[Amended 4-4-2017 by Ord.
No. 1766; 2-19-2019 by Ord. No. 1817; 5-19-2020 by Ord. No. 1878]
The PUD Planned Unit Development Overlay District is intended
to provide flexibility in the design of planned projects; to encourage
innovation in project design that incorporates open space and other
amenities; and to insure compatibility of developments with the surrounding
urban environment. The PUD Planned Unit Development Overlay District
is intended to promote developments which will be advantageous to
Papillion and its urban form by permitting project design that will
surpass the quality of development resulting from application of the
regulations of conventional zoning districts. The PUD Planned Unit
Development Overlay District is not intended to encourage deviations
from the City's comprehensive plan or overall development objectives.
The District shall not be used to secure approval for projects that
do not conform to the City's comprehensive plan.
In order to permit maximum applicability of the PUD Overlay
District, the PUD-1 and PUD-2 Districts are hereby created.
A.
The PUD-1 (General PUD) District is intended to accommodate large,
comprehensively planned developments that are likely to develop over
a relatively long period of time. The PUD-1 District creates special
guidelines and regulations to ensure that development over time conforms
to an established master plan. The PUD-1 District also may establish
the preliminary and/or final plat for those projects that require
platting.
B.
The PUD-2 (Specific PUD) District is intended to accommodate projects
for which the specific design of individual buildings and elements
may be determined. Several PUD-2 Districts may be incorporated into
a single larger PUD-1 District, provided that such projects are consistent
with the overall design and development standards of the PUD-1 District.
The PUD Planned Unit Development Overlay District is generally
intended for use in the following urban contexts.
A.
Vacant land. Areas of substantial open space where the structure
of conventional zoning may artificially limit or constrain good urban
design may restrict the achievement of the City's development objectives,
or may not be appropriate to changes in technology or demand consistent
with the best interests of the City of Papillion.
B.
Community development areas. Areas of the City that are in need of
rehabilitation or redevelopment, including areas that may be deficient
in public facilities or services. In these situations, the PUD District
may encourage private investment by recognizing the need for flexibility
that conventional zoning regulations do not provide.
C.
Neighborhood contexts. Areas in which sensitive project design is
critical to maintain and protect the value of surrounding residential
neighborhoods and other sensitive or vulnerable urban settings.
D.
Large projects. Projects that have substantial effects on their urban
and rural surroundings because of their size and scale.
E.
Large areas that may be zoned prior to development by the Planning
Commission and City Council consistent with the Comprehensive Plan,
but which require individual project approval as development occurs.
A planned unit development may include residential, office,
civic, commercial, industrial, or public land uses, subject to the
requirements of the underlying zoning district. The PUD Overlay District
may also be used in combination with the MU Mixed-Use District.
A.
Minimum size. The minimum size of a PUD-1 District shall be three
acres.
B.
Preapplication concept plan. Prior to filing an application for approval
of a PUD-1 District, the applicant shall meet with the Planning Director
for the purpose of submitting a preapplication concept plan. This
plan shall illustrate the conceptual overall plan for the PUD-1 District
and shall include at a minimum the information required in the PUD
District Application Requirements Table.
C.
Preapplication concept plan review. The Planning Director shall review
and comment on the proposed preapplication concept plan and shall
provide the applicant with written comments within 30 days of submission
of the preapplication concept plan.
D.
Criteria for preapplication concept plan review. The review of the
preapplication concept plan shall include consideration of the following
criteria:
(1)
Land use intensity and density.
(2)
Ability to provide a positive environment for intended uses,
including schematic building configurations, arrangements, and general
landscaping and site design.
(3)
Use of open space.
(4)
Impact on the surrounding natural and built environment.
(5)
Adequacy of on- and off-site transportation and utility systems
to serve the proposed project.
(6)
Consistency with the City of Papillion's comprehensive plan.
E.
Filing of a formal PUD-1 application. Following the Planning Director's review of the preapplication concept plan, the applicant may proceed with filing a formal application for approval of a PUD-1 District. This application shall illustrate the development master plan for the PUD-1 District and shall include at a minimum the information required in the PUD District Application Requirements Table under § 205-135.
F.
