted by the Council;

      2.   Five percent (5%) for incorporation of alternative energy, energy saving design, construction and materials;

      3.   Ten percent (10%) for public transportation facilities or other public buildings provided to the City by the applicant;

      4.   Five percent (5%) for the restoration or improvement of natural resources, particularly streams and wetlands; and/or

      5.   Ten percent (10%) for provision of community housing above that which is then required.

   C.   Additional Uses May Be Allowed: In addition to the permitted uses allowed by this title within the PUD, up to ten percent (10%) of the net land area may be directed to other commercial, industrial, and public uses that are not allowed within the zoning district upon the Council finding each of the following:

      1.   That the uses are appropriate with the permitted and primary uses within the PUD and nearby properties;

      2.   That the uses are intended to serve principally the residents of the PUD;

      3.   That the uses are planned as an integral part of the PUD and appropriately phased during the build out of the PUD;

      4.   That the uses are located and designed as to provide direct access to a collector or arterial street without creating congestion or traffic hazards; and

      5.   That the uses are not detrimental to the nearby properties, the existing non-residential zoning districts with the City or existing economic base of the City. (Ord. 2006-15, 8-10-2006; amd. Ord. 2025-01, 2-10-2025)

   A.   Pre-Application Meeting: Prior to filing an application, the applicant shall confer with the Administrator to allow the applicant and the City staff to informally review the general proposal. The topics of discussion may include, but not be limited to:

      1.   Characteristics of the site and surrounding area; significant natural and man-made features; natural hazards, resources or other special considerations of the site; services to and accessibility of the site; surrounding development and land uses; and existing zoning;

      2.   The nature of the development proposed, including proposed land use, coverages and densities; the placement of proposed buildings and other improvements; the location, type and method of maintenance of common open space or treatment of public use areas; the preservation of natural features; proposed parking areas and internal circulation system, including easements; types of water and sewage treatment systems proposed;

      3.   Community policy considerations including the review process and likely conformity of the proposed development with the policies and regulations of applicable ordinances;

      4.   Applicable regulations, review procedures and submission requirements.

   B.   Administrative Review: The Administrator upon receiving a PUD permit application and fees shall have thirty (30) days to certify same as complete or submit in writing to the applicant all deficiencies that exist with regard to such application not being so certified as complete. The applicant shall have thirty (30) days to cure such deficiencies. If such deficiencies are not cured within such time period, the application shall be deemed denied on the basis of an incomplete application subject to appeal of that administrative decision as provided in this chapter.

   C.   Commission Action: Upon certification of a PUD permit application, the Administrator shall refer the application and information to the appropriate City departments and other governmental agencies for their review and comment. Such departments and agencies shall have thirty (30) days to review and respond with written comments. Thereafter, the Administrator shall have thirty (30) days to review such application and prepare for the first public hearing, including publishing of notice of such public hearing. The Administrator shall place the PUD permit application and concurrent applications on the agenda of the commission for consideration and at least one duly noticed public hearing. The commission shall review the application, all supporting documents and plans, and public comments before making its recommendation to the Council. Within sixty (60) days from date of the first public hearing the commission shall make written findings and recommendations to the Council to approve, conditionally approve, or disapprove the application and appropriate conditions to place upon any approval, unless the commission makes a finding that due to the complexity of the project or changes in the proposed project or the need for additional information or due to weather conditions, adequate review of the project is not possible and additional review time is necessary. The length of such extension shall be determined by the commission based upon relevant factors and evidence before the commission. Thereafter, the PUD permit application together with the record and recommendations of the commission shall be forwarded to the Council for final action.

   D.   City Council Action: Upon receiving the recommendations of the commission, the PUD permit application and the concurrent permit applications shall be placed upon the agenda of a regular Council meeting. The Council shall hold at least one duly noticed public hearing and review the application, the supporting plans and documentation, the entire record before and recommendations of the commission, and comments from the public. The Council may require additional information, including, but not limited to matters not addressed by the commission. Thereafter, the Council may approve, or approve with conditions, or deny the application within sixty (60) days from the date of the Council's first duly noticed public hearing meeting, unless the Council makes a finding that due to the complexity of the project, or changes in the proposed project, or the need for additional information or due to weather conditions adequate review of the project is not possible, additional review time is necessary. The length of the extension shall be determined by the Council based upon relevant factors and evidence before the Council.

      1.   If the Council finds a substantial error in the information presented to the commission or new information is presented which may make a material difference in the recommendation made by the commission, the Council may remand the application to the commission for further review and recommendations.

      2.   Within ten (10) days of its being signed, the Administrator shall transmit a copy of the Council's decision to the appellant and any affected person 1

who has requested a copy in writing.