The planned unit development (PUD) plan process is a review procedure designed to encourage innovative land planning and design and avoid the monotony sometimes associated with large developments by:

(a)

Reducing or eliminating the inflexibility that sometimes results from strict application of zoning standards that were designed primarily for individual lots;

(b)

Allowing greater freedom in selecting the means to provide access, light, open space, and design amenities;

(c)

Encouraging a sensitive design that respects the surrounding established land use character and natural or man-made features of the site including, but not limited to, trees, historic features, streams, hillsides, and floodplains;

(d)

Promoting quality design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations, and land uses;

(e)

Allowing deviations from certain zoning standards that would otherwise apply if not contrary to the general spirit and intent of this [chapter] and the Comprehensive Plan; and

(f)

Allowing for a creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

(a)

The PUD review process consists of a PUD development plan that is reviewed and approved by the city council after a recommendation from the plan commission. Once approved, the PUD development plan proceeds to PUD site plan review (see section 1243.15).

(b)

The PUD development plan procedures set forth below do not constitute a zoning map amendment. Uses are determined in accordance with base zoning districts and established overlay districts, if any. Applicants in the PUD development plan process may simultaneously request zoning map amendments, pursuant to section 1244.03.01 (Amendments) and 1244.03.2 (City council).

(Ord. No. 5978-5-15, § 3, 5-4-2015)

An applicant may choose to initiate a PUD application for a project of a minimum of one acre.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

A PUD development plan is required for projects meeting any one of these criteria:

(a)

A mixed use development comprised of commercial uses in a residential zoning district;

(b)

A mixed use development comprised of residential use in a commercial district (except as allowed in the B-1 central business district and MU-1 downtown mixed use district);

(c)

A multi-family residential development in the R-2 zoning district in which density per dwelling units per acre is greater than 10.89 (per the provisions of section 1242.02.03(b)(3) Multiple Family Dwelling District (R-2));

(d)

Attached residential projects containing any three of the following criteria:

• Fifteen or more contiguous acres

• Two hundred or more units

• Five or more principal buildings

• Located at the intersection of two arterials or an arterial and a collector street.

(e)

Any commercial use not in the M-1 Light Manufacturing zoning district which exceeds 20,000 square feet in gross floor area immediately adjacent to any residential zoning district;

(f)

Any lot on which more than one principle building is proposed; and

(g)

Any new building taller than three stories located in the B-1B district, when it is adjacent to property zoned R-1 or is located across a right-of-way from property zoned R-1.

(Ord. No. 5978-5-15, § 3, 5-4-2015; Ord. No. 6623-11-19, § 2(Exh. D), 11-5-2019)

The uses allowed within the PUD development plan are based on the uses permitted within the base zoning district on the site. Mixed use residential/commercial use developments are encouraged if the PUD development plan demonstrates a need for a residential or commercial element to the proposal, if the site and surrounding areas can successfully accommodate these uses, and if the impact of these uses can be positively integrated into the PUD development plan in the long term.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

An application for a PUD may be initiated by the property owner or other person with authority to file an application.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

The council is to approve PUD development plans by resolution regardless of the need for an associated zoning map amendment application. The review procedure for a PUD is as follows:

(a)

Step 1 — Submission of PUD development plan preliminary information. The applicant shall supply the preliminary information to the city planner prior to the pre-application conference per the provisions of the administrative manual. The preliminary information shall include:

1.

Sketch plan of the proposed development (to scale); and

2.

Project statement of intent addressing:

A.

Location of proposed project;

B.

Site and site characteristics, including lot size(s), total site acreage, maximum gross square feet of the building floor area proposed, and the minimum percentage of the site to be maintained in active and passive greenspace (consistent with Land Development Code, Division 1, Article 5, Section 5-17, Provision of green space) and a general description of how exterior lighting and signage will be addressed;

C.

Proposed building height(s), setbacks, and planned exterior building materials to be used;

D.

Proposed land uses (If a mixed use development, applicant will be prepared to address the provisions of section 1243.05 (Uses));

E.

Proposed infrastructure improvements (public or private);

F.

Demographics of proposed occupants (in the case of commercial and/or industrial occupants, also include standard industrial classification (SIC codes);

G.

Proposed project scheduling and/ or phasing if appropriate;

H.

