Alliance City Zoning Code
CHAPTER 1128
PUD, Planned Unit Development District
1128.01 PURPOSE.
The purpose of the Planned Unit Development (PUD) District is to provide a degree of flexibility in regard to the use, area, height, bulk, and placement regulations for large-scale developments which qualify as planned unit developments. These may include, but are not limited to residential developments, shopping centers, industrial, office, and business park developments, and medical or educational campuses. Certain large developments may be of such size and configuration as to justify a controlled degree of flexibility, and to permit a mix of land uses that may not normally be permitted in the zoning district, but would, under specific circumstances, increase convenience, be compatible with the overall character of the district, and not be injurious to adjoining properties. The further purpose of this Chapter is to:
(a) Provide a consistent and uniform method for review of planned development applications that encourages thoughtful and creative planning and design, and high quality development practices.
(b) Allow reasonable regulatory flexibility that result in a substantially higher quality of development, in accordance with the principles, goals and objectives of the Comprehensive Land Use Plan and any sub-area plans.
(c) Preserve natural resources and site features, and encourage economy and efficiency in the use of land, natural resources, energy, and in the provision of public services and utilities.
(d) Create usable open space particularly suited to the proposed uses within a planned development and the natural character of the land where it is located.
(e) Develop sites in such a way that proposed uses, buildings and site improvements are compatible with each other and with adjoining uses, and to prevent adverse impacts on neighboring properties and districts.
(f) Re-use or re-develop existing sites where an orderly change of use is determined to be desirable, especially where re-use of the site is restricted because of existing nonconformities or the strict application of conventional zoning standards.
1128.02 QUALIFICATION REQUIREMENTS.
PUDs shall be considered an optional means of development and thus shall only be permitted when mutually agreeable to the developer, the Commission, and the Council. PUDs shall be in compliance with the following:
(a) Site Conditions. The proposed PUD site shall be in compliance with the following conditions:
(i) Area. The proposed development site shall be at least 10 acres in area, except where the Council, upon recommendation from the Commission, may permit a PUD on a smaller site that offers unique benefits for the City, or where the site has unique characteristics that significantly impact development, such as an unusual shape or proportion, unusual topography, or potentially incompatible land uses on surrounding properties.
(ii) Ownership. The site shall be under a single ownership or control, and able to be planned and developed as an integrated unit.
(iii) Location. PUD sites shall be limited to locations that have one or more of the following characteristics:
(1) Sites determined to be appropriate for redevelopment, including sites with buildings that are functionally obsolete, and sites where achieving economically sound development under a conventional zoning approach would be extremely difficult.
(2) Sites where flexibility is necessary because of site constraints, including but not limited to incompatible adjoining land uses, traffic conditions that affect ease of access or irregular parcel boundaries.
(3) Sites where the flexibility of the PUD regulations is necessary to achieve a reasonable and desirable transition between land uses, without affecting the overall City land use pattern, intensity of development or objectives of the Comprehensive Land Use Plan or any sub-area or corridor plans.
(4) Sites where the large scale of a proposed development justifies permitting certain incidental uses not normally permitted in the zoning district.
(5) Sites where the public health, safety and welfare is better served through creation of a planned development, because of the density of population, adequacy of schools, parks, or other public facilities, traffic volumes or circulation, neighborhood compatibility, adequate provision of light or air, or accessibility for fire and police protection.
(6) Sites where the proposed development is compatible with the objectives of the Comprehensive Land Use Plan or any sub-area or corridor plans.
(b) Uses. The proposed PUD may contain any use or a combination of uses listed in this Ordinance, provided that all proposed uses satisfy the following criteria:
(i) Compatible with the Comprehensive Land Use Plan. Proposed uses shall be consistent or compatible with the types and intensities of uses specified for the site in this Ordinance, the Comprehensive Land Use Plan or any sub-area or corridor plans.
(ii) Harmonious Relationship. There shall be a reasonably harmonious relationship between the location of buildings and uses on the site relative to buildings and uses on lands in the surrounding area.
(iii) Combination of Residential and Non-residential Uses. Residential and non- residential uses may be permitted together in a PUD, provided that such uses are carefully integrated in a manner that creates a high quality living environment, and are consistent with good site design and sound planning principles. Where the Comprehensive Land Use Plan designation is residential, non-residential uses shall be primarily for the use of the residents of the development, and shall be limited to three percent of the gross area of the residential land and three percent of the gross floor area of any building occupied by residential uses.
