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The general intent and purposes of this chapter are to establish standards and procedures, including standards and procedures that are more flexible than those which are prescribed by conventional zoning regulations, whereby sufficiently large and properly located land areas can be developed in accordance with innovations and imaginative land planning concepts in a manner that will best serve both private and public interests. More particularly, but without limitation of the above generalities, the intent and purposes of this chapter are to:
(a) Permit greater flexibility in the design of integrated developments;
(b) Encourage the design of varieties of housing and other land uses in such developments;
(c) Encourage reservation of greater proportions of open spaces for visual purposes and recreational uses;
(d) Ensure, in the. process, that population density and building density and bulk conform to the general objectives of the City's Zoning Code, Subdivision Regulations. and Comprehensive Development Plan; and
(e) Facilitate accomplishment of these objectives through planned unit developments of various types.
(Ord. 1049. Passed 2-26-85.)
(a) The Planning Commission may issue a special permit authorizing a planned unit development in R-1, R-1a, R-2, R-3, R-5, OP, C-1, C-2, C-3, M-1(s), and M-2 Zones, and for that purpose modifying, as to that development, as provided in this chapter, zoning regulations relating to height, setback, area requirements and other provisions of this Zoning Code which otherwise would apply .to the development, if the Commission determines that the requirements of this chapter are met. However, the Commission may not issue a special permit for townhouses or cluster housing in OP, C-1, C-2, C-3, M-1, M-1(s) and M-2 Zones.
(b) A developer, before filing with the Planning Commission an application for a special permit for a planned unit development, shall present preliminary plans for the development to the City Manager for review. The developer shall be prepared to outline during the presentation discussion the scope and character of the project. This presentation shall include, but not be limited to:
(1) A tentative statistical summary of the proposal, including the gross site area, net site area, number of each variety of dwelling units, total number of dwelling units, garages and parking spaces, area devoted to open space, common ground and recreational area, and the proposed traffic circulation system;
(2) A tentative site plan, including a topographical map;
(3) A description of building types;
(4) A tentative staging plan and a general time schedule of expected completion dates of elements of the plan;
(5) A tentative financial plan and a description of the intended means of financing any proposed recreational and community facilities;
(6) The size and scope of accessible shopping facilities, if any;
(7) The size and scope of any other community facilities;
(8) A preliminary statement regarding the ownership and maintenance of open space, common ground and recreational areas; and
(9) Changes, if any, of zoning requested.
(Ord. 1049. Passed 2-26-85.)
(a) Filing Fee. An application for a special permit for a planned unit development may be filed with the Planning Commission after completion of the preliminary review by the City Manager. The application shall be accompanied by a filing and investigation fee as set out in the Master Fee Schedule of the City of Sidney. A copy of the application shall be filed concurrently with the City Manager.
(b) Contents. An application to the Planning Commission for a special permit for a planned unit development shall be signed as required in, and contain the information required by, Section 1246.04
pertaining to applications generally for special permits. To the extent that such information does not include the following, the application also shall include information or, as the case may be, accompanied by documents, as follows:
(1) A site plan in six copies, depicting:
A. The building sites, showing the arrangement and location of all buildings, structures and improvements proposed and to be retained or constructed and the gross floor area and ground floor area of each unit and building type. Both existing and proposed off-site improvements shall be included.
B. The location and design of on-site circulation, including pedestrian ways, on-site parking and location, and loading areas;
C. The location of all landscaped areas, fences and trash storage areas and how utility services are to be provided;
D. Contours at intervals of two feet or spot elevations on a 100-foot grid if the land is approximately flat;
E. All streets adjoining the development site and the width of existing and planned rights of way;
F. The designation of individual lots if construction of the proposed development is to occur in separate phases or if such lots are proposed to be sold to individual owners; and
