A. Pre-Application Consultation. Prior to the filing of an application for a PUD, the applicant shall confer with the zoning administrator, as well as other City staff the zoning administrator deems appropriate to confer with, regarding the proposed development. At the pre-application meeting the applicant shall provide information as to the location of the proposed PUD, the proposed uses, proposed public and private improvements, and any other information necessary to clearly explain the PUD. The purpose of such pre-application presentation and conference is to make advice and assistance available to the applicant before preparation of the optional concept plan or required preliminary plan, so that the applicant may determine:

1. Whether the proposed PUD appears in general to be in compliance with the provisions of this title and other applicable regulations.

2. Whether the proposed PUD will be in conformity with the goals and policies of the City for development. The pre-application conference does not require formal application, fee or filing of a PUD application.
Any opinions or advice provided by the zoning administrator or other City staff shall be in no way binding with respect to any official action the Planning and Zoning Commission or City Council may take on the subsequent formal application.

B. Concept Plan.

1. Before submitting a formal application for a PUD, the applicant shall, at the discretion of the zoning administrator, present a concept plan before the City Council for the purpose of obtaining information and guidance prior to entering into binding commitments or incurring substantial expense. If a presentation to the City Council is not required, as determined by the zoning administrator, the applicant shall still be required to submit a concept plan to the zoning administrator for review. At minimum, the concept plan shall consist of the following:

a. A map or maps in general form containing the proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed within the PUD, the location of all adjacent public streets, thoroughfares and public utilities, and schematic drawings showing the size, character and disposition of buildings on the site.

b. A written statement containing a general explanation of the PUD, including a statement of the present ownership of all the land within said development and the expected schedule of construction.
 

2. The City Council shall review the concept plan at a meeting and provide such information and guidance as it deems appropriate. Members of the Planning and Zoning Commission shall be invited to the concept plan review meeting in order to offer input on the proposed PUD.

3. Any opinions or advice provided by the City Council shall be in no way binding with respect to any official action the Planning and Zoning Commission or City Council may take on the subsequent formal application. The review of the concept plan shall not be a public hearing and any failure to observe formal procedures shall not affect the ultimate validity of any enabling legislation.

C. Preliminary Plan. All applications for a PUD shall contain a preliminary plan that shall be filed with the zoning administrator, who shall forward a copy of the same to the Planning and Zoning Commission. When a subdivision of land subject to Chapter 4-2, Article II of this Code is proposed in connection with a PUD, the applicant shall file an application for approval of a preliminary plat of the proposed subdivision simultaneously with the application for PUD preliminary plan approval.

1. Preliminary Plan Submittal. The preliminary plan shall include, depict, and describe the basic scope, character and nature of the entire proposed PUD, and shall include the following elements:

a. A written statement containing the following information:

i. A statistical tabulation of the acreage amounts of all land uses proposed.
ii. The type and number of dwelling units for any proposed residential land uses.
iii. The stages in which the project will be built and the approximate dates when construction of each phase is expected to begin and to end.

b. A site inventory analysis including a scale drawing showing existing vegetation, natural watercourses, creeks or bodies of water and analysis of planned changes in such natural features as a result of the development. This should include a delineation of any flood prone areas.

c. A scale drawing showing any proposed public or private streets and alleys; building sites or lots, and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width of all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with the topographical contour interval of not more than five (5) feet.

d. A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and between buildings and property lines, street lines and alley lines. The site plan shall also show the arrangement and provision of off-street parking.

e. A landscape plan showing screening walls, ornamental planting, wooded areas, and trees to be planted.

f. The general architectural style, the types of building materials, the colors, and the conceptual elevation drawings for all buildings, fences, signs and other structures.

g. A proposed utility plan which shall be drawn on a print of the proposed land use plan (site plan). The proposed utility plan shall show the location and dimensions of all existing and proposed sanitary sewer, storm sewer, and water lines, drainage ditches, culverts, water retention areas, utility easements, and overhead utility lines, on and adjacent to the subject property.

h. A traffic study, if requested by the City, indicating the volume of traffic to be generated by the PUD and proposing any special engineering design features and/or traffic regulation devices needed to ensure efficient and safe traffic circulation to, through, and around the PUD.

i. An economic impact study, if requested by the City, detailing the impact the PUD will have upon the taxing bodies within which the proposed PUD is located. In addition, the expected number of students to be generated by any residential portion of it shall also be quantified.

j. Market study, if requested by the City.

