(A) Amendment required. The approval of a planned unit development application shall require an amendment to this chapter to revise the zoning map and designate the subject property as "Planned Unit Development Overlay Zone" or "PUD Overlay Zone". Approval granted under this section, including rezoning, if applicable, and all aspects of the final site plan and conditions imposed on it, shall constitute an inseparable part of the PUD approval.
(B) Review procedure.
(1) General. Planned unit development applications shall be submitted in accordance with the following procedures and requirements, which provide for detailed review of planned unit development proposals by the Planning Commission, followed by review and final approval by the City Council:
(2) Pre-application conference.
(a) Prior to the submission of an application for planned unit development approval, the applicant shall meet with the Chairperson of the Planning Commission, the Mayor, and the City Manager, together with such consultants as either the city or the applicant deem appropriate. The City Manager shall invite officials from other departments of the city, or agencies serving the city who might have an interest in the proposed development, or who might assist the city in the review process. The purpose of the meeting is to inform city officials of the concept of the proposed development and to provide the potential applicant with information regarding land development policies, procedures, standards and requirements of the city in terms of the proposed development. Statements made in the course of a pre-application conference shall not be legally binding commitments.
(b) At the pre-application conference (or conferences), the applicant shall submit a general sketch plan of the proposed planned unit development, accompanied by other maps and by written statements sufficient to convey the following information:
1. A legal description of the property in question;
2. A recent map of the site, reflecting area size and boundary line dimensions;
3. The total number of acres and square feet in the project;
4. Existing and proposed land uses and their approximate locations;
5. A statement of the approximate number of residential units, the approximate number and type of nonresidential units, and the approximate number of acres and square feet to be occupied by each type of use;
6. The approximate net residential density and expected final population of the proposed PUD;
7. The number of acres and square feet to be preserved as open or recreational space, and the general location of any such proposed open space or public use areas;
8. Existing floodplains, bodies of water and other unbuildable areas, and all known natural resources and natural features to be preserved;
9. Circulation patterns and emergency vehicle access, including pedestrian walkways and arterial, collector or local streets;
10. An explanation of the character of the PUD, the manner in which it has been planned to take advantage of the PUD regulations, the manner in which it reflects the purpose of planned unit developments as stated in § 154.110, and its conformance to the city’s Comprehensive Plan. The applicant shall detail the modification of the underlined zone to be sought;
11. A statement of ownership or option to purchase of all lands within the proposed PUD;
12. A general indication of the expected schedule of development, including phases of development, if any; and
13. Any other maps plans, site data or information that the applicant wishes to submit to explain the proposed development.
(C) Applicant eligibility. The application shall be submitted by the owner of an interest in land for which planned unit development approval is sought, or by the owner’s designated agent. The applicant or a designated representative should be present at all scheduled review meetings or consideration of the proposal may be tabled.
(D) Application forms and documentation. The application for planned unit development shall be made on the forms provided by the Zoning Administrator and shall conform with the submittal requirements of § 154.114. An application which does not meet submittal requirements shall be considered incomplete and shall not be formally reviewed.
(F) Submission of a completed plan. The planned unit development application materials, required fees, and sufficient copies of the completed site plan shall be submitted to the Zoning Administrator. Once the site plan and all required materials are established as being complete, sufficient copies shall be provided for distribution to each member of the Planning Commission and City Council.
(G) Zoning Administrator. After all application materials have been received and review fees paid, the City Clerk shall initiate the following.
(1) Acceptance for processing. The application shall be placed on the agenda of an upcoming Planning Commission meeting and a public hearing shall be scheduled.
(H) Planning Commission review. The Planning Commission shall conduct a public hearing on a PUD request. The planned unit development proposal and site plan shall be reviewed by the Planning Commission in relation to applicable standards and regulations and for consistency with the intent and intent of the planned unit development concept. In formulating a decision, the Planning Commission shall consider the public hearing findings, any special reports as well as the recommended actions of the Zoning Administrator, city consultants and other reviewing agencies.
(1) Plan revision. If the Planning Commission determines that revisions are necessary to bring the planned unit development proposal into compliance with applicable standards and regulations, the applicants shall be given the opportunity to submit a revised site plan.
(2) Submission of revised plans. Following submission of a revised plan, the planned unit development proposal shall be placed on the agenda of the next scheduled meeting of the Planning Commission for further review and possible action.
(I) Planning Commission determination. The Planning Commission shall make a recommendation to the City Council, based on the requirements and standards of this chapter. The Planning Commission shall recommend approval; approval with conditions; or, denial as follows.
(1) Approval. Upon determination by the Planning Commission that the final site plan for planned unit developments is in compliance with the standards and requirements of this chapter and other applicable ordinance and laws, the Planning Commission shall recommend approval.