All proposed deed restrictions and/or covenants for the proposed project;

I.

The planning objectives and the character of the development to be achieved through the PUD;

J.

The number and type of dwelling units proposed, including the density and intensity calculations required by this ordinance, and the approximate location, arrangement, and intensity of use and size of any nonresidential buildings and structures and their parking facilities;

K.

The approximate proposed traffic and pedestrian circulation plan, including major streets, pedestrian and bike paths, and trails;

L.

The approximate location of any proposed major common open space, any proposed community and public facilities, and any floodplain, wetlands or other natural resource areas designated for preservation;

M.

A plan showing how the site will adhere to fire, police and emergency vehicle needs, including overall site access as well as access to individual buildings; and

N.

Other items which may be required per the instructions by the city planner.

(b)

Step 2 — Pre-application conference. The applicant shall meet with the PUD review committee (PUD-RC). The PUD-RC is comprised of the chair of administrative and community services committee (ACS), the chair of public services committee (PSC), the chair of the plan commission, the public works director, and the city planner or their respective designees. Other city staff as well as representatives from other state, county and local governments and utilities as appropriate may also provide input about the information submitted in Step 1. The PUD-RC may offer the applicant an initial informal reaction to the project plans, but such comments are advisory and in no manner commit the city to any plan proposal or element.

(c)

Step 3 — Plan commission conceptual project workshop. Unless waived as provided below, the applicant shall present their project at an informal public conceptual project workshop with the plan commission.

1.

The city planner shall publish a public meeting notice to schedule the conceptual project workshop at the next regularly scheduled plan commission meeting per the administrative manual. The public meeting notice shall indicate the time, date and place of the meeting, and briefly describe the PUD development plan preliminary information. The public meeting notice shall be given not more than 30 or less than 15 days before the scheduled meeting in a newspaper of general circulation within the city. This workshop is not a public hearing. The plan commission may offer the applicant an initial informal reaction to the project plans, but such comments are advisory only and in no manner commit or bind the plan commission to any plan proposal or element.

2.

The applicant shall provide the city planner with powerpoint slides to address at least the following prior to the workshop being scheduled:

A.

Slide 1: Vicinity Map/Project Attributes (size, density, uses);

B.

Slide 2: Physical Features Map;

C.

Slide 3: Existing Conditions Map;

D.

Slide 4: Circulation System — Street network, sidewalks, trails;

E.

Slide 5: Project Map;

F.

Slide 6: Open Space/Parkland — Location of active and passive areas; and

G.

Slide 7: Phasing/Infrastructure — Development sequence and order of public improvement installation.

3.

The requirement for a conceptual project workshop meeting may be waived if the city planner and the director of public works mutually determine that the meeting would have limited (if any) benefit due to a limited impact on the neighborhood, environmental protection efforts, or infrastructure.

However a PUD conceptual project workshop is not to be waived if the proposal is among those project types listed in section 1243.04.

(d)

Step 4 — PUD development plan application and initial review. The applicant shall submit an application in accordance with this section. The application shall be made within 180 days after the pre-application conference (Step 2), or if later, within 180 days after the PUD conceptual project workshop (Step 3). If the applicant fails to submit an application within the applicable time period, the applicant shall begin the review procedure from Step 1 (Submittal of PUD development plan preliminary information).

1.

Upon application, the city planner shall establish a tentative review schedule and distribute the PUD to the appropriate city review staff, relevant non-city agencies, and members of the PUD-RC. A meeting comprised of Pre-application conference participants (per Step 2) will be conducted to review the application based on the schedule within the administrative manual. All comments and recommendations shall be provided in writing to the applicant.

2.

The application must include the following information:

A.

The name of the proposed PUD development, and names, addresses and phone numbers of the owner(s) of record, and licensed engineer, surveyor or designer responsible for the planning, engineering, survey and design and date of submittal.

B.

A location map with north arrow.

C.

Gross and net acreage area of proposed subdivision, acreage of street rights-of-way; the acreage of any areas reserved for common use of the property owners within the subdivision and/or for public use; and the gross acreage reserved for green space, the net acreage for active green space and met acreage for passive greenspace.

D.

Legal description of the entire planned development and identification of the portion of Public Lands Survey in which the PUD is located.

E.