2. Preliminary Plan Procedure. The procedure for preliminary plan approval shall be:

a. Action by the Planning and Zoning Commission.

i. The Planning and Zoning Commission shall review the preliminary plan at a public hearing within sixty (60) days of receipt of a complete application. If, in the Planning and Zoning Commission's judgment, the application does not contain sufficient information to enable the Planning and Zoning Commission to properly discharge its responsibilities, the Planning and Zoning Commission may request additional information from the applicant. In that event, the sixty-day period shall be suspended pending receipt of all requested information.

ii. Within sixty (60) days of the close of the public hearing, the Planning and Zoning Commission shall either:

(a) Recommend approval or denial of the preliminary plan and submit its written recommendation to the City Council.

(b) Advise the applicant in writing of any recommended changes, additions or corrections to the preliminary plan. The applicant may, within thirty (30) days, submit the revised preliminary plan for Planning and Zoning Commission consideration at a continuation of, or at a new, public hearing. The applicant may do so without paying an additional filing fee. The Planning and Zoning Commission shall then recommend approval or denial of the preliminary plan and submit its written recommendation to the City Council.

iii. Such recommendation shall include:

(a) Findings of fact.
(b) Specify the reason or reasons for such recommendation or decision.
(c) A conclusion or statement setting forth the recommendation.
(d) Any recommended limitations or conditions.

b. Action by the City Council. The City Council, after receipt of the recommendations from the Planning and Zoning Commission, shall approve, approve with conditions, table until the next meeting, or deny the preliminary plan within thirty (30) days following the receipt of the recommendations of the Planning and Zoning Commission.

i. If the preliminary plan is denied, the City Council shall state in writing the reasons for the denial and such writing shall be filed with the zoning administrator and a copy shall be sent to the applicant.

ii. If the preliminary plan is approved, the applicant shall submit a final plan for the PUD.

3. Limitations.

a. No PUD that has been denied by the Planning and Zoning Commission or City Council shall be reconsidered for a period of six (6) months from that date of denial.

b. The approval of a preliminary plan shall automatically expire and be rendered void and the zoning administrator shall, without further direction, initiate an appropriate application to revoke PUD ordinance for all portions of the PUD area that have not yet been completed, if:

i. An application for approval of a final plan has not been filed within two (2) years, or such greater length of time as the City Council may approve, after the date the City Council grants preliminary plan approval.

ii. The applicant shall in any other manner fail to comply with any condition of this title or any approval granted pursuant to it.

D. Final Plan. Within two (2) years following the approval of the preliminary plan, the applicant shall file with the zoning administrator a final plan containing in final form the information required for the preliminary plan. When a subdivision of land subject to Chapter 4-2, Article II of this Code is proposed in connection with a PUD, the applicant shall file an application for approval of a final plat of the proposed subdivision simultaneously with the application for PUD final plan approval. Note the PUD final plan is distinct from the PUD construction/engineering plans for the subject property and/or subdivision improvements; however, the PUD applicant may, at their risk, submit the PUD construction/engineering plans concurrently with the PUD final plan, but shall be required to pay for costs incurred by the City's reviewing consultant, if applicable.
 

1. Final Plan Submittal.

a. A final site plan and final plat drawn to an appropriate scale shall include the following information:

i. Final designation of the location, ground area, height, bulk and exact dimensions of all existing and proposed buildings and structures within the planned development.

ii. A detailed tabulation of each separate land use area, including land and building areas, and where applicable, the total number of residential dwelling units, the number of bedrooms in each unit, and the residential density.

iii. The use or uses to be made of such existing and proposed buildings or structures.
iv. The dimensions of all perimeter setbacks and the distances between all buildings and structures.

v. The final location and dimensions of all pedestrian walkways, driveways, streets, parking and loading facilities, including the number of parking spaces serving each building or land use type and all parking related screening and landscaping.

vi. The exact location and dimensions of any areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, places of worship, school sites, public buildings, or for any other public or quasi-public use.
 

b. An accurate legal description of the entire zoning lot upon which the PUD is to be located, and a legal description of each separate subdivided parcel, including any areas to be conveyed, dedicated or reserved for public or quasi-public uses.

c. All covenants, easements, agreements, development agreements and other provisions required to govern the use, maintenance and continued protection of the PUD, along with an agreement assuring that the applicant, any subsequent owner or, where applicable, a homeowners' association shall be responsible for all street, utility and common open space maintenance within said development and refuse disposal.

d. All plats, certificates, seals and signatures required for the dedication or vacation of land and/or the recording of the final site plan.

