(A) Preliminary development plan; filing.
(1) An applicant for a planned unit development shall submit a preliminary development plan to the Planning Commission, with a written statement and payment of a fee, for costs incurred by the city in checking and processing the plans. The application shall be signed by the owner(s) of every property within the boundaries of the proposed planned unit development.
(2) The drawings which are part of the preliminary development plan may be in general, schematic form and must contain the following information:
(a) Location and size of the site and nature of the landowner’s interest in the land to be developed;
(b) The density of the land use to be allocated to the several parts of the site to be developed;
(c) The location and size of any common open space and the form of organization proposed to own and maintain the space;
(d) The use and approximate height, bulk and location of buildings and other structures;
(e) Proposals for collection of sanitary wastes, distribution of water and disposal of surface run-off;
(f) Provisions for parking of vehicles and location and width of proposed streets and public ways;
(g) In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned unit development are intended to be filed; and
(h) A topographic map of the subject property or properties, prepared by a registered civil engineer or a licensed land surveyor, covering the entire tract proposed for development and indicating existing conditions. Development for an additional area must include at least 350 feet, unless the city requires a lesser amount, from tract boundaries. The map shall be drawn at a scale no smaller than 100 feet equal one inch, shall indicate topography at two-foot contour intervals and show in accurate detail the topography, all planned and existing buildings and all planned and existing land features and trees. The Planning Commission may make an exception to this requirement if the subject property is in a well-developed area with existing public utilities and improved streets and storm sewers installed.
(3) The written statement which is a part of the application shall include:
(a) A description of the character of the planned unit development and the manner in which it has been planned to comply with the planned unit development regulations;
(b) A statement of proposed financing;
(c) Economic feasibility analysis of any business uses if the property is not zoned for similar business uses at the time of submittal of the preliminary development plans;
(d) A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures and open spaces; and
(e) Total estimated population to occupy the planned unit development, with breakdowns as to the number of school-age children, adults and families.
(B) Preliminary development plan/approval.
(1) Within 45 days after receipt of the application by the Planning Commission, a public hearing upon the application shall be held by the Planning Commission. The Commission may continue the hearing from time to time and refer the matter back to the planning staff of the city for a further report; provided, however, the public hearing or hearings shall be concluded within 45 days of the date of the first public hearing, unless the landowner shall consent in writing to an extension of time within which the hearings shall be concluded.
(2) Within 15 days after the conclusion of public hearings, the Planning Commission shall forward the plan to the Council with a written report recommending to the Council that the plan be disapproved, approved or approved with modifications, and giving the reasons for these recommendations.
(3) The Council shall within 30 days of receipt thereof reject, tentatively accept or modify the Planning Commission report. Failure to act shall be deemed a rejection.
(4) In the event tentative approval is granted subject to conditions, the landowner shall, within 45 days after receiving a copy of the conditions of the Council, notify the Council in writing of the acceptance or refusal to accept all conditions. Refusal by landowners shall constitute denial of the plans by the Council. Failure of the landowner to notify the Council of his or her acceptance or denial of the conditions to the plan constitutes acceptance of the conditions.
(5) The acceptance, rejection or modification shall be based on findings as set forth below and shall state in full in what respects the plan would or would not be in the public interest, including, but not limited to, findings of facts and conclusions based on the following:
(a) The plan is consistent with the stated objectives of planned unit developments and the city’s Comprehensive Plan;
(b) The relationship, beneficial or adverse, of the proposed planned unit development to the area in which it is proposed to be developed;
(c) That authorized distribution of buildings, streets and open space will permit better site planning and thus benefit both the residents of the development and community as a whole; and
(d) That such distribution or location will not unduly increase the bulk of buildings, density of population or intensity of use to the detriment of areas outside the development by restricting access to light and air or by creating traffic congestion.
(C) Final development plan; approval.
(1) Within six months following the approval of the preliminary development plan, the applicant shall file with the Planning Commission a final development plan containing in its final form the information required in the preliminary plan. In its discretion, and for good cause, the Planning Commission may extend for six months the period for filing of the final development plan. A public hearing on an application for a final approval of the plan or part thereof, shall not be required, providing the plan, or the part thereof submitted for final approval, is in substantial compliance with the plan given tentative approval.
(2) (a) In the event the plan as submitted for final approval is not in substantial compliance with the preliminary plan, the Planning Commission shall, within 45 days of the date the application for final approval is filed, so notify the landowner, setting forth the particular ways in which the plan is not in substantial compliance.
(b) The landowner may:
1. Treat the notification as denial of the final approval;
2. Re-file his or her plan so that it does substantially comply with the preliminary plan; and
3. File a written request with the Planning Commission that it hold a public hearing on its application for final approval.
(c) Any such hearing shall be held within 30 days after request for such hearings is made. Within 45 days of either the hearing or re-filing, the Planning Commission shall recommend and the Council shall, by resolution, either grant final approval of the plan or deny final approval of the plan.
(3) Should approval of a planned unit development necessitate a change in this chapter, the change shall be facilitated by amendment of the ordinance following notice and public hearing(s) as required by the city ordinance. The Zoning Administrator shall then change the zoning classification on the Official Zoning Map if a zoning change was made. The planned unit development area shall be designated on the Official Zoning Map as an overlying PUD District whether or not a zoning change was made. The final plan and all supporting documents shall be filed with the preliminary plan and together they will form the terms and conditions establishing and governing the PUD District.
(4) Building permits shall not be issued for any of the structures, nor shall land alterations be made until the following conditions are met, waived or altered upon recommendation of the Planning Commission and approval of the City Council:
(a) Public open space has been dedicated and officially recorded;
(b) A cash payment in lieu of land donation has been made to coincide with construction of each building according to the negotiated agreement;
(c) The design and construction specifications for all utilities, street improvements and mass grading have been approved by the City Engineer;
(d) Any private by-laws, covenants and deed restrictions have been approved by the City Attorney;
(e) The construction plans for proposed structures have been approved by the Building Inspector;
(f) The final plat (if necessary) has been approved by the city and recorded with appropriate governmental agencies as required by law; and/or
(g) The detailed site development plans have been approved by all appropriate city staff members and the Council and the signatures appear on the plans.
(D) Non-compliance; inspection.
(1) In the event that a plan, or a section thereof, is given final approval and thereafter the landowner shall abandon the plan or the section thereof that has been finally approved, the landowner shall, within 30 days, so notify the Council in writing. In the event the landowner shall fail to commence the planned development within 12 months after final approval has been granted, the final approval shall terminate and be deemed null and void unless the time period is extended by the Council upon written application of the landowner.
(2) The Zoning Administrator shall review each planned development at least once each year until completed and shall make a report (through the Planning Commission) to the Council on the status of the development in each PUD District. If development is not progressing according to schedule, the owner shall be required to submit a written statement to the Zoning Administrator setting forth the reasons for the lack of progress.
(3) Within 30 days of the notice, the Council shall either revoke the approval of the PUD provisions, and the land shall thereafter be governed by the regulations applicable in the district in which it is located, or it shall take such steps as it shall deem necessary to compel compliance with the plans as approved, or it shall require the owner to seek an amendment of his or her plan as provided below.
(4) After final approval, no planned unit development plan shall be amended, except by the Council after a public hearing before the Planning Commission; provided, however, that, the approved development schedule of the plan may be extended for no more than one year by the Council without any hearing or Planning Commission action.
(Prior Code, § 11.11)