The PUD Overlay District is unique in that there is potential for a wide range of properties to qualify for PUD zoning. The uses and intensity of development can vary substantially since they are determined based on the Comprehensive Plan, and specific setbacks, yard requirements and other development controls are not predetermined as they are in the other districts from RR through I-2, which are referred to as the conventional zoning districts. The unique features of the PUD require that the land uses and development plan for properties zoned PUD is established through adoption of a specific ordinance and a general development plan for each property or area to be so zoned. The major steps in this process are:
(A) Pre-application meeting. Upon filing of an application for a PUD, the applicant of the proposed PUD shall arrange for and attend an informational meeting with city staff. At such conference, the applicant shall be prepared to generally describe their proposal for a PUD. The primary purpose of the meeting 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 detailed plans, surveys, and other data.
(B) Preliminary PUD plan process.
(1) The developer/owner shall submit an application for subdivision or preliminary PUD plan at least 30 days prior to the Planning Commission meeting.
(2) The Zoning Administrator shall review the preliminary application and distribute to appropriate staff and consultants for review. The Zoning Administrator shall post notice of a public hearing and forward all comments, along with the application, to the Planning Commission.
(3) The Planning Commission shall conduct a public hearing, following published notice and mailed notice to property owners within 350 feet of the proposed PUD. Notice shall occur not less than 10 or more than 30 days prior to the hearing. Failure of a property owner to receive notice shall not invalidate the process. The Planning Commission shall review the preliminary PUD plan and submit a written report and recommendation to the City Council. If the Planning Commission fails to make a report within 30 days after receipt of the application, the City Council may proceed without the report. Such report shall contain the findings and recommendations of the Planning Commission with respect to the conformity of the preliminary PUD plan to the approved general concept plan, with respect to the merit or lack of merit of any departure of the preliminary PUD plan from substantial conformity with the general concept plan, and with respect to the compliance of the preliminary PUD plan with the provisions of this Code and all other applicable federal, state, and local codes and ordinances.
(4) Within 60 days of the receipt of a complete application, the City Council will take action to grant approval, grant conditional approval, or deny approval of the plan.
(5) Upon City Council approval, the City Attorney shall draft a PUD development 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, City Administrator, and the applicant.
(6) Where the preliminary PUD plan is denied approval, City Council action shall be by resolution setting forth the reasons for its actions. A certified copy of the document evidencing said City Council action shall be delivered to the applicant. The applicant will have 60 days to submit a revised preliminary PUD plan to the Planning Commission. After the 60 day period, a revised general concept plan must be submitted to the Planning Commission unless otherwise arranged with the Zoning Administrator.
(7) If subsequent submittals of the preliminary PUD plan are denied approval 2 times within 1 year of the original submission date, the applicant will be required to submit a revised general concept plan.
(8) Limitation on preliminary PUD plan approval. Unless a final plan covering the area designated in the first stage of the preliminary PUD plan has been filed within 6 months from the date the City Council grants preliminary PUD 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 this subchapter and/or an approved preliminary PUD plan, the approval shall expire. The City Council may, at its discretion, extend for not more than 1 additional period of 6 months the filing deadline for any final plan when, for good cause, such extension is necessary. In any case where the preliminary PUD plan approval expires, the City Council shall forthwith adopt a resolution repealing the general concept plan approval and the preliminary PUD 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.
(9) Review and evaluation criteria. The evaluation of the proposed preliminary PUD 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 preliminary PUD plan. However, the overall appearance and compatibility of individual buildings to other site elements of surrounding development will be given primary consideration 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 of the City Engineer.
(g) The development schedule insures a logical development of the site which will protect the public interest and conserve land.
(h) Proposed unit and accessory use requirements are in compliance with the district provisions in which the development is planned.
(C) Final PUD plan process. 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 from the PUD process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the PUD.
(1) Submission of the final plan. Upon approval of the preliminary PUD plan, the applicant shall file with the Zoning Administrator a final plan consisting of the information and submissions required by the final plan stage, for the entire PUD or for 1 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 preliminary PUD plan which shall conform to the preliminary PUD plan in all respects. A final plan of a portion of the proposed development may be submitted simultaneously with the overall preliminary plan for purposes of expediting the review process.
(2) Review and approval of final plan. The Zoning Administrator shall forward comments of staff and consultants to the Planning Commission, who shall prepare a recommendation for the City Council. No public hearing shall be required for approval of the final plan. The City Council may approve the PUD final plan with a majority vote.
(3) Recording of final plat and PUD agreement. Within 30 days of the Zoning Administrator's notice of approval, the applicant shall record the final plat and PUD agreement, or such portions thereof as are appropriate, with the Office of the Scott County Recorder.
(4) 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. Upon receiving notice from the Zoning Administrator that the approved final plat and agreement 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 agreement 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 Building Official.
(e) All detailed site plans have been approved by the Zoning Administrator.
(5) Limitation of final plan approval. Within 1 year after the approval of a final plan for PUD, or such shorter time as may be established by the appropriate development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such 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.
(Ord. 2013-05, passed 5-20-2013)