(A) Pre-application process. Prior to preparing or submitting a complete application for a PUD Overlay approval, an applicant should meet with the Community Development Director or other administering official to present the concept of the proposed development and to discuss the procedures and standards for development plan approval. The intent of this conference is to facilitate the filing and consideration of an innovative development plan and complete application and to outline for the applicant the review process and general PUD standards. No representation made by the Community Development Director or Administrative Official during such conference or at any other time shall be binding upon the city with respect to the application subsequently submitted.
(B) PUD application and general development plan submittal. An applicant for a PUD Overlay shall file an application on a form or forms provided by the city. The application shall include all of the information required for a general development plan identified in Chapter 150.14 plus the following additional information:
(1) A project narrative explaining the basis for the request for PUD designation.
(2) A summary table comparing the proposed residential dwelling unit density of the development to the underlying or proposed underlying zoning density regulations.
(3) A summary table analyzing the amount of common open space proposed with a designation that allows individual areas to be identified on the site plan and designates which land, if any, is intended to be publicly dedicated. Land that is to remain in private ownership controlled by a property association or trust should be identified and the proposed covenants outlined.
(4) Identification of what rights of way is to be dedicated and if private streets or alleys are proposed.
(5) A summary table outlining what other variances from subdivision and zoning regulations are being requested (i.e.: building height, lot width, setbacks, sidewalk or road construction standards, etc.)
(6) Evidence of legal control of the property to be designated for the PUD.
(7) The proposed schedule of site development, construction of structures and associated facilities. If the PUD is a large tract of land that will be developed in multiple sections, the proposed schedule should reflect the anticipated timing for submittal of final development plans for each section.
(8) Proposed general lighting plan for streets, parking areas and outside activity and/or storage areas.
(9) Preliminary landscape plan, with particular emphasis on perimeter buffer landscaping, park and open space landscaping, and parking area landscaping.
(10) Preliminary storm water detention plan as part of a finish grading plan.
(11) PUD application fee as established by City Council.
(C) Staff review and notification procedures. The PUD application and general development plan will be reviewed in accordance with the review procedures for general and final development plans outlined in Chapter 150.14.
(D) Planning Commission review of a PUD general development plan. The Planning Commission shall review a PUD application and general development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendations of staff, consultants, and testimony at the public meeting when reviewing the application. In order to approve a PUD application and general development plan, the Planning Commission shall apply the following general standards:
(1) The application is consistent with the standards for general development plans outlined in Chapter 150.14.
(2) The proposed development is served adequately and efficiently by essential public facilities and services including road systems, water, sewer, gas, and electric services.
(3) Internal streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic and there is adequate and appropriate ingress and egress to public thoroughfares adjacent to the development.
(4) Internal circulation allows efficient pedestrian access within the development.
(5) The phasing plan of the development is appropriate and the development can be substantially completed within the period of time specified in the schedule submitted by the applicant.
(6) Proposed modifications of the standard regulations of the subdivision or zoning code are warranted by the innovative design of the development plan and are not simply for the convenience or economic benefit of the applicant.
(7) Proposed modification of any subdivision or zoning regulation has been compensated for by an increase in other site amenities that exceed the minimum requirements established for standard developments.
(8) Adequate provision has been made for the ownership and on-going maintenance of designated public open spaces and buffer zones, as well as any private drives, pedestrian walkways, or storm water management facilities.
(9) The proposed open space and improvements to be publicly dedicated are appropriate for public acceptance and are of such construction and configuration that they do not create an undue burden to access or maintain.
(11) The proposed development provides a desirable landscaping plan for interior parking areas, common areas, and perimeter buffer zones.
(12) The storm water management plan is desirable and sufficient to meet city regulations related to both storm water quantity and quality.
(E) Action by Planning Commission. The Planning Commission shall act on an application for PUD and general development plan approval in accordance with the provisions for amendments to the zoning code specified in Chapter 150.22. The Commission shall present a written findings of fact outlining the basis of their recommendation.
(F) Public hearing and notice by Council. Upon receipt of the recommendation from Planning Commission, Council shall set a time within 60 days for a public hearing on the proposed amendment. Notice of the public hearing shall be provided according to the requirements for zoning amendments.
(G) Action by Council. At the conclusion of the public hearing, Council shall consider the evidence provided at the hearing along with the comments and recommendations of staff and the written findings of fact of the Planning Commission and shall act on the application in accordance with the requirements of Chapter 150.22 for zoning amendments.
(H) Effect of Council PUD application and general plan approval.
(1) The approval of a PUD application and general development plan represents approval of a change in the zoning map of the City of Montgomery. Thirty days following the approval by Council of a PUD application and general development plan approval, the city shall cause the zoning map to be amended to represent the PUD approval and provide a designation and number on the zoning map for the PUD. The general development plan is adopted as part of the zoning amendment and becomes part of the ordinance adopting the PUD.
(2) The approved development plan may not be transferred by the applicant to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit, without the written approval of the City Council which shall be done by resolution. A request for such a transfer or change of ownership shall be presented to the Planning Commission for recommendation to Council and granted by Council only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original PUD application. The ordinance approving such PUD and general development plan shall acknowledge this procedure for assignment of the PUD rights.
(I) Expiration of PUD and general development plan approval. An approved PUD application and general development plan shall remain valid for a period of 12 months following the effective date of its approval. This period may be extended for up to six months by the Planning Commission, after demonstration of just cause by the applicant. If at the end of that time, a final development plan has not been submitted, then the PUD application and general development plan shall expire and shall be of no effect unless resubmitted and approved in accordance with the previous provisions of this chapter. The ordinance approving such PUD and general development plan shall acknowledge this termination procedure.
(Ord. 4-2005, passed 3-23-05)