(A) General procedure for application, review and action. The general procedure for application, review and action on a PUD shall be according to the following outline, with more detailed requirements found in the remainder of this subdivision.
(1) The applicant shall file the completed application form together with required exhibits, for the preliminary plan, with the Zoning Administrator, and shall pay a filing fee as established by the Council.
(2) The Zoning Administrator shall review the application and within ten business days after receiving the application shall notify the applicant in writing if the application is not complete, and what additional information is required.
(3) When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing and shall have notices of the hearing published in the legal newspaper, and shall notify all property owners within 350 feet of the outer boundaries of the property in question; not less than ten days and not more than 30 days prior to the hearing. However, failure of any property owner to receive notification shall not invalidate the proceedings at least once. The Council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the Planning Commission or City Council. Notice of hearings shall be posted at the City Hall and in one other place at least ten days prior to the public hearing, in addition to publishing the notice in the official newspaper. This notice shall describe the particular amendment, date, time and place of hearing. The current City Assessor’s current tax records shall be deemed sufficient for the location or certification of ownership of the adjacent properties.
(4) The city shall take action to approve or deny the application within 60 days of receiving a completed application. If the city cannot take action to approve or deny the application within 60 days of receiving the completed application, the city may make a one-time extension of the time for taking action before the end of the initial 60-day period by providing written notice of the extension, the reasons for the extension, and its anticipated length, which may not exceed 60 days unless approved by the applicant in writing. A valid reason for this extension may be that the city needs more time to consider the application. A motion to approve the application which fails to pass because of sufficient votes, shall not be deemed to be a denial of an application. The passage of a motion to deny the application is required in order for an application to be denied. Additional extensions beyond the first extension will require the approval by the applicant in writing.
(5) The Planning Commission shall hold the public hearing, and may table the application for further investigation if necessary, or the Commission shall recommend to the Council one of three actions: approval, conditional approval or denial.
(6) The Council shall act upon the application within 30 days after receiving the recommendation of the Planning Commission.
(7) If the City Council approves the preliminary plan, the Zoning Administrator changes the zoning classification on the Official Zoning Map if a zoning change was made, and further designates the district or portion of a district as a PUD.
(8) The applicant shall submit final plans and all of the required attachments to the city within 90 days of preliminary plan approval.
(9) The Zoning Administrator shall review the application, and within ten business days after receiving the application, shall notify the applicant in writing if the application is not complete and what additional information is required.
(10) When the Zoning Administrator determines the application to be complete, the City Administrator/Clerk-Treasurer shall transmit copies of the final plan to the Planning Commission and appropriate city staff.
(11) The Planning Commission shall review the final plans and may table the application for further investigation if necessary, or the Commission shall recommend to the Council one of three actions, approval, conditional approval or denial, at least five days before the next Council meeting.
(12) The Council shall act upon the application after receiving the recommendation of the Planning Commission.
(B) Similar to amendment procedure. Application procedures for a PUD generally follow the procedure for amendment, set forth in § 155.007, with more specific application requirements in the following divisions.
(C) Application by property owner. Application for a PUD shall be made by the owner of the property, except that an option holder may apply for a PUD, provided the application is accompanied by a signed statement indicating no objections from the owner or owners of all properties involved in the application.
(D) Preliminary PUD plan. Application for a preliminary PUD plan shall be filed with the City Administrator/Clerk-Treasurer, and shall be accompanied by six copies of the following plans and information.
(1) Location maps, showing location within city and more specific location on a halt section plat map, showing all surrounding property lines and ownership within 200 feet of the proposed PUD as the same appears on the records of the County Auditor.
(2) All information required in chapter 154, Subdivision Regulations, for a preliminary plat.
(3) General development plan to include regulations set forth in § 155.169(G), and in addition, indicating the following.
(a) All types of uses proposed.
(b) Density of each type of use.
(c) Height and bulk of all buildings.
(4) A summary sheet indicating the following.
(a) Area of land for each use within separate intensity of use.