(c) Other Conditions. The proposed PUD shall not:
(i) Be used for the sole purpose of increasing the density or intensity of development, or avoiding the requirements for dimensional variances.
(ii) Be used in situations where the same land use objectives can be accomplished by the application of conventional zoning provisions or standards.
(iii) Materially add public service or facility loads beyond those contemplated in the Comprehensive Land Use Plan or other adopted policies or plans, except where the applicant provides a means of securing public improvements needed to serve the development, and demonstrates to the satisfaction of the Council that such added loads will be accommodated or mitigated by the PUD.
1128.03 DEVELOPMENT STANDARDS.
The purpose of this Section is to ensure that planned developments in all zoning districts are compatible with the surrounding neighborhood and City. Wherever possible, the provisions of the underlying zoning district(s) and the design standards of this Ordinance shall be followed in the design of planned developments. Modifications to these standards may be approved as part of a Preliminary PUD Plan in any zoning district, provided that such modifications are determined to be consistent with the purpose of this Chapter and the following:
(a) Setbacks. Minimum setbacks within the development shall be based on good planning and design principles, taking into account the degree of compatibility between adjoining uses, and streets, sensitivity to the characteristics of the site, the need for free access for emergency vehicles, and the need for adequate amounts of light and air between buildings. Reduced or increased setbacks or build-to lines may be required upon review of the Preliminary PUD Plan in the interest of establishing a consistent relationship of buildings to the street and sidewalk, to form a visually continuous and pedestrian-oriented street-front, or to ensure adequate buffering between the PUD and adjacent uses or districts.
(b) Maximum Height. Buildings in PUDs shall not exceed 40 feet in height, except where taller buildings proposed on the Preliminary PUD Plan comply with the following conditions:
(i) Light and Shadow. Buildings or structures greater than 40 feet in height shall be designed so as to not have an unreasonable adverse impact on adjacent property as a result of the shadows or glare created from reflected or artificial light.
(ii) Privacy. Buildings or structures greater than 40 feet in height shall be designed to avoid infringing on the privacy of adjacent properties, particularly adjacent residential uses or districts.
(iii) Scale of Development. Buildings or structures greater than 40 feet in height shall be compatible with the scale of the neighborhood in which they are situated in terms of relative height mass, and scale.
(c) Circulation System. The vehicular and pedestrian circulation system within each development shall accommodate, where appropriate, the movement of vehicles, bicycles and pedestrians throughout the proposed development and to and from surrounding areas, safely and conveniently. Sidewalks and streets shall be connected into the overall City network, and shall be extended to adjacent undeveloped properties to provide future connections.
(d) Utility Infrastructure. Utilities shall be located underground wherever possible, and shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.
(e) Additional Considerations. In their review of a proposed PUD, the Commission and Council may review other considerations that are found to be relevant to a particular project, including but not limited to road capacity, utility systems, signage, lighting, building materials, noise reduction and visual screening.
1128.04 RESIDENTIAL DEVELOPMENT STANDARDS.
The purpose of this Section is to address the unique characteristics and development requirements of residential planned developments, and to ensure that planned developments in residential zoning districts are compatible with the surrounding neighborhood and City. Wherever possible, the provisions of the underlying zoning district(s) and the design standards of this Ordinance and the Subdivision Regulations shall be followed in the design of planned developments. Modifications to these standards may be approved as part of a Preliminary PUD Plan in any residential zoning district, provided that such modifications are determined to be consistent with the purpose of this Chapter and the following:
(a) Lot Size and Block Length. To prevent a monotonous appearance, all residential planned developments shall include variations in lot width, lot area and block length. Corner lots shall have a minimum lot width of 70 feet to provide adequate area for two front yard setbacks. Streets, sidewalk and pathway easements and parks shall be used to visually break-up blocks of dwellings in excess of 600 feet in length.
(b) Density. A variable residential density bonus of up to 30 percent may be allowed in any residential planned development, subject to the following:
(i) Determination of Maximum Permitted Density. The maximum permitted density shall be determined by one of the following two procedures, at the option of the applicant:
(ii) Determination of Maximum Permitted Density. The maximum permitted density shall be determined by one of the following two procedures, at the option of the applicant:
(1) Calculation. The maximum number of permitted dwelling units (du) in a residential PRD may be calculated by:
(a) Taking 80 percent of the buildable area of the site (in square feet);
(b) Dividing the result by the minimum lot area (in square feet) required for the underlying zoning district; and
(c) Multiplying the result by the maximum permitted density (130 percent of the density permitted in the underlying zoning).