e. If subdivision of the development site is included in the PUD, a plat of subdivision shall be prepared suitable for recording with the recorder of deeds. Such plat of subdivision shall be prepared in the same form and meet the same specifications required for a normal subdivision as prescribed in the City 's subdivision regulations. In like manner, if a vacation or dedication of a public street or alley is included, a plat of vacation or dedication shall be prepared.

f. A detailed landscape and irrigation plan based on final architectural decisions indicating the specific location and character of all landscaping, including the size and species of all trees, shrubs, hedges and other groundcover, the location, size and type of all screening and fencing and the location, height, design and illumination characteristics of all external lighting fixtures within the development.

g. A detailed utilities and drainage plan based on final architectural decisions indicating the size and location of all water distribution lines, sanitary sewers, stormwater drainage facilities, main power lines, phone lines and other utilities, including all easements, required to serve the planned development. The drainage plan shall include the manner in which surface drainage will be controlled and managed consistent with all applicable City regulations. The utilities and drainage plan will also be submitted to planning and the City engineer for review.

h. A development and construction schedule by phase.

i. Typical building elevations, including color and materials callouts, and schematic design presentations indicating the architectural character of all proposed buildings and structures based on final architectural decisions and prepared in detail.

j. Detailed drawings and design presentations of all signs to be erected within the PUD.

k. A description of the public benefits and amenities to be provided.

2. Final Plan Process.

a. Action by Planning and Zoning Commission.

i. Within sixty (60) days after the filing of an application for approval of a final plan, the Planning and Zoning Commission shall review the final plan in a public hearing and transmit to the City Council its recommendation on the final plan. Such review shall consider:

(a) Whether the final plan is in substantial conformity with the approved preliminary plan.
(b) The merit or lack of merit of any departure of the final plan from substantial conformity with the approved preliminary plan.
(c) Whether the final plan complies with any and all conditions imposed by approval of the preliminary plan.
(d) Whether the final plan complies with the provisions of this zoning ordinance and all other applicable federal, state and City codes, ordinances, regulations, and other laws.

ii. Each recommendation, as described in item iii below, of the Planning and Zoning Commission shall include:

(a) Findings of fact.
(b) The reason or reasons for such recommendation or decision.
(c) Any recommended limitations or conditions.
(d) A conclusion or statement separate from the findings of fact setting forth the recommendation or decision.

iii. The Planning and Zoning Commission shall make one (1) of the following types of recommendations to the City Council in regard to the final plan:

(a) Recommendation of approval based on substantial conformity, if the Planning and Zoning Commission finds:

(1) Substantial conformity between the final plan and the approved preliminary plan.
(2) That the final plan is in all other respects complete and in compliance with any and all conditions imposed by approval of the preliminary plan.
(3) That the final plan complies with the provisions of this zoning ordinance and all other applicable federal, state, and City codes, ordinances, regulations, and other laws.
The Planning and Zoning Commission shall transmit the final plan to the City Council with its recommendation that the City Council approve the final plan, with or without modifications and conditions to be accepted by the applicant as a condition of approval. However, in no event shall such conditions of approval impair the rights granted by the preliminary plan approval.

(b) Recommendation of approval without substantial conformity, if the Planning and Zoning Commission finds that the final plan lacks substantial conformity to the preliminary plan but merits approval notwithstanding such lack of conformity and otherwise conforms to the requirements of this zoning ordinance, it shall transmit the final plan to the City Council with its recommendation that the final plan be approved, with or without modifications and conditions to be accepted by the applicant as a condition of approval.

(c) Recommendation of denial, if the Planning and Zoning Commission finds that the final plan is not in substantial conformity with the approved preliminary plan and does not merit approval, or does not comply with the other conditions, laws, or criteria. The Planning and Zoning Commission shall transmit the final plan to the City Council together with its recommendation that the final plan not be approved.

b. Action by City Council.

i. Within thirty (30) days after the receipt of the recommendation of the Planning and Zoning Commission, the City Council shall:

(a) Approve the final plan by a duly adopted ordinance.
(b) Reject the final plan by a duly adopted ordinance or resolution.
(c) Refer the final plan back to the Planning and Zoning Commission for further consideration of specified matters, with or without a new hearing, as may be required.

ii. The approval of any final plan may be granted with or without modifications and conditions to be accepted by the applicant as a condition of approval. However, in no event shall such conditions of approval impair the rights granted by the preliminary plan approval.

3. Approval. After final plan approval, the final plan, rather than any other provision of this zoning ordinance, shall constitute the parking, loading, sign, bulk and yard regulations applicable to the subject property. Thus, the property within the PUD shall be used and developed only in accordance with the final plan and the PUD District ordinance granted for the subject property.

