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Provision is included for Planned Unit Development Districts (PUD) to permit establishment of areas in which diverse uses may be brought together as a compatible and unified plan of development which shall be in the interest of the general welfare of the public. In Planned Unit Development Districts, land and structures may be used for any lawful purpose in accordance with the provisions set forth herein.
(a) Submission Procedures. The procedure for obtaining a change in zoning district or undertaking development within a Planned Unit Development District shall be as follows:
(1) Prior to the submission of an application for a rezoning in accordance with Section 1139.03 or the submission of a Development Plan in accordance with Section 1135.14(c), the owner/applicant shall submit eighteen (18) copies of a Preliminary Development Plan to the Planning Commission fourteen (14) days prior to the date of the Planning Commission meeting.
(Ord. C94-98. Passed 12-21-98; Ord. C8-02. Passed 2-4-02.)
(2) The Planning Commission shall review the Preliminary Development Plan with the owner/applicant. The Planning Commission shall prepare recommendations with regard to the Preliminary Development Plan and apply the eight (8) finding requirements as per Section 1135.14(e) for a PUD request.
(Ord. C8-02. Passed 2-4-02.)
(3) Upon approval in principle, the Planning Commission shall forward the Preliminary Development Plan to Council for its review, recommendations and approval in principle, or its disapproval. The Clerk of Council shall send copies of the recommendations of Council to the owner/applicant indicating their approval or disapproval.
(4) Upon receipt of Council’s comments the owner/applicant shall either resubmit a Preliminary Development Plan in accordance with Section 1135.14(a)(1) if the prior submission was disapproved, or if the Preliminary Development Plan was approved, submit an application for rezoning in accordance with Section 1139.03. The owner/applicant may, if so desired, submit a Development Plan in accordance with Section 1135.14(c), along with its submission of the application for rezoning.
(Ord. C94-87. Passed 12-7-87; Ord. C94-98. Passed 12-21-98; Ord. C8-02. Passed 2-4-02.)
(5) The Planning Commission shall examine and take action on the Preliminary Development Plan, the resubmitted Preliminary Development Plan, or the application for rezoning, and the Development Plan, if submitted, within forty-five (45) days after it has been filed. After the Commission acts, the Planning Commission shall forward to Council the Preliminary Development Plan, if resubmitted, or the application for rezoning, and the Development Plan, if submitted, along with any restrictions or requirements upon which its approval is conditioned for action by Council as permitted by law at Council’s next regularly scheduled meeting. If Council defeats the Preliminary Development Plan or the Development Plan or attaches restrictions or requirements to its passage, the owner/applicant may request that Council act on the rezoning application. If the rezoning application is approved by Council without approval of a Development Plan, the owner/applicant shall have nine (9) months from the date of the approval of the rezoning application to obtain approval from Council of a Development Plan or the rezoning approval shall be null and void and the property shall revert to its zoning classification in effect prior to the approval of the application for rezoning. If construction plans, grading plans and specifications for the first phase have not been submitted and construction started within eighteen (18) months from the date of the rezoning approval, the rezoning approval shall be null and void and the property shall revert to its zoning classification in effect prior to approval of the application for rezoning.
(Ord. C8-02. Passed 2-4-02.)
(6) Except to the extent that this section sets forth exceptions, the submission and development procedures and requirements specified in Section 1101.07 shall be followed after the Development Plan and rezoning are approved.
(Ord. C19-91. Passed 3-4-91)
(7) In order to be heard by the Planning Commission, a fee of $150 for a Preliminary Development Plan or $300 for a Development Plan, payable to the City for deposit in the General Fund, shall accompany the application or petition. In addition to the application or petition fee, the prescribed review fees as established in the Fee Recovery Policy for Use of Consulting Architects and Engineers shall also accompany the application or petition, payable to the City for deposit in a Deposit Trust account. These fees are for the purpose of defraying the costs of plan review, legal, legislation, notices, official publications required by the City and any other incurred costs and shall not be refundable even if the application is disapproved by the Planning Commission or Council.
