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The procedure for obtaining a change in a zoning district or undertaking development within a PUD shall be as follows:

(1) The owner and developer of the land shall apply in writing to the Plan Commission and shall submit ten (10) copies of the PUD development plan as described in subsection (2).

a. The Plan Commission shall discuss the proposed application and shall review the PUD development plan with the owner and developer. The Plan Commission shall prepare recommendations on the PUD development plan and, if applicable, the proposed change in the zoning district.

b. The Plan Commission shall send a copy of its recommendations to the owner and developer indicating its approval in concept or its disapproval. If the PUD development plan is approved in concept, the Plan Commission shall specify any changes or conditions for approval consideration.

c. After issuance of the Plan Commission's recommendations, the Plan Commission shall give public notice and hold a public hearing on the proposed change of zoning district and the PUD development plan, as provided by law in the case of an amendment to this zoning chapter.

d. After the public hearing, the recommendation of the Plan Commission shall be made to the Town Council, which shall consider such development plan and the request for change of zoning district. In the event the Town Council approves of the zoning district change and the development plan, such action shall have the effect only of granting permission for development of the specific approved development plan.

(2) PUD development plan. The owner and developer shall submit a PUD development plan to the Plan Commission for review, together with the application for a change of zone district classification, if applicable. The PUD development plan shall be prepared and shall include the following information:

a. A survey of the property, showing existing features of the property, including contours, building structures, trees over twelve (12) inches in trunk diameter, streets, utility easements, rights-of-way and land use.

b. Site plan showing the location and character of existing and proposed principal structures and accessory structures, the nature, bulk and intensity of uses in the development, special and general easements for public or private use, open space, building setback lines, building separation and building coverage.

c. Floor plans, sections and heights for buildings to be constructed in the current phase.

d. Landscape plan with the existing landscaping and topography and the proposed landscaping showing location, kind and caliper measurement size of trees, shrubbery and screening materials, as required by article XII.

e. Construction sequence including the approximate timing of completion for buildings, parking spaces and landscaped areas.

f. Metes and bounds or legal description of the boundaries of the PUD.

g. Site grading shown at two-foot intervals.

h. Exterior elevations and renderings depicting the architectural style with a list of exterior materials in order to better define the intent of the proposed PUD. The architectural design should reflect a unified design which is in character and proper relationship with the surrounding area.

i. Signage proposed to be located in the PUD, subject to approval and obtaining of a sign permit under the requirements of article XIV, shall be shown and conformance or nonconformance with said requirements shall be so noted.

j. Lighting plan with specifics about easements, locations, size, height, type, intensity, and luminance of proposed street and outdoor lighting in accordance with article XIII.

k. Identification of all proposed tax-exempt land by use, location, and square footage.

l. A list of the covenants, conditions, and restrictions, if any, which will run with the land and affect the use of the property within the PUD. The approved covenants shall be recorded with the recorder of the county only after Town Council approval of the development plan.

(3) The PUD development plan approval shall be effective for twelve (12) months. The Plan Commission may grant one or more six-month extensions to the development plan approval upon a written request from the developer or owner.

(4) Prior to granting approval for any change in zoning district and PUD development plan, the Plan Commission may recommend, and the Town Council may stipulate, such conditions and restrictions upon the establishment, location, design, layout, construction, architectural design of buildings, maintenance, beautification, aesthetics, operation and other elements of the PUD, as deemed necessary for the protection of the public interest, including, but not limited to, bonding requirements, improvement of the development, and protection of the adjacent area in order to secure compliance with the standards in this article. In all cases in which PUD development plans are granted, the Town Council shall require such evidence and guarantees, including, but not limited to, bonding requirements, as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with for the improvement of the development, protection of the adjacent area and to secure compliance with the standards specified.

(5) After the Town Council has approved the change of zoning district and the PUD development plan; the applicant shall submit the necessary information for subdivision approval as required by the Town subdivision control ordinance.

(6) Findings required. The Plan Commission, after determining whether all of the PUD requirements have been satisfied, shall recommend approval, approval with modifications, or disapproval of the PUD development plan. The Plan Commission shall enter its findings for such action in its records. The Plan Commission may recommend the establishment of a PUD zoning district only upon a determination with findings as follows:

a. The uses proposed will not be detrimental to the property values of surrounding properties, will not impair the use or enjoyment of surrounding properties, but will have a beneficial effect which could not be achieved under any other non-PUD zoning district;

b. Any amendment to the requirements of this zoning district is warranted by the design and amenities incorporated in the development plan which shall be substantial as compared to requirements for a development that is not within a PUD zoning district;

c. Land surrounding the proposed development either may be planned in coordination with the proposed development or will be compatible to the proposed use;

d. The proposed change to a PUD zoning district is in conformance with the general intent of the comprehensive plan;

e. Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed district;

f. Existing and proposed streets are suitable and adequate to carry anticipated traffic in the vicinity of the proposed district;

g. Existing and proposed utility services are adequate for the proposed development;

h. Natural features such as streams, wetlands, woodlands, topographic features, geological features and scenic vistas are preserved and protected;

i. The amount, location and species of the perimeter landscaping shall be sufficient to buffer adjoining properties from uses within the PUD;

j. The proposed PUD will not impose an undue burden on public services such as fire and police protection, schools, parks, and libraries;

k. The PUD shall be of a visually pleasing design with varied building types and quality building materials;

l. Each phase of the proposed development, as it is proposed to be completed, contains the required parking spaces, landscape, and utility areas necessary for creating and sustaining a desirable and stable environment; and

m. The proposed PUD zoning district and all proposed buildings, parking spaces, landscape, and utility areas will be completely developed within five (5) years of the establishment of the zoning district.

(Ord. No. 1483, § 1, 1-15-09)