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A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian circulation, landscaping, and open spaces.
(Ord. 2018-290, passed 11-29-2018)
(A) Concept/sketch plan. Prior to the filing of a formal application, the applicant shall submit a concept/sketch plan of the project to the City Planner/Zoning Administrator. A concept/sketch plan shall be processed according to the information requirements, standards, and procedures for concept/sketch plans as established by § 153.066.
(B) Development stage plan. Development stage submissions shall depict and outline the proposed implementation of the concept/sketch plan stage for the PUD. Information from the concept/sketch plan stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include, but not be limited to, the submission requirements stipulated in § 153.066.
(C) Final stage plan. After approval of the development stage plan, the applicant may apply for final plan approval for all or a portion of the PUD. The applicant shall submit the following material for review by and approval of the City Planner/Zoning Administrator prior to issuance of any building permit(s):
(1) If the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD;
(2) Development plans in final form, based on the approved development stage plan, covering that portion of the PUD where building permits will be requested under the phasing plan;
(3) Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility;
(4) All certificates, seals, and signatures required for the dedication of land and recordation of documents;
(5) Final architectural working drawings of all structures;
(6) A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a development contract agreement for the installation of such improvements and financial guarantees for the completion of such improvements; and
(7) Any other plan, agreements, or specifications necessary for the City Planner/Zoning Administrator to review the proposed final plan.
(D) Processing.
(1) Pre-application meeting. Prior to the filing of an application for PUD, the applicant of the proposed PUD is encouraged to arrange for and attend a meeting with the City Planner/Zoning Administrator. 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 his proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys, and other data.
(2) Concept/sketch plan. Prior to the filing of a formal application, the applicant shall submit a concept/sketch plan of the project to the City Planner/Zoning Administrator. A concept/sketch plan will be processed according to the information requirements, standards, and procedures for concept/sketch plans as established by division (A) of this section.
(3) Development stage.
(a) Application procedure. PUD zoning applications shall be processed according to the evaluation criteria and procedures outlined in § 153.024.
(b) Information requirements.
1. The information required for all PUD development stage plan applications shall be as specified in § 153.066.
2. The City Planner/Zoning Administrator, Planning Commission, and/or City Council may excuse an applicant from submitting any specific item of information or document required by this division which it finds to be unnecessary to the consideration of the specific PUD being considered.
(c) Zoning enactment. A rezoning of a parcel of land to PUD shall not become effective until such time as the City Council approves an ordinance reflecting said amendment, which shall take place at the time the City Council approves the development stage plan.
(4) Final stage. After approval of a development stage plan for all or a portion of the proposed PUD, the applicant shall submit the materials outlined in division (C) of this section for review by the City Planner/Zoning Administrator prior to issuance of a building permit(s).
(Ord. 2018-290, passed 11-29-2018)
The City Council may require periodic review of a PUD as a condition to approval of a PUD development stage plan in order to ensure compliance with the conditions of the PUD. At such time, the City Council may, at its discretion, choose to take additional testimony on the PUD.
(Ord. 2018-290, passed 11-29-2018)
(A) Minor plan modifications/amendments. Plan modifications/amendments qualifying as minor may be processed as an administrate permit and approved by the City Administrator or his/her designee.
(B) Major plan modification/amendments. The same review procedure shall be followed for a major modification/amendment of a PUD as was followed with respect to the applicant's development stage plan.
(Ord. 2018-290, passed 11-29-2018)
(A) Records kept. The City Planner/Zoning Administrator shall maintain a record of all PUD Districts and ordinances approved by the city, including information on a project's allowed uses, all pertinent project plans, any conditions imposed on a project by the City Council, and such other information as the City Planner/Zoning Administrator may deem appropriate.
(B) Withdrawal of application. Any application under this chapter may be withdrawn by an applicant without prejudice at any time prior to final City Council action thereon.
(C) Platting of a PUD. In the event that a PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such PUD shall be platted under the platting procedures of Chapter 152, Subdivisions, and the related requirements of the county. The preliminary plat shall be processed in conjunction with the development stage plan as outlined in § 154.06(D)(3). A separate action on the final plat shall be processed before the City Council prior to or in conjunction with the final stage of the PUD.
(D) Conveyance of property within a PUD. In the event that any real property within an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this division shall be construed as to make such conveyed property nonconforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the development plan for a project.
(E) Agreement/financial guarantee. Following the approval of the development plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the PUD, and shall also provide such financial guarantees as the city requires or deems necessary. Such agreement may take the form of:
(1) A development contract; and/or
(2) Site improvement performance agreement; and/or
(3) Another form of legally binding instrument as may be required by the city.
(Ord. 2018-290, passed 11-29-2018)
(A) PUDs which pre-date the adoption of this chapter, as listed below, shall remain in force except as otherwise amended.
(1) Ord. 2004-157 - Harmony (Centennial) Meadows Planned Unit Development;
(2) Ord. 2005-163 - Eagle Creek Planned Unit Development;
(3) Ord. 2006-204 - Villas of Willow Creek Heights Planned Unit Development;
(4) Ord. 2015-263 - Villas of Willow Creek Heights II Planned Unit Development; and
(5) Ord. 2016-271 - Villas of Willow Creek Heights III Planned Unit Development
(B) PUDs and associated ordinances which pre-date the adoption of this chapter, as listed below, are hereby deleted and no longer of any force or effect.
(1) Ord. 2007-211 - Rolling Ridge Market Place (CIC #62) PUD; and
(2) Ord. 2016-269 - Overlay Zoning Districts and Rolling Ridge Market Place PUD.
(Ord. 2018-290, passed 11-29-2018)
PUDs which do not pre-date the adoption of this chapter and their approved entitlements are listed in the Table of Special Ordinances, Table IV: Other Special Ordinances.
(Ord. 2018-290, passed 11-29-2018)