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The Planning Commission has the authority to approve the final I-PUD plan only if the final I-PUD plan is in conformance with the preliminary I-PUD plan approved by Council. Additional factors to be considered by the Commission shall include:
(a) That the proposed detailed final I-PUD plan for the individual section of the overall I-PUD District is in conformance with the approved preliminary I-PUD plan and the Comprehensive Plan map and text of the Municipality.
(b) That each individual stage of the planned unit development can exist as an independent planned unit development which is capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective can be obtained.
(c) That any part of the planned unit development not used for structures, parking and loading areas or streets, shall be grassed, landscaped or otherwise improved, or if approved by the Commission, left in its natural state.
(d) That any exception from the standard requirements of this Zoning Ordinance is warranted by the design and amenities incorporated in the detailed final I-PUD plan, in accordance with the adopted policy of the Commission and Council.
(e) That the internal private drives proposed are suitable and adequate to accommodate the anticipated traffic within and through the development.
(f) That the detailed final I-PUD plan is consistent with the intent and purpose of this Zoning Ordinance to promote public health, safety and general welfare of the residents of the Municipality
(Ord. 2003-01. Passed 1-2-03.)
The Planning Commission may not approve the final I-PUD plan if it is determined that the final plan includes major changes from the preliminary I-PUD plan. Major changes shall include, but are not limited to:
(a) An increase in overall density.
(b) Changes in the outside boundaries of the planned unit development landholding.
(c) Changes in the location or amount of land designated for specific land uses, including open space.
(d) Changes in the internal private street locations or alignments.
(Ord. 2003-01. Passed 1-2-03.)
Within forty-five days of the formal submittal of the final I-PUD plan, the Planning Commission shall, by motion, make a decision regarding the final I-PUD plan. In making this decision, the Commission shall, by motion, determine that either:
(a) The final I-PUD plan is in basic conformance with the Preliminary I-PUD plan and meets the requirements of Section 1156.22 and is approved
(b) The final I-PUD plan includes major changes from the preliminary I-PUD plan or otherwise fails to meet the requirements of Section 1156.23 and is disapproved. In its written response to the owner/developer, the Commission shall identify the major changes or other problems in question. The owner/developer may revise the final I-PUD plan to bring it into conformance with the approved preliminary I-PUD plan and formally resubmit it for reconsideration by the Commission.
(Ord. 2003-01. Passed 1-2-03.)
If the Planning Commission disapproves the final I-PUD plan, the owner/developer may submit a written appeal of the Commission's decision to Council. Approval of the final I-PUD plat by Council shall require a majority vote thereof. However, Council may not approve a final I-PUD plan which includes a major change as defined in Section 1156.23.
(Ord. 2003-01. Passed 1-2-03.)
All planned unit developments are subject to the Subdivision Regulations of the City. All subdivisions within approved I-PUD Districts shall be reviewed and approved by the Planning Commission to determine that the subdivision meets all requirements and is in conformance with the approved final I-PUD plan.
A subdivider’s agreement shall be fully executed before the final I-PUD plan is approved by Council. As a part of the subdivider's agreement, the subdivider shall submit a subdivision bond or an irrevocable special letter of credit (See Appendix E of the Subdivision Regulations) whichever shall be required by the City Manager and the City Engineer based on the total estimated costs, as determined by the City Engineer, of the required public improvements.
The City by and through Council, reserves the right to reject any subdivision bond or irrevocable special letter of credit which it determines to be unacceptable.
(Ord. 2003-01. Passed 1-2-03.)