(A) Application conference. Upon filing of an application for PUD, the applicant of the proposed PUD shall arrange for and attend a conference with the city staff. At such conference, the applicant shall be prepared to generally describe their proposal for a PUD. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the conformity to the provisions of this code before incurring substantial expense in the preparation of plans, surveys and other data.
(B) General concept plan.
(1) Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing their basic intent and the general nature of the entire development without incurring substantial cost. This concept plan serves as the basis for the informational meeting so that the proposal may be publicly considered at an early stage. The following elements of the proposed general concept plan represent the immediately significant element which the city shall review and for which a decision shall be rendered:
(a) Overall maximum PUD density range;
(b) General location of major streets and pedestrian walkways;
(c) General location and extent of public and common open space;
(d) General location of residential and non-residential land uses with approximate type and intensities of development;
(e) Staging and time schedule of development; and
(f) Other special criteria for development.
(2) Process.
(a) Developer attends application conference;
(b) File application for a conditional use permit or rezoning concurrently with the sub- mission of the general concept plan at least 21 days prior to Planning Commission meeting consisting of the information and submissions required under the general concept stage;
(c) City staff reviews application, prepares report and recommendations;
(d) Planning Commission receives application and report of city staff;
(e) Planning Commission makes a recommendation to the city council on the general concept plan;
(f) City Council holds an informational meeting to inform property owners within 350 feet of the proposed PUD of the general concept plan; and
(g) City Council reviews all recommendations and approves or denies application on general concept plan.
(3) Optional submission of development stage plan. In cases of a single stage PUD or where the applicant wishes to begin the first stage of a multiple stage PUD more expeditiously, he or she may, at his or her option, submit development stage plans for the proposed PUD simultaneously with the submission of the general concept plan. In such case, the applicant shall comply with all the provisions of this chapter applicable to submission of the development stage plan.
(4) Limitation of general concept plan approval. Unless a development stage plan has been filed within nine months from the date City Council grants general concept plan approval or, in any case, where applicant fails to file development stage and final plans to proceed with development in accordance with the provisions of this code and of an approved general concept plan, the approval may be revoked by City Council action. The City Council, at its discretion, may extend the filing date for a development stage plan, when for good cause shown, the extension is deemed appropriate. Approval of the general concept plan should be limited to the general acceptability of the land uses proposed and their relationships to the area. The action shall in no way bind the City Council to subsequent action on more detailed plans.
(C) Development stage.
(1) Purpose. The purpose of the development stage plan is to provide a specific and particular plan upon which the Planning Commission will base its recommendation to the City Council and with which substantial compliance is necessary for the preparation of the final plan.
(2) Submission of development stage plan. Upon approval of the general concept plan, the applicant shall file with the City Clerk-Administrator a development stage plan consisting of the information and submissions required under the development stage for the entire PUD, or for one or more stages thereof in accordance with a staging plan approved as part of the general concept plan. The development stage plan shall refine, implement and be in substantial conformity with the approved general concept plan.
(3) Review and action by city staff and Planning Commission. Upon a receipt of a completed development stage plan, the City Clerk-Administrator shall refer such plan to the appropriate city staff, Planning Commission and other review agencies.
(4) Process.
(a) Developer makes application for subdivision (first phase of PUD, development stage plan) at least 21 days prior to Planning Commission meeting.
(b) Within 60 days of the submission, or such further time as may be agreed to by the applicant and city staff, the Planning Commission shall review the development stage plan and submit a written report and recommendations to the City Council. If the Planning Commission fails to make a report within 60 days after receipt of the application, then the City Council may proceed without the report. The report shall contain the findings and recommendations of the Planning Commission with respect to the conformity of the development stage plan to the approved general concept plan, with respect to the merit or lack of merit of any departure of the development stage plan from substantial conformity with the general concept plan, and with respect to the compliance of the development stage plan with the provisions of this code and all other applicable federal, state and local codes and ordinances.
(c) Within 30 days of receipt of the report and recommendations of the Planning Commission, the City Council shall conduct a public hearing on the plans. Within 60 days of the public hearing, the City Council will either grant approval, resubmit the plan to the Planning Commission for further consideration, or deny approval of the plan.
(d) Upon City Council approval, the City Attorney shall draw up a PUD agreement which stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor, the City Clerk-Administrator and the applicant.
(e) Where the development stage plan is denied approval, City Council action shall be by resolution setting forth the reasons for its action. A certified copy of the document evidencing City Council action shall be delivered to the applicant. The applicant will have 60 days to submit a revised development stage plan to the Planning Commission according to Step 1 of this process. After the 60-day period, a revised general concept plan must be submitted to the Planning Commission unless otherwise arranged with the Zoning Administrator.
