§ 154.031  PUD REVIEW, APPROVAL AND ESTABLISHMENT PROCESS.
   (A)   Preliminary discussion meeting required.
      (1)   Before submission of an application for Planning Commission review, the applicant of a PUD shall submit draft plans of the proposed development to the Planning Department, which shall set a discussion meeting with other city agencies involved in the site development process.  The purpose of this discussion meeting is to identify areas of concern that might impact the proposed development plan and which should be addressed prior to submitting final plans for Planning Commission review.
      (2)   Discussion meeting plans shall be prepared in sufficient detail to show:
         (a)   The location of existing streets, utilities and developments adjacent to the project site.
         (b)   The proposed site development layout and uses, including the location of streets, utility mains, building lots and other key features within the project area.
   (B)   General plan review process.
      (1)   Submission requirements.  All applications for Planning Commission review shall include the following:
         (a)   A Planning Commission review application form signed by the applicant.  When the
applicant is not the owner of all of the land within the development, the application shall include a letter signed by the existing property owner(s) authorizing the applicant to file the submission.
         (b)   A conditional zoning certificate application and appropriate fee when the proposed development plan contains conditionally permitted uses.
         (c)   Site plans as required per § 154.070 showing major components of the development, including but not limited to: existing site conditions, proposed streets, utility mains, easements, building lots, footprints for proposed condominium, multi-family dwellings and other conditionally permitted uses and structure, existing topography and proposed grading. Such plans shall be prepared to a standard engineering scale and may set forth on multiple plan sheets or maps in order to maintain legibility.
         (d)   An open space use and maintenance plan as described in § 154.030(C).
         (e)   A development phasing plan.
         (f)   A written description, including tables with proposed and allowable density and open space acreage, demonstrating how the PUD complies with the specific provisions in § 154.030.
         (g)   A traffic impact study as per § 154.077.
      (2)   Planning Commission review. 
         (a)   The Planning Commission shall review and act upon a general PUD plan in accordance to the provisions in § 154.070.  PUD general plans which contain one or more conditionally permitted uses shall also be subject to all requirements as specified in §§ 154.542 through 154.546, including a public hearing.
         (b)   In order to approve the general plan, the Commission must find that the proposed plan substantially complies with all specific PUD provisions in § 154.030 and in the case of conditionally permitted uses, that the appropriate conditions in §§ 154.542 through 154.546 have also been met.
      (3)   Effect of Planning Commission approval. 
         (a)   Upon approval of the general plan by the Planning Commission, and the issuance of a conditional zoning certificate, if required, the applicant may submit detailed civil site plans to the Engineering Department for review and approval.  No substantial changes from the approved general plan shall be made without prior approval by the Planning Commission.
         (b)   The Planning Commission's general plan approval shall also constitute preliminary plat approval, when the project site will be subdivided into individual building lots or lots for open space, condominium sites, multi-family sites or other conditionally permitted uses as approved by the Planning Commission.
      (4)   Expiration of approval.  The Planning Commission's general plan approval shall expire 18 months from the date of original approval unless civil engineering plans for the first phase of the development are approved and site development commences within 12 months of engineering plan approval.
   (C)   Final use approval.  Before any development or zoning permits will be issued for any construction within a PUD, the Planning Commission shall issue a final use approval in one of the following ways:
      (1)   Final plat approval.  A PUD or any phase thereof, in which individual building lots, open space lots or lots for condominiums, multi- family dwellings or other conditionally permitted uses will be created, must first obtain final plat approval as per the subdivision process described in § 153.039.  All documents, financial guarantees and other certifications as required by § 153.040, along with the appropriate review fee shall be submitted at the time application is made.
      (2)   Condominium declaration approval.  The Planning Commission's approval of a condominium declaration and associated drawings showing the outline of the taxable condominium units being created; limited common elements associated with the units being created; and common open space, private streets and other improvements to be maintained in common by the association, shall constitute final use approval.  A condominium declaration is also referred to as a condominium declaration plat.
      (3)   Site plan conformance approval.  A final site development plan for each project containing multi-family dwellings or other conditionally permitted uses shall be reviewed and approved by the Planning Commission as being in conformance with the approved general plan.
   (D)   General conditions for all final use approvals.  Before final plat or site plan conformance approval will be given, the Planning Commission must find that the following conditions have been substantially met:
      (1)   No applicable general or specific requirement of the Zoning Code in effect at the time of general plan approval is violated.
      (2)   The final plat or final site plan complies substantially with the general plan as originally approved or amended.
      (3)   Site plans for conditionally permitted uses demonstrate compliance with the requirements of the conditional zoning certificate.
      (4)   The density of all dwelling units and building lots in any area does not exceed that shown on the general plan.
      (5)   All public and private improvements and amenities, including open space improvements, shown on the general plan as being part of the phase or site plan seeking final use approval shall be completed or financial guarantees for completion posted with the city.  The time frame for such financial guarantees cannot exceed a period of two years, after which the improvements shall be installed or completed.
      (6)   The applicant has provided adequate guarantees to insure that the use and further subdivision of common open space shall be restricted and the title thereto transferred to an appropriate association or other legal entity as prescribed in § 154.030(C)(5).  The Planning Commission may require the applicant to obtain a title guarantee or rider to an existing policy, prepared by a reputable title company, showing the legal description of the land which has been set aside for the open space along with the appropriate restrictions limiting the use of such land for recreational and open space use in perpetuity as well as providing for the rights of access, use and maintenance as described in § 154.030(C).
      (7)   The Planning Commission may issue final plat or site plan conformance approval with additional conditions and safeguards as deemed necessary to insure continued conformance with the approved general plan.
   (E)   Additions and amendments to the general plan.  Any area of land contiguous to a planned unit development may be added thereto and shall be subject to all procedural and substantive regulations applicable to planned unit developments. The gross density of the expanded unit development shall not exceed the maximum density originally established.
   (F)   Minor adjustments to final plats and site plans.  Minor amendments and adjustments on final plats and site plans, such as slight adjustments to building locations and footprints; the location of proposed amenities; or minor revisions to approved landscaping plans, may be approved over the signature of the Planning Director.  Major changes that substantially impact the location and dimensions of open space, building lots, streets, pedestrian ways or other improvements must be approved by the Planning Commission as amendments to the general plan.
(‘65 Code, § 1322.02)  (Ord. 16-166, passed 3-7-17)