Section 8-2 Development Guidelines and Requirements
The Planned Unit Development shall be adopted as an overlay
zoning district in conjunction with the underlying
applicable zoning district boundaries. The PUD overlay
district is intended to afford both the developer and the
municipality flexibility in formulating major development
proposals for the betterment of the community. Consequently,
PUDs may not be strictly bound by the regulations of the
particular district but may have lesser or greater
requirements specific to the site and use proposed as
necessary to meet the objectives of this Chapter. PUD
districts may deviate from other generally applicable
requirements without a variance, provided that such
deviation is authorized by the ordinance approving the PUD
overlay district and the deviation does not seek to increase
the density of units otherwise authorized by the underlying
district. The Ordinance approving the PUD and Preliminary
Development Plan may, where appropriate, also amend the
underlying zoning district to meet the requirements of the
PUD and shall be adopted applying the criteria for a zoning
changes and including the criteria established in this
Article.
8-2.1 Compliance With Other Ordinances
Except as specifically provided through the development
plan, planned unit developments including all structures and
uses therein shall, at a minimum be built in conformity with
all applicable codes and ordinances, including, but not
limited to, the zoning code; the Subdivision Ordinance; the
Sign Ordinance; and the adopted Building, Plumbing and
Electrical Codes. For instances other than as modified by and
approved in the ordinance for a final development plan, the
PUD shall be governed by the regulations of the district(s) in
which the planned development is located.
8-2.2 PUD
District Required or authorized; When.
A PUD District
shall be required for all uses so designated as a Planned
Use by any District regulations and may additionally be
authorized in any zoning district. The Ordinance approving
the PUD district, and accompanying Preliminary Development
Plan, shall be deemed a legislative act of rezoning governed
by the criteria applicable to such approvals and such other
factors set forth in this Article. The minimum gross area of
any parcel to be developed as a PUD must be at least one (1)
acre. No construction or use requiring PUD District
authorization shall commence prior to approval of Final
Development Plan and recording as provided in Section 8-4.8.
8-2.3 Professional Review
All plats and plans for a new PUD shall include a signed
statement by a registered professional engineer that the plat
or plan accounts for changes in the drainage of surface waters
in accordance with the Plat Act. Proposals for any PUDs within
any flood plain shall follow the guidelines established for
the FP district.
8-2.4 Mixed Uses
PUDs may include all types of residential structures and
any other uses approved by the City Council; provided, that in
approving such mixed uses, the City Council may attach such
conditions necessary to protect the public welfare.
8-2.5 Other
Requirements; modifications; conditions
The ordinance approving the PUD overlay district may provide
for modifications to application of the otherwise applicable
district regulations, governing use, density, area , bulk,
parking and signs, and the subdivision design standards as
may be necessary or desirable to achieve the objectives of
the proposed planned development, or other applicable
requirements, provided theses modifications are consistent
with the standards and criteria contained in this article
and not detrimental to or endanger the public health,
safety, morals, comfort and general welfare of the
community. In consideration of such modifications and in
approval of a PUD District, the ordinance may also imposed
conditions relating thereto as may reasonable be deemed
necessary to meet the criteria for approval and as otherwise
may be consistent with law. (Am. Ord. 09-01, passed
04/06/09)
8-2.6 Accessory Uses
In PUDs, the City Council may allow the developer to
disregard the usual restrictions on accessory uses other than
the prohibition against using an accessory structure as a
dwelling.
8-2.7 Location of Parking
By permission of the City Council, off-street parking and
loading spaces in PUDs need not be located in accordance with
generally applicable requirements, except state handicap
accessible parking requirements.
8-2.8 Other Requirements
The ordinance approving the final development plan for the
planned development may provide for exceptions from the
district regulations, governing use, density, area, bulk,
parking and signs, and the subdivision design standards as may
be necessary or desirable to achieve the objectives of the
proposed planned development, provided these exceptions are
consistent with the standards and criteria contained in this
article and not detrimental to or endanger the public health,
safety, morals, comfort and general welfare of the community.