(f) If the general stage plan is denied approval three times within one year of the original submission date, the applicant will be required to submit a revised general concept plan according to division (D)(2) below.
(5) Limitation on detailed plan approval. Unless a final plan covering the area designated in the first stage of the development stage plan has been filed within six months from the date City Council grants development stage plan approval, or in any case where the applicant fails to file final plans and to proceed with development in accordance with the provisions of the code and/or an approved development stage plan, the approval shall expire. The City Council may, at its discretion, extend for not more than one additional period of six months the filing deadline for any final plan when, for good cause shown, the extension is necessary. In any case where development plan approval expires, the City Council shall forthwith adopt a resolution repealing the general concept plan approval and the development stage plan approval for that portion of the PUD that has not received final plan approval and re-establish the zoning and other ordinance provisions that would otherwise be applicable.
(6) Review and evaluation criteria. The evaluation of the proposed development stage plan shall include, but not be limited to, the following criteria.
(a) Adequate property control is provided to protect the individual owner’s rights and property values and the public responsibility for maintenance and upkeep.
(b) The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project resident and the general public.
(c) A sufficient amount of usable open space is provided.
(d) The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses.
(e) The architectural design of the project is visually compatible with the surrounding area. Architectural style or type of buildings shall not solely be a basis for denial or approval of the development stage plan. However, the overall appearance and compatibility of individual buildings to other site elements of surrounding development will be given primary considerations in the review stages of the Planning Commission and City Council.
(f) The drainage and utility system plans are submitted to the City Engineer and shall be subject to approval.
(g) The development schedule insures a logical development of the site which will protect the public interest and conserve land.
(h) Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned.
(D) Final plan.
(1) Purpose. The final plan is to serve as a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting form the PUD process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the PUD.
(2) Submission of the final plan. Upon approval of the development stage plan, the applicant shall file with the City Clerk-Administrator a final plan consisting of the information and submissions required by the final plan stage, for the entire PUD or for one or more stages. The final plan is intended only to add detail to, and to put in final form, the information contained in the general concept plan and the development stage plan which shall conform to the development stage plan in all respects.
(3) Review of final plan. The City Engineer shall review the final plans to assure their compliance with the general concept and development stage plans. The City Engineer shall require appropriate revisions by the applicant wherever they do not so comply. The City Engineer shall report findings to the City Clerk- Administrator who shall notify the applicant in writing of approval of the final plan.
(4) City Council action. The City Council may approve the PUD final plan with a majority vote.
(5) Recording of final plan. Within 30 days of the City Clerk-Administrator’s notice of approval, the applicant shall record the final plan, or such portions thereof as are appropriate, with the county’s Register of Deeds or Register of Titles.
(6) Building and other permits. No building permit shall be granted on land for which a plan for a PUD is in the process of review or which does not conform to the approved final plan or for one phase of the final plan. Upon receiving notice from the City Clerk-Administrator that the approved final plan has been recorded and upon appropriate application of the applicant, building and other permits may be issued to the applicant if the following conditions are met:
(a) Public open space, if applicable, has been deeded to the city and officially recorded;
(b) A development contract has been approved and executed by all parties;
(c) The homeowner’s association, if applicable, by-laws, covenants and deed restrictions have been approved by the City Attorney and officially recorded;
(d) The construction plans for proposed structures have been approved by the City Building Official; and
(e) All detailed site plans have been approved by the City Council.
(7) Limitation of final plan approval. Within one year after the approval of a final plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within the period shall, unless an extension has been granted as hereinafter provided, automatically renders void the PUD permit and all approvals of the PUD plan. The area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinances, and other ordinances, applicable in the district in which it is located. In such case, the City Council shall forthwith adopt a resolution repealing the PUD permit and PUD approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable.
(8) Annual review. The Zoning Administrator shall review each Planned Unit Development at least once each year and shall make a report through the Planning Commission to the City Council on the status of the development in each PUD District. If development is not progressing reasonably well, according to schedule, the owner shall be required to submit a statement to the Zoning Administrator setting forth the reasons for the lack of progress. If the City Council finds that the development has not occurred according to the established development schedule or is not otherwise reasonable in the view of the City Council, the City Council may initiate rezonings to remove the Planned Unit Development district in any event. It shall not be necessary for the City Council to find the rezoning to a PUD district was in error.
(Prior Code, § 155.54) (Ord. passed 4-1-1997; Ord. 618, passed 5-6-2003)