Enough information on land areas adjacent to the proposed PUD to show the relationships between the proposed development and adjacent areas, including Zoning District classification of the subject tract and adjacent land, land uses, densities and intensities, circulation systems, public facilities, and floodplains, wetlands, and other natural resource areas.

F.

All lot lines adjacent to and abutting the planned unit development.

G.

Types of existing vegetation and topography of the tract to be developed.

H.

Locations of such features as bodies of water, pending areas, natural drainage, railroads, cemeteries, and bridges.

I.

Rights-of-way lines of all existing streets, other existing rights-of way and existing easements. Include accurate locations of all streets intersecting the boundaries of the PUD, include street names, ROW width, pavement width and existing sidewalks.

J.

Accurate tract boundary lines, with dimensions and bearings or angles which provide a survey of the tract, closing with an unadjusted error of closure of not more than one foot in 10,000 feet; or not more than 0.5 foot, whichever is less.

K.

Building sites identified by number within the PUD, including building envelop dimensions and areas.

L.

Purpose(s) for which sites, other than private building envelopes, are needed, including active and passive greens pace areas and required drainage areas.

M.

Payment of the required application fee.

N.

A list containing the names and addresses of all owners of property located within 250 feet of the property (not including existing right-of-way).

O.

If the development is to be built in phases, a development schedule indicating:

1)

The approximate date when construction of the project can be expected to begin;

2)

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

3)

The anticipated rate of development;

4)

The approximate date when the development of each of the stages will be completed; and

5)

The area and location open space, community and public facilities, and preserved floodplains, wetlands, and other natural resource areas that will be provided at each stage.

P.

Off-street parking areas and facilities, service areas, loading areas and points of access to adjacent public rights-of-way.

Q.

A pedestrian and bike path circulation system, including trails, and its interrelationship and proposed treatment of points of conflict with the traffic circulation system.

R.

A landscape plan showing the materials to be used and their treatment for private and common open space.

S.

The proposed treatment of the perimeter of the PUD, including land use restrictions, setbacks, landscaping, and other measures, such as screens, fences and walls.

T.

Any additional information requested by the city planner.

3.

The applicant is responsible for the following as part of their due diligence review efforts:

A.

Confirmation of the location and size of existing sanitary and storm sewers, water lines (with static pressure), non-city utilities such as electricity, natural gas, cable, and telephone, fire hydrants, flood hazard areas, and proposed location of general stormwater detention basins.

B.

Confirmation that existing and proposed streets and street ROW will be in compliance with Table 5-A of Division 1, Article 5 of the Land Development Code. Dedication of additional ROW on existing streets may be required. Direct driveway access to arterial streets must be consistent with the Land Development Code.

C.

Confirmation that the proposed PUD provides adequate means of ingress and egress consistent with the Land Development Code and the requirements of the fire department.

D.

Confirmation as to whether an existing or proposed street properly connects to adjoining property and/or stub streets, and whether proposed or existing streets are called out in the Comprehensive Plan for future street improvements.

E.

Confirmation that proposed cul-de-sacs are 500 feet in length or less, the block lengths are between 500 and 1,400 feet in length (not less than 1,000 feet on collector streets).

F.

Sidewalks are required on both sides of the street throughout the entire PUD.

G.

A set of signed "as-built" public improvement plans acceptable to the public works department is required prior to moving to the PUD site plan stage. As an alternative, the applicant may provide a signed irrevocable letter of credit or a performance bond to the city in a sufficient amount to cover the costs of required public improvements.

(e)

Step 5 — Final staff review. The applicant shall address the comments, corrections, and recommendations in Step 4 in writing and submit a revised PUD development plan. The department of public works shall conduct a final review to insure that all comments are adequately addressed. A public hearing will be scheduled according to the administrative manual and a report prepared to the plan commission recommending the approval, approval with conditions, or disapproval of the PUD development plan application. Comments which are not adequately addressed or proposed changes to the PUD development plan which the city planner determines to be unsatisfactory are sufficient reason to recommend that the PUD development plan not move forward to Step 6.

(f)

Step 6 — Plan commission review. The plan commission shall hold a public hearing on a date established by the Administrative Manual. The plan commission shall make a recommendation to city council to approve, approve with conditions, or disapprove the PUD development plan application in consideration of the approval criteria outlined in section 1243.08 below.

