10.196 Final PUD Plan – Application Procedures.
(1) Application for a Final PUD Plan. Application for a Final PUD Plan shall be on forms supplied by the Planning Department. The Final PUD Plan shall contain all information and materials listed on the application unless certain items are or have been waived by the Planning Director as therein provided. However, there shall be no burden to demonstrate compliance with the criteria in Subsection 10.190(4). As appropriate, the Final PUD Plan shall incorporate all conditions imposed on the Preliminary PUD Plan approval. The application for a Final PUD Plan shall include a written narrative explaining how the Final PUD Plan complies with the Final PUD Plan approval criteria in Subsection (4) below, and the conditions of approval.
(2) Phased PUD. The Final PUD Plan may be submitted for the entire project or for each phase consistent with the approved Preliminary PUD Plan. If a Preliminary PUD Plan was not approved as a phased project, nothing in this Section shall prevent the Planning Director from approving a Final PUD Plan in phases provided that they approve a phasing plan pursuant to Sections 10.190(7) and 10.192(3)(d) as part of the Final PUD Plan approval, and provided further that the phasing plan ensures that essential services such as roads, fire access, storm drain, and sewer are available to serve each successive phase. After Final PUD Plan approval for the first phase, Final PUD Plans for all subsequent phases must be filed with the Planning Director.
(3) Final Plat for Land Division. Application for the approval of a Final PUD Plan may occur before or concurrent with the approval of a final plat for a land division. However, no building permits shall be issued by the City and no buildings intended for human occupancy shall be constructed and no lot shall be sold until the Final PUD Plan has been approved by the Planning Director.
(4) Approval Criteria for Final PUD Plan. A Final PUD Plan shall be approved by the Planning Director if the Director concludes that it complies with each of the following criteria:
(a) Provisions for the establishment and maintenance of elements to be held in common ownership, if any, have or will comply with the standards in Section 10.192(3).
(b) The Final PUD Plan is substantially consistent with the Preliminary PUD Plan and with any and all conditions imposed by the Planning Commission which were attached to the approval of the Preliminary PUD Plan.
(5) The Planning Director in their discretion may forward a Final PUD Plan to the Planning Commission for written clarification regarding whether the Final PUD Plan is substantially consistent with the Preliminary PUD Plan. When forwarded by the Planning Director, the Planning Commission shall have authority to review the PUD plans and advise the Planning Director.
(6) Modification of a phasing plan shall be considered substantially consistent with the Preliminary PUD Plan unless the revised phasing plan affects the provision of essential services such as public streets, sewer or storm drain to serve the successive phases.
(7) A Final PUD Plan shall be found to be inconsistent with the Preliminary PUD Plan when any of the following apply. If such inconsistencies are identified, an application for revision to the Preliminary PUD Plan shall be required:
(a) The exterior boundaries of the PUD have changed except for slight deviations which result from the resolution of boundary errors or inconsistencies discovered when the PUD property was surveyed,
(b) The number of housing units has increased,
(c) The number of housing units has decreased by more than five percent,
(d) Modifications to the provisions of this Code have been included which were not approved as part of the Preliminary PUD Plan under Section 10.192(2).