(A) The City Commission may designate specific parcels of land as planned unit developments and authorize uses within the districts which are not consistent with the provisions of this chapter and the zoning map; provided, however, that approval of any such development is subject to strict compliance with the procedures and requirements set forth in this section.
(B) Any approval may also contain specific requirements governing the proposed development and the requirements shall be binding on all construction within the district.
(C) Any requirements so imposed shall prevail over conflicting requirements set forth elsewhere in this chapter.
(1) General requirements. The following requirements apply generally to all PUDs. An applicant should consider these requirements prior to preparation and submission of a preliminary plan:
(a) Ownership. The tract of land shall be under unified ownership and control at the time of application and scheduled to be developed as one unit.
(b) Minimum size. No planned unit development may include less buildable area than three acres of contiguous land.
(c) Minimum building spacing and yards.
1. Spacing. Spacing between buildings and dedicated streets shall be at least equivalent to the spacing (front yard) requirements of buildings similarly developed under the terms of this chapter on separate parcels.
2. Lot line yards and buffers. Notwithstanding other provisions of this section, every building in a PUD abutting the perimeter boundary of the PUD shall conform to yard requirements for the underlying zoning district plus buffer requirements; all of which are contained in the lot and yard requirements of this chapter.
3. Internal yards. As to those yards required between buildings for areas which are wholly within the development and not related to dedicated streets nor areas abutting perimeter boundaries, the front, side and rear yard requirements shall be equal to the average height of the two buildings; and any yard abutting a street or access way which is the property of, and internal to, the development shall equal the height of that building. In either case these requirements shall not exceed those for yard requirements of the underlying district if developed under this chapter on separate parcels.
(d) Harmony. The design of the planned unit development shall take into account the relationship of the site to the area surrounding it, and it shall be compatible with it. The perimeter of the PUD shall be so designed as to minimize the undesirable impact of the PUD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use on the PUD.
(e) Building heights. The requirements of the underlying existing zoning district shall prevail; however, exceptions may be granted where distances are maintained from buildings and uses on adjacent tracts, and where the heights of the proposed structures will not create a height differential of more than 20 feet, or cause incompatibility with the appearance of structures in the surrounding area.
(f) Permitted uses. Permitted uses may include:
1. Any combination of dwelling units in single-family, two-family, town or row houses and apartments;
2. Any nonresidential uses, to the extent such nonresidential use is designed and intended to serve the residents of the planned unit development;
3. Public and private education facilities; and/or
4. Other uses permitted in the underlying zoning district in which the planned unit development is located.
(g) Open spaces. A minimum of 30% of the buildable area of the residential section of each PUD parcel shall be reserved for common open space which shall be either held in common ownership by all owners in the PUD or dedicated for public use with approval of the City Commission. Whenever possible, common open space shall be linked to the open space areas of adjoining developments, and buffers created as required in this chapter shall be credited towards fulfilling open space requirements. Common open space shall be of such size, shape, character and locations as to be usable for its intended purpose or shall not be included in the open space calculation.
(h) Minimum lot size and density. The minimum lot size requirements of other sections of this chapter shall apply to a PUD only in that the minimum lot size requirements of the underlying zone and the stated maximum density from the table set forth in this chapter shall be used as the criterion in computing the overall maximum dwelling units per acre of buildable area (or the maximum dwelling unit density) and resulting open space requirements for the total parcel to be developed. An applicant may make a request to the Planning Commission for an increase in density from that computed above provided that: traffic and public safety will not be adversely affected, and that public utilities, services and facilities are adequate. The request shall allow an increase to a maximum of 20% under such a request. A request may be reviewed taking into consideration the unique characteristics of the PUD; provided, however, that such a request may be granted only if the applicant demonstrates and the Planning Commission finds that all of the following conditions are satisfied.
1. The PUD is well designed, attractive, accessible and has usable common open space which has been utilized and landscaped for buffers and recreation areas.
2. The PUD demonstrates distinctiveness and excellence in siting, design and landscaping which reflects well upon both the project itself and upon the compatibility and harmony with the surrounding properties.
3. The PUD provides for location adjacent to, and accessing, existing or proposed arterial streets in such a way as to provide for the minimum impact on traffic problems and safety.
4. Upon approval by the Planning Commission, the request shall be submitted to the City Commission for its consideration. The City Commission shall accept, reject or modify the approval granted by the Planning Commission.
