[R.O. 2012 §405.580]
A.
Purpose. The provisions of this Section are designed to
deal with larger scale developments and facilitate better site planning
and community planning through modification of certain district regulations
as they apply to such development.
B.
It
is hereby recognized that, for larger scale developments, the regulations
of districts in the Zoning Code, either individually or collectively,
might impose unnecessary or undesirable rigidities on the site plan
and thereby prevent achievement of the best possible plan within the
Code. Therefore this Article has the following intents:
1.
To permit flexibility in site design by taking into consideration
varying topographical conditions present on a proposed site.
2.
To achieve more efficient use of land, within the framework and intent
of the Zoning Code, which can result from larger scale or multiple
use developments.
3.
To encourage and permit provision of open space.
4.
To protect and preserve scenic assets and natural features and to
incorporate these into the development.
5.
To foster a more stable community by providing a variety and balance
of housing types and living environments.
6.
To encourage and permit variety in the location of buildings, roads,
parking lots, and other facilities and activities.
7.
To increase the safety of pedestrian and vehicular traffic by reducing
the number of traffic conflict points within a development.
C.
This
Article is intended to achieve these objectives while promoting and
protecting the public health, safety, and welfare of the City, and
while safeguarding the present and future use and development of areas
surrounding a proposed "PUD". The provisions of this Article shall
supersede other subdivision regulations which are in conflict herewith
except for these provisions regarding infrastructure improvements.
All requirements pertaining to infrastructure improvements set forth
in other subdivision regulations shall be applicable to any area proposed
as a "PUD". Irrespective of the number of lots or building sites to
be developed, a "PUD" shall not be considered as either a "major"
or "minor" subdivision.
D.
The "PUD" designation is intended to be attached to use districts set forth in the Zoning Code and is not a separate use district. The "PUD" designation may be attached to a parcel of land under the Zoning District classifications existing at the date of application of "PUD" designation. It is further intended that a "PUD" designation may be applied to a residential, non-residential, or a combined residential/non-residential development but may not under any circumstances involve industrial uses. Industrial developments shall be governed by Section 405.430.
E.
Processing
Procedures for Planned Unit Developments are as follows:
1.
Application and sketch plan submitted to Zoning Enforcement Officer
for staff review one (1) month prior to the next regularly scheduled
Planning and Zoning Commission meeting.
2.
Sketch plan of planned unit development presented to the Planning
and Zoning Commission by Zoning Enforcement Officer with comments.
The applicant is encouraged but not required to attend the Planning
and Zoning Commission meeting at which the sketch plan is initially
reviewed.
3.
Application for area plan submitted to the Planning and Zoning Department
for public hearing and recommendation after review of sketch plan.
4.
Public hearing scheduled before the Planning and Zoning Commission
for review and public comment on application and area plan.
5.
Planning and Zoning Commission review application and area plan after
public hearing and issue recommendation within sixty (60) days of
public hearing.
6.
Final area plan is submitted to Board of Aldermen for public hearing
and decision.
7.
Final area plan either approved, denied or modified by the Board
of Aldermen. If denied no further action is required except that applicant
shall have the right to seek judicial review as provided by law. If
final area plan is approved, it shall be recorded by the City Clerk
and the applicant shall have the right to proceed in accordance with
these regulations. If final area plan is modified, it shall be returned
to Zoning Enforcement Officer for coordination with applicant. If
applicant agrees to make the required modifications, such modified
plans shall be submitted to the Zoning Enforcement Officer for final
review. If such modified plans comply with all requirements imposed
by the Board of Aldermen, such modified plans shall be transmitted
to the City Clerk for recording. If the applicant is unwilling to
make the required modifications, then in such event the application
shall be deemed to have been denied.
F.
Any
application that does not include all required information or that
is not accompanied by the required fee shall be returned to the applicant
as incomplete and no further processing shall occur until the deficiencies
are corrected. The application fee required for a PUD is four hundred
($400.00) dollars.
