(A) Applicability. The establishment of a planned unit development (PUD) provides design flexibility to promote creative and efficient use of land. Planned unit development provisions are also intended to create public and private benefit by allowing improved site design; allowing developments on multiple lots to function as one coordinated site; facilitating protection of natural features; allowing flexibility from this chapter for unique developments; and ensuring coordination of phased development.
(B) Pre-application meeting.
(1) A pre-application meeting pursuant to § 154.065(D) is required prior to submitting a preliminary PUD plan application.
(2) During the pre-application meeting, the Zoning Administrator will determine if the proposed project is eligible for concurrent review of the preliminary and final PUD plans.
(C) Preliminary PUD plan.
(1) Submittal. The preliminary PUD plan shall show:
(a) For applications that involve the subdivision of land, requiring a preliminary plat, the two applications of a preliminary plat and a preliminary PUD plan may be combined; a complete submittal shall consist of all materials listed within § 153.082(C) and also shall include the following:
1. Preliminary PUD plan showing layout of entire proposed PUD, including any proposed phasing;
2. Building plan showing proposed building locations, lot area, building setbacks, building height; and
3. Description of any additional flexibility, including but not limited to: private streets and other common areas, uses and development standards.
(b) For applications that do not require a concurrent preliminary plat, the preliminary PUD plan submittal shall include the following:
1. Preliminary PUD plan showing layout of entire proposed PUD, including any proposed phasing;
2. Building plan showing proposed building locations, lot area, building setbacks, building height;
3. Description of any additional flexibility, including but not limited to: private streets and other common areas, uses and development standards; and
4. Preliminary civil plans:
a. Grading plan and details, erosion control plan and seeding plan;
b. Sanitary and watermain plan;
c. Storm sewer schedule and construction plan;
d. Draintile plan (if applicable);
e. Street construction plan;
f. Lighting and signage plan;
g. Street and utility details; and
h. Landscaping and open space plan.
(2) Review process.
(a) Application distributed. When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall distribute the application and exhibits to any applicable city staff, officials and other government agencies for review and comment.
(b) Hearing on application.
1. When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J); and
2. The Planning and Zoning Commission shall hold the public hearing and may table the application if necessary to study the application to determine possible adverse effects of the proposed PUD and determine what additional requirements may be necessary to reduce any adverse effects.
(c) Review and decision of the preliminary PUD plan.
1. Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the preliminary PUD plan and shall transmit the plan and application along with its recommendations to the City Council;
2. Upon receiving a recommendation from the Planning and Zoning Commission, the City Council shall review and approve, approve conditionally or deny the preliminary PUD plan application.
3. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval;
4. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof; and
5. Criteria for review. The City Council shall base its actions regarding a Preliminary PUD Plan upon the following criteria:
a. Compatibility of the PUD with the standards, purposes and intent of this chapter;
b. Consistency of the PUD with the comprehensive plan’s vision, mission, values and policies;
c. The impact of the plan on the neighborhood in which it is to be located;
d. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, sidewalks, trails, buffering and landscaping; and
e. Other factors as the city deems relevant.
(d) Effect of preliminary PUD plan decision.
1. Approval of the preliminary PUD plan by the Council shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. While approval of the preliminary PUD plan shall establish the basic right of use for the area in conformity with the plan as approved, such plan shall be conditioned upon approval of a final PUD plan and shall not make permissible any of the uses as proposed until a final PUD plan is submitted and approved for all or a portion of the preliminary PUD plan; and
2. The applicant shall submit the final PUD plan to the City Council within one year after the approval of the preliminary PUD plan or approval of the preliminary PUD plan shall be considered void unless an extension is requested in writing by the applicant and granted by the City Council.
(e) Publishing and recording of rezoning and text amendment.
1. A copy of the amended ordinance, or a summary publication as may be approved, shall be published in the local newspaper;
2. The City Clerk shall maintain a record of all ordinances and amended ordinances related to this Title;
a. The ordinances shall be reflected in online codification, which may be updated periodically;
b. Copies of ordinances which have been adopted but not yet reflected in online codification shall be listed on the city’s website and available at City Hall for public viewing.
3. The Zoning Administrator shall record any changes to the Official Zoning Map, which may be updated online periodically.
a. A list of properties approved for rezoning but not yet reflected in the online copy of the Official Zoning Map shall be maintained by the Zoning Administrator and available at City Hall for public viewing; and
b. The city shall maintain a record of all amendments to the zoning map for specific properties within a file for that specific property. A record of applications which were not approved shall also be maintained for record keeping purposes.
(f) Effect of approval. The approved rezoning and text amendment shall be in effect on the publication date of the ordinance in the local newspaper, unless otherwise noted within the ordinance language.
(D) Final PUD plan.
(1) Applicability.
(a) An approved preliminary PUD plan shall be on file with the city prior to applying for a final PUD plan that substantially conforms to the preliminary PUD plan. Substantial conformance means:
1. The buildings, parking areas and roads are in essentially the same location as previously approved;
2. Open space has not been decreased or altered significantly from its original design or use;
3. The number of dwelling units, if any, has not increased or decreased by more than five percent;
4. The floor area of nonresidential areas has not been increased or decreased by more than five percent;
5. No building has been increased in the number of floors; and
6. Lot coverage of any individual building has not been increased or decreased by more than ten percent.
(c) The final PUD plan may, if permitted by the City Council, constitute only that portion of the approved preliminary PUD plan which the applicant proposes to record at the time.
(2) Submittal. A complete final PUD plan application shall contain finalized versions of all preliminary PUD plan items listed in § 154.070
(C)(2), meeting all additional conditions of approval of the City Council and within substantial compliance of the approved preliminary PUD plan listed in § 154.070
(D)(1)(a).
(3) Review process and decision.
(a) Application distributed. When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall distribute the application and exhibits to any applicable city staff, officials and other government agencies for review and comment.
(b) Review and decision.
1. The City Council shall review and approve, approve conditionally or deny the final plan application;
2. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval; and
3. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.
(c) Recording of final PUD plan.
1. No building permit shall be issued or development shall occur on land for which a PUD district has been approved which does not conform to the approved final PUD plan;
2. After the final PUD plan has been approved by the City Council, all conditions of approval have been met, and required improvements are either installed or a contract and sureties ensuring their installation is filed, the applicant shall file the final PUD plan with the County Recorder. Recording of the final PUD pan and all associated conditions of approval must be completed within one year of final approval. Failure to do so shall result in the requiring of a new preliminary PUD plan which must be reviewed in accordance with the procedure set out in this subchapter to ensure compliance with any new requirements;
3. If, within one year following City Council approval of the final PUD plan, no building permits have been obtained or, if within one year after the issuance of building permits, no construction has commenced on the subject property approved for the PUD District, the zoning for the parcel(s) shall revert back to the original zoning and the PUD designation shall be declared null and void; and
4. Prior to the expiration of the initial one year period, the City Council may upon request of the property owner and by resolution and findings of fact, extend the above noted time frame for a period not to exceed an additional one year.
(E) Amendment. Proposed development of land for which a PUD has been approved or modifications to existing project which do not conform to the approved final PUD plan shall be processed as an amendment.
(2) Minor amendments meeting the substantial conformance of § 154.070(D)(1)(a) may be reviewed and approved by the City Council.
(Ord. 879, passed 10-28-2020)