(1) Overview.
(a) The complete review and approval process for a PUD consists of three elements:
1. Concept plan design review;
2. Zone map change, including a preliminary plan; and
3. Secondary review of a final detailed plan.
(b) To facilitate the use of this PUD District, after completion of the concept plan review, a petitioner may elect to proceed with the zone map change, including a preliminary plan, approval of a final detailed plan, and primary plat approval separately or may elect to combine any or all of those elements for joint approval. If a petitioner elects to combine any or all of those elements, all elements elected to be combined shall be docketed before the Plan Commission for a joint hearing.
(c) If filed separately, the procedure for filing for approval of a zone map change including a preliminary plan shall be the same as that required for any other petition for zone map change before the Plan Commission, except as otherwise provided for in this Article. The procedure for filing for approval of a final detailed plan is set forth in Article 6.1D.
(2) Filing for concept plan review.
(a) The petitioner shall submit a concept plan consisting of:
1. A written description of the proposed preliminary PUD; and
2. A sketch plan for the proposed development, for review by the staff prior to filing a petition for zone map change to the PUD District.
(b) 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 staff’s review may include, but not be limited to, the following:
1. Protection of unique topographical features on the site, including, but not limited to, slopes, streams and natural water features;
2. Protection and preservation of wooded areas, individual trees of significant size, wetlands or other environmentally sensitive features;
3. Development of common open space and recreational areas (passive or active) accessible to the residents or users of the PUD by way of sidewalks, footpaths or combined walkways/bikeways;
4. A more efficient use of the land including the reduction of land area disturbed for utility lines and motor vehicle access;
5. Creation of innovative residential and business environments;
6. Minimize the alteration of the natural site features through the design and situation of individual lots, streets and buildings;
7. Diversity and originality in lot layout;
8. Utilization of individual building designs which achieve an enhanced relationship between the development and the land; and
9. Relationship to surrounding properties.
(c) The Director shall notify the petitioner of any staff comments related to the proposed concept plan within 15 days of the submittal.
(d) The petitioner may modify the proposed concept plan and file a petition for zone map change, including a preliminary plan, after the earlier of:
1. Receipt of comments from the staff; or
2. The expiration of the 15-day period referred to above.
(e) Notwithstanding anything contained in this ordinance 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.
(3) Filing for zone map change, including a preliminary plan, with the Plan Commission.
(a) Filing deadline. All petitions for zone map change, including a preliminary plan, shall be filed at least 45 days prior to the initial public hearing at which they are to be considered by the Plan Commission.
(b) Petition. After completion of the concept plan review, an application for zone map change to the PUD District, which includes a preliminary plan, may be filed with the Plan Commission. All petitions for zone map change to the PUD District shall contain a preliminary plan that satisfies the requirements of set forth below, and shall specify in either general terms or detailed terms the development requirements that will apply to the real property that is included in the petition.
(c) Detailed terms.
1. For a preliminary plan to be deemed to have expressed development requirements in detailed terms, said preliminary plan shall include site plans, building elevations, landscape plans, lighting plans, sign plans or any other plan required by this ordinance in sufficient detail to fulfill the requirements for the issuance of an improvement location permit.
2. If the preliminary plan expresses development requirements in detailed terms, the petitioner may also request approval of a final detailed plan in connection with the approval of the zone map change, provided that any such approval shall be conditioned upon the Town Council adopting the zone map change to the PUD District. The requirements for approval of a final detailed plan are set forth in Article 6.1D below.
(d) 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 be required to file for and obtain approval of a final detailed plan from the Plan Commission, as set forth below, prior to the issuance of an improvement location permit.
(e) Preliminary plan. A preliminary plan filed with the Plan Commission shall satisfy the following requirements:
1. A preliminary plan shall include:
a. A sketch plan which depicts the location of proposed land uses and maximum land use densities (i.e., lot area, floor area, ratio of floor area to lot area, identification of areas in which buildings may be located, open space, setback lines, distance between buildings, height of structures, signs, parking areas, loading areas and landscaping);
b. Proposed layout of streets, open space and other basic elements of the development;
c. Proposals for handling traffic, parking, sewage disposal, drainage, tree preservation and removal, and other pertinent development features;
d. The current zoning of the area proposed to be developed as well as the current zoning of the adjacent land;
e. A proposed breakdown of sections to be contained in the overall development along with a statement as to the order and timing of development;
f. All public and private streets and pedestrian ways within 200 feet of the site;
g. North arrow, written and graphic scale, general location map; and
h. Percentage of site devoted to open space.
2. The preliminary plan, which may be a sketch plan, shall be drawn to a scale of not more than one inch equals 100 feet.
(f) Primary plat. If desired, the petitioner may also file for primary plat approval before the Plan Commission in the manner set forth in the Subdivision Control Ordinance, provided that any such approval shall be conditioned upon the Town Council adopting the zone map change to the PUD District. Said primary plat approval shall be set for a joint hearing before the Plan Commission with the petition for zone map change, including a preliminary plan, and, notwithstanding anything in the Subdivision Control Ordinance to the contrary, shall comply with the 45 filing deadline set forth above.
(4) Determination by the Plan Commission. In its determination of the appropriateness of the proposed PUD and whether to recommend approval of the zone map change, including a preliminary plan, to the Town Council, the Plan Commission shall be guided by the extent to which the proposal:
(a) Accomplishes the intent set forth in Article 6.1A above; and
(b) Provides for the protection or provision of the site features and amenities outlined in Article 6.1C(2) above.
(5) Commitments, conditions or surety.
(a) Commitments. The Plan Commission may require or permit the owner of a parcel of property to make written commitments concerning the use or development of the subject property in connection with the recommendation of approval of a PUD or a final detailed plan secondary approval pursuant to Article 4.15 of this ordinance.
(b) Conditions. Conditions may be imposed on the approval of a PUD District which are reasonably necessary to assure compliance with the permitted use, development requirements, development standards and other minimum requirements of the PUD District Ordinance.
(c) Surety. Bonds 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. Such bond or other written assurance shall be of a form and substance approved by the Town Engineer.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 11-2004, passed 6-14-2004)