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PUD PLANNED UNIT DEVELOPMENT DISTRICTS
(a) Intent. It is the intent of the PUD district within this section to provide flexibility from conventional zoning regulations to promote mixed-use development, well-planned campus institutional, and flexible high-density single-family cluster development with increased public review consistent with the Shape Sioux Falls 2035 Comprehensive Plan—chapter 5. The following planned unit development districts are enumerated within this section and provide development options for campus-style, mixed-use, and high-density residential development projects:
(1) Institutional Campus PUD (S-2-PUD)
(2) Downtown PUD (DT-PUD)
(3) Village PUD (V-PUD)
(4) Pedestrian-Oriented Mixed-Use PUD (PO-PUD)
(5) Residential Cluster Development PUD (RCD-PUD)
(1992 Code, App. B, § 15.45.010) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)
The developments within planned unit development districts shall comply with the policies and design standards of the Shape Sioux Falls 2035 Comprehensive Plan. The development shall be mutually compatible with adjacent existing and projected developments.
(1992 Code, App. B, § 15.45.020) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)
(a) PUD zoning request. A petitioner shall submit a request indicating the type of PUD zoning district; follow all requirements of §§ 160.650 et seq. (Change of Zone) and be consistent with the regulations of the requested PUD district; and the Shape Sioux Falls 2035 Plan. An initial development plan may be required for zoning approval by the Planning Commission contingent upon city council approval of the PUD rezoning.
(b) Initial development plan.
(1) When a petitioner is ready to proceed with development within the planned unit development district, the petitioner shall submit an initial development plan to the planning department, showing the information specified in § 160.444.
(2) This request for an initial development plan is subject to the requirements for amendment of the regulations specified in §§ 160.447. No building permit shall be issued within the development until the final development plan is approved and the plat is filed.
(3) Before any action shall be taken by the planning commission, the applicant shall first file with the department of planning and building services a certificate verifying that said signs have been posted at the proper location before the time specified by this section.
(c) Final development plan. Prior to construction on any lots in the planned development, the petitioner shall submit a final development plan showing the information specified in § 160.444, to the planning staff, who shall approve or deny based upon conformance with the initial development plan and standards of the planned unit development district. Submittal and conformance standards for final development plans are below in § 160.445 and § 160.446.
(d) Amendments. Amendments to the initial development plan shall be required to be approved with a public hearing in the same manner as provided for in § 160.443.
(e) Conditional use permits. The planning commission or the city council in issuance of the conditional use permit shall impose conditions as appropriate and necessary to ensure compliance with the comprehensive plan and protect the health, safety, and general welfare. Any conditional use permit approved by the planning commission shall conform to the minimum standards set forth in § 160.616.
After a public hearing held in the same manner as set forth in § 160.609, a conditional use permit may be authorized by the planning commission when listed as an eligible form and conditional use within a Planned Unit Development District.
(1992 Code, App. B, § 15.45.030) (Ord. 42-83, passed 6-27-1983; Ord. 38-84, passed 3-5-1984; Ord. 95-95, passed 7-3-1995; Ord. 18-96, passed 2-5-1996; Ord. 55-97, passed 8-4-1997; Ord. 56-05, passed 6-6-2005; Ord. 89-07, passed 6-4-2007; Ord. 9-13, passed 3-19-2013)
The developer may submit a planned unit development initial development plan and fee to the planning office before the monthly planning commission deadline. The process includes the following:
(a) To assist the developer, the application may be submitted up to five working days before the planning commission submittal deadline to review the application to determine whether it contains all elements required by § 160.444.
(b) If the planning office determines that the application does not contain all elements as required by § 160.444, then the applicant shall be notified in writing of the specific deficiencies; and that the application shall not be scheduled for a public hearing until all elements of the application are submitted. The applicant has until the submittal deadline to submit all elements.
(c) When the planning office determines that the application does contain all elements as required by § 160.444, the application shall be scheduled for a planning commission public hearing by the planning office on a day when the planning commission is regularly scheduled to meet as determined by the rules, policies, and regulations as adopted or which may hereafter be adopted by the planning commission for holding public hearings on such requests.
(e) If the planning and building services director determines that the initial development plan does not meet the criteria, a one-month deferral of the plan may occur and the planning office shall identify specific required information in its notification to the applicant at the end of the ten-day review period. After the one-month deferral and a resubmitted preliminary initial plan, the planning and building services director may schedule the preliminary plan for a planning commission public hearing.
(f) Signs shall be posted on the property for a continuous period of seven days immediately prior to any public hearing held by the planning commission or city council to consider any initial development plan. Said signs shall be furnished by the department of planning and building services and posted by the applicant in the numbers and locations prescribed by the director.
(g) If an amended initial development plan is required in the Downtown PUD, the amendment must first by reviewed by the Downtown Design Review Committee with a meeting scheduled before the next monthly planning commission meeting or the amendment application shall then move forward to the planning commission. Any recommendation by the downtown design review committee shall be forwarded to the planning commission for their consideration.
(h) The planning commission shall review the initial plan and approve, disapprove, or approve with conditions.
(Ord. 9-13, passed 3-19-2013)
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