1213.09 PLANNED DEVELOPMENT (PUD and SLID) REVIEW.
A. Purpose. A planned development is a unified project permitted in a Planned Unit Development (PUD) Overlay District or in a Small Lot Infill Development (SLID) Overlay District. In order to determine compliance with the standards in Chapter 1242 or Chapter 1244 as applicable all proposed PUDs and SLIDs shall be reviewed according to the procedures in this section.
B. Pre-Application Meeting
1. Purpose of the Pre-Application Meeting. Prior to filing a formal application for review of a PUD or a SLID, the applicant may choose, or the Zoning Administrator may require the applicant, to meet with the Zoning Administrator to review the general concept of the proposed development, the policies and requirements of the PUD Overlay District or SLID Overlay District as applicable and the procedures for review.
2. Meeting Submission Requirements. The applicant should come to the pre-application meeting prepared to provide the Zoning Administrator with sufficient information regarding the proposal so that the Zoning Administrator can provide helpful feedback to the applicant. At a minimum the applicant shall provide:
a. Conceptual Plan: A scaled drawing of the site, in simple sketch form, showing the proposed location and extent of the land uses, major streets, lots, and other features as they relate to the site.
b. Evidence of control of the property such as lease, option or purchase agreement, or written permission of the property owner(s).
C. Administrative Review. Administrative review of an application for a proposed PUD/SLID is required for the purposes of establishing the basic goals and policies of the proposed planned development and determining the layout, design and other elements of the final plan to be submitted for formal review by the City Planning Commission and City Council.
1. Application. An application for a PUD/SLID shall be filed with the Zoning Administrator on a prescribed form. The application shall be accompanied by payment of the required fee and the proposed development plan, which shall include the following plans, data and information, unless an item is determined by the Zoning Administrator to be inapplicable or unnecessary::
a. Site plans of the PUD/SLID shall be prepared at a scale considered appropriate by the Zoning Administrator, and shall show such designations as all proposed buildings (indicating total square footage and number of dwelling units in each), their yards and their use, common open space, recreation facilities, parking areas, service areas, conceptual landscaping elements and other facilities to indicate the character of the proposed development.
b. Outline of development standards governing the proposed PUD/SLID: Identification of the bulk standards utilized in the proposed PUD/SLID, and an explanation of how the standards comply with the requirements of Chapter 1242 or 1244 as applicable, the underlying zoning district and other applicable regulations of the City.
c. Character: Explanation of the character of the PUD/SLID and the reasons why it has been planned to take advantage of the flexibility of the Overlay District regulations. This item shall include preliminary architectural designs that are representative of the planned development and a specific explanation of how the proposed PUD/SLID meets the objectives of all adopted land use policies which affect the land in question.
d. For sites larger than one acre, preliminary plans indicating compliance with storm water management requirements.
e. Ownership: Statement of present and proposed ownership of all land within the project including the beneficial owners of a land trust.
f. Schedule: Development schedule indicating:
(1) Stages in which the project will be built, with emphasis on area, density, and uses to be developed with each stage.
(2) Anticipated dates for beginning and completion of each stage.
2. Departmental Review. The Zoning Administrator or designee shall coordinate a review of the application and its supporting materials by all relevant Departments.
3. Work Session with City Planning Commission and/or Architectural Board of Review. The applicant may choose to, or the Zoning Administrator may require the applicant to, meet with the City Planning Commission and/or the Architectural Board of Review at a work session(s) to review the proposed PUD/SLID. The purpose of the work session is to provide the opportunity for the City Planning Commission and/or the Architectural Board of Review to review the proposed PUD/SLID development and any recommendations from the Zoning Administrator, and provide the applicant with specific guidance for preparing the Final Plan.
D. Neighborhood Meeting. Once the applicant has received input and guidance from the Staff, City Planning Commission and Architectural Board of Review as applicable, the applicant shall hold a meeting of neighborhood residents for the neighborhood that will be affected by the development at a time, place and by giving notice as approved by the City. The applicant shall present the City with written confirmation that a meeting was held to discuss the plan, and summarizing the results of the meeting.
E. Final Review. Once the applicant has completed the administrative review in Subsection C. and conducted the Neighborhood Organization Meeting in Subsection D., the applicant shall revise the development plan as needed and prepare the more detailed documentation required below for Final Review.
1. Submission Requirements
a. Final Detailed Plans. The Final Detailed Plans shall be prepared by the applicant and submitted to the Zoning Administrator. The purpose of the Final Detailed Plans of the PUD/SLID is to specifically designate the land subdivision into fee-simple lots and common areas, and to designate and limit the specific internal uses of each building, structure, and use of land. Final Detailed Plans and supporting data shall show, in detail and design, the location and internal use of all buildings and the overall development, as well as such additional information as may have been required during administrative review of the development plan. The Final Detailed Plans of the PUD/SLID shall include, but not be limited to:
(1) Legal Description. An accurate legal description and survey of the entire area under development within the PUD/SLID, and including all separate subdivided use areas, including open space.
