A. Application For Approval: Upon approval in principle of a preliminary development plan, an application for approval of the final development plan shall be filed with the administrator by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed. Each application shall be signed by the owner or applicant, attesting to the truth and exactness of all information supplied on the application for final development plan. At a minimum, the applicant shall provide the following information:
1. A survey of the proposed development site showing the dimensions and bearings of the property lines, area in acres, topography and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses;
2. All the information required on the preliminary development plan, the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use considered suitable for adjacent properties;
3. A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposed an exception from the standard zoning districts or other ordinances governing development;
4. Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements and nature and extent of earthwork required for site preparation and development;
5. Site plan showing buildings, various functional use areas, circulation and their relationship;
6. Preliminary building plans, including floor plans and exterior elevations;
7. Landscaping plans; and
8. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained.
B. Action By The Council: The council shall either approve, approve with supplementary conditions or disapprove the application as presented. Upon granting or denying the application, the council shall specify:
1. The ordinance and standards used in evaluating the application;
2. The facts submitted with the application and presented to them establish that:
a. The proposed development can be initiated within one year of the date of approval;
b. Each individual phase of the development, as well as the total development, can exist as an independent phase capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained and the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
e. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the council;
f. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed;
3. The actions, if any, that the applicant could take to obtain a permit.
If the application is either approved or approved with conditions, the council shall direct the administrator to issue zoning permits only in accordance with the approved final development plan and the supplementary conditions attached thereto. (Ord. 566, 5-15-2007)
C. Expiration And Extension Of Approval Period: The approval of a final development plan for a PUD shall be for a period not to exceed one year to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within one year after approval is granted, the approved final development plan shall be void, unless an extension of time is approved as provided herein.
1. A maximum twelve (12) month extension of the time limit of an approved final development plan may be granted by the city council, at its sole discretion, if the following findings are made:
a. No outstanding city code violations exist on the subject property. If such violations exist, they may be conditioned by the city council to be cured as a condition of the extension of time;
b. The final development plan, as previously approved, remains in the best interests of the health, safety, and general welfare of the city;
c. There have been no significant changes to this code between the date of final development plan approval and the application date of the time extension request that would require substantial modifications to the project;
d. There are no hazardous situations which have developed or have been discovered on the project site;
e. The public facilities and services required for the project remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates how the completion of the final development plan will commence within the year; and
g. The applicant has provided a schedule that depicts the anticipated progress for completion of the final development plan within the year.
2. The city council reserves the right to revoke the extension of time approval if it finds that any of the criteria herein are not met.
3. This section does not limit the number of extensions the city council may grant to an applicant so long as the criteria set forth in subsection C1 of this section are met. Nothing in this section requires the city council to grant any extension of an approval period. (Ord. 647, 11-23-2010)