(2) Application for PUD designation. Applications for PUD designation is initiated upon submission of the following to the Zoning Administrator:
(a) Eight copies of a fully completed and duly executed application in a form prescribed by the City Commission;
(b) An application fee in a sum set from time to time by the City Commission;
(c) An agreement duly executed by the applicant evidencing the applicant’s pledge to reimburse all expenses reasonably incurred by the city in processing the application including, but not limited to, costs associated with publication, mailing of notice, duplication of documents and other administrative expenses as well as legal, engineering and other professional fees reasonably necessary to ascertain the legal, administrative and financial feasibility of the proposed development and to confirm the applicant’s financial ability to complete the project as proposed;
(d) A legal description of the parcel of land to which the application applies together with a list of the names and addresses of all owners of the land so described;
(e) Documentary evidence of an ownership interest in the property to be developed;
(f) An abstractor’s certificate reciting the names and addresses of all property owners within 500 feet of the boundaries of the property to be developed; and
(g) Eight copies of a preliminary development plan meeting the requirements of the following division (C)(3) and all of its subparts.
(3) Preliminary development specifications. Each preliminary development plan submitted as a part of an application for a planned unit development shall be prepared according to the standards and contain the information and exhibits set forth below; provided, however, that upon a showing of hardship, expense disproportionate to cost of the proposed development, or other good cause, the City Commission may relieve any individual applicant from strict adherence to one or more of the following requirements:
(a) The drawings shall be professionally prepared by a registered civil engineer, a registered land surveyor or other professional with expertise in the discipline required for the particular plan and each shall be in schematic form and drawn to a scale of one inch equals 50 feet and must contain the following:
1. The location, size of site and proposed uses of the land to be developed;
2. The density of land use to be allocated to the several parts of the site to be developed;
3. The location and size of all common open space including buffers and any developments or improvements to be made to the space;
4. The use height, size and location of buildings and other structures (overlaid on a topographic map as specified below);
5. The plans for the collection and distribution of storm water and sanitary waste, the distribution of potable water, the availability of water for firefighting and sprinkler systems and locations of fire hydrants on premises and nearby. Also show plans and locations of areas for storm water ponding/sedimentation and other treatment, and all easements necessary for same (overlaid on a topographic map as specified below);
6. The plans and specifications for streets and parking of vehicles (including access drives, marked individual spaces, visitor spaces, disabled parking/and loading/unloading zones). Plans and permits for access to city, state and county roads must be included;
7. A schedule showing the proposed times within which application for final approval of all sections of the PUD are intended to be filed;
8. A topographic map prepared by a registered civil engineer or registered land surveyor covering an entire tract proposed for development. The maps shall indicate topography at a two foot contour interval. It shall show in accurate detail the existing: buildings, trees, wetlands, natural or developed drainage (including ditches and culverts), streams, ponds, shorelines, roads, steep slopes, utility lines and easements; and shall include any other existing significant natural or developed features;
9. Detailed plan or plans overlaying the above required topographic map showing any items or features that are to be removed or altered;
10. A map showing the subject property and surrounding properties within 150 feet of the perimeter line of the proposed PUD which specifies the zoning and actual uses of these surrounding parcels, and showing any structures thereon;
11. Generalized elevations and perspectives of all proposed structures;
12. A landscape plan indicating the location, size and type of all plant materials to be used, and which meets the requirements specified herein;
13. Plans and specifications for all signs;
14. Plans and specifications for all outdoor lighting; and
15. Environmental Assessment Worksheet (EAW) Environmental Impact Statement (EIS) and any Permits from the D.N.R. or other governmental agency or body where shorelands, wetlands or any other environmentally sensitive areas are included in the planned development area. In case there is a conflict in the provisions of any laws, rules or regulations, the more stringent shall apply and take precedence.
(b) The written statement shall contain the following:
1. An explanation of the general character of the planned development;
2. A statement of the ownership of all land involved in the parcel to be developed, together with a summary of the owners’ previous work and development experience;
3. A general indication of the time schedule for development of the project;
4. A statement showing the ultimate ownership and maintenance of all parts of the development including streets, utilities, structures and open and recreational space; and specimen agreements, provisions or covenants which govern the use, maintenance and continued protection of the development and its common areas; and
5. A statement describing how all necessary governmental services will be provided to the development, and the economic impact to the tax payers in providing these services.