(buildable area X 0.8) maximum --------------------------- X 1.3 = number of du minimum lot area permitted By way of example: A 10 acre site with 9 buildable acres located in an R-1 District and a 30 percent density bonus would result in the following number of permitted units: (392,040) ------------ X 0.8 X 1.3 = 48 |
(2) Parallel Plan. The maximum permitted density of a residential PUD may be determined through preparation of a parallel plan by the applicant that satisfies all conventional zoning standards and subdivision regulations, where applicable, including but not limited to minimum lot width and area, setbacks, neighborhood open space requirements, street rights-of-way and stormwater detention. During review of the Preliminary PUD Plan, the Commission shall review the parallel plan to determine if it accurately and reasonably shows the number of dwelling units or lots that could be feasibly be constructed under conventional zoning. This number may be increased by a permitted density bonus of up to 30 percent.
(ii) Criteria for Approval of a Density Bonus. A residential density bonus of up to 30 percent may be permitted for any residential PUD, subject to a determination by the Commission that two or more of the following conditions have been satisfied:
(1) An integrated mixture of housing types have been included in the PUD.
(2) Recreation facilities, plazas, town squares, commons or similar facilities have been included, above and beyond the minimum open space requirements, within the site or at an off-site location approved by the Council.
(3) Streetscape, roadway, pathway and similar improvements have been included along abutting thoroughfares.
(4) The PUD plan includes removal or renovation of blighted buildings, or cleanup of abandoned or contaminated sites.
(5) Other similar elements as determined by the Council, based upon findings of the Commission.
(c) Open Space. Planned developments that include a residential component shall provide centrally-located, usable open space that is accessible to all residents of the PUD:
(i) Character and Arrangement. The arrangement and characteristics of such open space shall reflect good planning and design principles, and shall take into account the following considerations:
(1) The types and arrangement of uses on the site.
(2) The proposed uses of the open space and types of improvements proposed within the open space.
(3) The extent to which the leisure and recreation needs of all segments of the population residing in the development would be accommodated.
(4) The manner in which the open space is integrated into the overall design of the development.
(ii) Amount and Quality of Open Space. Residential PUDs shall maintain a minimum of 30 percent of the gross area as dedicated open space. A minimum of 50 percent of the dedicated open space shall be upland area that is accessible to all residents of the PUD. An active recreational area with appropriate equipment or amenities shall be provided within the dedicated open space, equal in size to a minimum of 1,500 square feet per dwelling in the residential component of the PUD. The active recreational area shall be well drained, graded, seeded or sodded and barrier-free accessible.
(1) Minimum Required. A minimum of 30 percent of the gross area of a PUD shall be set aside for common open space, regardless of whether or not the PUD includes a request for a density increase and/or a lot size reduction.
(2) Location. Open space in a PUD shall meet one or more of the following objectives:
(a) Preservation of distinctive natural features and rural characteristics.
(b) Minimization of impact from development on wetlands, rivers, and other environmentally sensitive areas.
(c) Maintenance of rural open space character along major thoroughfares.
(3) Limitation. Any pervious land area that is available for the common use of all residents of a PUD may be included as part of required open space, except as follows:
(a) Required open space in a PUD shall not include the area of any public or private road, the area of any easement providing access to the PUD, or the area of any required setbacks, except for major thoroughfare setbacks.
(b) Not more than 50 percent of required open space in a PUD shall include the area of water bodies or regulated wetlands.
(c) Up to 100 percent of required open space in a PUD may include preserved natural areas provided, however, that those areas accommodate walking or similar passive leisure pursuits.
(d) Not more than 50 percent of required open space in a PUD shall be used for active recreation facilities such as swimming pools and tennis courts, etc.
(e) Not more than 75 percent of required open space in a PUD shall be used for golf courses, provided remaining open space accommodates walking or similar passive leisure pursuits.
(iii) Areas Not Considered Open Space. The following land areas shall not be included as dedicated open space as defined in this Section:
(1) Areas proposed as single-family residential lots or site condominium lots, or areas proposed to be occupied by dwellings, including the minimum required setbacks around buildings and perimeter yard setbacks.
