A. Procedure Outlined:
1. The developer of a PUD shall follow a five (5) step application and review procedure:
a. Optional preapplication review.
b. Submission of PUD application and development plan.
c. Preliminary plat, where required by the subdivision regulations.
d. Final plat, where required by the subdivision regulations.
e. Application for building permit and site plan review.
2. Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may apply. The planning commission and city council may, however, review more than one step at the same public hearing.
3. Public hearings shall be held on the PUD application and development plan in accordance with regular procedures for zoning applications. Public hearings on required plats shall be held in accordance with regular procedures established in the subdivision regulations, as applicable.
B. Preapplication Conference:
1. Before submitting an application for rezoning to the PUD district, it is recommended that the applicant confer with the zoning administrator in order to become familiar with the PUD review process. The zoning administrator will inform the applicant of potential problems that might arise and the information required for filing the application.
2. At the preapplication conference, the applicant should provide the following:
a. Boundaries of the property involved.
b. Existing roadways, easements, and waterways.
c. A general plan of development at a level of detail sufficient to indicate the nature and scope of the project, including:
(1) Its magnitude in terms of approximate number, and types of dwelling units.
(2) The location and extent of nonresidential elements.
(3) Proposed locations of major open space areas.
(4) Location of major circulation facilities.
d. Proposed treatment of the perimeter of the PUD bordering other zoning districts.
C. Application: The applicant must prepare a formal application for a PUD. The application shall also serve as a rezoning application. A preliminary plat and proposed development plan prepared in accordance with this section should accompany the PUD application. Applications shall also be accompanied by a nonrefundable fee, an ownership list compiled from the records of the LeFlore County clerk's office not more than six (6) months old, and proof of ownership.
D. Development Plan Required: No building permits shall be issued on land within any PUD district, except in accordance with an approved development plan.
E. Development Plan:
1. The developer shall submit a site plan of the proposed development in support of the application for a PUD. This application shall be considered the same as a rezoning request and the same procedures shall be followed concerning application, planning commission review, and public hearings. Upon approval, the site development plan shall become a part of the official zoning map. The plan may provide for staged development of the project and shall so indicate on the plan.
2. The development plan shall be a precise, graphic, and written representation of the applicant's intended development, including:
a. A survey of the property.
b. Location and description of all buildings and uses within the setback lines.
c. Vehicular and pedestrian circulation.
d. Parking, loading, and paving plan.
e. Storm water drainage plan.
f. Landscaping plan and proposed maintenance provisions.
g. Gross area, lot area, and open space calculated to the nearest tenth of an acre.
h. Delineation of any proposed construction phasing of the PUD.
i. Proposed signage.
j. Rights of way, easements, and utility locations.
k. Indication of existing natural features of the property, including water features, floodplains, unique natural features, and vegetation.
l. Topography, if deemed necessary by the zoning administrator during the preapplication conference.
m. Building elevations, if deemed necessary by the zoning administrator during the preapplication conference.
n. Other information deemed necessary by the zoning administrator during the preapplication conference.
F. Hearing And Recommendation By Planning Commission: After notice and public hearing, the planning commission shall vote to recommend to the city council that the PUD application be approved as submitted, or as amended, or be approved subject to modification, or recommend to the city council that the application be denied.
G. Hearing And Action By City Council: If the city council approves the PUD zone and associated development plan, it shall be in the form of an ordinance that shall specify all conditions and schedules necessary to ensure that the proposed PUD is accomplished.
H. Protests Against Amendment: If a protest against an amendment, change, or repeal of PUD proposal or any part thereof is filed three (3) days before the time of the scheduled public hearing by the owners of twenty percent (20%) or more of the areas of the lots included in such proposal, by fifty percent (50%) or more of the area of lots immediately abutting the territory, or by the owners of fifty percent (50%) or more of the lots within a three hundred foot (300') radius of the exterior boundary of the territory included in a proposed change, or separated therefrom only by an alley or street less than three hundred feet (300') wide, such amendment shall not become effective except by the favorable vote of four-fifths (4/5) of all of the members of the city council. (Ord. 612, 8-5-2002)