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 zoning official (or designee) 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 lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within one year from the date of issuance of the approval. At a minimum, the application shall contain 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;
8. Environmental assessment, traffic study, grading plan or other study necessary for the proposed site to substantiate the preliminary development plan approval, including, but not limited to: habitat and wildlife mitigation; fiscal mitigation agreements; design guidelines; approvals from jurisdictional entities and service providers; hydrology studies and water rights; and final site plans; and
9. 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. Recommendation By Commission: Within sixty (60) days after receipt of the final development plan, the commission shall recommend to the council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The commission shall then transmit all papers constituting the record and the recommendations to the council.
The commission shall find that the facts submitted with the application and presented to them establish that:
1. The proposed development can be initiated within two (2) years of the date of approval.
2. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; 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.
3. 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.
4. Any proposed commercial development can be justified at the intensity and locations proposed.
5. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the planned unit development and the adopted policy of the council.
6. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
7. The PUD is in general conformance with the comprehensive plan.
8. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
9. The reasons for approval or denial; and the actions, if any, that the applicant could take to obtain a permit if the application is denied. If the application is either approved or approved with conditions, the council shall direct the zoning official (or designee) to issue zoning permits only in accordance with the approved PUD plan, and preliminary plat and the supplementary conditions attached thereto.
C. Action By The Council: Within sixty (60) days after receipt of the final recommendations of the commission, 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 reasons for approval or denial; and
3. The actions, if any, that the application could take to obtain a permit.
If the application is either approved or approved with conditions, the council shall direct the zoning official (or designee) to issue zoning permits only in accordance with the approved final development plan and the supplementary conditions attached thereto.
D. Expiration And Extension For Approval Period: The approval of a final development plan for a planned unit development shall be for a period not to exceed two (2) years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within two (2) years after approval is granted, the approved planned unit development plan shall be void. All phases of the planned unit development shall be completed within five (5) years of the date of approval, or as otherwise specified in the development agreement; approval of any uninitiated phases will lapse after that time unless a time extension is granted by the council. (Ord. 430, 12-16-2008)