(Ord. C49-01. Passed 8-6-01; Ord. C24-10. Passed 6-7-10.)
(b) Preliminary Plan Content. The Preliminary Development Plan shall include the following information:
(1) Proposed site plan, showing building locations, locations of existing trees six inches (6") or greater in diameter, and land use areas.
(Ord. C19-99. Passed 6-7-99.)
(2) Proposed traffic circulation, parking areas, pedestrian walks and landscaping.
(3) Proposed major utility locations.
(4) Proposed construction sequence for buildings, parking spaces and landscaped areas.
(c) Development Plan Content. The Development Plan shall include the following information:
(1) Proposed name of the development and its location.
(2) Names and addresses of owners and developers.
(3) Date, north arrow and Plan scale. Scale shall be one-inch equals 100 feet or larger scale.
(4) Boundary lines of the proposed development and the total approximate acreage encompassed therein.
(5) Locations, widths and names of all existing public streets or other public ways, railroad and utility rights of way or easements, parks and other public open spaces, permanent structures, and section and corporation lines within or adjacent to the tract.
(6) Existing sewers, water mains, culverts and other underground facilities within the tract, adjacent to the tract or that will be used in developing the tract, indicating pipe sizes, grades and locations.
(7) The adjoining lines of adjacent tracts, parcels or lots.
(8) Existing zoning restrictions.
(9) Existing ground configuration, drainage channels, wooded areas, watercourses and other significant physical features.
(10) Layout of proposed streets, including their names and rights of way, easements, sewers, water lines, culverts and other major improvements.
(11) Layout, numbering and dimensions of lots if more than one.
(12) Layout, location and dimensions of proposed structures.
(13) Parcels of land intended to be dedicated or temporarily reserved for public use or reserved by deed covenant with the condition proposed for such covenant, and for the dedications.
(14) Building setback lines with dimensions.
(15) Tentative street grades and sewer size slope.
(16) Traffic circulation, parking areas and pedestrian walks.
(17) Landscaping plans, including site grading and landscape design.
(18) Engineering feasibility studies of any anticipated problems which might arise due to the proposed development as required by the Planning Commission.
(19) Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
(20) Preliminary drawings for buildings to be constructed in the current phase, including floor plans, exterior elevations and sections.
(21) Color rendering of building(s), complete with a listing of all colors, including Pantone 1999-2000 Reference Numbers or if Pantone is not available, the manufacturer's reference/serial number with sample, and materials, with samples, to be used.
(Ord. C39-00. Passed 5-15-00.)
(d) Approval of the Development Plan by Phases. The Development Plan may be approved in phases. Each phase shall require approval of a Development Plan for that phase pursuant to the procedures set forth herein. Any changes to the plan that increase the density, change the use of any part within the plan, decrease the amenities or accessory facilities, or detract from the appearance of the project without the approval of the Planning Commission and Council shall void the rezoning and the tract of land shall revert to the zoning district in force prior to the Planned Unit Development submission.
(Ord. C94-87. Passed 12-7-87; Ord. C19-91. Passed 3-4-91.)
(1) Unless otherwise specified by the Planning Commission and Council in the Development Plan approval, each phase of the total project shall be started within the deadlines set forth in subsection (a)(5) hereof. If any phase is not started or completed within the deadlines set forth herein, the zoning for the property shall revert back to the zoning classification in effect at the time prior to the approval of the rezoning application.
(Ord. C19-91. Passed 3-4-91.)
(2) Prior to the beginning of each phase of the development a Development Plan, annotated as to the as-built conditions, along with an updated construction schedule shall be presented to the Planning Commission and Council for their review and comment. All variances to the original Development Plan and construction schedule shall be noted, and this copy of the Development Plan shall contain a registered surveyor's certificate as to accuracy of the plan and that it is an accurate representation of the as-built conditions in the field. No work shall begin on the next phase of the development until all variances to the approved Development Plan and construction schedule are corrected or approved by Council.