G. Any existing developments on adjacent properties within 200 feet.
(2) A landscape plan, including a tentative landscape plant schedule, showing the location of existing tress, if any, proposed to be removed and proposed to be retained, and the amount, size, type and location of landscaped areas, planting beds and plant materials, including provisions for irrigation;
(3) Two architectural renderings, showing all elevations and floor plans of the proposed buildings and structures as they will appear on completion. All exterior surfacing materials shall be shown on the elevations, including type and color of materials;
(4) Scale drawings of all signs and exterior lighting, showing size, location, materials, colors, copy and method of illumination. These shall include all light standard specifications;
(5) A preliminary grading plan and drainage plan which will assure that the development will be properly related to the site and to surrounding properties and structures;
(6) Calculations indicating the land area devoted to each use in the planned unit development and its percentage of the total area;
(7) The density of dwelling units per net acre of the total project area;
(8) The number and location of ail required parking, including visitor parking, and whether parking is proposed to be covered or open;
(9) A time schedule indicating when construction is to begin, the anticipated rate of development, including dates for phase construction, and the approximate completion date;
(10) Adequate drawings describing the system for disposition of sanitary wastes and storm water;
(11) A vicinity map, showing the general arrangement of streets within 1,000 feet of the exterior boundaries of the proposed development site;
(12) A statement describing the provisions made or to be made for the effective care and maintenance of all of the following improvements, if not owned or maintained by the State or a governmental subdivision: streets, drives, sidewalks and other pedestrian ways; common open spaces (including landscaping thereof), common recreation and other common areas and spaces; exterior lighting; perimeter or common walls, fences, gates and hedges; signs; sewer and water mains and appurtenances, including fire hydrants; and other utility equipment;
(13) Special engineering studies and other soil investigations in the case of a planned unit development which is proposed to be located within a hazard area, as defined and delineated in the City's Comprehensive Development Plan, if required by the City Manager; and
(14) Any other drawings or additional information which the City Manager may determine to be necessary to adequately consider the drawings required by this chapter and determine compliance with the purposes and intent of this chapter.
The application proper shall be made on a form provided by the City Manager.
(Ord. 1049. Passed 2-26-85; Ord. 1800. Passed 9-25-18.)
(a) Condominium Property. If a planned unit development site has been, or is proposed to be, subjected to a condominium property regime, as provided in the Condominium Property Act, the following shall be submitted to the Planning Commission with the application for a special permit for the development:
(1) A copy of the master deed which has been proposed to be recorded in the office of the County Clerk, which deed shall include covenants, conditions and restrictions making provision for the effective care and maintenance of all of the following improvements, if not owned or maintained by the State or a governmental subdivision: streets, drives, sidewalks and other pedestrian ways; common open spaces (including landscaping thereof); common recreational and other common areas and spaces; exterior lighting; perimeter or common walls, fences, gates and hedges; signs; sewer and water mains and appurtenances, including fire hydrants; and other utility equipment. Such covenants, conditions and restrictions shall include a recital to the effect that they cannot be made less restrictive without the approval of Council.
(2) Attached to the copy of the master deed, a copy of the plans of any building which complies bath in form and in content with the requirements of Section 76-810 of the Condominium Property Act.
Such master deed and attached plans, if not already recorded in the office of the County Clerk, shall be so recorded before a special permit for the planned unit development may be issued.
(b) Noncondominium Property. If a planned unit development site has not been, and is not proposed to be, subjected to a condominium property regime under the Condominium Property Act, there shall be submitted to the Planning Commission, with the application for a special permit for the development, a set of written covenants, conditions and restrictions, signed and acknowledged by the owner of the site and in such form as to be indexable against the site in the office of the County Clerk, which covenants, conditions and restrictions make provision, in a manner analogous to that provided in subsection (a) hereof, for the effective care and maintenance of improvements not owned or maintained by the State or a governmental subdivision. Such covenants, conditions and restrictions, if approved by the Commission, shall be recorded in the office of the County Clerk before a special permit for the planned unit development may be issued.
(Ord. 1049. Passed 2-26-85.)
An application for the approval of a preliminary plat or for Zoning Code amendments which relate to an application for a special permit for a planned unit development may be submitted concurrently to the Planning Commission and, at the discretion of the Commission, may be considered by it concurrently.
(Ord. 1049. Passed 2-26-85.)
If the Planning Commission finds that a special permit for a planned unit development should be issued, it shall fix the amount of a bond to be filed with the Clerk-Treasurer by the owner of the planned unit development site, which amount shall be approved by the Clerk-Treasurer prior to issuance of the permit. The bond shall be executed by the owner and by a corporate surety authorized to do business in the State. The bond shall be payable to the City to reimburse the City for any damage the City may sustain if the owner or his or her successors or assigns fails to construct and maintain such development, or any part thereof, in compliance with this chapter and with the covenants, conditions and restrictions required under this chapter to be recorded, including, but not limited to, reasonable expenses the City may incur, whether by or without litigation, in obtaining, or attempting to obtain, compliance by the owner or his or her successors and assigns, with this chapter and with such covenants, conditions and restrictions. The condition of the bond shall be that the owner and his or her successors and assigns shall construct and maintain such development in compliance with the requirements of this chapter and with the covenants, conditions and restrictions recorded with the County Clerk as required by this chapter; otherwise, the bond shall remain in full force and effect. (Ord. 1049. Passed 2-26-85.)
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