Section 8-3 Procedural Requirements
Every applicant for a PUD approval shall comply with the
procedural requirements of this
Article. In summary form, the required procedures are as
follows:
a. Meeting with City Staff;
b. Meeting with Planning Commission (Optional);
c. Filing of Preliminary Development Plan with the
Administrator;
d. Public Hearing Before the Planning Commission;
e. Recommendation by the Planning Commission to the City
Council regarding the Preliminary Development Plan and
Issuance/Denial of a Special Use Permit;
f. Action by City Council on the Application for
Preliminary Development Plan and Issuance/Denial of a
Special Use Permit;
g. Filing of Final Development Plan with the
Administrator;
h. Recommendation by the Planning Commission to the City
Council Regarding the Final Development Plan;
i. Provision by the Developer of Adequate Assurance for
the Completion of the Required Improvements per the
Preliminary Development Plan;
j. Action by the City Council on the Final Development
Plan.
8-3.1 Pre-application Conference with City Staff
Prior to the filing of an application for approval of the
preliminary plan, the applicant shall submit to the City a
preliminary presentation of the planned unit development. At
such conference the applicant shall provide information as to
the location of the proposed planned unit development, the
uses, and approximate area of use categories, a list of any
known exceptions to the subdivision and zoning ordinances of
the City, and any other information necessary to clearly
explain the planned unit development. The purpose of the
pre-application and conference is to make advice and
assistance available to the applicant before preparation of
the preliminary plan, so that the applicant may determine:
A. Whether the proposed planned unit development appears
in general to be in compliance with the provisions of the
zoning ordinance and other applicable ordinances;
B. Whether any zoning amendment, variation or special use
is required in connection with the proposed planned unit
development.
C. Whether the proposed planned unit development will be
in conformity with the comprehensive plan and the goals and
policies of the City for development. The pre-application
conference does not require formal application, fee or
filing of a planned unit development plat.
8-3.2 Concept Plan Conference with Planning Commission
(Optional)
Prior to the filing of an application for approval of a
Planned Unit Development, the applicant may request of the
Planning Commission an informal meeting to discuss the
development of the project. The request for a concept plan
conference with the Planning Commission shall be a part of a
regularly scheduled meeting and shall be open to the public.
The meeting is not mandatory. It is intended that the informal
proposal submitted will be in preliminary conceptual form, and
the substance and detail of the matters presented shall be
largely at the discretion of the developer. The purpose of the
conference shall be informal communication, information and
discussion. Comments or recommendations by the Planning
Commission about the concept plan shall not constitute
authority to proceed with construction of any improvements,
obligate the City Council or any of its appointed committees,
boards, or commissions to approve any plan or prevent the
applicant from further proceeding with the project. No
recommendations need be forwarded to, or acted upon by the
City Council.
8-3.3 Preliminary Development Plan Procedure and
Requirements
Every applicant for approval of a PUD Preliminary
Development Plan shall submit to the Administrator, in
narrative and graphic form, the items of information listed
below. The Administrator shall prepare an advisory report on
every PUD Preliminary Development Plan, and transmit it
together with the plan to the Planning Commission. The
Preliminary Development Plan filing fee shall be $500 plus $5
for each lot reviewed and any and all ancillary expenses and
fees. The items of information required are:
Written Documents - Five copies to be submitted.
A. Proof that the developer has acquired legal title to
all land within the PUD or has executed a binding agreement
with all the owners of such land giving him effective
control over its development.
B. Legal description of the total site proposed for
development;
C. Names and addresses of all owners of property within
250’ of the proposed PUD;
D. Statement of the planning objectives to be achieved by
the PUD through the particular approach proposed by the
application, including a description of the character of the
proposed development and the rationale behind the
assumptions and choices made by the applicant;
E. Development schedule indicating the approximate date
when construction of the PUD or stages of the PUD can be
expected to begin and be completed;
F. Statement of the applicant's intentions with regard to
the future selling or leasing of all or portions of the PUD,
such as land areas, dwelling units, etc.
G. Proposed agreements, provisions or covenants which
will govern the use, maintenance and continued protection of
the planned development and any of its common open space;
H. Data indicating:
1) Total number and type of proposed dwelling units;
2) Gross and net acreage of parcel;
3) Acreage of gross and usable open space and
4) Area of any commercial or other uses
Graphic Material - Five copies to be submitted.
