(A) Generally.
(1) The complete review and approval process for a Planned Unit Development consists of 3 elements:
(a) Concept plan review;
(b) Zone map change and preliminary plan approval; and
(c) Secondary approval.
(2) To facilitate the use of this PUD District, a petitioner may elect to proceed with each element listed above separately or may elect to combine certain elements for joint approval as set forth in division (D)(2), below. If a petitioner elects to combine certain elements, all elements elected to be combined shall be docketed before the Area Plan Commission for a joint hearing.
(3) If filed separately, the procedure for filing for approval of a zone map change shall be the same as that required for any other petition for zone map change before the Area Plan Commission, except as otherwise provided for in this section. The procedure for filing for secondary approval is set forth in this section.
(B) Filing of a concept plan for review by staff.
(1) The petitioner shall submit a concept plan, which may be supplemented with a written description of the proposed PUD, for review by the staff prior to filing a petition for zone map change to the PUD District.
(2) Staff shall review the proposed concept plan taking into consideration information regarding the terrain of the site and any unique natural features of the site. In doing so, the review by staff may include, but shall not be limited to, the following:
(a) Protection of unique topographical features on the site, including, but not limited to, slopes, streams, natural water features, floodways, floodplains, and regulated drains;
(b) Protection and preservation of wooded areas, individual trees of significant size, wetlands, or other environmentally sensitive features;
(c) Development of common areas, open space or recreational areas (passive or active) accessible to the residents or users of the PUD by way of sidewalks, footpaths, or combined walkways/bikeways;
(d) A more efficient use of the land including the reduction of land area disturbed for utility lines and motor vehicle access;
(e) Creation of innovative residential and business environments;
(f) Minimize the alteration of the natural site features through the design and situation of individual lots, streets, and buildings;
(g) Diversity and originality in lot layout;
(h) Utilization of individual building designs which achieve an enhanced relationship between the development and the land;
(i) The extent to which a project is not otherwise provided for by any primary zoning district without significant variances of permitted use regulations or development standards; and
(j) Relationship to surrounding properties.
(3) The Executive Director shall notify the petitioner of any staff comments related to the design of the proposed concept plan submitted for review within 15 business days of the submittal. Upon receipt of staff comments, the petitioner may either: modify the proposed concept plan and resubmit a revised concept plan for a second round of review by staff; or file a petition for zone map change as set forth below.
(4) Notwithstanding anything contained in this chapter to the contrary, neither the staff’s review of the proposed concept plan submitted for review nor staff’s comments to the petitioner relating thereto shall be considered a denial, approval, or decision concerning the proposed concept plan.
(C) Filing petition for zone map change.
(1) Petition. A PUD District ordinance petition shall contain a preliminary plan that satisfies the requirements below, and shall specify in either general terms or detailed terms the permitted uses and development standards that will apply to the real property included in the petition.
(2) Detailed terms. A preliminary plan which includes a detailed description of all development requirements that apply to the proposed PUD on any of the site plans, building elevations, landscape plans, sign plans, or any other plan required by this chapter in sufficient detail to fulfill the requirements for the issuance of an improvement location permit, shall be deemed to have expressed, in detailed terms, the development requirements that apply.
(3) General terms. All preliminary plans or submittals which do not comply with the requirements above for detailed terms shall be deemed to have expressed the development requirements that apply to the proposed PUD in general terms only and shall require the secondary approval, as set forth below, prior to the issuance of an improvement location permit.
(4) Preliminary plan. A preliminary plan shall satisfy the following requirements:
(a) Preliminary plan contents:
1. A drawing, map, plan, or other graphic representation of the overall development which:
a. Depicts the location of proposed land uses and maximum land use densities; and
b. Expresses development standards in either general terms or detailed terms.
2. Proposed layout of streets, open space, and other basic elements of the development;
3. Proposals for handling traffic, parking, sewage disposal, drainage, tree preservation, and other pertinent development features;
4. The current zoning of the area proposed to be developed as well as the current zoning of the adjacent land;
5. A proposed breakdown of sections to be contained in the overall development along with a statement as to the order and timing of development;
6. All public and private streets and pedestrian ways within 200 feet of the site;
7. North arrow, written and graphic scale, general location map; and
8. Percentage of site devoted to open space.
(b) The preliminary plan shall be drawn to a scale of not more than 1 inch=100 feet and shall be on plan sheets that shall not exceed 24 inches by 36 inches in size.
(c) Determination by the Area Plan Commission: In its determination of the appropriateness of the proposed PUD and whether to recommend approval of the zone map change to the Town Council, the Area Plan Commission shall pay reasonable regard to the extent to which the proposal:
1. Accomplishes the intent set forth in § 152.165, above; and
2. Provides for the protection or provision of the site features and amenities outlined in division (B), above.
(D) Preliminary plan approval and secondary approval.
(1) Preliminary plan approval. If the preliminary plan expresses development standards in general terms, as described above, secondary approval as set forth in division (F) of this section, below, shall be required prior to the issuance of an improvement location permit for any development pursuant to the PUD District ordinance.
(2) Combined preliminary plan approval and secondary approval. If the preliminary plan expresses development standards in detailed terms, as described above, the petitioner may also request secondary approval in connection with the approval of the zone map change to the PUD District, provided that any such approval shall be conditioned upon the Town Council adopting the zone map change to the PUD District. The requirements for a secondary approval are set forth in division (F), below. If the preliminary plan expresses the development standards in detailed terms, as described above, the PUD District ordinance must specify any plan documentation or supporting information that must be supplied before an improvement location permit may be issued for development of real property in the Planned Unit Development District.
