§ 158.190. Rezoning of Land to MPUD; Procedure.

The procedure for rezoning of land is set forth within sections 158.315 through 158.322.

(A)

Applications, Materials to Be Submitted. In addition to information required for application for rezoning generally under sections 158.315 through 158.322, the applicant shall submit the following materials or data:

(1)

A statement presenting firm evidence of the unified control of the entire area within the proposed MPUD. The applicant shall state agreement to: proceed with the proposed development according to the provisions of these zoning regulations and any conditions as may be attached to the rezoning of the land to MPUD. All agreements and evidence of unified control shall be examined by the City Attorney and no rezoning of land to MPUD classification shall be adopted without a certification of the City Attorney that agreements and evidence of unified control meet the requirements of these zoning regulations.

(2)

A conceptual master plan and regulation book as specified in section 158.188. These are processed under sections 158.235 through 158.245.

(B)

Procedures. On applications for rezoning of land to MPUD classification, the Planning and Zoning Board and the City Council shall proceed in general as for other applications for rezoning of land and approval of a conceptual master plan:

(1)

The Site Plan Review Committee shall review each MPUD plan and vote to recommend approval, to recommend approval with conditions, or to recommend denial of the conceptual master plan. The recommendation shall be forwarded to the Planning and Zoning Board with the application.

(2)

In recommending rezoning of land to MPUD classification, the Planning and Zoning Board may recommend and the City Council may attach suitable conditions, safeguards, and stipulations, including but not limited to the following:

(a)

Types or categories of land uses to be permitted within the district or specified portions thereof;

(b)

Residential density to be permitted within the district or specified portions thereof;

(c)

Minimum building lot sizes, required yards, building setbacks, building square footage requirements, and maximum impervious surface area to be permitted within the district or specified portions thereof;

(d)

Intensity of nonresidential uses to be permitted within the district or specified portions thereof, including square footage and height of structures, and amounts of land to be utilized for parking and other open space activities;

(e)

Amounts, locations, and types of recreational areas, parks, open spaces and facilities to be provided within the district or specified portions thereof, with dedication thereof to the public at no cost as applicable;

(f)

Provisions to be made for necessary public facilities or services required by the district or specified portions thereof, with dedication thereof to the City or other applicable entity; and

(g)

Method of staging of various development phases within the district, including both the sequence and timing of those phases and the required dates for filing of final development plans.

(3)

In the application of those conditions and stipulations, applicable standards set forth within the conventional zoning districts of this code shall be utilized wherever possible. Any conditions, safeguards, and stipulations made at the time of rezoning to MPUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, safeguard, or stipulation shall constitute a violation of these zoning regulations.

(Ord. No. 10-62, § 2, 8-9-10; Ord. No. 15-85, § 1, 12-7-15)