(A) Applicability.
(1) 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 for unique developments; and ensuring coordination of phased development.
(2) Planned unit developments are processed using a development stage PUD plan and final stage PUD plan process. Concurrent processing with platting shall be allowed as appropriate. The development stage and final stage PUD plan processes can also occur simultaneously when the complexity of the project will allow.
(3) An approved development stage PUD plan shall be on file with the city prior to applying for a final stage PUD plan that substantially conforms to the development stage PUD plan. Substantial conformance means:
(a) The buildings, parking areas and roads are in essentially the same location as previously approved;
(b) Open space has not been decreased or altered more than 10% from its original design or use;
(c) The number of dwelling units, if any, has not increased or decreased by more than 5%;
(d) The floor area of nonresidential areas has not been increased or decreased by more than 5%;
(e) No building has been increased in the number of floors; and
(f) Lot coverage of any individual building has not been increased or decreased by more than 10%.
(4) The final stage PUD plan may, if permitted by the City Council, constitute only that portion of the approved development stage PUD plan which the applicant proposes to record at the time.
(B) Pre-application meeting.
(1) A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is required prior to submitting a development stage PUD plan application.
(2) During the pre-application meeting, staff will determine if the proposed project is eligible for concurrent review of the development and final stage PUD plans.
(3) Applicants may choose to use the concept plan process identified in § 152.05.14 Concept Plan to solicit input from the Planning Commission and City Council prior to submitting a development stage PUD plan.
(C) Submittal.
(1) The application for a development stage or final stage PUD plan shall be filed pursuant to § 151.06.11(D) Application Materials and Fees.
(2) If staff has determined a PUD to be eligible, applicants may apply for concurrent development stage and final stage PUD plan approval by submitting all information required for both applications simultaneously.
(3) The application for a final stage PUD plan shall be submitted no later than one year after the date of approval of the development stage PUD plan; otherwise the development stage PUD plan and final stage PUD plan will be considered void unless an extension is requested in writing by the applicant and granted by the city.
(4) The final stage PUD plan shall cover at least 20% of the area approved by the development stage PUD plan unless otherwise allowed by the City Council due to unique circumstances of the development stage PUD plan.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.
(2) Public hearing.
(a) The Planning Commission shall hold a public hearing on the development stage PUD plan in accordance with § 151.06.11(G) Public Hearing.
(b) A public hearing is not required for a final stage PUD plan; however, the City Council may set a public hearing if it is deemed to be necessary.
(3) Decision.
(a) Development stage PUD plan.
1. Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the development stage PUD plan and shall transmit the plan and application along with its recommendations to the City Council.
2. The Planning Commission may hold the matter in abeyance if there is incomplete or inadequate information.
3. Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the development stage PUD plan application.
4. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
5. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.
(b) Final stage PUD plan.
1. The City Council shall review and approve, approve conditionally, or deny the final stage plan application.
2. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
3. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.
(E) Criteria for review.
(1) The City Council shall base its actions regarding a development stage 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 adequacy of internal site organization, circulation, parking facilities, public facilities, recreational areas, open spaces, sidewalks, trails, buffering and landscaping; and
(d) Other factors as the city deems relevant.
(2) The City Council shall base its actions regarding a final stage PUD plan upon the following criteria:
(a) Substantial conformance with the approved development stage PUD plan and all conditions of approval;
(b) Conformance with this Title and all other applicable ordinances, rules, and regulations; and
(c) Consistency with the Comprehensive Plan’s vision, mission, values, and policies.
(F) Effect of development stage PUD plan decision.
(1) Approval of the development stage 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 development stage 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 stage PUD plan and shall not make permissible any of the uses as proposed until a final stage PUD plan is submitted and approved for all or a portion of the development stage PUD plan.
(2) The applicant shall submit the final stage PUD plan to the City Council within one year after the approval of the development stage PUD plan or approval of the development stage PUD plan shall be considered void.
(G) Recording of final stage PUD plan.
(1) All approved PUD districts shall be designated on the city’s zoning map as it is revised from time to time.
(2) 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 plan.
(3) After the final stage 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 insuring their installation is filed, the city shall file the final plan with the County Recorder. Recording of the final stage PUD plan 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 development stage PUD plan which must be reviewed in accordance with the procedure set out in this part to ensure compliance with any new requirements.
(4) If, within one year following City Council approval of the final stage 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.
Prior to the expiration of any timeframe, the City Council may, upon request of the property owner and by resolution and findings of fact, approve extensions of any timeframe in up to 12 month increments.
(Ord. 20220120-01, passed 1-20-22)