(a) The PUD approval process, as a combined zoning amendment and subdivision approval, consists of the following steps:
(1) Submission of completed application, materials and fees to the office of the Zoning Administrator.
(2) Approval of the PUD concept plan by the Planning Commission and recommendation to Council which approval constitutes preliminary plat approval.
(3) Approval of the concept plan by Planning Commission creates a recommendation to Council of approval of the proposed Zoning Amendment.
(4) Approval of the site development plan by the Planning Commission is required prior to submittal of the site development plan to Council. Said approval constitutes final plat approval subject to rezoning approval by Council.
(5) Approval of the site development plan by Council constitutes final plat approval and also creates the PUD District.
(6) Issuance of the zoning certificates by the Zoning Administrator in accordance with the approval site development plan.
(b) Applications for PUD approval may be obtained from the office of the Zoning Administrator and, when completed, three (3) copies of the application and the PUD concept plan shall be returned to that office. The application shall consist of the material required for an application for a zoning amendment as specified in Chapter 1231 and, in addition, the following material which shall constitute the PUD concept plan:
(1) Location of different general land use areas proposed to be developed.
(2) Proposed density levels of each residential area, excluding common open spaces.
(3) Proposed treatment of existing topography, drainageways and tree cover.
(4) Time schedule of projected development, if the total landholding is to be developed in stages or if construction is to extend beyond a two (2) year period.
(5) Deed restrictions, covenants, easements and encumbrances.
(6) Any other materials, documents or information as required by the Planning Commission.
(c) The Planning Commission shall adhere to the procedures found in Chapter 1231 in preparing the recommendation transmitted to Council. In addition the Planning Commission shall determine prior to approval that:
(1) The relaxation of the conventional zoning standards is warranted by the design and other amenities incorporated into the proposal and are consistent with intent and purpose of this Chapter to promote the public health, safety and general welfare to the residents of the City, but could not be accomplished using conventional zoning standards; and
(3) Approval of the PUD concept plan shall also be considered as the preliminary plan approval.
(d) The approval of the PUD concept plan and the preliminary plat shall remain in effect for a period of two (2) years from the date of approval. They shall become null and void unless the PUD site development plan for the first section of the planned unit land-holding has been formally approved by the Planning Commission within that two year period.
(e) Once the PUD concept plan has been approved by the Planning Commission and Council, the owner/developer shall submit three (3) copies of the PUD site development plan to the Planning Commission for their approval, approval with modification or denial. The PUD site development plan shall bear the signature of a professional engineer and shall be in accordance with the approved concept plan. The site development plan shall contain the materials required for final plat approval including the detailed construction drawings and:
(1) A survey of the tract to be developed showing existing physical features such as general topography, drainageways, tree cover, street easements and utility lines.
(2) Preliminary building plans, including floor plans and exterior elevations.
(f) Prior to approval of the site development plan, the Planning Commission shall determine that:
(1) The proposed PUD site development plan is in compliance with the approved PUD concept plan.
(2) Any part of the PUD District not used for structures, parking and loading areas or streets, including those areas that are proposed for future development, shall be landscaped or otherwise improved.
(g) The Planning Commission shall submit its recommendation to Council within three (3) days after its approval of the PUD site development plan. Council shall approve, approve with modifications, or deny the site development plan within ninety (90) days of receipt. Council approval of the site development plan shall also be considered as final plat approval.
(i) Prior to granting approval to the site development plan, Council shall be satisfied that the following conditions are met:
(1) That the PUD District is in conformance with the Comprehensive Plan for the City.
(2) That each individual unit of the development, as well as the total development, can exist as an independent unit and that the uses proposed will have a beneficial effect which could not be achieved with conventional zoning.
(3) That the internal streets and major and minor streets that are proposed shall properly interconnect with the surrounding existing major and minor streets in a safe and efficient manner as determined by the Safety-Service Director.
(4) That the minimum common open space area has been designated and shall be duly transferred to a legally established homeowners' association or has been dedicated to and accepted by the City.
(5) That the PUD site development plan is consistent with the intent and purpose of this Zoning Ordinance, to promote the public health, safety and general welfare of the residents of the City.
(j) In taking action, Council may deny the PUD site development plan or may recommend approval of the plan subject to specified conditions. Approval of the PUD site development plan shall constitute the creation of a separate PUD Planned Unit Development Zoning District.
(k) At the time of adopting any ordinance establishing a PUD District and approving the site development plan, Council shall make appropriate arrangements with the owner/developer which shall ensure the accomplishment of the public improvements and reservation of common open space as shown on the approved PUD site development plan.
(l) Zoning certificates shall be issued by the Zoning Administrator and shall be required for each individual structure. Zoning certificates shall be issued only in compliance with the approved PUD site development plan.
(Ord. 1-15. Passed 2-23-15.)