(g)

Step 7 — City council review and decision of the PUD development plan. The city council shall review, hear, and make the final decision on all applications for a PUD development plan application. In making its decision, the council shall consider but not be bound by the recommendation of the plan commission. The council shall make a decision on the PUD development plan application in accordance with this chapter and state law. The council shall hold one reading on the PUD development plan resolution, and it shall also be a public meeting. If the PUD development plan is accompanied by a rezoning request, then the PUD development plan shall be placed on the same council agenda as the second reading and public hearing of the rezoning request. Upon council's approval of the PUD development plan resolution, the PUD development plan shall be considered to be approved.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

Recommendations and decisions about a PUD development plan ("Plan") by the plan commission and council are to be based on consideration of the following criteria:

(a)

Plan and ordinance consistency. Whether the plan is consistent with the Comprehensive Plan and other applicable city plans; whether the Plan is consistent with the purpose of this chapter; the plan's impact on the natural environment, including air, water, noise, stormwater management, wildlife habitat, water quality, and vegetation; whether the Plan will ensure efficient development within the city; whether the plan will result in a logical and orderly development pattern; and whether the proposed uses are permitted or, in the case of mixed use development, consistent with the applicable base or overlay zoning districts, other applicable districts, and the Comprehensive Plan.

(b)

Proposed uses. If a mixed use development, applicant must be prepared to address the provisions of section 1243.05 (Uses).

(c)

Design. Whether the plan illustrates a design that supports and is consistent with the Comprehensive Plan; whether the plan will provide community amenities to support the public health, safety, and general welfare including, but not limited to, land dedicated for additional passive and active greenspace, and non-vehicular connections (e.g. bike/hike trails) to the greater community; and whether the development is comprehensively planned and integrated, compact, and linked by pedestrian and vehicular connections to surrounding properties (where appropriate and feasible).

(d)

Appearance. Whether the Plan will utilize building architectural design(s) and features that are compatible with the surrounding neighborhood and/or consistent with the planned development of the area per the Comprehensive Plan (the regulatory code for the 1-55 Corridor Area). Special attention will be given to the quality and aesthetics of exterior building materials, which are to be described in the plan.

(e)

Public facilities and infrastructure. Whether the plan demonstrates a safe and adequate on-site transportation circulation system that is integrated with the off-site circulation system of the city; whether the plan provides for sufficient pedestrian and vehicular connections between residential and nonresidential uses and with the planned on-site open space and recreational uses; whether the plan will not place undue burden upon the infrastructure for potable water supply, sewage disposal, solid waste disposal, storm water and electrical supply (or will otherwise commit to making needed upgrades to these systems via the PUD site plan review process) and will demonstrate that there is sufficient on and off-site facilities for public safety and streets. The Plan will be conveniently located in relation to schools and to police and fire protection services. The improvement standards applicable to the public facilities that will serve the site shall comply with relevant city standards and regulations.

(f)

Active and passive greenspace space. Whether the plan meets and/or exceeds the active and passive green space standards established in the Land Development Code, Division 1, Article 5, Section 5.17, Provision of green space, regarding required types and minimum area of open space. Residents of the PUD will have sufficient access to usable recreation areas and open space that is convenient and safely accessible. For PUDs of five acres or more, no buyout of active or passive greenspace within a PUD shall be permitted.

(g)

Phasing. Whether the plan includes a phasing plan for the development, if appropriate, with the necessary components to insure protection of natural resources and the health, safety, and welfare of the city, and its residents. If development of the PUD is proposed to occur in phases, then legal assurance shall be provided, in a format suitable to the city attorney, that project improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the city, are constructed with the first phase of the project, or, if this is not technically feasible, then as early in the project phasing as is technically feasible. Further, the director of public works shall determine that the requirements of the Land Development Code, Division 1, Article 3, Section 3-5, Maintenance of improvements, are adhered to for single phase or multiple phase PUD projects.

(h)

Traffic. The visual and functional characteristics of streets are important in the design of the community and shall be guided by the following design principles:

1.

Streets should be designed to create a sense of place, with attention to maintaining the visual integrity of the community;

2.

Streets should be designed to accommodate a mix of travel modes including vehicles, bikes, transit and pedestrians;

3.