[R.O. 2012 §405.585]
The Board of Aldermen of the City of Union shall have the authority
to approve area and final Planned Unit Development (PUD) plans. Such
plans may be considered by the Board of Aldermen only after the Planning
and Zoning Commission has reviewed the plans and submitted its recommendations
to the Board.
[R.O. 2012 §405.587]
The minimum area to be developed under the regulations of this
Article shall be five (5) acres, provided however, that the minimum
lot area may be waived by the Planning and Zoning Commission if the
parcel in question has certain unique characteristics such as, but
not limited to, significant topographic change, significant trees,
or wooded areas; wetlands, floodplain, or poor soil conditions on
portions of the property; water courses or utility easements crossing
the parcel; unusual shape or proportions; and isolation from other
undeveloped or developable lands. In such case, the applicant shall
submit information to the Commission to support the request for a
waiver of the minimum tract size requirement. The Commission shall
consider the request for a waiver of the minimum tract size requirement.
The Commission shall consider the request and act thereon, record
said action in the minutes of the meeting, and inform the applicant
of the action in writing. The request for waiver and the Commission's
action shall be made prior to the applicant's submittal of an application
for a Planned Unit Development designation. If the Commission accepts
the request for waiver of minimum tract size, the Commission shall
indicate its decision and the reasons therefore in its report to the
Board of Aldermen as required.
[R.O. 2012 §405.590]
A.
The
owner(s) of record, or any person(s) acting on behalf of the owner(s)
of record of any tract five (5) acres or larger in area, may apply
for "PUD" designation. The application for a "PUD" designation shall
consist of a request for review and approval of an area plan for development
of the entire tract. The application may accompany a zoning amendment
application for the tract in question. Following review by the Planning
and Zoning Commission and approval of the area plan and designation
of the lot as a "PUD" by the Board of Aldermen, a second (2nd) application
shall be made for approval of a final site plan for the entire tract
unless the development is to be performed in phases in which case
a final site plan shall be submitted for the initial phase or phases.
A separate application for final site plan approval shall be required
for each subsequent phase. No construction or other site improvements
may commence and no permit shall be issued therefore, on a tract with
a multiple stage "PUD" designation, until a final site plan for said
tract or part thereof has been approved in accordance with this Article.
B.
Each
application shall be filed with the Zoning Enforcement Officer, who
shall transmit the area plan to the Planning and Zoning Commission.
The application must be filed at least one (1) month prior to the
Commission meeting at which it is to be first considered.
C.
The
applicant may appear before the City Planning and Zoning Commission,
prior to application for a "PUD" designation, to discuss the proposed
development as part of the sketch plan review. This provision is not
mandatory and is intended to provide an opportunity to review the
general plan prior to the initiation of the formal process.
[R.O. 2012 §405.595]
A.
Application. The application for area plan approval shall
include the following information:
1.
The name of the proposed "PUD".
2.
Names, addresses and phone numbers of the owner(s) of record, engineer,
surveyor or designer responsible for the planning, engineering survey
and design.
3.
Acreage in the "PUD".
4.
Legal description of the entire "PUD".
5.
Proposed deed restrictions, protective covenants, and homeowner's
association articles of incorporation and bylaws.
6.
Signature(s) of applicant(s) and owners(s) certifying the accuracy
of the requested information.
7.
Any additional information deemed necessary by the Zoning Enforcement
Officer.
8.
Receipt from City Clerk showing application fee has been paid.
B.
Area Plan. The application shall be accompanied by five
(5) copies of the proposed area plan drawn at appropriate scale showing:
1.
Name of the proposed "PUD" project.
2.
Scale, date and north arrow.
3.
A key map showing the "PUD" in relation to the surrounding area.
4.
Within two hundred (200) feet of the proposed development, names
of adjacent subdivisions, layout of streets (with names), rights-of-way
widths, connections with adjoining platted streets, widths and locations
of alleys, easements, and public sidewalk adjacent to or connecting
with the tract location and size of all existing sanitary sewer, storm
sewer and supply facilities.