(b) Number of units proposed, including number of bedrooms in each area above.
(c) Number of acres of common open space.
(d) Modifications of any provisions of this chapter or any other ordinance, codes or regulations of the city.
(5) A phasing plan indicating geographical staging and approximate timing of the plan or portions thereof.
(6) A written statement by the applicant indicating how his or her proposed development conforms to the stated objectives and purpose of this subchapter, and why his or her proposal would be in the public interest.
(7) The fee for filing a PUD, which includes the fees for subdivision; newspaper publications of the public hearing; mailing of notices to owners within 300 feet; and staff reports shall be $100 plus $10 for each residential unit, the amounts to be as set by the City Council.
(E) Planning Commission study and review of preliminary plan.
(1) The Planning Commission shall make its recommendations to the City Council for project approval, approval with conditions, or denial. Recommendations shall be made within 30 days of the initial hearing unless the applicant files a written request to the Planning Commission for delay. If the Planning Commission does not make its recommendations within the specified time period and a delay has not been requested by the applicant, the City Council may take action on request by the applicant.
(2) The Planning Commission shall forward to the City Council its recommendation based on and including, but not limited to the following.
(a) Compatibility with the stated purposes and intent of the Planned Unit Development.
(b) Relationship of the proposed plan to the neighborhood in which it is proposed to be located, to the city land use plan, and to other provisions of this chapter.
(c) Internal organization and adequacy of various uses or densities; circulation and parking facilities; public facilities, recreation areas and open spaces.
(F) Application and review procedures subject to change. The Planning Commission and City Council may from time to time amend or vary the application and review procedures and the amount and type of documents to be presented.
(G) Approval as a PUD. If the zoning change or the preliminary plan is approved by the City Council as a PUD, the plan is attached to and is a part of the ordinance establishing the zoning change. The Zoning Administrator shall then change the zoning classification on the official Zoning Map if a zoning change was made, and further designate the district or portion of a district as a PUD, whether or not a zoning change was made.
(H) Final plan review.
(1) A final plan shall be submitted with an application for final plan approval within 90 days after City Council approval of the preliminary plan. Unless a written request for an extension is received within 90 days, the preliminary plan will be considered abandoned and a new application for a preliminary plan must be submitted following the preliminary plan procedure. The maximum extension period shall not exceed one year.
(2) The City Council shall review the final plan at the first regularly scheduled meeting which occurs at least 14 days after filing of the application for final plan approval.
(3) The final plan shall be in substantial compliance with the approved preliminary plan.
SUBSTANTIAL COMPLIANCE shall be defined as follows.
(a) The number of residential living units has not been increased.
(b) The floor area of nonresidential uses has not been increased.
(c) Open space has not been decreased or altered to change its original intended design or use.
(d) All special conditions prescribed in the preliminary plan by the applicant or any of the reviewing bodies have been incorporated in the final plan.
(4) The application for final plan (or for any stages of the final plan) approval shall be accompanied by a legal description of the project property, together with copies of the following plans and data.
(a) A plan with locations of all structures including placement, size and type with topography showing two-foot contour intervals.
(b) Preliminary architectural delineations, including but not limited to building plans, elevations and sections, together with preliminary specifications. These plans and specifications are applicable to all structures other than single-family dwellings.
(c) Elevations or sections through the site which will best indicate the relationship of the buildings with the various terrain features and site elements.
(d) Grading and drainage plan at two-foot contour intervals.
(e) Utility plan for all public utilities.
(f) Landscape plan prepared by a professional landscape architect.
(g) Proposed zoning changes with the legal descriptions of all district boundary changes.
(h) Deed restrictions, covenants, agreements, by-laws of proposed Homeowner’s Association and other documents controlling the use of property, type of construction or development or the activities of future residents.
(i) The procedures for approving and recording of plats shall be followed if the final plan involves platting or division of land or the platting of public streets.
(j) Any other information which is necessary to fully represent the intention of the Preliminary Plan.
(Ord. 221, passed 11-6-1995) Penalty, see § 10.99