Streets should be designed holistically considering the pavement, curbing, bikeways, pedestrian-ways, lighting, signs, front yard setback areas and building facades; and

4.

Neighborhood streets should be designed to address two specific goals-connectivity and protection of the neighborhood. This should be accomplished by providing connections to adjacent activities and neighborhood-serving businesses with streets that do not encourage cut-through traffic.

To provide information on the capacity of streets and other facilities serving a PUD, the applicant shall conduct a traffic impact study or other infrastructure capacity studies on the expected impacts on existing and planned facilities if so required by the city planner.

(i)

Pedestrian networks. PUD development plans will demonstrate adherence to the following standards:

1.

The pedestrian network shall provide direct pedestrian and bicycle pathways within the PUD development plan as well as to the sidewalk and bicycle paths outside the PUD development plan so that non-vehicular connections can be made to neighborhood marketplaces, commercial centers, employment centers, public and private schools, and recreational spaces greater than or equal to five acres in size;

2.

The PUD pedestrian network shall be in a demonstratively connected pattern throughout the developed area.

G)

Design review. PUD architecture should demonstrate the cohesive planning of the development and present a clearly identifiable design feature throughout. It is not intended that buildings be uniform in appearance. Rather, cohesion and identity can be demonstrated in similar building scale or mass; consistent use of facade materials; similar ground-level detailing, color or signage; consistency in functional systems, such as roadway or pedestrian way surfaces, signage, or landscaping; the framing of outdoor open space and linkages, or a clear conveyance in the importance of various buildings and features on the site. Linkages to the architectural appearance of the PUD to surrounding uses shall also be considered and encouraged.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

(a)

Except in instances when a developer or property owner seeks an amendment or revision to an approved PUD development plan per section 1243.11, an approved PUD development plan will have the effect of entitling the owner or developer the right to develop the subject property at the density, size and use approved by city council in the PUD development plan, subject to the application of the development standards of this chapter and any conditions established in the approved PUD development plan.

(b)

The owner or developer of a PUD may not apply for a variance in order to deviate from an approved PUD development plan. See section 1243.11 to make changes to an approved PUD development plan.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

Upon final approval of the PUD development plan and satisfaction of any conditions of approval, the applicant is required to submit an application for site plan review in accordance with section 1243.15, PUD site plan review.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

The following sections provide the framework for revisions or amendments to PUD development plans. Once approved, a revision or amendment that meets any of the items below shall be recorded with the Madison County Recorder's Office.

(a)

Staff review. The items below, in each case, are considered deviations from a PUD development plan of record and may be approved by the city planner. The city planner or his/her designee may at his/her discretion choose to forward any change to the plan commission for review.

1.

There are changes in active or passive greenspace, which do not reduce the amount by up to five percent and do not alter the character of the development.

2.

There are changes in density or intensity that are less than five percent, which do not alter the character of the development.

3.

There are parking changes or minor engineering revisions that do not impact the character of the project.

4.

There are minor changes to the street network, which do not impact the character of the development.

A revision or amendment that meets any of the items above shall require that the developer or land owner submit the revision or amendment to the city planner. Following a period of staff review and agreement to the change, the approved revision or amendment shall be recorded with the Madison County Recorder's Office.

(b)

Plan commission review. The items below, in each case, are considered deviations from a PUD development plan of record and require approval of a revised PUD development plan solely by the plan commission. These items relate to the conceptual layout of a development. An amendment to a PUD development plan shall not be submitted in conjunction with a PUD site plan. These items are:

1.

Any increase in density or intensity of between five percent and ten percent and such revision impacts a particular aspect of the project established by the PUD development plan.

2.

Any changes in landscaping, trees, or buffers that were provided for in the PUD development plan and removal of trees that establish a desired buffer for particular resources, such as historic resources, water bodies or adjacent properties. Removal of trees shall require replacement trees elsewhere on the PUD development plan.

3.

A reduction of between five percent and ten percent in passive or active green space within a section of development that alters the character of the development in that section. For example, a reduction in the overall number of pocket parks in one of the residential sections of a development. For PUDs of five acres or more, active greenspace within a PUD shall not be reduced below the minimum standard established in the Land Development Code Division 1, Article 5, Section 5.17.

4.

Any impact to existing historic structures or sites.

5.