Development agreement for PUD-1 District. A PUD-1 application shall
include a development agreement establishing the development regulations
for the PUD-1 District unless the establishment of such PUD-1 District
is initiated by the Planning Commission or City Council. The development
agreement shall specify the following regulations:
(1)
Location and quantities of various land uses.
(2)
Maximum building and impervious coverage.
(3)
Front, side, and rear yard setbacks.
(4)
Maximum heights of proposed structures.
(5)
Design standards applicable to the project.
(6)
Incorporation of graphic development plans and drawings into
the site development regulations.
G.
Review by Planning Commission and City Council. The Planning Commission
and City Council shall review and evaluate each PUD-1 District application.
The Planning Commission may recommend and City Council may impose
reasonable conditions, as deemed necessary to ensure that a PUD-1
District shall be compatible with adjacent land uses, will not overburden
public services and facilities and will not be detrimental to public
health, safety, and welfare.
H.
Planning Commission action. The Planning Commission, after proper
notice, shall hold a public hearing and act upon each application.
The Planning Commission may recommend amendments to PUD-1 District
applications. The recommendation of the Planning Commission shall
be transmitted to the City Council for final action. Proper notice
shall mean the same notice established for any other zoning amendment.
I.
City Council action. The City Council, after proper notice, shall
hold a public hearing and act upon any ordinance establishing a PUD-1
District. Proper notice shall mean the same notice established for
any other zoning amendment.
J.
Findings of fact. In their respective reviews of the PUD-1 District application, the Planning Commission and City Council shall base decisions on findings of fact based on the Review Criteria Table under § 205-301.
K.
Issuance of building permits. The City shall not issue a building
permit, certificate of occupancy, or other permit for a building,
structure, or use within a PUD-1 District unless it is in compliance
with the approved development plan and any approved amendments.
L.
Changes or modifications to development plans.
(1)
Major amendment. Any major amendment to an approved development
plan shall be submitted to the Planning Commission for review and
City Council for action. A major amendment shall be defined as any
of the following changes or modifications:
(a)
An increase in the density of the development;
(b)
Substantial changes in circulation or access;
(c)
Substantial changes in the mix of dwelling unit types included
in the project;
(d)
Substantial changes in grading or utility provision;
(e)
Substantial changes in the mixture of land uses;
(f)
Reduction in approved open space, landscaping, or buffering;
(g)
Substantial changes in architectural or site design features
of the development;
(h)
Any other change or modification that the Planning Director
finds is a major divergence from the approved development plan. All
other changes or modifications in the approved development plan shall
be considered minor amendments.
(2)
Minor amendments. The Planning Director is authorized at his/her
discretion to approve minor amendments to an approved development
plan, provided that:
(a)
A written request is filed with the Planning Director, along
with information specifying the exact nature of the proposed amendment.
(b)
The amendment is consistent with the provisions of this section.
(c)
The amendment does not constitute a major amendment as defined in § 205-132L(1).
(d)
Any amendment not conforming to these provisions shall be submitted
to the Planning Commission for review and City Council for action.
M.
Termination of PUD-1 District. If no substantial development has taken place in a Planned Development District for three years following approval of the District, the Planning Director or Planning Commission may initiate an action to terminate the PUD-1 District and rezone the property. Such action follows the procedure for zoning map amendments set forth in § 205-303.
In some situations, the Planning Commission and/or City Council
may initiate or the City Council with the recommendation of Planning
Commission may approve a rezoning of an area to a PUD-1 District without
submission of a detailed development plan. This action shall establish
the land uses permitted in an area consistent with the Comprehensive
Plan, but shall require subsequent approval of specific projects through
the normal PUD-1 or PUD-2 application submission or approval procedures.
An application for creation of such a PUD-1 District shall contain
the following:
A.
A statement describing the special characteristics of the district
and the reason for its creation.
B.
A map indicating the boundaries of the proposed district.
C.
A generalized area development plan for the proposed district, including:
(1)
A land use component, identifying proposed uses and the extent
and location of each use.
(2)
A transportation element, identifying any relevant vehicular,
pedestrian, or bicycle transportation improvements necessary to ultimate
development of the area.
(3)
A utility service statement, identifying any necessary utility
or infrastructure improvements necessary to the ultimate development
of the area.
(4)
An urban design element, if applicable, describing design frameworks,
building scale and relationships, siting, landscape design, and other
guidelines relating to the specific physical or urban environment
of the proposed district.