5.
Existing conditions in the plan area showing all utilities, bridges,
streets, drives or alleys and existing structures.
6.
Existing topography (at least (5) foot contour intervals). All topographic
data shall directly relate to USGS date.
7.
The zoning status of the "PUD" and of all adjacent properties shall
be identified on the Plan. If the project is situated within more
than one (1) zoning district, the zoning district boundary lines shall
be clearly indicated.
8.
The general plan layout of the entire "PUD" showing proposed land
uses, streets, parking areas, open space areas, and sidewalk with
significant dimensions indicated where appropriate to clarify the
plan.
9.
All planned use areas shall be clearly labeled as to the proposed
use and all parcels of lands to be dedicated or reserved for public
use or for use in common by property owners in the Planned District
shall be indicated on the plan dedication or reservation.
10.
The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of land, buildings, and structures,
including proposed easements or grants for public utilities.
11.
Proposed stages of development.
13.
Commercial data.
14.
Any additional information deemed necessary by the Zoning Enforcement
Officer to adequately illustrate the proposed development.
[R.O. 2012 §405.597]
A.
Upon
receipt of the area plan from the Zoning Enforcement Officer, the
Planning and Zoning Commission shall undertake a study of the area
plan. The Commission shall advise the applicant in writing of any
recommended changes in the area plan as are needed to conform to the
standards of this Article and other pertinent ordinances.
B.
The
Planning and Zoning Commission shall conduct a public hearing on the
area plan, said hearing to be held within thirty (30) days of the
filing date or at the regular Commission meeting closest to that date.
At least fifteen (15) days' notice of the hearing shall be published
in a newspaper of general circulation along with hearing notice for
a zoning amendment for the tract in question, if such amendment is
applied for. The public hearing may be held jointly with a public
hearing on any zoning change and/or conditional use permit or other
requested variances as a result of the development for the tract in
question.
C.
The
Planning and Zoning Commission shall review the area plan, and shall
submit its recommendation to the Board of Aldermen. If a zoning amendment
application has been made for the subject tract to permit the development
proposed in the area plan, the Planning and Zoning Commission shall
take action on such amendment before taking action on the area plan.
D.
The
Board of Aldermen shall review the area plan, and the report of the
Planning and Zoning Commission thereon and shall schedule a public
hearing thereon and shall thereafter approve, modify or deny the area
plan. If a zoning amendment application has been made for the subject
tract to permit the development proposed in the area plan, the Board
shall take action on such amendment before taking action on the area
plan.
E.
If
the area plan is approved by the Board of Aldermen, the applicant
shall review the area plan in its approved form. The applicant and
the owner(s) of record shall then sign a statement that the approved
area plan shall be binding upon the applicant and the owner(s) of
record and upon their heirs, successors, and assigns. The area plan
shall not be officially approved, nor may the applicant submit a final
site plan for the lot or any part thereof, until said statement has
been signed as required herein. The foregoing approval and signing
shall constitute official approval of the "PUD" designation for the
subject tract. Rezoning may be made contingent upon the "PUD" statement
being property signed.
[R.O. 2012 §405.600]
A.
The
Planning and Zoning Commission shall determine and shall provide evidence
of same in its report to the Board of Aldermen and the Board of Aldermen
shall determine, based upon its review of the Commission report and
its own findings that the proposed area plan meets the intent of this
Article and meets the following standards:
1.
The use of land shall be in conformance with the permitted uses of
the district in which the proposed development is to be located and
conforms to the adopted Comprehensive Plan or any part thereof, or
represents land use policy which, in the Commission's opinion, is
a logical and acceptable change in the adopted Comprehensive Plan.
2.
The average density of development within the "PUD" shall remain
the same as would be permitted if the area were to be developed conventionally.