(2) Preliminary Subdivision Plat. For all SLID projects, and for PUD projects if subdivided lands are included in the PUD, a preliminary subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat in accordance with Section 1213.08, unless the Planning Commission determines otherwise.
(3) Site Plan. A detailed site plan meeting all the requirements for site plan review in accordance with Section 1213.06, and including the designation of the location of all buildings to be constructed, the designation of the specific internal uses to which each building shall be put, and the designation of the location of all open spaces, streets, sidewalks, and parking areas. The site plan shall include a tabulation on each separate subdivided use area, including land area, number of buildings, number of dwelling units and number of dwelling units per acre.
(4) Street Plan, as applicable. If the PUD/SLID includes a public or private street, a street plan including construction details, showing center line elevations, pavement width and type, curbs, gutters and culverts.
(5) A street numbering designation shall be furnished for each dwelling/building.
(6) Infrastructure Plan. The proposed distribution, location and extent of the components of public and private infrastructure including sanitary sewers, storm drainage, water supply and street lighting.
(7) Landscape Plan. A detailed landscape planting plan for the site including a plant list containing the common and botanical names, sizes at the time of installation and at maturity, and quantities of all plants, permanent signs, site lighting and street fixtures.
(8) Construction Schedule. A written construction schedule for the development which will be made part of the final plan approval.
(9) Traffic Analysis for PUD. If required by the Zoning Administrator or the City Planning Commission, the applicant shall conduct a study of the impact caused by the PUD on the street systems operating in the City and submit a copy of the final report to the Zoning Administrator. The study shall become part of the applicant's Final Detailed Plans.
(10) Additional documentation as deemed appropriate.
b. Proof of Financial Capability to Carry Out the Project. The applicant shall submit evidence of financial capability of an amount to satisfy the Law Director indicating that the applicant has, or has access to, sufficient funds to carry out the project. Evidence may include a letter from the owner describing its financing for the project, specifying the amount and source of the financing, a copy of the loan commitment or loan agreement, and equity financing documents, or a statement from the lender or equity sources indicating the availability of funds.
2. Staff Review. The Zoning Administrator shall review the Final Detailed Plans, prepare a staff report and forward the staff report, final detailed plans and all supporting materials to the City Planning Commission.
3. Architectural Board of Review. Architectural plans shall be reviewed by the Architectural Board of Review and any comments from the Architectural Board of Review shall be transmitted to the City Planning Commission.
4. Public Hearing. The City Planning Commission shall hold a public hearing on each application for PUD/SLID Plan Approval and the Final Detailed Plans in accordance with Section 1213.05E. Public Hearing for a Conditional Use Permit.
5. Action by the City Planning Commission. After the conclusion of the public hearing, the City Planning Commission shall take action on the application and transmit its action to City Council:
a. Approval. The City Planning Commission may approve or approve with conditions the PUD/SLID application and Final Detailed Plans.
b. Denial. The City Planning Commission may deny the application for a PUD/SLID. If the City Planning Commission denies the PUD/SLID application and Final Detailed Plans, the application process ends. Disapproval of the PUD/SLID application and Final Detailed Plans shall include a statement of the reasons for the denial.
6. Action by the City Council. Within a reasonable time after the receipt of the approval of the City Planning Commission the City Council shall:
a. Confirm the decision by ordinance duly adopted with or without modifications or conditions, or
b. Refer the PUD/SLID application and Final Detailed Plans back to the City Planning Commission for further study, or
c. Deny the PUD/SLID application and Final Detailed Plans.
7. Conditions on PUDs/SLIDs. In accordance with Section 1213.05I, the City Planning Commission may impose and City Council may confirm conditions on the PUD as may be deemed necessary.
8. Effect of PUD/SLID Plan Approval. The approval of the application and Final Detailed Plans for the PUD/SLID authorizes the property to be used in the manner proposed, but does not authorize the construction of any building or structure or site work without first obtaining any other required permit including a final plat and building permits.
9. Final Plat Approval. The final subdivision plat for a SLID, and for a PUD if a Preliminary Subdivision Plat was approved as part of the Final Detailed Plans, shall be submitted to the City in accordance with Section 1213.08F.
F. Changes To An Approved PUD/SLID. A PUD/SLID shall be developed only according to the approved Final Detailed Plans and all supporting data. The Final Detailed Plans and supporting data, together with all recorded plats and easements, shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of the premises (including the internal use of buildings and structures) and location of structures in the PUD/SLID, as set forth therein.
(Ord. 18-25. Enacted 4-23-18.)