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The following procedures shall be followed in the establishment of any PUD.
(A) Pre-application conference. Prior to filing a formal application for a PUD, the applicant shall meet with the Zoning Administrator and others, as the Zoning Administrator determines, in order to review the general character of the proposed development (i.e., its scope, nature and location). At this time, the applicant shall be advised of the PUD review procedures and the various information, studies and the like, which may be required as part of the review process.
(B) Preliminary PUD application. An application for rezoning to PUD shall be submitted to the Zoning Administrator on a form for that purpose, along with an application fee in accordance with the schedule of fees established by the City Council. In addition, the application shall include the following.
(1) Parallel plan. Residential density shall be determined through the preparation of a conventional development plan illustrating how the site could be developed in accordance with the basic requirements of this chapter. A concept layout shall be prepared to scale showing, as applicable, single-family and two-family lots, townhome and multiple-family buildings, parking, setbacks and street rights-of-way. The number of units that could be accommodated under the base zoning shall serve as maximum number permitted, unless a density bonus is approved in accordance with division (D) below. Live/work units located above main floor businesses shall not be counted toward the maximum number of dwellings.
(2) Preliminary development plan. A preliminary development plan containing the following information shall be submitted:
(a) A general location map;
(b) A legal description of the subject property;
(c) A title block, date, north arrow, scale, name and contact information of applicant and name and contact information of plan preparer;
(d) A current topographical map clearly showing existing topographic conditions, including contour intervals of no more than two feet based on field survey or photogrammetric methods;
(e) A map showing the existing flood plains as indicated by the Federal Emergency Management Agency;
(f) A property boundary survey;
(g) The location of existing natural features including woods, streams, ponds, wetlands and steep 15% or greater) slopes;
(h) Existing land uses within the development site and surrounding areas for a distance of 300 feet, including the approximate location of all buildings, structures, lots and streets (an aerial photo may suffice);
(i) The location and identification of existing and proposed public, semi-public or community facilities such as schools, parks, trails, churches, public buildings and dedicated open space;
(j) Existing zoning on all abutting properties;
(k) The approximate location of existing and proposed utilities, including a preliminary utility and drainage concept plan;
(l) Uses proposed within the PUD;
(m) Number and type of dwelling units proposed, including the number and type of committed affordable units, if any;
(n) Conceptual layout;
(o) The general location of proposed interior streets and access points to abutting streets;
(p) The general location of off-street parking facilities and number of spaces proposed; and
(q) Perspective drawings or photographs of representative building types, indicating the proposed architectural style and appearance.
(3) Summary of intent. A written statement containing the following information shall be submitted with the preliminary development plan:
(a) A statement of how the proposed PUD meets each of the qualifying conditions of § 153.271 of this chapter;
(b) A statement of the present ownership of all land within the proposed development;
(c) An explanation of the character of the proposed development including a summary of acres or square footage by type of use, number and type of dwelling units, gross density calculation for dwelling units and minimum standards for floor area, lot size and setbacks;
(d) A complete description of any requested deviations from the applicable spatial or other requirements applying to the property, in accordance with § 153.272(C) of this chapter;
(e) A general statement of the proposed development schedule and progression of each phase or stage; and
(f) Intended agreements, provisions and covenants to govern the use of the development, building materials or architectural styles and any common or open space areas, including the provisions which will organize, regulate and sustain the property owners association, if applicable.
(C) Preliminary PUD plan.
(1) Planning Commission review. Upon receipt of the PUD application and related materials, the Planning Commission shall conduct a work session with the applicant to review the development concept and determine the need for additional information, if any, prior to conducting a public hearing.
(2) Additional information. If required by the Planning Commission, the applicant shall submit additional information and/or studies to support the request such as, but not limited to: impact assessment; traffic analysis; storm water study; or a market feasibility study.
(3) Public hearing. Upon completion of its initial review and following receipt of any additional materials, the Planning Commission shall conduct a public hearing, notice of which shall be in accordance with the requirements of § 153.006(C) of this chapter.
(4) Recommendation. Following the public hearing, the Planning Commission shall review the PUD request and the preliminary development plan based on conformance with the standards of § 153.275 and shall approve, deny or approve with modifications the request for PUD zoning and the preliminary development plan.
(5) Zoning Map. If the PUD zoning is approved, the Zoning Administrator shall cause the zoning map to be changed to indicate the planned unit development. If the preliminary development plan is approved with modifications, the applicant shall file with the Zoning Administrator written notice of consent to the modifications and a properly revised preliminary development plan prior to the map being changed.
(D) Final development plan. Within 12 months of the Planning Commission's approval of the preliminary development plan and PUD rezoning, the applicant shall submit a final development plan for the entire PUD or one or more phases to the Zoning Administrator, in accordance with the requirements for Level B site plan review, as contained in § 153.235 of this chapter. If determined to be complete by the Zoning Administrator, copies of the plan shall be forwarded to the Planning Commission.
(1) Phased projects. If the PUD is to be developed in phases, the final development plan may be submitted for one or more phases of the overall PUD. A tentative schedule for the completion of each phase and commencement of the next phase shall also be submitted for Planning Commission approval.
(2) Extension of time limit. One extension of the time period for submitting the final development plan may be granted by the Planning Commission for up to an additional 12 months if a request is submitted by the applicant in writing prior to the expiration of the original 12-month approval period. If an application for final development plan approval has not been submitted prior to the expiration of the original 12 months or an approved extension, the preliminary development plan shall be null and void. In addition, the Planning Commission may initiate a rezoning of the property to another zoning district.
(3) Subdivision plat. For any PUD requiring subdivision plat or site condominium approval, the subdivision plat or site condominium shall be submitted simultaneously with the final development plan and reviewed concurrently as part of the PUD.
(4) Review and action. The Planning Commission shall review the final development plan in relation to its conformance with the preliminary development plan and any conditions or modifications attached to the PUD rezoning. If it is determined that the final plan does not substantially conform to the preliminary development plan, the review process shall be conducted as a preliminary development plan review, in accordance with § 153.274. If the final development plan is consistent with the approved preliminary development plan, the Planning Commission shall review the final plan in accordance with the standards for site plan review, § 153.237 and the PUD standards of § 153.275. The Planning Commission shall prepare a record of its findings and shall approve, deny or approve with modifications the final development plan.
(Prior Code, § 5.144) (Ord. 794, passed 9-17-2018; Ord. 823, passed 1-4-2021)