Revisions to drainage, streets, or other engineering design changes that alter items approved in the PUD development plan, including significant changes in traffic circulation.

6.

Any change that, in the opinion of the public works department, could potentially create adverse impacts on stormwater quality or quantity management.

7.

Changes to the internal street network or block layout, such as the elimination of streets or connection points.

8.

Any change of less than 10.0 percent in approved exterior building materials.

(c)

Plan commission and city council review. The items below, in each case, are considered deviations from a PUD development plan of record and require approval of a revised PUD development plan by the plan commission and the city council, according the procedures described in section 1243.07 above. These items relate to the overall entitlements for a development. These items are:

1.

The total gross amount of passive and active greenspace is decreased and/or overall density is increased by more than 10.0 percent. All plans shall provide, at a minimum, the amount of open space required by the Land Development Code, Division 1, Article 5, Section 5-17, Provision of green space. PUD Development plan amendments which result in passive and active greenspace less than the requirements of Division 1, Article 5, Section 5-17, of the Land Development Code will not be considered.

2.

The total amount of overall density is increased by more than ten percent.

3.

The number of external access points, the street network, or streets identified in the Major Thoroughfare Plan in the Comprehensive Plan are changed.

4.

The revised plan must be submitted if there is a change to a city council condition of approval for the development. For example, a change to a specific condition regarding placement/materials of an aspect of the construction. If the condition does not address a construction related condition, for example a condition for monetary set-aside, only the request need be considered.

5.

The number of stories is changed within a particular phase of the development.

6.

A change in allowed uses which deviates from what was identified in the PUD development plan.

7.

Any change of more than 10.0 percent in approved building exterior materials.

(d)

Any revision or amendment that requires the review of the plan commission (1243.11(b)) or plan commission and city council (1242.11 (c)) shall adhere to the following review and approval procedure:

A.

Step 1 — Department of public works review and recommendation on the PUD development plan.

(1)

The applicant shall meet with city staff for a pre-application conference and subsequently submit an application showing proposed changes to the approved PUD development plan.

(2)

The City Planner shall organize and conduct a meeting with the applicant, the plan commission chair, and city staff to review the PUD development plan pursuant to the deadlines described in the Administrative Manual. The city planner shall then make available, in writing via checklist or memo, all comments and recommendations to the applicant.

(3)

From the date of receipt of the comments, the applicant shall have 120 days to address the comments and submit a revised PUD development plan. If the applicant fails to submit a revised PUD development plan within 120 days, the applicant may be required to begin at Step 1 of this section again. Once re-submitted, the revised PUD development plan will be scheduled for the plan commission review per the date established in the Administrative Manual.

(4)

Upon submittal of a revised PUD development plan, the city planner shall prepare a final review of the PUD development plan by the deadline established in the Administrative Manual, and recommend to the plan commission the approval, approval with modifications, or disapproval of the amended PUD development plan application. The city planner's review will include and overview of requested changes and provide information as to how the revised PUD development plan differs from the original PUD development plan. The city planner may also recommend the continuance of the matter to allow for further review.

B.

Step 2 — Plan commission review and decision on the PUD development plan.

(1)

The plan commission shall hold a public meeting by the date established in the Administrative Manual.

(2)

The plan commission shall review, hear, and make the final decision on all applications for a revised PUD development plan application in accordance with this chapter, state law, and the plan commission bylaws. The plan commission will also consider whether the revised PUD development plan is consistent with the original PUD development plan and, if not, what impacts come as a result.

(3)

The plan commission shall make a decision on the PUD development plan in accordance with this chapter and state law.

(4)

Upon approval of the revised PUD development plan by the plan commission, site plan review shall be required, in accordance with section 1243.15, Site plan review.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

PUDs approved prior to the adoption of this chapter shall be amended or revised as follows:

(a)

Minor changes if required by engineering or other circumstances not foreseen at the time the final development plan was approved and said changes are approved as minor by the department of development administration.

(b)

All other changes shall require a public hearing before the plan commission and a resolution by the council.

(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 development plan. A minimum of two copies of each of the approved and recorded PUD development plan change shall be delivered to the Department of Development Administration and the Department of Public Works, City of Edwardsville.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

(a)

Since the approval of a PUD development plan is not intended for speculative development projects, but represents an applicant's firm intention to develop according to the approved PUD development plan, the city planner shall review each PUD development plan within two years of the city council approval date and each subsequent year until the PUD development plan is deemed complete.

