The approval and classification of a proposed PUD shall be accomplished in accordance with the following procedures:
(A) Prior to the preparation of a formal application, the applicant shall meet with the Zoning Administrator to discuss the proposed development. The purpose of this meeting is to afford the applicant the opportunity to be advised of the procedures and requirements involved in submitting an application and the policies that may affect the application.
(B) The applicant shall complete a PUD application and shall prepare a preliminary development plan and other supporting materials to generally describe:
(1) General layout of proposed land uses;
(2) Location of proposed buildings, structures and other improvements;
(3) Location of proposed streets, sidewalks, access ways, parking areas, and screening;
(4) Location of common open space and the use of common open space being provided, where applicable;
(5) Location of all existing property lines, easements, buildings, streets, sidewalks and other improvements;
(6) Location of any significant physical features existing on the site including floodplains, waterways and topography and the pattern of surface water drainage;
(7) A legal description of the entire area proposed for development;
(8) The total number of dwelling units proposed and a description of the types of residential units, if applicable;
(9) The proposed gross leaseable floor area of commercial and/or industrial buildings, if applicable;
(10) The proposed lot coverage of buildings and structures as a percentage of the total development area;
(11) The present and proposed ownership arrangement of all land within the site;
(12) Preliminary engineering plans or information on existing and proposed sanitary sewers, storm drainage, water supply and other utilities necessary to adequately service the development;
(13) Proposed agreements, provisions or covenants which will govern the use, maintenance, and continued protection of the development and any of its common open space;
(14) A timetable for development that indicates the approximate date when construction would begin, the stages in which the project would be built and the approximate dates when construction of each stage would begin and end;
(15) Additional information that may be requested by the Zoning Administrator.
(C) The applicant shall file the completed application, the preliminary development plan and other exhibits with the Zoning Administrator and shall pay a filing fee according to the fee schedule in § 150.189 of this chapter. Once filed with the Zoning Administrator the PUD shall be scheduled for a public hearing before the Commission.
(D) The PUD shall be filed and the public hearing conducted in accordance with the standard hearing requirements for zoning district amendments. The applicant shall have notice of the public hearing published in a newspaper of general circulation in the City at least 15 days but not more than 30 days prior to the public hearing. Notices of the public hearing shall be mailed to all property owners within 250 feet of the outer boundaries of the property in question. Said mailing shall be completed at least 15 days but not more than 30 days prior to the public hearing.
(E) The Commission shall hold a public hearing and shall review the application and preliminary development plan to determine possible adverse effects of the proposed PUD and to determine what additional requirements may be necessary to reduce such adverse effects.
(F) General Review Criteria. The Commission's review of the PUD preliminary and final development plans and exhibits shall be based on the following criteria:
(1) The PUD is in general conformance with the Comprehensive Plan;
(2) The use or uses within the PUD are compatible with surrounding land uses;
(3) The intensity of development imposes no unreasonably adverse effects on surrounding property;
(4) Adequate public facilities exist or will exist to serve the requested use at the time such facilities are needed;
(5) Ingress and egress to the PUD is provided in a manner that facilitates access by emergency vehicles and efficient and safe traffic circulation in the vicinity;
(6) The plan has minimized, to the degree possible, adverse effects on the natural environment;
(7) The request conforms to all applicable provisions of this chapter unless specifically excluded by this section.
(G) Following the public hearing and review, the Commission shall recommend approval, modification or disapproval of the PUD and preliminary development plan within 30 days. In doing so the Commission shall develop findings of fact, in accordance with § 150.123 of this chapter on which to base its recommendation.
(H) The City Council, within a period of 60 days after receipt of the Commission's recommendation, shall approve, approve with modifications or disapprove the PUD and the preliminary development plan. In the case of approval or approval with modifications, the City Council shall pass an ordinance granting the PUD classification.
(I) Approval of the preliminary development plan by the City Council shall not constitute final approval of a PUD. Rather, it shall be deemed an expression of approval of the basic provisions and concepts of the plan and act as a guide for the preparation of the final development plan. The final development plan shall conform to the approved preliminary development plan. Approval of the preliminary development plan shall not be construed as an implied waiver of any matter. A waiver of any requirement shall be in written form and must accompany the final development plan.
(J) The approval of the preliminary development plan by the City Council shall be valid for one year from the date of approval. If a final development plan is not filed within one year from the date of approval of the preliminary development plan by the City Council, the approval of the preliminary development plan shall lapse, and the PUD classification shall be void and no longer in effect.
(K) After receiving approval of the PUD designation and the preliminary development plan the applicant shall prepare a final development plan and other supporting materials to specifically include:
(1) A subdivision plat in the same form and meeting all the requirements of a semi-final subdivision plat under the Subdivision regulations, if the subdivision of land is necessary;
(2) A legal description of each separate unsubdivided use area, including common open space;
(3) Specific types of uses and location of such uses to be created within the PUD;
(4) Designation of the exact location of all buildings to be constructed and the internal uses of these buildings;
(5) Final tabulation of number of dwelling units per acre, residential unit types and lot coverage;
(6) Complete landscaping plan for the development;
(7) Detailed maintenance plan for open space and responsibilities for all public and private improvements;
(8) Any other plans or specifications that may be necessary for final engineering approval of drainage, street design, utilities, and other facilities by the City Engineer;
(9) Certificates, seals, and signatures required for the dedication of lands, and recording of the documents;
(10) The other materials required for the preliminary development plan submission in there final form;
(11) Declaration of covenants, easements and restrictions affecting any of the uses within the PUD;
(12) Additional information that may be requested by the Zoning Administrator.
(L) Once the final development plan has been completed and filed with the Zoning Administrator, the final development plan shall be scheduled for review by the Commission.
(M) Following the review of the final development plan, the Commission shall recommend approval, modification or disapproval of the final development plan for the PUD within 30 days.
(N) The City Council, after receipt of the Commission's recommendation, shall approve, approve with modifications or disapprove the final development plan within a period of 60 days.
(O) The final approval of the PUD shall be effective only upon the passage of an ordinance by the City Council and the filing of the final development plan with the Recorder of Deeds. The recording of the final development plan shall inform all who deal with the PUD of the terms, conditions and provisions of the plan, which shall run with the land. A PUD shall be developed only according to an approved and recorded final development plan.
(P) The final development approval may be granted in phases as approved by the City Council. Each final development approval of a phase shall be recorded in the same manner as the final approval of an entire PUD.
(Q) City Council approval of a final development plan for a PUD that involves the subdivision of land shall also constitute semi-final plat approval under the Subdivision regulations.
(R) No construction shall commence until the provisions of this section are met, along with all other applicable City codes and ordinances.
(Ord. 8612, passed 12-2-08)