A. Application: The owner or owners of a parcel of land within the zoning jurisdiction of the City may submit to the Zoning Administrator an application accompanied by a PUD Master Plan requesting a rezoning to PUD District. The application form, Master Plan (including number of copies), proposed development rules and regulations, design guidelines, and other submittal details and requirements shall be as determined by the Zoning Administrator as necessary to review the request. The required application fee shall be as determined by resolution of the City Council.
B. Review Process: The PUD Application shall be reviewed by the Zoning Administrator for completeness. Applications deemed incomplete shall be returned to the applicant with a list of the missing or incomplete items. Applications deemed complete shall be distributed by the Zoning Administrator to other City departments and agencies as necessary for review and comment as to its compliance with all zoning regulations and other pertinent City codes, regulations, standards, and policies.
Subsequent to review by the Zoning Administrator and other City departments and agencies, the Zoning Administrator shall submit to all members of the Planning and Zoning Commission a copy of the PUD Application along with a written recommendation as to the request's conformity with the rules and regulations of the City and may include a recommendation for approval, approval with conditions, or denial of the application.
The Planning and Zoning Commission shall subsequently hold a public hearing for a rezoning as prescribed by their rules of procedures and the Zoning Ordinance and review the PUD Application for conformity with the zoning regulations and standards and may confer with the applicant on changes to their request as may be deemed advisable. The Planning and Zoning Commission shall consider the following as part of their deliberation:
1. Compatibility with the Future Land Use Map and the Comprehensive Plan.
2. Land uses, building sizes and densities, and number of dwelling units.
3. Building types, functions, architecture, and building placement and setbacks.
4. Provisions for open space, landscaping, buffers, pedestrian circulation, and stormwater management.
5. Preservation and protection of natural features, drainageways, steep slopes, and existing tree cover.
6. Provisions for adequate public infrastructure including sanitary sewer and water service, stormwater run-off, public parks, and public safety services.
7. Traffic circulation and congestions including access to and from the site.
8. General relationship to and impact on the surrounding area and neighboring properties.
After the close of the public hearing and completion of its deliberation, the Planning and Zoning Commission may adopt a recommendation for approval or denial of the PUD Master Plan and associated development rules, regulations, and guidelines as submitted. The Planning and Zoning Commission may also request the developer agree to certain conditions or agree to make certain modifications, alterations, adjustments, or amendments to the proposed Master Plan and associated rules, regulations, and guidelines in order to secure a recommendation of approval from the Planning and Zoning Commission.
The Planning and Zoning Commission shall forward its recommendation to the City Council within sixty (60) days of the receipt of a PUD Application deemed complete by the Zoning Administrator. If the Planning and Zoning Commission does not act within the sixty (60) days as prescribed above, the PUD Application shall be deemed to have received a recommendation of approval by the Planning and Zoning Commission unless the applicant agrees to an extension of time.
Within sixty (60) days of receiving a recommendation from the Planning and Zoning Commission, the City Council shall hold a public hearing for a rezoning as prescribed by their rules of procedures and the Zoning Ordinance and review the PUD Application for conformity with the zoning regulations and standards. During this hearing, the City Council may confer with the applicant on changes to their request as may be deemed advisable in order to secure the approval by the City Council. The City Council may approve, approve with conditions or modifications as agreed to by the applicant, or deny the application. If the City Council fails to act within the herein prescribed 60-day period, the PUD Application shall be deemed to have been denied, unless both the applicant and the City Council agree to an extension of time.
Whenever any PUD Application has been denied by the City Council, no new application covering the same property, or the same property and additional property, shall be filed with or considered by the City Council until one year has elapsed from the date of the filing of the first application.
C. Recording Of The Master Plan And Associated Regulations And Guidelines: The ordinance providing for the rezoning of the property to the PUD Zoning District and the associated Master Plan, regulations, and guidelines as approved by the City Council shall be recorded at the Office of the Marion County Recorder and shall be binding on the property owners, their heirs, successors, or assigns. No phase of the PUD shall be started, and no building permits shall be issued until all documents have been recorded.
D. Modifications: Any application by the property owner or owners for modification to an approved PUD shall first be reviewed by the Planning and Zoning Commission. Said proposed modification along with a report from the Planning and Zoning Commission shall then be forwarded to the City Council with appropriate recommendations. The City Council shall then take such appropriate action on the proposed modification and their decision shall be final.
No modification may be considered that is more than a ten percent (10%) increase in density or change of uses of the site without a public hearing by the Planning and Zoning Commission and City Council as required for a rezoning. A public hearing may be held by the Planning and Zoning Commission or City Council on any requested modification. All modifications and adjustments shall be recorded at the Office of the Marion County Recorder.
E. Platting And Development: Prior to development within the PUD, applications for preliminary and final plats, site plans, and building permits that are in conformance with the provisions of the PUD shall be submitted for review in accordance with the City's regulations. At the applicant's own risk, Preliminary plats, final plats, and sites plans may be submitted and reviewed concurrently with the PUD Application process. (Ord. 19-08, 7-1-2019)