During the review of the status of the PUD, the city planner will classify each PUD development plan as either (1) complete, (2) actively under development, or (3) inactive.

For the purposes of this section, "complete" shall mean either the issuance of a building permit for any section of the PUD and vertical construction has commenced or the issuance of a grading permit for any section of the PUD and construction of streets, sewer, water, or other utilities (land preparation such as clearing, grading, and filling shall not be a sufficient level of construction activity to be considered complete).

Actively under development shall mean that either site plans and plats are approved by the city for any section of the PUD or land preparation such as clearing, grading, and filling is underway for any section of the PUD.

Inactive shall mean that none of the items defined as complete or actively under development have occurred on site. The city planner may consider other factors not specifically described above in the review of the status of the PUD.

(b)

If, after review, the project is deemed "actively under development" by the city planner, then the project shall again be reviewed within one year to re-determine its status. If a PUD remains "actively under development" for more than two years, the city planner may determine that the PUD should be referred to the plan commission per section (c) and reviewed as an "inactive" PUD.

(c)

If, after review, the project is deemed "inactive" by the city planner, the following process shall apply to determine the continued appropriateness of the PUD development plan:

1.

The city planner will bring the inactive status of the PUD to the attention of the plan commission. The plan commission will review the status of this PUD and make a recommendation to the city council as to whether the PUD development plan should remain in effect on the property, whether any amendments or revisions to the approved PUD development plan are necessary, or whether the PUD development plan should be revoked. The plan commission may consider the following in the review of the PUD development plan: the Comprehensive Plan, the Zoning Ordinance, the Subdivision Regulations, and/or any other city regulations.

2.

The city council shall consider the plan commission recommendation and then shall either affirm that the PUD Development plan should remain in effect, providing a one-year extension for the plan, or shall act to revoke the PUD development plan according to section 1243(c)3 below.

3.

If the council determines that the PUD or any phase of the PUD not been developed according to the schedule, the council shall instruct the city planner to give notice by certified mail to the owner and applicant who requested the rezoning and shall schedule a public hearing to take any of the following actions:

a)

Administrative action to extend, remove, or determine compliance with the schedule for development;

b)

Legislative action to cause the property to revert to its former zoning classification; or

c)

Legislative action directing the plan commission to amend the final development plan.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

A PUD may only be subdivided or resubdivided after an occupancy permit has been issued for a fully completed building(s) constructed on the subject tract(s), provided that the newly subdivided lot has frontage on a public street. Until that time, the property included in the PUD shall not be subdivided. The provisions and conditions of the PUD development plan shall remain effective for all portions of the property, whether subsequently subdivided after the PUD development plan is approved. The final PUD development plan shall control the development of any part of a PUD that is subdivided, sold, or leased. No development may be undertaken in any part of a PUD that is subdivided, sold, or leased that will violate the final development plan for the entire PUD.

(Ord. No. 5978-5-15, § 3, 5-4-2015)

(a)

Purpose and scope. The purpose of the site plan review procedure is to ensure compliance with the development and design standards of this [chapter] and to encourage quality development reflective of the guiding principles of the Comprehensive Plan. Building permits, grading permits, or access plans for new off-street surface parking areas will not be issued for uses requiring site plan review until the site plan is approved pursuant to this section.

(b)

Applicability.

1.

Site plans are subject to review and approval by the plan commission.

2.

Unless exempted pursuant to section 1243.15(c), Site plan review, is required for all planned unit developments (PUDs) (including additions to existing parking areas) prior to the issuance of a building permit by the department of public works.

3.

Site plans reviews shall serve as the final plat for PUD development plans per the Land Development Code provisions of 3-4A Final Major Plats and adhere to the requirements of Land Development Code, Division 1, Article 5 (Design and Improvement Standards) and Article 6 (Park Improvement Fund), Division 2 (Soil Erosion and Sediment Control) and Division 3 (Stormwater Control) unless otherwise negotiated during the PUD development plan stage.

(c)

Exemptions. The following shall be exempted from site plan review:

1.

Plans for detached residential uses in PUDs;

2.