(e) Finding Required. The Planning Commission, after determining that all the requirements of the Zoning Ordinance dealing with Planned Unit Development Districts have been met, shall recommend the approval, approval with modifications or disapproval of the Preliminary Development Plan and/or the Development Plan. The Commission shall enter its reasons for such action in its records. The Commission may recommend the establishment of a Planned Unit Development District provided that they find the facts submitted with the Preliminary Development Plan and/or the Development Plan establish that:
(Ord. C8-02. Passed 2-4-02.)
(1) The uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under any other district.
(2) Any exception from Zoning Code (Ordinance C79-74, passed January 20, 1975) requirements is warranted by the design and amenities incorporated in the Development Plan.
(3) Land surrounding the proposed development can be planned in coordination with the proposed development and that it is compatible in use.
(4) The proposed change to a Planned Unit Development District is in conformance with the general use intent of the area.
(5) Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed district and in the vicinity of the proposed district.
(6) Existing and proposed utility services are adequate for the proposed development.
(7) Each phase of the proposed development, as it is proposed to be completed contains the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.
(8) The proposed Planned Unit Development District and all proposed buildings, parking spaces and landscape and utility areas can be completely developed within seven years of the establishment of the district, unless otherwise provided for by Council.
(f) Planned Unit Development Standards. The purposes of Planned Unit Development Standards are to provide for the rezoning of land to residential, commercial and industrial development zones in conformance with provisions and standards which insure compatibility among all the land uses, foster innovation in site planning and development, and encourage sound development in the interest of safety and general welfare of the public.
The standards for Planned Unit Development Districts are to provide the Planning Commission and Council with a means to evaluate applications for these districts consistent with the provisions and general intent of the Zoning Code.
The following standards are intended to strengthen public control over development, while providing the necessary latitude for the developer to make creative and efficient use of his property.
(g) Planned Unit Development Residential Permitted Use Standards (PUD-R). In Planned Unit Development - Residential the following uses may be permitted:
(1) One-family dwelling, two-family dwelling.
(2) Multiple family dwelling.
(3) Professional residence - office.
(4) Religious institution.
(6) Community center.
(7) Membership clubhouse.
(8) Public outdoor recreation.
(9) Accessory uses.
(11) Other uses approved by the Planning Commission.
(h) Planned Unit Development, Business and Commercial Permitted Use Standards (PUD-C). In Planned Unit Development - Commercial, the following uses may be permitted:
(4) Religious institutions.
(5) Community centers.
(6) Indoor recreation.
(7) Personal services.
(8) Enclosed accessory uses.
(10) Other uses approved by the Planning Commission.
(i) Planned Unit Development Industrial Permitted Use Standards (PUD-I). In Planned Unit Development - Industrial, the following uses may be permitted:
(3) Public utilities.
(4) Gasoline station.
(5) Enclosed service and repair.
(6) Trucking and freight terminal.
(8) Enclosed accessory uses.
(10) Other uses approved by the Planning Commission.
TABLE 1135.14-III AREA, YARD, COVERAGE AND SUPPLEMENTARY REGULATIONS
Off- Street Parking
Per Unit *(3)
District Next to
Building Floor Area (square feet)
PUD-R Single Family
AS APPROVED BY COUNCIL AND SHOWN ON THE DEVELOPMENT PLAN
*(2) Two Family
SAME AS REQUIREMENTS OF D-1 ZONING SECTION 1135.10
SAME AS REQUIREMENTS OF A-1 ZONING SECTION 1135.10
*NOTES: 1. Land per unit pertains to only the land associated with the particular units. Land used in common by the development is excluded.
2. The term unit in the residential uses shall mean family.
3. Side yard distances are measured to the line designating the land to be associated with that building. In all cases the building shall be designed so that no single or two-family building is closer than 12 feet to another building and no multi-family or other type building is closer than 20 feet to another building.