A.
Minimum size. A PUD-2 District may be established on a site of any
size.
B.
Preapplication concept plan. Prior to filing an application for approval
of a PUD-2 District, the applicant shall meet with the Planning Director
for the purpose of submitting a preapplication concept plan. This
plan shall illustrate the conceptual overall plan for the PUD-2 District
and shall include at a minimum the information required in PUD Application
Requirements Table.
C.
Preapplication concept plan review. The Planning Director shall review
and comment on the proposed preapplication concept plan and shall
provide the applicant with written comments within 30 days of submission
of the preapplication concept plan.
D.
Criteria for preapplication concept plan review. The review of the
preapplication concept plan shall include consideration of the following
criteria:
(1)
If located within a pre-existing PUD-1 District, consistency
with the terms and conditions of such PUD-1 District.
(2)
Land use intensity and density.
(3)
Ability to provide a positive environment for intended uses,
including schematic building configurations, arrangements, and general
landscaping and site design.
(4)
Use of open space.
(5)
Impact on the surrounding natural and built environment.
(6)
Adequacy of on- and off-site transportation systems to serve
the proposed project.
(7)
Architectural quality and compatibility of the proposed project
with the scale and appearance of surrounding areas.
(8)
Consistency with the City of Papillion's comprehensive plan.
E.
Filing of a formal PUD-2 application. Following the Planning Director's
review of the preapplication concept plan, the applicant may proceed
with filing a formal application for approval of a PUD-2 District.
This application shall illustrate the development master plan for
the PUD-2 District and shall include at a minimum the information
required in the PUD Application Requirements Table.
F.
Development agreement for PUD-2 District. A PUD-2 application shall,
when required by the Planning Director, include a development agreement
establishing the development regulations for the PUD-2 District. The
development agreement may specify the following regulations:
(1)
Location and quantities of various land uses.
(2)
Maximum building and impervious coverage.
(3)
Front, side, and rear yard setbacks.
(4)
Maximum heights of proposed structures.
(5)
Design standards applicable to the project.
(6)
Incorporation of graphic development plans and drawings into
the site development regulations.
G.
Review by Planning Commission and City Council. The Planning Commission
and City Council shall review and evaluate each PUD-2 District application.
For PUD-2 applications within a preexisting PUD-1 District, the review
shall be limited to:
H.
Planning Commission action. The Planning Commission, after proper
notice, shall hold a public hearing and act upon each application.
The Planning Commission may recommend amendments to PUD-2 District
applications. The recommendation of the Planning Commission shall
be transmitted to the City Council for final action. Proper notice
shall mean the same notice established for any other zoning amendment.
I.
City Council action. The City Council, after proper notice, shall
hold a public hearing and act upon any ordinance establishing a PUD-2
Planned Unit Development District. Proper notice shall mean the same
notice established for any other zoning amendment.
J.
Findings of fact. In their respective reviews of the PUD-2 application, the Planning Commission and City Council shall base decisions on findings of fact findings of fact based on the Review Criteria Table under § 205-301. The Planning Commission and City Council may impose reasonable conditions, as deemed necessary to ensure that a PUD shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety, and welfare.
K.
Issuance of building permits. The City shall not issue a building
permit, certificate of occupancy, or other permit for a building,
structure, or use within a PUD-2 District unless it is in compliance
with the approved Development Plan and any approved amendments.
L.
Changes or modifications to development plans in the PUD-2 District.
(1)
Major amendment. Any major amendment to an approved development
plan shall be submitted to the Planning Commission for review and
City Council for action. A major amendment shall be defined as any
of the following changes or modifications:
(a)
An increase in the density of the development;
(b)
Substantial changes in circulation or access;
(c)
Substantial changes in the mix of dwelling unit types included
in the project;
(d)
Substantial changes in grading or utility provision;
(e)
Substantial changes in the mixture of land uses;
(f)
Reduction in approved open space, landscaping, or buffering;
(g)
Substantial changes in architectural or site design features
of the development;
(h)
Any other change or modification that the Planning Director
finds is a major divergence from the development plan. All other changes
or modifications in the development plan shall be considered minor
amendments.
(2)
Minor amendments. The Planning Director is authorized at his/her
discretion to approve minor amendments to an approved development
plan, provided that:
(a)
A written request is filed with the Planning Director, along
with information specifying the exact nature of the proposed amendment.
