§ 157.077  ADMINISTRATION OF PUD.
   (A)   Procedural steps include:
      (1)   Outline development plan;
      (2)   Supplemental designation PUD; and
      (3)   Subdivision plat.
   (B)   The following may apply for PUD:
      (1)   Any person, corporation, partnership, association or combination thereof owning or possessing a property right or interest in or to a tract of not less than five acres in size may make application for the approval of an outline development plan as provided in divisions (2) and (3);
      (2)   Any person, corporation, partnership, association or combination thereof owning or possessing a property right or interest in or to a tract of not less than one acre in size may make application for the supplemental district designation PUD. Such application shall be accompanied by an outline development plan processed in the manner set forth in subsections (2), (3) and (4); and
      (3)   In areas of existing development, any person, corporation, partnership, association or combination thereof may propose the redevelopment or reuse of land through the processing of a PUD application. Due to the previous division of land areas in already developed areas, the Planning Commission shall determine if a proposed site is suitable for development as a PUD. The Planning Commission and City Council may place the supplemental designation PUD upon locations through the established zoning amendment process.
   (C)   An application for a Planned Unit Development shall be filed with the Planning Commission. The application shall be accompanied by the payment of a fee equal to that for rezoning applications which shall include advertising and sign costs. The application shall be in such form and content as the Planning Commission may by resolution establish, provided that three copies of an outline development plan shall accompany the filing of the application. The outline development plan shall consist of maps or text which contain:
      (1)   Existing topographic character of the land and any topographic changes which are proposed;
      (2)   Proposed land uses, including public uses and open space and the approximate location of buildings and other structures;
      (3)   The character and approximate density of development. Density shall be expressed in numbers of dwelling units and quantitative areas of each identifiable segment of the development;
      (4)   The approximate location of thoroughfares;
      (5)   Sufficient surrounding area to demonstrate the relationship of the development to adjoining uses, both existing and proposed;
      (6)   An explanation of the character of the planned development; and
      (7)   The expected schedule of development.
   (D)   The Planning Commission, upon the filing of an application for the supplemental district designation PUD or the filing of an application for the approval of an outline development plan, shall set the matter for public hearing and give 15 days notice thereof by publication in a newspaper of general circulation. Where deemed necessary by the Planning Commission, additional notice shall be given by the posting of a sign or signs on the property. Within 60 days after the filing of an application, the Planning Commission shall conduct the public hearing and shall determine:
      (1)   Whether the proposal is consistent with the comprehensive plan;
      (2)   Whether the proposal harmonizes with the existing and expected development of surrounding areas;
      (3)   Whether the proposal is a unified treatment of the development possibilities of the project site;
      (4)   Whether the proposal would benefit orderly and proper development of the city; and
      (5)   Whether the sidewalks and streets provide a traffic flow compatible with the development and surrounding street pattern.
      (6)   Where a supplemental district designation PUD is required for the processing of a Planned Unit Development, the Planning Commission shall forward its recommendation, the application and the outline development plan to the City Council for further hearing as provided in divisions (4), (5) and (6). Where Planned Unit Development may be processed without the supplemental designation PUD (five acres or larger), the Planning Commission shall approve, approve with modification or disapprove the outline development plan. Approval by the Planning Commission shall be authorization for the processing of a subdivision plat incorporating the provisions of the outline development plan. The Planning Commission, upon approval of the outline development plan, may direct that a notation indicating the boundaries of the PUD be made on the zoning map.
   (E)   Upon receipt of the application, outline development plan and Planning Commission recommendation, the City Council shall hold a hearing, review the outline development plan, approve, disapprove, modify or return the outline development plan to the Planning Commission for further consideration. Upon approval, the zoning map shall be amended to reflect the supplemental designation PUD, and the applicant shall be authorized to process a subdivision plat incorporating the provisions of the outline development plan.
   (F)   A Planned Unit Development subdivision plat shall be filed with the Planning Commission and shall be processed in accordance with the subdivision regulations shall include:
      (1)   Details as to the location of uses and street arrangement;
      (2)   Provisions for the ownership and maintenance of any common open space as will reasonably insure its continuity and conservation. Open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the City Council; and
      (3)   Such covenants as will reasonably insure the continued compliance with the approved outline development plan. In order that the public interest may be protected, the city shall be made beneficiary of the covenants pertaining to such matters as location of uses, height of structures, setbacks, screening and access. Such covenants shall provide that the city may enforce compliance therewith.
   (G)   After the filing of an approved PUD subdivision plat, and notice thereof to the Building Inspector, no building permits shall be issued on lands within the PUD except in accordance with the approved plat. A building permit in a residential PUD for a free standing or separate commercial structure shall not be issued until significant progress has been made on other aspects of the proposed development as follows:
      (1)   Completion of one-third of the noncommercial features in a project of less than five acres;
      (2)   Completion of one-half of the noncommercial features in a project of more than five acres; and
      (3)   The Commission has received a satisfactory progress report.
   (H)   Minor changes in the platted PUD may be authorized by the Planning Commission upon a review of a proposed amended subdivision plat, incorporating such changes, so long as substantial compliance is maintained with the outline development plan and the purposes and standards of the PUD provisions hereof. Changes which would represent a significant departure from the outline development plan shall require formal abandonment and the subsequent filing of a new application for a Planned Unit Development.
   (I)   Where a Planned Unit Development has been processed pursuant to the supplemental designation of PUD, its abandonment shall require the City Council’s approval, after recommendation by the Planning Commission, of an application for amendment to the zoning map repealing the supplemental designation of PUD. Where a Planned Unit Development has been processed by reason of being more than ten acres, its abandonment shall require the approval of the Planning Commission and vacation of the plat.
   (J)   Any person aggrieved may appeal the final action of the Planning Commission on a proposed outline development plan or on a proposed subdivision plat to the district court by filing with the Secretary of the Planning Commission within ten days after the action appealed from a notice of appeal stating the grounds thereof. There shall be no right of appeal from any act of the Planning Commission taken in its advisory capacity to the City Council.
(`93 Code, § 12-258)  (Ord. 1040, passed 4-12-83)