This section describes the procedures to be followed in making application for a Planned Unit Development District and in reviewing such development plans as required by this section.
(a) Before filing any application for a Planned Unit Development, the prospective applicant shall submit to the Site Plan Review Committee a description of his development intentions, including sketches and basic site information, for consideration and advice as to the relation of his intentions to general developmental objectives to be attained in the area and as to the policies of the Planning Commission and Council with references thereto, for the purpose of speeding up the ensuing review process.
(b) Application for a Planned Unit Development District shall be made in the following manner:
(1) An "Application for Zoning Change" shall be completed by the prospective applicant and filed with the Director of Community Development for review by the Planning Commission.
(2) Ten copies of the "Preliminary Development Plan" shall also accompany the Application for Zoning Change. The Preliminary Development Plan shall contain the following data:
A. Written documents.
1. A legal description of the total site proposed for development.
2. Title Insurance Policy (for Attorney's Certificate) showing the ownership of the subject property, marketable title in such ownership, the source of the applicant's title or interest, and the record of the latest instrument in the claim of title for each parcel constituting the tract. Property under legal option to the applicant will also constitute an acceptable tract provided the applicant has the notorized approval of the owner. The rezoning of the tract to R-PUD will not take effect until ownership of the land is actually transferred to the applicant.
3. The names and addresses of all owners of property lying within 200 feet of any part of the proposed PUD-district.
4. A statement of planning objectives to be achieved by the PUD and a statement showing the relationship of the PUD to the Future Land Use Plan of the City and paying particular attention to the need and feasibility of housing, business, office, recreation and community facilities; how the proposed district will alleviate the need for additional developed recreational and open space in the neighborhood; how traffic will be served and congestion restrained; and how access, convenience and safety will equal or exceed the City's requirements.
5. A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.
6. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, etc.
7. Quantative date for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate residential densities by dwelling unit type; total amount of open space; including a separate figure for usable open space; total amount of nonresidential construction; including a separate figure for commercial or institutional facilities.
B. Site Plan and Supporting Maps. A site plan and any maps to show the major details of the proposed PUD must contain the following minimum information:
1. A vicinity map at a scale of not more than 600 feet to the inch to show all existing subdivisions, streets and tract lines of out lots over five acres and zoning of area immediately adjoining the proposed PUD.
2. A topographic map with contours of not more than five feet if ground slope is in excess of four percent (4%) and two feet if ground slope is less than four percent (4%) and a scale of 1" = 50' horizontal.
3. The existing site conditions including water courses, flood plains, unique natural features and forest cover. Also any subsurface conditions that are not typical, such as abandoned mines, if this data is known and available.
4. Proposed lot lines including the estimated area of irregularly shaped lots.
5. Proposed location of all residential structures including type of dwelling unit, floor area size, maximum heights, number of floors and propose setbacks.
6. Proposed location of all nonresidential land uses including recreational, cultural and commercial facilities and structures, as well as the proposed floor area size, maximum heights, number of floors and street setbacks.
7. The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate.
8. The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating proposed treatments of points of conflict.
9. The existing and proposed utility system, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.
10. The location and size in acres of square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, and other similar public and semi-public uses.
11. A general landscape plan indicating the treatment of materials used for private and common open spaces.
12. A grading plan showing the proposed change of topography. The Planning Commission shall inquire into the means whereby trees and other natural features will be protected during construction in order to insure preservation and prevent despoilation of the character of the area to be retained as common open space.
13. The proposed treatment of the perimeter of the PUD including materials and techniques used such as screens, fences and walls.
(c) Before granting approval of the Preliminary Development Plan, the Planning Commission must determine, on the basis of appropriate and adequately documented data submitted by the applicant and by appropriate sources, that the developer possesses the qualifications and financial resources to acquire and develop the land in accordance with the requirements incorporated herein. Adequately documented data includes information from banks and other sources itemizing assets, liabilities, and net worth, plus at least one credit report from a reliable credit reporting agency.
(d) Upon determination by the Planning Commission that both the Application and the Preliminary Development Plan meet all requirements incorporated herein, the Commission will transmit its recommendation to Council. If and when Council determines that the requirements have been met, Council shall establish the R-PUD District.