(E) Commitments, conditions or surety.
(1) Commitments. Commitments may be permitted or required of the owner of the real property in connection with: a zone map change for a PUD District; a secondary approval of a PUD; or a modification of permitted uses or development requirements of a PUD, as set forth in § 152.366(D).
(2) Conditions. Conditions may be imposed on the approval of a PUD District which are reasonably necessary to assure compliance with the permitted use, development standards and minimum requirements of the PUD District ordinance.
(3) Surety. Bonds, letters of credit or other written assurance may be required which are reasonably necessary to guarantee the timely completion of a public improvement required by the proposed by the PUD District ordinance. The bond, letter of credit, or other written assurance shall be satisfactory to the Executive Director, shall run to the Board of Public Works and shall be provided prior to the issuance of permits required for the public improvement.
(F) Secondary approval.
(1) Secondary approval required. Secondary approval is required in the PUD District as a prerequisite to the issuance of an improvement location permit for development of any real property in the district.
(2) Secondary approval.
(a) Secondary approval authority is hereby delegated to the Executive Director. The Executive Director shall have a period of not more than 15 business days in which to review the proposed secondary approval application and either:
1. Render a decision of approval or denial concerning the secondary approval; or
2. Request, in writing, additional information from the applicant. If additional information is requested, the Executive Director shall have an additional period of 15 business days to review the information from the date the requested information is received.
(b) The Executive Director may seek the advice and comment of the Executive Committee of the Area Plan Commission or other staff members, as deemed appropriate, prior to making a decision.
(c) Any decision of the Executive Director under this chapter, may be appealed by any interested party to the Area Plan Commission in accordance with the procedures of § 152.171.
(d) If, in the sole discretion of the Executive Director, there are questions regarding how the application for secondary approval fulfills the intent of the PUD District ordinance or how the secondary approval expresses in detailed terms the general terms approved as part of the preliminary plan and zone map change to the PUD District, the Executive Director may refer the proposed secondary approval to the Area Plan Commission for review and determination.
(3) Proceedings/notice. The proceedings required for secondary approval shall be the same as those required by this Zoning Ordinance for the review and issuance of an improvement location permit.
(4) Supporting documentation.
(a) Before the issuance of a secondary approval, the petitioner must file an application requesting secondary approval and submit plans consisting of the following:
1. Area map insert showing the general location of the proposed development referenced to major streets and section lines;
2. Location map showing the names of all metes and bounds property owners, boundary lines of recorded subdivisions, zoning, and land uses of adjacent properties;
3. Proposed name of the PUD;
4. Legal description of the real estate;
5. Boundary lines of the proposed PUD;
6. Location and name of all existing and proposed public or private streets, roads, access easements, and rights-of-way within 200 feet of the real estate;
7. Location of all existing and proposed utility facilities and easements, including, but not limited to: sanitary sewer, water, storm water management, electric, gas, telephone and cable within 200 feet of the real estate;
8. Layout, number, and dimension of all lots and out lots with zoning setback lines;
9. Location, delineation, and elevation of all floodway and floodway fringe areas within the boundaries of the PUD;
10. Drainage plan;
11. Landscape plan;
12. Sign plan;
13. An erosion control plan for all areas of site disturbance;
14. Topographic contour every 2 feet superimposed upon the proposed site plan portion of the site covered by the submitted plans;
15. Proposed elevation of all building pads within the proposed development;
16. All improvements to street system, on-site and off-site;
17. Sidewalk plan or alternate plan for walkways or other pedestrian ways;
18. Plans and specifications for all infrastructure improvements required or proposed in the PUD;
19. Areas reserved for park, conservation, wetland, common area, lake, or other similar uses;
20. Proposed covenants, conditions, and restrictions, if any;
21. The character and approximate density of all proposed uses and structures in the plan area;
22. Any other information specified elsewhere in this chapter as a prerequisite to the issuance of an improvement location permit; and
23. Any other information requested in writing by the Executive Director or Area Plan Commission in connection with the preliminary plan approval or requested in writing by the Executive Director within 15 business days of filing.
(b) The Area Plan Commission or Executive Director, during secondary approval review, shall specify any additional plan documentation or supporting information beyond that required by this division (F), which must be supplied before an improvement location permit may be issued for the development of any real estate located in the PUD District.
(5) Required findings.
(a) The Area Plan Commission or Executive Director may issue a secondary approval only upon a finding that:
1. The plans submitted for secondary approval satisfy the permitted uses and development standards specified in the PUD District ordinance establishing the PUD District;
2. The plans submitted for secondary approval accomplish the intent set forth in § 152.165, above; and
3. The plans submitted for secondary approval provide for the protection or provision of the site features and amenities outlined in division (B), above.
(b) Written findings of each determination to approve or disapprove a secondary approval. If the Area Plan Commission makes a determination regarding a secondary approval, the written findings shall be signed by the President of the Area Plan Commission. If the Executive Director makes a determination regarding a secondary approval, the written findings shall be signed by the Executive Director.
(c) The secondary approval and written findings, upon approval, shall be sealed with the Seal of the Area Plan Commission and retained in the office of the Area Plan Commission to be used in its continuing administration of the PUD.
(Ord. 1221, § 6(c), passed 1-26-2010)