Average density is to be calculated as total land area excluding public
right-of-way, land to be used as detention basins and common ground
so long as such common grounds are developed with acceptable amenities.
3.
The proposed development shall be adequately served by public facilities
and services, such as: highways, streets, easements, drainage courses,
storm water retention and detention facilities, water and sanitary
sewer facilities in a manner acceptable to the Board.
4.
Each phase of the proposed development shall not be dependent upon completion of subsequent phases of the same development for the facilities and services identified in Subsection (3) above.
5.
Open space, individual properties, and all other elements of the
"PUD" are so planned that they will achieve a unified environmental
scheme, with open spaces and all other elements in appropriate locations,
suitably related to each other, the site and the surrounding land.
All open spaces shall be permanently secured as such to the satisfaction
of the Board.
6.
The location of the proposed uses, layout of the site and its relation
to streets giving access to it, shall be such that traffic to, from,
and within the tract, and concentration of person in connection therewith,
will not be hazardous or inconvenient to the project or the neighborhood.
In applying this standard, the Commission and the Board shall consider
among other things, convenient routes for pedestrian traffic, particularly
of children, relationship of the proposed project to main thoroughfares
and street intersections; and the general character and intensity
of the existing and potential development of the neighborhood.
7.
Where applicable, the Planning and Zoning Commission and the Board
shall determine that the noise, odor, light, or other external effects
from any source whatsoever, which are connected with the proposed
use, will not adversely affect adjacent and neighboring areas and
uses.
8.
Yard requirements along the perimeter of the "PUD" shall be at least
equal to those required in the district(s) in which the "PUD" is located.
[R.O. 2012 §405.605]
A.
Approval
of the area plan by the Board of Aldermen shall have the following
effects:
1.
Approval shall assure the applicant that the area plan is acceptable
to the Board for a three (3) year period provided construction is
diligently pursued, and authorizes the applicant to file a final site
plan for the entire tract or portion thereof if the "PUD" is developed
in phases. The foregoing to the contrary notwithstanding, any area
which has prior to the effective date of these regulations been designated
for development as "planned unit development" or as a "planned residential
development" shall not be subject to the time limitations set forth
herein. Any owner of an area which has been designated as a "planned
residential development" or as a "planned unit development" prior
to the effective date of these regulations shall have a vested right
in and to such designation which may only be eliminated by either
the request of the owner or by the owner failing to install required
infrastructure improvements within the area within the time and manner
required by the City.
2.
Official approval of the area plan shall confer "PUD" status to the
subject tract and permit modifications of lot area, lot width, yard
requirements, and spacing among buildings and structures within the
lot, except on the perimeter thereof, all as set forth in the approved
area plan.
3.
No deviations from the area plan approved by the Board of Aldermen
shall be permitted except as provided for in this Article.
4.
Approval of the area plan of a "PUD" shall expire and be of no effect
one (1) year after the date of approval unless a final site plan has
been approved by the Planning and Zoning Commission for the initial
phase within such one (1) year period.
5.
Approval of the area plan of a "PUD" shall recognize the developer's
right to construct the development.
[R.O. 2012 §405.610]
[R.O. 2012 §405.615]
A.
The
Planning and Zoning Commission shall, upon receipt of a Final Site
Plan, study same and approve or deny the Final Site Plan. The Commission
shall advise the applicant of its action in writing. If the final
site plan is denied, the applicant shall make the required changes
and resubmit the plan to the Planning and Zoning Commission.
B.
The
Planning and Zoning Commission shall transmit the approved final site
plan to the Board of Aldermen for its information.
C.
The
applicant and owner(s) of record shall review the approved final site
plan and sign a statement that the approved final site plan shall
be binding upon the applicant and the owner(s) and their heirs, successors
and assigns.
D.
Building
Permits may be issued after the applicant has signed the required
statement.
E.
The
procedure of this Section shall be repeated in full for each phase
of the development in the approved area plan.
F.
