(a) The PUD approval process, as a combined zoning amendment and subdivision approval, consists of the following steps:
(l) Submission of completed application, materials and fees to the office of the City Manager.
(2) Approval of the PUD Concept Plan by the Planning Commission;
A. The approval of the Concept Plan constitutes the Preliminary Plat Approval.
(3) Approval of the PUD Site Development Plan by the Planning Commission;
A. The approval of the Site Development Plan constitutes a recommendation to the Council of approval of the proposed Zoning Amendment.
(4) Approval of the Site Development Plan by Council;
A. Approval of the Site Development Plan is also the Final Plat Approval;
B. Approval also creates the PUD District.
(5) Issuance of the zoning certificates by the City Manager in accordance with the approved Site Development Plan.
(b) Applications for PUD approval may be obtained from the office of the City Manager and when completed three copies of the application and the PUD Concept Plan shall be returned to that office. The application shall consist of the application form, the required fees, material required for an application for a zoning amendment (found in Section 1131.01), the material required for Preliminary Plat approval (found in Chapter 1105), 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-year period; and
(5) Any other materials or information requested by the Planning Commission.
(c) The Planning Commission, in order to approve the Concept Plan, must determine 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 of the residents of the City but could not be accomplished using the conventional zoning standards; and
(3) Approval of the PUD Concept Plan shall also be considered as the Preliminary Plat Approval.
(d) The approval of the PUD Concept Plan and the Preliminary Plat shall remain in effect for a period of two 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 landholding 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, the owner/developer shall submit three 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 (as found in Chapter 1105) 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; and
(2) Preliminary building plans, including floor plans and exterior elevations.
(f) The Planning Commission shall adhere to the procedures found in Sections 1131.01(d), (e), and (f) in preparing the recommendation concerning the PUD Site Development Plan. The process begins with the application and Concept Plan and is completed with the recommendation to Council concerning the Site Development Plan.
(g) Prior to approval of the Site Development Plan, the Planning Commission must determine that:
(1) The proposed PUD Site Development Plan is in compliance with the approved PUD Concept Plan;
(2) That 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.
(h) The Planning Commission shall submit its recommendation to Council within three days after its approval of the PUD Site Development Plan. Council shall approve, approve with modifications, or deny the Site Development Plan within sixty days of receipt.
(1) Council approval of the Site Development Plan shall be considered as the Final Plat Approval.
(2) Council approval of the Site Development Plan shall also be considered as approval of the PUD Zoning Amendment.
(j) Prior to granting approval of 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 as designated as on the Official Thoroughfare Plan of the City.
(4) That the minimum common open space area has been designated and shall be duly transferred to a legally established homeowners' association or at the request of Council has been dedicated to, and accepted by the City.
(5) That the PUD Site Development Plan is consistent with the intent and purpose of the Zoning Ordinance, to promote public health, safety and general welfare of the residents of the City.
(k) 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.
(l) 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 will ensure the accomplishment of the public improvements and reservation of common open space as shown on the approved PUD Site Development Plan.
(m) Zoning certificates shall be issued by the City Manager and shall be required for each individual structure. Zoning certificates shall be issued only in compliance with the approved PUD Site Development Plan.
(n) If no construction has begun within two years after approval of the Site Development Plan, it becomes null and void.
(Ord. 1985-40. Passed 8-6-85.)