E. Concurrent Preliminary and Final Plan Submittal. The applicant may submit an application for approval of a final plan simultaneously with the application for approval of a preliminary plan and, in such case, the preliminary plan and the final plan may be comprised of the same document or documents. In such case, the applicant shall comply with all provisions of this zoning ordinance applicable to submission of the preliminary plan and to submission of the final plan. The Planning and Zoning Commission and the City Council shall consider such plans simultaneously and shall grant or deny, or recommend granting or denying, as the case may be, final plan approval in accordance with the provisions of this chapter.

Adjustments to Approved Final Plans. No adjustments may be made in the approved final plan, except upon application to the City, according to the following provisions:

A. During Construction. During the construction of the PUD, the procedure shall be as follows:

1. Minor Adjustments. During the development of a PUD, the zoning administrator may authorize minor adjustments to the final plan when such adjustments appear necessary in light of technical or engineering difficulties first discovered during actual development. Such minor adjustments shall be limited to the following:

a. Altering the location of any one (1) structure or group of structures by not more than twenty (20) feet or one-fourth (¼) of the distance shown on the approved final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the PUD, whichever is less.

b. Altering the location of any circulation element by not more than twenty (20) feet or one-fourth (¼) of the distance shown on the approved final plan between such circulation element and any structure, whichever is less.

c. Altering the location of any open space by not more than fifty (50) feet.
d. Altering any final grade by not more than twenty (20) percent of the originally planned grade.

e. Altering the location or type of landscaping elements.
 

Such minor adjustments shall be consistent with the intent and purpose of this zoning ordinance and the final plan, as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this zoning ordinance.
 

2. Major Adjustments. Any adjustment to the final plan not authorized by subsection A.1 above shall be considered to be a major adjustment and shall be granted only upon application to, and approval by, the City Council. The City Council, by ordinance duly adopted, may grant approval for a major adjustment without a hearing upon finding that any changes in the final plan as approved will be in substantial conformity with the final plan. If the City Council determines that a major adjustment is not in substantial conformity with the final plan as approved, then the City Council shall refer the request to the planning and zoning commission for public hearing and review.
 

B. After Construction. After the completion of construction of the PUD, all changes to the final plan must be made by the City Council as an amendment to the PUD ordinance at a public meeting. No changes may be made in the final plan unless they are required for the continued successful functioning of the PUD, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the City.

Inspections During Development.

A. After approval of the final plan of a PUD or any stage thereof, the zoning administrator shall review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule. Such review and comparison shall be conducted at least annually until completion of the PUD.

B. If the zoning administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the final plan, then the zoning administrator shall notify the City Council of such fact and may, if necessary to protect the public health, safety, or welfare or to prevent further violation of this zoning ordinance and the final plan, issue an order stopping any and all work on the PUD until such time as any noncompliance is cured.

C. Within sixty (60) days after notification by the zoning administrator, the City Council shall either:

1. Take such steps as it deems necessary to compel compliance with the final plan.
2. Require the owner or applicant to seek an adjustment to the final plan during development provided as in Subsection (8) (Adjustments to approved final plans).

D. Failure of the City Council to act within sixty (60) days shall, unless the owner or applicant shall have cured the noncompliance within such period, render void the final plan approval as it relates to all uncompleted portions of the PUD, all prior plan approvals on which such final plan approval depends, and all permits based upon such approvals. The zoning administrator shall, without further direction, initiate an appropriate action to revoke the special permit for all portions of the PUD that have not yet been completed. Additionally, the zoning administrator shall take such other action as may be appropriate to abate the violation.

Revocations and Extensions. If construction work on the proposed PUD has not begun within eighteen (18) months from the date of authorization by the City Council, the authorization shall become null and void and all rights shall lapse. However, the applicant can request an extension, upon his/her written application, filed prior to the termination of the eighteen-month time limit. The City Council may authorize a single extension of not more than twelve (12) months without a public notice.

Conditions and Guarantees.

A. The approval of either a preliminary plan or a final plan may be conditioned on such matters as may be necessary or desirable to prevent or minimize any possible adverse effects of the proposed PUD, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this zoning ordinance, Chapter 4-5 of this Code, and City land use policies. However, no such condition of final plan approval shall impair the rights granted by preliminary plan approval. Such conditions shall be expressly set forth in the ordinance granting the approval in question. Violation of any such condition or limitation shall be a violation of this zoning ordinance and shall constitute grounds for revocation of all approvals granted for the PUD.

B. Whenever any PUD approval granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant shall file an affidavit with the zoning administrator stating that it has complied with such conditions or limitations within thirty (30) days after compliance therewith.