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Within thirty days after the public hearing required by Section 1268.17, the Planning Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this Code whether the proposed development advances the general welfare of the community and neighborhood; and whether the benefits, combination of various land uses, and the interrelationships with the land uses in the surrounding area justify the deviation from standard district regulations. The Commission shall approve the preliminary development plan prior to submitting a recommendation to approve PUD Zoning to Council. The Planning Commission may seek assistance in making its recommendation from any appropriate source.
(Ord. 08-33. Passed 5-4-09.)
(a) Within two business days after the vote or Planning Commission, the Commission's written recommendation shall be forwarded to the Clerk of City Council.
(b) City Council shall schedule at least one public hearing, with notice to the public in accordance with Section 1236.02(g)(1) and (g)(2).
(c) City Council shall complete all public hearings within thirty days after receipt of Planning Commission's written recommendation.
(d) Within sixty days after receipt of Planning Commission's written recommendation, Council shall vote on the application. An affirmative vote of at least six Council members shall be necessary to adopt a zoning district which the Planning Commission has approved. An affirmative vote of at least seven Council members shall be necessary to adopt a zoning district to which is against the recommendation of the Planning Commission.
(Ord. 08-33. Passed 5-4-09.)
After approval by City Council to change zoning to a PUD, the developer shall submit a final development plan to the Planning Commission. The final development plan shall be in general conformance with the preliminary development plan. Five copies of the final development plan shall be submitted and shall be endorsed by a qualified professional team which may include an urban planner, licensed architect, registered land surveyor, registered civil engineer, or registered landscape architect.
(Ord. 08-33. Passed 5-4-09.)
(a) An application for approval of the final development plan shall be filed with the Planning Commission by at least one owner or lessee of property for which the planned unit development. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the approval shall expire or may be revoked if construction on the project has not begun within five years from the date of approval. At a minimum, the application shall contain the following information:
(1) Name, address and phone number of the applicant.
(2) Name, address and phone number of registered surveyor, registered engineer or urban planner assisting in the preparation of the preliminary development plan.
(3) Legal description of the property.
(b) A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses.
(c) All the information required on the preliminary development plan; the location and sizes of one-family lots and setbacks, location of roadways, utilities, individual utility connections, storm water drainage and retention facilities, location and proposed density of non-one-family dwelling units, and the location and maximum square footage of non-residential buildings.
(d) A schedule for the development of units to be constructed 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 non-residential population; anticipated timing for each unit; the standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development.
(e) 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 earth work required for site preparation and development.
(f) Site plan(s), showing building(s), various functional use areas, circulation, and their relationship.
(g) Building plans, including floor plans and exterior elevations.
(h) Landscaping plans.
(i) Deed restrictions, protective covenants, or 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.
(Ord. 08-33. Passed 5-4-09.)
Within thirty days after submission of the final development plan, the Planning Commission shall hold a public hearing with notice in accordance with Section 1236.02(g).
(Ord. 08-33. Passed 5-4-09.)
Before making its decision as required in Section 1268.23, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
(a) The proposed development can be initiated within five years of the date of approval.
(b) 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.
(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 planned unit development.
(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 this chapter and the policy of the Planning Commission and the City Council.
(f) The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(g) The existing and proposed utility services are adequate for the population densities and non-residential uses proposed.
(h) The construction drawings are approved by the City Engineer as to the construction and installation of any roadways and utilities to be dedicated for public use.
(Ord. 08-33. Passed 5-4-09.)
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