(2) Any portion of the project proposed for non-residential uses, street rights-of-way or access drives.
(3) Any submerged land area of a pond, lake, river or stream, and any area of the PUD that has restricted access or would require payment for access.
(iv) Protection of Open Space. Required open space in a PUD shall be set aside by the developer through an irrevocable conveyance, such as deed restrictions or covenants that run with the land or through a conservation easement, whereby all rights to develop the land are conveyed to a land conservation organization or other public or private body acceptable to the City, assuring that the open space will be developed according to the plan for the PUD. Such conveyance shall include the following:
(1) Indication of proposed use(s) of the required open space in a PUD.
(2) Describes the permitted activities within the dedicated open space, and assures permanent protection from all forms of development, except as shown on an approved PUD plan.
(3) Provision for privately-owned open space in a PUD to be maintained by property owners with an interest in the open space.
(4) Provision of maintenance standards and a maintenance schedule.
(5) Permits unrestricted access by the general public during daylight (dawn until dusk) hours.
(6) Provision of notice of possible City assessment to property owners in a PUD for the cost of maintenance of open space in the event that it is inadequately maintained and/or becomes a public nuisance, or in the event that other facilities are not maintained.
(7) Recording with County Recorder, to provide notice of restrictions to all persons having interest in property contained in the PUD.
1128.05 COORDINATION WITH SUBDIVISION PLAT OR SITE CONDOMINIUM REVIEW.
Where a PUD includes a subdivision plat, the regulations, procedures and design standards of the Subdivision Regulations shall apply concurrently with the review procedures of this Chapter. The Preliminary PUD Plan shall include the Conceptual Subdivision Plan, the Final PUD Plan shall include the Preliminary Subdivision Plan, and the Planned Development Agreement shall include the Final Subdivision Plat. Where a PUD includes a site condominium development, applicable City regulations shall apply concurrently with the provisions of this Chapter.
1128.06 INFORMAL REVIEW OF CONCEPTUAL PUD PLANS.
Applicants are encouraged to meet with the Commission for informal review of conceptual PUD plans. The purpose of this informal review is to discuss applicable standards and technical issues, comment on the project’s compliance with the standards of this Ordinance, and determine the appropriate type of review process. The applicant or Commission may also request input from the Administrative Official, City Engineer, and other City staff or consultants. Conceptual PUD plans should, at minimum, include the proposed use, building footprint, existing conditions, general site layout and conceptual grading. Conceptual review comments are non-binding, and should be considered by the applicant to be suggestions and recommendations only. A review fee may be required for conceptual plan review, as determined by Council resolution.
1128.07 PRELIMINARY PUD PLAN REVIEW PROCEDURE.
Any person or entity owning or controlling land may submit a Preliminary PUD Plan, with supporting documentation and a request for a determination whether the proposal qualifies for approval under the PUD regulations.
(a) Submittal. Submittal of a Preliminary PUD Plan for consideration shall include the following, where appropriate:
(i) PUD Description. A detailed description of the proposed uses, building and site improvements, phasing plans and open spaces. The written statement shall describe how the proposed project qualifies for consideration as a PUD, state why a PUD is preferred over conventional zoning at this site, review possible impacts on public facilities and services, identify benefits to the City, and provide details and reasons for any proposed modifications from provisions of this Ordinance.
(ii) Preliminary PUD Plan. A Preliminary PUD Plan shall be provided that includes scaled drawings showing property boundaries, existing site conditions, significant site features (woodlands, landmark trees, wetlands, water bodies, historic structures, archeological sites, etc.), current zoning and land uses, adjacent zoning and land uses, general development plans, phasing and building layouts, the location, type and intensity of each proposed use, relationships to adjoining parcels, vehicular and pedestrian circulation patterns, and the general arrangement of any open spaces or landscape areas.
(iii) An impact assessment, if required by the Commission or Council, in compliance with applicable provisions of this Ordinance.
(iv) Additional maps, plans or documents necessary to adequately describe the proposed project.
(b) Technical Review. Prior to Commission consideration, the Preliminary PUD Plan and documentation shall be distributed to appropriate City officials and staff for review and comment. If deemed necessary by the Commission, the plans shall also be submitted to applicable outside agencies and designated City consultants for review.