(4) Preliminary development plan procedure. Filing of an application for approval of a planned unit development is complete upon acceptance of the application by the Planning Commission. Acceptance may be deferred only as required to ascertain whether application requirements have been met and the applicant shall be promptly notified of any deficiencies. Each application which is in compliance with application requirements set forth above shall be processed as follows:
(a) Within 60 days after filing of the preliminary plan with the Zoning Officer, the Planning Commission shall forward the plan to the City Commission with a written report recommending that the plan be disapproved, approved or approved with modifications stating the reasons for these recommendations.
(b) Within 45 days after the receipt of the application by the City Commission a public hearing shall be held by the City Commission on the application. The City Commission may continue the hearing or refer the matter back to the Planning Commission for further study; provided, however, that the public hearing or hearings shall be concluded within 45 days after the date of the first public hearing, unless the applicant shall consent in writing to an extension of the time. Upon conclusion of all hearings the City Commission shall within 30 days, make findings and cause a copy thereof to be mailed to the applicant.
(c) In the event tentative approval is granted subject to conditions, the applicant shall, within 45 days after receiving a copy of the findings of the City Commission, notify the City Commission of the acceptance or refusal of all conditions. Refusal of the applicant shall constitute denial of the plans by the City Commission. Failure of the applicant to notify the City Commission of his acceptance or refusal of the conditions to the plan, constitute refusal of the conditions.
(5) Final development plan procedure. Within six months following the approval of the preliminary development plan, the applicant shall file with the Zoning Officer a final development plan containing in final form the information required in the preliminary plan. The City Commission at its discretion may extend for six months the period for filing of the final development plan.
(a) The Zoning Officer shall send a reproducible print and one other print to the Chairman of the Zoning Commission. If the Planning Commission finds that the formal plan is in substantial compliance with the plan given preliminary approval, it shall endorse the plan and submit it to the City Commission within 30 days.
(b) A public hearing on an application for final approval of the plan or part thereof shall not be required provided that the plan is in substantial compliance with the plan given preliminary approval.
(c) In the event the plan as submitted for final approval is not in substantial compliance with the preliminary plan, the City Commission shall notify the applicant within 45 days of the date of application setting forth the ways in which the plan is not in substantial compliance.
1. The applicant may treat the notification as denial of final approval; or
2. The applicant may file a written request with the City Commission that it hold a public hearing on his or her request for final approval. Any such hearing shall be held within 30 days after the request for such a hearing. Within 45 days of the hearing the City Commission shall either grant final approval or deny final approval to the plan.
(d) In the event a plan is given final approval and the applicant shall abandon the plan or in the event the applicant shall fail to begin construction of the planned unit development within 12 months after final approval has been granted, final approval shall terminate unless a time period is extended by the City Commission.
(6) Final development plan specifications. The final development plan filed with the Zoning Officer shall contain in final form all the information required in the preliminary plan.
(7) Findings required. The findings necessary for approval of the preliminary and final development plans shall be based on the following and describe in what respect the plan would or would not be in the public interest.
(a) The plan is not in conflict with the city land use plan.
(b) The plan is designed to form a desirable and unified development within its own boundaries.
(c) The proposed uses will not be detrimental to present and future land uses in the surrounding area.
(d) Any exceptions to the standard requirements of the zoning and subdivision ordinance are justified by the design of the development.
(e) The planned development will be compatible with the surrounding property and land uses and will not have an undue and adverse impact on the reasonable enjoyment of neighboring property.
(f) The plan will not create an excessive burden on parks, schools, streets, fire protection and other public facilities and utilities which serve or are proposed to serve the planned development. These burdens could be in the form of economic hardship or as hazards to the health and safety of the neighborhood or the population in general.
(g) The plan does not create a public health, fire or safety hazard to the adjoining property owners.
(8) Zoning. Once the proposed plan has been approved, the Planning Commission shall propose an amendment to this chapter for action by the City Commission as outlined in the administrative portion of this chapter. The planned unit development shall be outlined on the city zoning map and labeled PUD.
(9) Annual review. The Planning Commission shall review all Planned Unit Development Districts within the city at least once each year and shall make a report to the City Commission on the status of the development in each of the Planned Unit Development Districts. If the City Commission finds that development has not occurred within 12 months from the original approval, the City Commission may instruct the Planning Commission to initiate rezoning to the original zoning district and remove the Planned Unit Development District from the zoning map.
(1988 Code, § 11.50-12) (Ord. 30, passed 10-11-1994)