[R.O. 2012 §405.650; CC 1975 §31-71; Ord. No. 346 Art. 12, §1, 2-10-1969]
A.
The
owner of any tract of land comprising an area of not less than five
(5) acres may submit to the City Council a plan for the use and development
of all of the tract of land for residential purposes. The development
plan shall be referred to the Zoning and Planning Commission for study
and report and for public hearing. If the Commission approves the
development plan, the plan, together with the recommendation of the
Commission, shall be accompanied by a report stating the reasons for
approval of the application and specific evidence and facts shown
that the proposed community unit plan meets the following conditions:
1.
Property adjacent to the area included in the plan will not be adversely
affected.
2.
The plan is consistent with the intent and purpose of this Chapter
to promote public health, safety, morals and general welfare.
3.
The buildings and land shall be used only for single-family dwellings, two-family dwellings or multiple-dwellings, and the usual accessory uses such as garages, storage space and community activities, including churches; provided, that commercial areas may be provided only as authorized by Section 410.120.
4.
The average lot per family contained in the site, exclusive of the
area occupied by streets, will be not less than the lot area per family
required in the District in which the development is located.
[R.O. 2012 §405.655]
A.
This
Section sets out the required review and approval procedures for Planned
Unit Developments.
1.
Overview of process. The PUD review process involves
at least two steps: PUD Concept Plan review and PUD Final Plan review.
In many cases, land will need to be subdivided in order to carry out
a PUD plan. The subdivision process is, however, a separate process,
although it can run concurrently with (or following the conclusion
of) the PUD review process of this Section.
a.
PUD concept plan review. During PUD Concept Plan
review, the PUD Concept Plan application is reviewed with respect
to such issues as density, including the number, type, and location
of dwelling units and other uses; impacts on surrounding areas; and
the adequacy of facilities and services. The result of this review
is the establishment of the basic parameters for development of the
PUD project. PUD Concept Plan approval establishes the maximum development
"envelope" for the project, with regard to density, lot sizes, overall
scale, open space, environmental protection, and other land development
and service provision issues.
b.
PUD final plan review. The PUD Final Plan review
stage is the point at which developers bring forward detailed plans
for carrying out the type of project approved conceptually during
PUD Concept Plan review. The applicant must submit the detailed and
technical information necessary to demonstrate that all applicable
standards, requirements, and conditions have been met. Approval will
only be granted if the PUD Final Plan is in substantial conformance
with the approved PUD Concept Plan.
2.
PUD concept plan.
a.
Preapplication conference. Before submitting a PUD
Concept Plan, the applicant shall confer with the Director of Community
Development and other City Officials designated by the Director of
Community Development. The purpose of this preapplication conference
is to discuss the proposal and the applicable development review and
approval procedures.
b.
Purpose of PUD concept plan. A PUD Concept Plan
is a generalized land use plan for the entire area proposed to be
included within a PUD. The purpose of a PUD Concept Plan is to allow
very early review of a proposed PUD before substantial technical planning
work has been undertaken.
c.
Application. A complete application for PUD Concept
Plan approval shall be submitted to the Director of Community Development
in a form established by the City (See Procedures Manual, "Appendix A" of this Development Code), along with a non-refundable
fee that has been established by the City to defray the cost of processing
the application. No application shall be processed until the application
is complete and the required fee has been paid.
d.
Review and report — Director of Community Development. The Director of Community Development shall prepare a staff report
that reviews the PUD Concept Plan application in light of the PUD
zoning standards and all other applicable development standards and
planning policies. The Director of Community Development shall provide
a copy of the report to the Planning Commission and the applicant.
e.
Review and action — Planning Commission. The
Planning Commission shall hold a public hearing on the PUD Concept
Plan application within sixty (60) days of the date that a complete
application is filed, provided that required notice can be given within
that time. At the close of the public hearing, the Planning Commission
shall recommend approval, modified approval, or denial of the PUD
Concept Plan application and transmit a written summary of its action
and proceedings to the City Council.
f.
Review and action — City Council. Within the
thirty (30) days of the close of the Planning Commission public hearing,
the City Council shall hold a public hearing on the PUD Concept Plan
application. The City Council shall act to approve, approve with modifications,
or deny the proposed amendment within sixty (60) days of the date
of the close of the City Council public hearing on the amendment.
If the City Council acts to approve the PUD Concept Plan, it shall
establish a required time-frame for development of the entire PUD.
g.
Notice of public hearings.
(1)
Newspaper notice. At least fifteen (15) days'
notice of the time and place of scheduled public hearings before the
Planning Commission and City Council shall be published in a newspaper
of general circulation within the City. Separate notices of each public
hearing may be provided or notice of the time and place of both public
hearings may be provided in one (1) consolidated notice.