A. Existing site conditions including contours at ten
foot intervals and locations of water courses, flood plains,
unique natural features, and wooded areas
B. Proposed lot line and plot designs;
C. Proposed location, size in square feet, and general
appearance of all existing and proposed buildings and other
structures and facilities;
D. Location and size in acres or square feet of all acres
to be conveyed, dedicated, or reserved as common open
spaces, public parks, recreational areas, school sites, and
similar public and semi-public uses;
E. Existing and proposed vehicular circulation system,
including off-street parking and loading areas and major
points of ingress and egress to the development (notations
of proposed ownership - public or private - should be
included where appropriate);
F. Existing and proposed pedestrian circulation system,
including its relationship to the vehicular circulation
system and proposed treatments of points of conflict;
G. Existing and proposed utility systems including
sanitary sewers, storm sewers, water, electric gas, and
telephone lines;
H. General Landscape plan indicating the treatment of
both private and common open space and the location of
required buffer strips;
I. Enough information on land areas adjacent to the
proposed PUD to indicate the relationships between the
proposed development and existing and proposed adjacent
areas;
J. Any additional information required by the
Administrator to evaluate the character and impact of the
proposed PUD.
8-3.31 Notice for Public Hearing
The Planning Commission shall conduct a public hearing on
every PUD preliminary plan within a reasonable time after said
plan is submitted to them. At the hearing, any interested
party may appear and testify, either in person or by duly
authorized agent or attorney. Notice indicating the time,
date, and place of the hearing; the fact that the hearing
concerns a PUD preliminary plan and the location of the
proposed PUD shall be given not more than thirty (30) nor less
than fifteen (15) days before the hearing. The required
notices shall be given in the following manner:
A) By first-class mail to the applicant and all property
owners within 250’ of the proposed PUD;
B) By publication in a newspaper of general circulation
within this municipality.
8-3.32 Advisory Report, Criteria Considered
Within a reasonable time after the public hearing, the
Planning Commission shall submit to the City Council a written
advisory report concerning acceptance/rejection of the
Preliminary Development Plan. In deciding what their advice
should be, the Planning Commission shall consider the
following criteria:
A) The extent to which the proposed development is
consistent with the municipal Comprehensive Plan and with
the purpose of this amendment and of all other applicable
codes and ordinances;
B) The extent to which the proposed development deviates
from the regulations that are generally applicable to the
property (including but not limited to, the use, density,
and lot and building regulations of the district), and the
apparent merits of said deviations;
C) Whether the proposed design of the PUD makes adequate
provisions for vehicular and pedestrian circulation,
off-street parking and loading, separation of residential
and commercial uses, open spaces, recreational facilities,
preservation of natural features, and so forth;
D) The compatibility of the proposed PUD with adjacent
properties and surrounding area;
E) The desirability of the proposed plan as it relates to
the physical development, tax base and economic well being
of the City.
F) Any other reasonable criteria that the Planning
Commission may devise.
8-3.33 Action by City Council
The City Council shall, by ordinance, act on the PUD
Preliminary Development Plan at their next regularly scheduled
meeting following submission of the Planning Commission's
Advisory Report.
8-3.34 Modification of Zoning Map
Any approved preliminary development plan shall be
reflected on the Zoning Map as an amendment of the District by
designation of "-P" after the district abbreviation
of the district in which the plan was approved.
8-4 Final Development Plan Procedure and Requirements
With respect to the preparation and submission of PUD Final
Development Plans, the developer shall comply with the
regulations of the following section.
8-4.1 Filing Required
Within one (1) year following the approval of the
preliminary plan, the applicant shall file a final plan for
the entire development or the first stage of the development
containing in a final detailed form the required information.
Prior to the end of the one (1) year period at its discretion
and for good cause, the City Council may extend up to 3
one-year extensions for the filing of the final plan or
stages. Extensions may be granted by the City Council
following the applicant’s submittal in writing the reasons
for needing an extension. If the applicant fails to file a
final plan within the aforementioned time period, the approval
of the preliminary plan shall be null and void and the subject
property shall revert to the zoning classification affixed to
that property prior to the adoption of plan.