(2) Approval with conditions. The Planning Commission may recommend that the City Council impose reasonable conditions with the approval of a planned unit development proposal, to the extent authorized by law, for the following purposes.
(a) To insure that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development;
(b) To protect the natural environment and conserve natural resources and energy;
(c) To insure compatibility with adjacent uses of land;
(d) To promote the use of land in a socially and economically desirable manner;
(e) To protect the public health, safety and welfare of the individuals in the development and those immediately adjacent, and the community as a whole;
(f) To achieve the intent and purpose of this chapter; and
(g) In the event that the planned unit development is approved subject to conditions, such conditions shall become a part of the record of approval, and shall be modified only as provided in § 154.117.
(3) Denial. Upon determination by the Planning Commission that a planned unit development proposal does not comply with the standards and regulations set forth in this chapter, or otherwise would be injurious to the public health, safety, welfare and orderly development of the city, the Planning Commission shall recommend denial.
(4) Preparation of report. The Planning Commission shall prepare and transmit a report to the City Council stating its conclusions and recommendations, the basis for its recommendation, and any recommended conditions relating to an affirmative decision.
(5) Submission of plans for City Council review. After the Planning Commission makes its recommendations, the applicant shall make any required revisions and submit sufficient copies of the revised site plan and supporting materials for City Council review.
(6) Public hearing. Upon receipt of the recommendations of the Planning Commission on the proposed planned unit development plan and application, the City Council shall schedule a public hearing, in accordance with § 154.115 above.
(7) City Council determination. The City Council shall make a determination based on review of the site plan and recommendation of the Planning Commission and the reports and recommendation from the Zoning Administrator, city consultants and other reviewing agencies. Following completion of its review, the City Council shall approve, approve with conditions, or deny a planned unit development proposal in accordance with the guidelines described previously in § 154.113.
(8) Recording of Planning Commission and City Council action. Each action token with respect to a planned unit development shall be duly recorded in the minutes of the Planning Commission and/or City Council, as appropriate. The grounds for the action taken shall also be recorded in the minutes.
(9) Effect of approval. Approval of a planned unit development proposal shall constitute an amendment to the zoning map if the property is not already zoned PUD. All improvements and use of the site shall be in conformity with the approved planned unit development and any conditions imposed. Notice of the adoption of a PUD amendment shall be published in accordance with the requirements set forth in §§ 154.110 through 154.118. The applicant shall record an affidavit with the Register of Deeds containing the legal description of the entire project, specifying the date of approval, and declaring that all future improvements will be carried out in accordance with the approved planned unit development unless an amendment pursuant to § 154.117 is adopted by the City Council upon request by the applicant or his or her successors. If a PUD involves a platted subdivision or master deed for a condominium project, whichever is applicable shall be filed as required by those statues before construction may begin.
(10) Zoning Board of Appeals; authority. The Zoning Board of Appeals shall not have the authority to consider an appeal of a decision by the City Council or Planning Commission concerning a planned unit development proposal.
(11) Application for a building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:
(a) Final approval of the site plan and planned unit development application;
(b) Final approval of the engineering plans;
(c) Acquisition of all other applicable city, county or state permits; and
(d) Receipt of filing of the plat or master deed from the appropriate state agency whichever is applicable.
(12) Expiration of planned unit development approval. Construction must be initiated under a planned unit development approval within one year from date of issuance of a zoning permit therefore. Upon receipt of a written request for an extension, an extension of up to one year may be granted by the Planning Commission if the Planning Commission feels the nature of the problems preventing project initiation are legitimate, and that the approved site plan adequately represents current conditions on and surrounding the site. If the project is not initiated within 24 months of the original approval the PUD is cancelled. Thereafter, the project may proceed only if approved after going through the entire planned unit development process again, starting with a new application. In the event that an approved planned unit development site plan becomes null and void, the city shall initiate proceedings to amend the zoning classification of the site.
(13) Performance guarantee. The Planning Commission or City Council may require that a performance guarantee meeting the requirements of § 154.067 be deposited with the City to ensure faithful completion of any improvements associated with or conditions required by planned unit development approval.
(14) Fees in escrow for professional reviews. For any application for site plan approval, a special land use permit, planned unit development, variance, or other use or activity requiring a permit under this chapter, either the Zoning Administrator or the Planning Commission may require the deposit of fees to be held in escrow in the name of the applicant. An escrow fee may be required for any project with more than ten dwelling units, or more than 10,000 square feet of enclosed space, or which requires more than 20 parking spaces. An escrow fee may be required for any other project which may, in the discretion of the Zoning Administrator or Planning Commission create an identifiable and potentially negative impact on public infrastructure or services, or on adjacent properties and because of which, profession input is desired before a decision to approve, deny or approve with conditions is made.
(Ord. 02-02, passed 2-11-2002)