(c) Public Hearing. A public hearing shall be held by the Commission for all Preliminary PUD Plans in accordance with the procedures set forth in this Ordinance.
(d) Commission Consideration of the Preliminary PUD Plan. Subsequent to the hearing, the Commission shall review the proposed PUD, together with any reports and recommendations from staff, consultants, other reviewing agencies and any public comments. The Commission shall address whether the project meets the qualification requirements for a PUD, and whether the Preliminary PUD Plan is consistent with the purpose and provisions of this Chapter. The Commission shall then report its findings and recommendations to the Council.
(e) Council Action on the Preliminary PUD Plan. Upon receipt of the report and recommendation from the Commission, the Council shall review all findings and take action to approve, approve with conditions or deny the Preliminary PUD plan, and shall set forth the reasons for their action. A determination that a proposal qualifies for PUD approval shall be accompanied by a description of the minimum conditions under which the proposal will be considered for Final PUD Plan approval. In describing such conditions, the Council may identify specific requirements or standards in this Ordinance which could be waived or modified upon approval of the Final PUD Plan.
(f) Effect of City Council Action on the Preliminary PUD Plan. Preliminary PUD Plan approval is intended to provide direction for preparation of the Final PUD Plan, but shall not assure approval of the Final PUD Plan. Preliminary PUD plan approval shall expire two years after the date of approval, unless the Final PUD plan for the project has been submitted to the Commission for review. Upon written request received by the City prior to the expiration date, the Council may grant an extension of up to one year, upon determining that site conditions have not changed in a way that would affect the character, design or use of the site, and that the approved Preliminary PUD plan remains in conformance with the purpose and provisions of this Chapter and the goals and objectives of the Comprehensive Land Use Plan. If the Council denies the Preliminary PUD Plan, the applicant may pursue development or use of the site under conventional zoning standards, or may submit a new Preliminary PUD Plan for further consideration.
1128.08 OUTSIDE AGENCY PERMITS OR APPROVALS.
The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside agencies.
1128.09 FINAL PUD PLAN REVIEW PROCEDURE.
Following approval of a Preliminary PUD Plan by the Council, approval of the Final PUD Plan may be sought by the applicant, in accordance with the following:
(a) Final PUD Plan Submittal. The Final PUD Plan shall contain all of the information required for site plans in this Ordinance and the City Subdivision Regulations, as applicable. The Final PUD Plan shall include a detailed use statement listing and describing the proposed uses in the PUD, and comprehensively illustrating the PUD site design, phasing, locations of all structures and site improvements, roads, utilities, sidewalks and other infrastructure, parks and open spaces, enhancements to public services and other features of the proposed PUD Development in their intended final form. The Final PUD Plan shall also include all documentation necessary to demonstrate that the Final PUD Plan is consistent with the approved Preliminary PUD Plan and any conditions of approval.
(b) Technical Review. Prior to Commission consideration, the Final PUD Plan and documentation shall be distributed to appropriate City officials and staff for review and comment. If deemed necessary by the Commission, the plans shall also be submitted to applicable outside agencies and designated City consultants for review.
(c) Public Hearing. A public hearing shall be held by the Commission for all Final PUD Plans in accordance with the procedures and notice requirements set forth in this Ordinance.
(d) Commission Consideration of the Final PUD Plan. Subsequent to the hearing, the Commission shall review the Final PUD plan, together with any reports and recommendations from staff, consultants, other reviewing agencies and any public comments. The Commission shall address whether the Final PUD Plan conform to the following objectives and requirements, and shall then report its findings and recommendations to the Council:
(i) The Final PUD Plan is consistent with the approved Preliminary PUD Plan, any conditions of approval, and the land use goals and objectives of the Comprehensive Land Use Plan.
(ii) All conditions of Preliminary Final PUD Plan approval have been addressed.
(iii) All applicable engineering requirements have been satisfied, and the applicant has obtained all necessary outside agency permits or approvals.
(e) Council Action on the Final PUD Plan. Upon receipt of the report and recommendation from the Commission, the Council shall review all findings and take action to approve, approve with conditions or deny the Final PUD plan, and shall set forth the reasons for their action. Approval of the Final PUD Plan shall be contingent upon approval of a PUD Agreement in accordance with the provisions of this Ordinance.