8-4.2 Required Information
The Final Development Plan filing fee (per stage) shall be
two hundred dollars ($200.00). The Final Development Plan
shall contain in final form all the items of information
required for the Preliminary Development Plan plus the
following information. Only four copies of the final
information are required.
A) Legal description of each lot to be individually owned
and each parcel to be held in Common;
B) Articles of Incorporation and Bylaws of the
Homeowners' Association or any entity established to benefit
the owners or residents of the PUD;
C) Restrictive covenants and any other legal instruments
required by the City Attorney guaranteeing the proper upkeep
and use of the common open space recreational facilities
therein;
D) Legal instruments dedicating streets and other
improvements to this municipality or conveying the same to
the Homeowners' Association or any entity established to
benefit the owners or residents of the PUD.
8-4.3 Advisory Report
Not later than sixty days after the application for Final
Development Plan approval is filed, the Planning Commission -
following consultation with applicable staff- shall submit a
written Advisory report to the City Council. The Commission's
Advisory Report shall fully discuss the extent to which the
Final Development Plan conforms to the approved Preliminary
Development Plan and to all applicable codes and ordinances.
8-4.4 Assurance for Completion of Required Improvements
The City Council shall not approve any PUD Final
Development Plan until the developer has provided this
municipality with adequate legal assurance to guarantee the
satisfactory completion of all improvements required by the
approved Preliminary Development Plan. The requirements for
said assurance (performance bond, escrow deposit, or a letter
of credit) shall be substantially the same as the assurance
requirements applicable to conventional subdivisions. The
guidelines regarding the required assurance are given in the
Subdivision Control Regulations. As built plans for all
improvements must be submitted to the City upon completion of
work.
8-4.5 Action by City Council
At their next regularly scheduled meeting following
submission of the Planning Commission's Advisory Report, the
City Council shall, by ordinance, either approve or disapprove
the PUD Final Development Plan. Prior to the Council passing
an ordinance on the Final Development Plan, the Administrator
shall assure that the following has been completed.
A) The Developer has posted the required assurances in
the amount the Public Services Director deems sufficient to
guarantee the satisfactory completion of all required
improvements;
B) The City Attorney has stated that all legal
instruments (particularly the restrictive covenants) are
satisfactory;
C) The proposed PUD, as evidenced by the Final
Development Plan, complies with all applicable codes and
ordinances and substantially conforms to the approved
Preliminary Development Plan.
8-4.6 Changes in Final Development Plans
No changes shall be made to any approved Final Development
Plan of a PUD except as follows:
A) Minor changes in the location, sizing, and height of
buildings and structures may be reviewed and authorized by
the Administrator if required by engineering or other
circumstances not foreseen at the time the Final Development
Plan was approved;
B) Major changes which alter the concept or intent of the
planned unit development including increases in density,
uses, reductions of proposed open space, or other changes
determined to be major shall be made by the City Council
upon recommendation of the Plan Commission.
C) No approved change shall have any effect until it is
recorded with the County Recorder of Deeds as an amendment
to the recorded copy of the Final Development Plan.
8-4.7 Failure to Begin Development
If substantial construction has not begun within one year
of the date of the Final Plat approval, the Final Plan shall
lapse. However, in its discretion and for a good cause, the
City Council may extend up to 3 one-year extensions.
Extensions may be granted by the City Council following the
applicant’s submittal in writing the reasons for needing an
extension. As used in this section, substantial construction
shall mean final grading for roadways necessary for first
approved plat or phase of construction and commencement of
installation of sanitary and storm sewers. If a Final
Development Plan lapses as per this section:
A) The Special Use Permit shall be automatically revoked;
B) Any and all Building Permits shall automatically
become null and void;
C) All regulations applicable before the PUD was approved
shall automatically be in full effect.
8-4.8 Recording of Development Plans
Following the approval of a final development plan, a copy
of the plan shall be filed according to the stipulations of
the Subdivision Control Ordinance. All plans and conditions of
approval shall be kept on file with the Recorder of Deeds for
public inspection. The restrictions on development and all
other responsibility for compliance with the approved plan
shall be binding upon all applicants, successors, grantees and
assigns and shall limit and control the use of the planned
development project as set forth herein.