(2)
Written notice. The City will attempt to notify,
by mail, all property owners whose property limits are within one
hundred eighty-five (185) feet of the boundaries of the proposed PUD.
(3)
Posted notice. The City will attempt to post
notice on property that is the subject of the PUD application at least
fifteen (15) days before the scheduled public hearing. Failure by
the City to post such notice shall not invalidate any action taken.
h.
PUD concept plan review criteria. Applications for
PUD Concept Plan approval shall be approved if the following criteria
are met:
(1)
The plan represents an improvement over what could have been
accomplished through strict application of otherwise applicable base
zoning district standards, based on the purpose and intent of this
Development Code;
(2)
The PUD Concept Plan is in conformance with the PUD standards
and any standards required as a result of an overlay district;
(3)
The existing or proposed utility services are adequate for the
proposed development;
(4)
The development is consistent with and implements the planning
goals and objectives of the City, as contained in the Comprehensive
Plan and other adopted policy resolutions; and
(5)
The PUD Concept Plan is consistent with good general planning
practice and the development will promote the general welfare of the
City.
i.
Effect of PUD concept plan approval. Approval of
a PUD Concept Plan shall constitute acceptance of the overall general
planning concepts for the proposed PUD development and is a prerequisite
for the filing of a PUD Final Plan.
j.
Lapse of PUD concept plan approval. An approved
PUD Concept Plan shall lapse and be of no further force and effect
if a PUD Final Plan for the PUD (or a phase of the PUD) has not been
approved within two (2) years of the date of approval of the PUD Concept
Plan.
3.
PUD final plan.
a.
Application. A complete application for PUD Final
Plan approval shall be submitted to the Director of Community Development
in a form established by the City (See Procedures Manual, "Appendix A" of this Development Code), along with a non-refundable
fee that has been established by the City to defray the cost of processing
the application. No application shall be processed until the application
is complete and the required fee has been paid. A PUD Final Plan application
may include the entire area covered in the PUD Concept Plan or it
may include one (1) or more phases of the approved PUD Concept Plan.
b.
Review and report — Director of Community Development. The Director of Community Development shall prepare a staff report
that reviews the PUD Final Plan application in light of the approved
PUD Concept Plan and all other applicable development standards and
planning policies. The Director of Community Development shall provide
a copy of the report to the Planning Commission and the applicant.
c.
Review and action — Planning Commission. The
Planning Commission shall consider the PUD Final Plan application,
and within thirty (30) days of its consideration, the Planning Commission
shall act to approve, approve with modifications, or deny the PUD
Final Plan application.
d.
PUD final plan review criteria. A PUD Final Plan
shall be approved by the Planning Commission if it is determined by
the Planning Commission to be in substantial compliance with the approved
PUD Concept Plan. The PUD Final Plan shall be deemed to be in substantial
compliance with the PUD Concept Plan so long as, when compared with
the PUD Concept Plan, it does not result in:
(1)
An increase in project density or intensity, including the number
of housing units per acre or the amount of non-residential floor area
per acre;
(2)
A change in the mix of housing types or the amount of land area
devoted to non-residential uses;
(3)
A reduction in the amount of open space;
(4)
Any change to the vehicular system which result in a significant
change in the amount or location of streets, common parking areas,
and access to the PUD;
(5)
Any change within fifty (50) feet of a TF or less intensive
zoning district;
(6)
Any change determined by the Planning Commission to represent
an increase in development intensity;
(7)
A change in use categories; or
(8)
A substantial change in the layout of buildings.
e.
Effect of approval — lapse of approval. Approval of a PUD Final Plan shall confer upon the applicant the right to develop the subject property in accordance with the approved PUD Final Plan. The right to develop in accordance with an approved PUD Final Plan shall lapse and be of no further effect if all development shown on the PUD Final Plan is not complete within the time-frame established by the City Council pursuant to Subsection (2)(f) of this Section. Once approval lapses, the regulations of the base zoning district shall control.
f.
Designation on Official Zoning Map. Sites governed
by an approved PUD Final Plan shall be designated on the Official
Zoning Map with the letters "PUD" and a case file locator number for
the approved PUD Final Plan.
[R.O. 2012 §405.660; CC 1975 §31-72; Ord. No. 346 Art. 12, §2, 2-10-1969]
If the City Council approves the plan, building permits and
certificates of occupancy may be issued, even though the use of the
land, the location of the buildings to be erected in the area and
the yards and open spaces contemplated by the plan do not conform
in all respects to the District regulations of the District in which
it is located.