(f) Effect of Council Action on the Final PUD Plan and PUD Agreement. Approval of the Final PUD Plan by the Council shall allow the Administrative Official to review construction and building plans for the project. Approval of the PUD Agreement by the Council shall allow the Administrative Official to issue building permits for the project. All construction and building plans and permits shall conform to the approved Final PUD Plan, and no development may take place on the site, nor may any use thereof be made, except in accordance with the approved Final PUD Plan.
(g) Expiration of the Final PUD Plan. An approved Final PUD Plan shall expire 365 days after the date of final approval, unless building permits have been issued or construction has commenced. If such construction has commenced, Final PUD Plan approval shall continue for a period of five years from the date thereof. If such construction lapses for more than 180 continuous days, said approval shall immediately expire. Upon written request received by the City prior to the expiration date, the Council may grant an extension of up to 180 days, provided that site conditions have not changed in a way that would affect the character, design or use of the site, and that the approved Final PUD Plan remains in conformance with the purpose and provisions of this Chapter and the goals and objectives of the Comprehensive Land Use Plan.
1128.10 PLANNED UNIT DEVELOPMENT AGREEMENT.
Upon approval of the Final PUD Plan, the City Law Director shall prepare a PUD Agreement setting forth the conditions upon which such approval is based, which Agreement, after approval by resolution of the Council, shall be executed by the City and the applicant. Approval of the Final PUD Plan shall become effective upon recording of the Agreement in the Office of the County Recorder, which shall be done at the expense of the applicant. The Agreement shall, at minimum, include the following elements:
(a) Identification of the plans and documents that are a part of the approval, the terms and conditions under which the approval was granted, the procedures to be followed for review and approval of amendments to the approved plans, and the terms or conditions regarding the expiration or revocation of approval.
(b) Identification of the entity that is responsible for constructing each element of the project, including the public facilities and infrastructure, and identification of the entities that will own and be responsible for maintenance of public open space, common areas, and facilities, and the method of financing such maintenance work.
(c) A listing and specification of all uses permitted as part of the approved PUD.
(d) Project details and dimensions that are mandatory, and that are subject to refinement or alterations, along with the permissible degree of change.
(e) An agreement providing for adequate maintenance of common elements, public areas and any stormwater retention or detention facility, including removal of soils from any detention or retention basin and rework of drainage facilities so that they are in compliance with the approved engineering plans and specifications. The agreement shall state that if such maintenance is not adequately performed, the City may perform the maintenance and charge the cost thereof to the condominium association. The City may require a performance guarantee, in conformance with the requirements of this Ordinance, to guarantee maintenance of the common elements for a two-year period after completion.
1128.11 PHASED DEVELOPMENTS.
A PUD project may be proposed for construction in phases, in which case the project shall be designed so that each phase, when completed, is capable of standing on its own in terms of public or common services, facilities, and utilities and open space. Each phase shall contain the necessary components to insure protection of natural resources and the health, safety and welfare of the users of the project and the residents of the surrounding area.
1128.12 AMENDMENTS.
Proposed amendments to an approved Final PUD Plan that would alter the approved site design, uses or intent and conditions of Final PUD Plan approval shall be submitted for review as a revised Final PUD Plan following the procedure in this Chapter. Minor changes that would not alter the approved site design, uses or intent and conditions of Final PUD Plan approval may be reviewed following the procedures for administrative site plan review in this Ordinance.
1128.13 APPEALS.
The Board shall have no authority in matters covered by this Chapter.
1128.14 VIOLATIONS.
Any violation of the approved Final PUD Plan or PUD Agreement shall be considered a violation of the Zoning Ordinance, which shall be subject to enforcement action and penalties as described in this Ordinance. Approval of a planned development may be rescinded by the Council upon determination that the PUD Agreement has been violated, or that the site has not been improved, constructed or maintained in compliance with approved permits, the Final PUD Plan, or conditions of PUD approval. Such action shall be subject to the following:
(a) Public Hearing. Such action may be taken only after a public hearing has been held by the Council in accordance with the procedures set forth in this Ordinance, at which time the owner of an interest in land for which Final PUD Plan approval was sought, or the owner’s designated agent, shall be given an opportunity to present evidence in opposition to rescission.
(b) Determination. Subsequent to the hearing, the decision of the Council with regard to the rescission shall be made and written notification provided to said owner or designated agent.