(a) Purpose. The S-PUD Planned Unit Development District is intended to provide permissive, voluntary and alternative zoning procedures for development. Reasons for such zoning include:
(1) The provision of flexibility whereby land holdings greater than three acres in size, under unified ownership, can be planned and developed as a unit.
(2) A greater efficiency in the use of land and resources than is achievable through conventional development.
(3) Facilitation of flexibility of design in order to take advantage of natural features of land.
(b) Permitted Uses. Uses permitted in the S-PUD District are those permitted by underlying zoning. Uses permitted elsewhere by this Zoning Code also may be permitted if the Planning Commission and Council determine that such uses are in harmony with adjacent neighborhoods, transportation facilities and other community facilities.
(c) Design and Development Standards. Design and development standards within an S-PUD District will normally be those associated with the most restrictive Zoning Code standards applied to the same land uses elsewhere in the City. Such standards may be altered to the extent that the Planning Commission and Council are able to make determinations that surrounding neighborhoods, as well as the general health, safety and welfare, will be protected. Relaxation of otherwise applicable standards often will involve trade-offs of open space or public amenities designed to provide a net positive benefit to the community.
(d) Formal Plans,. Applicants are encouraged to engage in informal consultations with staff and the Planning Commission prior to submission of formal plans.
(e) Required Contents of the Site Development Plan. A proper site development plan must be submitted at least two weeks before the next regularly scheduled meeting of the Planning Commission to be considered on the next agenda. The following elements will constitute a complete application:
(1) Evidence of ownership or equivalent control of the entirety of the site;
(2) A base survey map of the site, to scale, showing boundary dimensions, the genera topography, physical features and surrounding thoroughfares;
(3) A site plan, showing lot lines, building outlines, off-street parking spaces, pedestrian walkways, bicycle and automobile circulation and special site development features;
(4) Engineering plans of sufficient detail for preliminary subdivision approval and indicating that site grading, street improvements, storm drainage, utility upgrades and extensions and other public facilities will meet City standards;
(5) Building plans, to scale, including floor plans and exterior elevations;
(6) Proposed restrictive covenants, homeowners' association proposals and other legal documentation;
(7) Landscaping plans, including quantities, sizes and varieties of landscaping; and
(8) A time schedule of the projected development, if the total landholding is to be developed in stages or if construction is to extend beyond a two-year time period.
(f) Planning Commission Action. The Planning Commission may hold a public hearing on the application, but will, in any case, make a report to City Council after no more than two successive, regularly scheduled meetings following timely receipt of a full application for S-PUD zoning. Such Commission report to Council will recommend approval, modification or disapproval and will offer reasons therefor. The Commission may explicitly recommend special conditions relating to the planned unit development with regard to the type and extent of public improvements, landscaping, building styles, density or other development characteristics.
(g) City Council Action. City Council will consider the S-PUD application and the accompanying report of the Planning Commission at a public hearing that has been advertised by a newspaper of general circulation at least ten days before said hearing date. The applicant may request a postponement of Council consideration of the S-PUD application to allow the incorporation of changes suggested by the Planning Commission. City Council may explicitly impose special conditions relating to the planned unit development with regard to the type and extent of public improvements, landscaping, building styles, density or other development characteristics.
(h) Required Findings_. Both the Planning Commission and City Council will only approve those S-PUD zoning applications which contain enough information to allow them to make specific findings of fact, directly based upon the evidence presented, that:
(1) The physical character of the site will be suitable for development in the manner proposed without hazard to persons or property, on or off the site, because of the probability of flooding, erosion or other dangers, annoyances or inconveniences.
(2) The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development, and the streets and driveways on the site will be adequate to efficiently and safely serve the residents of the area as well as the traffic generated by uses within the proposed development.
(3) The S-PUD District will be located in such a way, in relation to sanitary sewers, storm and surface drainage systems, water supply systems and police and fire protection facilities, that neither extension nor enlargement of such systems will be required that will result in higher net public costs than would development in forms generally permitted under existing zoning for the area.
(4) Structures, parking areas, drives, roadways, walks, lighting and appurtenant facilities will be located and designed to provide a high degree of efficiency, safety, convenience and harmony within the development as well as the utmost compatibility with surrounding neighborhoods.
(5) Proposed development can be substantially completed within the period of time specified by the development application.
(6) The S-PUD District will be in conformity with Englewood comprehensive planning, including land use and utility elements.
(7) Planning is consistent with the intent and purpose of this Zoning Code to promote the public health, safety and general welfare of the City.
(i) Time Limits and Extensions. Following approval of the S-PUD application by Council, an ordinance will be passed designating that the subject property is now zoned "S-PUD Planned Unit Development". S-PUD zoning approval by said ordinance shall become null and void, and the land shall revert to its former zoning classification, if:
(1) Within one year of zoning approval, a final subdivision plat, if applicable, for at least the first section, has not been recorded by Montgomery County.
(2) A building permit, within at least the first section, has not been secured within one year of final plat recording.
Existing landscaping, acting as screening of a project site from surrounding sites, shall not be removed until final landscaping and screening is to be installed. Unless the City Engineer and the Community Development Director determine that there is a sound development reason for delay, all approved landscaping and screening must be installed the earlier of six months from the date of S-PUD approval by Council or before issuance of a building permit. If delays in landscaping and screening installation are approved, subsequent occupancy of a building may be delayed until such approved screening has been installed.
An extension of time limits or minor modifications of approved plans may be approved by the Planning Commission. Such approval shall be given upon a finding of the purpose and necessity for such extension or minor modification and evidence of reasonable effort toward the accomplishment of approved plans. Proposed changes not deemed minor by the Planning Commission shall necessitate review by both the Planning Commission and City Council, in the same format as if a new S-PUD District were being proposed.
(j) Subdivision Standards. Unless otherwise addressed by the Planning Commission or City Council, design standards for the proposed subdivision of land shall meet minimum standards of the City relating to the platting of land.
(Ord. 96-6. Passed 3-27-96.)