(e) The Final Development Plan of the R-PUD District shall be submitted within one year after establishment of the R-PUD District; otherwise all previous approvals shall be deemed to be revoked and that portion of the area included in the development plan for which final approval has not been given shall be subject to the zoning and subdivision regulations otherwise applicable thereto. The Final Development Plan shall contain all of the information required for the Preliminary Development Plan in its finalized, detailed form. This includes site plans sufficient for recording the engineering drawings. All schematic plans presented in the Preliminary Development Plan, such as a landscape plan, must be presented in their detailed form. Any final plats or public dedication documents must also be submitted. Engineering drawings of cross sections, street standards and utilities shall show the approval of the City Engineer. The Final Development Plan shall be deemed in substantial compliance with the Preliminary Development Plan, provided modification by the applicant does not involve a change of one or more of the following:
(1) Violate provisions of this chapter.
(2) Vary the lot areas by more than ten percent (10%).
(3) Involve a reduction of more than ten percent (10%) of the area reserved for common open space and/or usable open space.
(4) Increase the floor area proposed for nonresidential use by more than ten percent (10%).
(5) Increase the total ground area covered by buildings by more than ten percent (10%).
The aforementioned modifications are acceptable provided the density and open space requirements as incorporated in the Zoning Ordinance are adhered to.
(f) The Planning Commission, when reviewing the Final Development Plan, shall consider for approval all areas designated as common open space. Such approval shall be subject to the submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, and communally owned facilities. No such instrument shall be acceptable until approved by the Law Director as to legal form and effect, and by the Planning Commission as to suitability for the proposed use of open spaces. Alternate arrangements for the ownership, management and continued integrity of the common open space including the following:
(1) By agreement with the Municipality, the developer may dedicate the common open space to a special service district established for the PUD on the basis of which the Municipality shall provide the necessary maintenance service and levy the cost thereof as a special assessment on the tax bills of properties within the PUD. The manner of assessing such cost to individual properties shall be determined prior to the approval of the Final Development Plan and shall be included in the title of each property.
(2) The common open space can be deeded to a Homeowners' Association, in which case the developer shall file a declaration of covenants and restrictions that will govern the Association. Such declaration shall be submitted with the Final Development Plan for review and approval by the Planning Commission, such approval to be based on a written opinion from the Law Director.
A. If the common space is conveyed to the Homeowners' Association, either one of the following methods of insuring the continued integrity of the common open space must be provided:
1. The legal right to develop the common open space for the uses not specified in the Final Development Plan must be conveyed to a local public agency.
2. The restrictions governing the use, improvement and maintenance of the common open space must be stated as conditions to the conveyance of the common open space, the fee title to the common open space to vest in a public agency in the event of a substantial default in the stated condition.
B. If the common open space is conveyed to a Homeowners' Association, the covenants governing the use, improvement and maintenance of the common open space may authorize a public agency to enforce their provisions according to the following:
When the Planning Commission determines that the public interest requires assurance as to the adequate maintenance of common open space areas, it will so advise Council who may require that the covenants creating such organization shall provide that in the event the organization established to own and maintain common open space, or any successor, fail to maintain the space in reasonable order and condition in accordance with the development plan, the City may serve notice upon such organization that such deficiencies be corrected within thirty days, or any reasonable extension, thereof. Then, in order to preserve the taxable values and any City owned utilities in the neighborhood and to prevent the common open space from becoming a public nuisance, the City may enter upon such common open space and correct the deficiencies and charge therefore. The covenants creating such organization shall further provide that the cost of such maintenance by the City shall be assessed ratably against the properties within the development, and shall become a charge of the properties, and such charge on the properties shall be payable as provided by law.
(g) The Planning Commission may require a performance bond be furnished and filed with the City Engineer for private improvements. An escrow agreement and account approved by the Law Director as to form and content and by the Planning Commission shall be required in the amount of one hundred twenty-five percent (125%) of the estimated construction cost and engineering. These funds may be dispersed upon certification by the Project Engineer and by the City acting through the Director of Public Works. Such escrow shall accompany the request for final approval to insure completion of all public site improvement, landscaping, planting and screening.
(h) Upon determination by the Planning Commission that the Final Development Plan meets all requirements incorporated herein, the Commission will transmit its recommendations to Council for review and approval by Council.
(i) At the time an Application for Rezoning and a Preliminary Development Plan are filed with the Director of Community Development and at the time a Final Development Plan is filed with the Director of Community Development, such fees will be paid as established by Council by Resolution. Such fees will be credited to the General Fund.
(Ord. 14-1975. Passed 3-17-75.)