(b)
The amendment is consistent with the provisions of this section.
(c)
The amendment does not constitute a major amendment as defined in § 205-134L(1).
(d)
Any amendment not conforming to these provisions shall be submitted
to the Planning Commission for review and City Council for action.
M.
Termination of a PUD-2 District. If no substantial development has taken place in a PUD-2 District for three years following approval of such PUD-2 District, the Planning Director or Planning Commission may reconsider the zoning of the property and may, on its own motion, initiate an application for rezoning the property. Such action follows the procedure for zoning map amendments set forth in § 205-303.
The following table sets forth preapplication concept plan and
the application requirements for the designation of PUD Districts.
The Planning Director at his/her discretion may require additional
information necessary for the complete consideration of the PUD application.
|
Application Requirement
|
PUD-1 Concept Plan
|
PUD-1 Application
|
PUD-2 Concept Plan
|
PUD-2 Application
|
|---|---|---|---|---|
|
Location, size, and legal description of site
|
X
|
X
| ||
|
Existing topography at 2-foot intervals
|
X
|
X
| ||
|
Location and description of major site features, including tree
masses, drainageways, wetlands, soils
|
X
|
X
| ||
|
A map showing land uses within 200 feet of the boundary of the
site
|
X
|
X
| ||
|
Location of 100-year floodplains
|
X
|
X
| ||
|
Generalized land use plan
|
X
|
X
| ||
|
Proposed types and densities of development
|
X
|
X
| ||
|
Generalized internal and external transportation and circulation
system, including pedestrian and bicycle system
|
X
|
X
| ||
|
Traffic impact study, if required
|
X
|
X
| ||
|
General location and size of buildings or building footprints
|
X
|
X
| ||
|
Statistical summary of the project, including gross and net
site area, number of housing units by type, gross floor area of other
uses, total amount of parking, and building and impervious surface
coverage
|
X
|
X
|
X
|
X
|
|
Site master plan, including general envelopes of buildings,
parking, open space, and other site features
|
X
| |||
|
Description and location of all use types included in the project,
including maximum floor areas devoted to each use
|
X
|
X
| ||
|
Location and design of vehicular, bicycle, and pedestrian circulation
systems, including relationship to external transportation system
|
X
|
X
| ||
|
Schematic location and development standards for open space,
including conceptual landscape plan
|
X
| |||
|
Grading plan at 1-foot contours, including erosion control plans
|
X
|
X
| ||
|
Building design standards, including height, materials, sections,
and other information required to describe the project
|
X
|
X
| ||
|
Location of existing and proposed utilities, sanitary sewers,
stormwater facilities, and water, gas, and electrical distribution
systems
|
X
|
X
| ||
|
General locations and sizes of signs and street graphics
|
X
| |||
|
Location of driveways or access points adjacent to the project
|
X
|
X
| ||
|
Proposed site development regulations, including maximum FAR
or other density regulators, building and impervious coverage, setbacks,
maximum heights, and other design standards specific to the project
|
X
| |||
|
Detailed site plan, displaying specific location or building
envelope limits for all major site structures; location of open spaces;
parking facilities; and vehicular circulation
|
X
| |||
|
Exterior building elevations and floor plans
|
X
| |||
|
Detailed open space and landscape plan
|
X
| |||
|
Utility plans for all proposed utility improvements
|
X
| |||
|
Location, size, style, and lighting of signage, including directional
and signage control
|
X
| |||
|
Location and design of proposed site lighting
|
X
| |||
|
Proposed public and private ownership boundaries, including
proposed private lots and common ownership areas
|
X
|
X
| ||
|
Preliminary plat
|
If required
|
If required
| ||
|
Final plat
|
If required
|
If required
| ||
|
Schedule indicating proposed phasing and scheduling of development
|
X
|
X
| ||
|
Deed restrictions, covenants, agreements, association bylaws,
and other documents controlling the use of property, type of construction,
or development or activities of future residents
|
If required
|
If required
| ||
|
Development agreement
|
X
|
If required
| ||
|
Appropriate bonds to ensure construction of public improvements
|
If required
|
If required
| ||
|
Application checklist on a form provided by the City
|
X
|
X
|