Final site plan approval shall be subject to the requirements of a giving of escrow as outlined in Section 410.070(B)(8).
[R.O. 2012 §405.617]
A.
The
Planning and Zoning Commission, in granting final site plan approval,
shall determine that the following standards have been met.
1.
The final site plan shall conform to the approved area plan, except
that minor variations may be permitted at the discretion of the Zoning
Enforcement Officer without amendment of the approved area plan. Minor
variations include, among others, a change in residential floor area,
an increase in non-residential floor area of five percent (5%) or
less, and a change in layout. The applicant shall provide the Zoning
Enforcement Officer a revised area plan which incorporates such changes.
The revised plans shall each be signed by the applicant and owner(s)
of record. Modifications, such as, but not limited to, a change in
use, type of street, increase in density or intensity of development,
type of dwelling unit, or an increase in non-residential floor area
of over five percent (5%), shall be considered major changes and shall
require amendment of the approved area plan. The Zoning Enforcement
Officer shall determine whether a change is minor or major, in accordance
with this Section.
2.
All dedications shall be effective upon recording.
3.
If the area is to be developed in phases, each phase shall not depend
upon subsequent phases for adequate access, utilities or public facilities.
[R.O. 2012 §405.620]
A.
Once
a developer has received final plan approval, it shall be the developer's
responsibility to maintain the following at their offices available
to public:
1.
Description of the developer's subdivision trustees' responsibilities
for common ground within the subdivision.
2.
A copy of their approved final plan indicating the nature of all
adjacent zoning as of the date of approval.
3.
A copy of all indentures, restrictions and covenants to be available
also.
[R.O. 2012 §405.623]
All open spaces identified in the approved area plan and which
are to remain in private ownership shall permanently remain as open
space and shall be properly maintained.
[R.O. 2012 §405.625]
An approved "PUD" project may be amended at either the area
plan or final site plan stage by use of the procedure for original
approval. An amendment to a final site plan which results in a major
change in the area plan shall require an amendment of the area plan
and shall be processed in the same manner as the original application
with a public hearing before the Planning and Zoning Commission following
due public notice as required by law.
[R.O. 2012 §405.627]
A.
If
a tract has been designated as a "PUD" by the Board of Aldermen, said
tract shall not be developed or used except in accordance with the
approved area plan and final site plan unless and until such designation
is removed by formal action of the Board of Aldermen.
B.
A final
site plan for the entire area designated as a "PUD" or Final Site
Plans for each phase of a "PUD" which is planned in phases must be
approved by the Planning and Zoning Commission within one (1) year
of the date of approval of the area plan. Failure to obtain approval
of Final Site Plans as herein provided shall authorize the Board of
Aldermen to revoke, at its discretion, the right to develop under
the approved area plan and to require that a new area plan be filed
and reviewed in accordance with the provisions of this Article.
C.
Approval
of the final site plan as a "PUD" shall expire and be of no effect
one hundred eighty (180) days after the date of approval unless construction
is begun and is diligently pursued in accordance with the approved
plan. Expiration of the approved final site plan shall authorize the
Board of Aldermen to require filing and review of a new final site
plan in accordance with the provisions of this Article.
D.
Development
of a final site plan under an approved "PUD" shall be completed within
two (2) years of the date of approval. If said development is not
so completed, the Commission shall not review or approve plans for
any subsequent phases of the "PUD" unless good cause can be shown
for not completing same. The time limits as set forth herein shall
not be applicable to a "planned unit development" which was approved
prior to the effective date of these regulations.
[R.O. 2012 §405.630]
Time limits set forth in this Article may be extended only by
formal action of the Board of Aldermen.
[R.O. 2012 §405.633]
The approved area plan and/or final site plan shall have the
full force of the Zoning Code. Any violation of either the approved
area plan or approved final site plan shall be grounds for the Zoning
Enforcement Officer to issue a stop-work order and to withhold Building
Permits until the violation is cured.