Plans for nonresidential additions not exceeding ten percent of the square footage of the building, additions to parking lots, additions of formal open spaces, and additions of accessory structures if these additions do not require submittal of a stormwater plan under the Land Development Code;

3.

Internal construction or change in floor area of a development that does not affect the parking requirements; and

4.

Temporary construction trailers.

While exempt from the requirements of the site plan review process, the uses above shall meet the underlying Zoning Ordinance requirements and all other provisions of the City Code prior to issuance of building permits unless specifically stated otherwise in the PUD development plan.

(d)

Initiation. An application for Site Plan Review may be initiated by the property owner or other person with authority to file an application.

(e)

General procedure for site plan review process. The review procedure for a site plan review is as follows:

1.

Step 1 — Improvement plans. Per Division 1, Article 3 of the Land Development Code, Section 3-2, Improvement plans and 3-3, Assurance for completion of required improvements, the applicant shall complete and dedicate all public improvements prior to the issuance of any building permit. If the PUD is to be developed in phases, improvements are only required in that phase or areas requiring improvement installation in order to serve that phase of the PUD development. If the PUD is a phased plan, a performance bond or letter of credit shall be posted with the city in amount acceptable to the public works director for all planned future phases of the PUD. Regardless of the timing of installation, a Maintenance Bond shall be required during the maintenance period for public improvements per Division 1, Article 3, Section 3-5 of the Land Development Code. All landscape improvements shall be included as an improvement under the provisions of the Maintenance Bond posted with the city.

2.

Step 2 — Submittal for site plan review conference. The applicant shall supply preliminary information in a form established within the Administrative Manual. Such information shall be submitted at least 14 business days prior to the site plan review conference. The purpose of the site plan review conference is to review the draft site plan with the department of public works and other departments, as appropriate, and to identify any initial conflicts between the draft site plan, the approved PUD development plan and this chapter.

a.

Site plans will include the required information found in the Division 1, Article 3 of the Land Development Code, Section 3-4A.2 (Final Major Plats — Information Required) and adhere to the requirements of Land Development Code Division 1, Article 5 (Design and Improvement Standards) and Article 6 (Park Improvement Fund), Division 2 (Soil Erosion and Sediment Control) and Division 3 (Stormwater Control) unless otherwise negotiated during the PUD development plan stage. In addition, it will also be verified that the PUD site plan is consistent with the approved PUD development plan. Inconsistencies between the PUD development plan and the PUD site plan shall either be corrected by the applicant or be returned to the PUD development plan process per section 1243.11.

3.

Step 3 — Staff review. Department of public works shall organize and conduct a meeting with the PUD review committee (per section 1243.07(b) and the applicant to review the site plan application pursuant to the standards in this section and the Administrative Manual. If applicable, the historic preservation commission shall act on any certificate of appropriateness prior to Step 4 Plan Commission Review, pursuant to Chapter 54, Historic Preservation, Section 54-5, Certificate of appropriateness. The city planner shall provide the applicant review comments and recommendations. From the date of receipt of these comments, the applicant shall have until the deadline established in the Administrative Manual to address the comments and submit a revised site plan. Upon resubmission, the revisions will be scheduled for the next available meeting per the Administration Manual. The city planner shall prepare a report with rational as to how the site plan relates to the PUD development plan and recommend approval, approval with conditions, or disapproval of the site plan to the plan commission.

4.

Step 4 — Plan commission review. Following review by the plan commission land use committee, the plan commission shall make a decision to approve, approved with conditions, or disapprove the Site Plan application in accordance with this chapter, state law, and the plan commission bylaws.

(f)

Approval criteria. Recommendations and decisions on a site plan shall be based on consideration of the following criteria:

1.

That the proposed development is consistent with all the requirements of the PUD Development Plan, this [chapter], and other related codes and ordinances enforced by the city, including the Land Development Code;

2.

That the proposed development complies with the applicable base district uses and overlay districts; and

3.

That the proposed development meets all the requirements or conditions of the PUD development plan.

(g)

Time limit.

1.

Unless otherwise specified in the PUD site plan approval, an application for a building permit shall be applied for and approved within one year of the date of the PUD site plan approval otherwise the PUD site plan shall become invalid. Permitted time frames do not change with successive owners.

2.

Upon written request, two site plan extensions may be granted. The first PUD site plan extension may be granted by mutual agreement of the city planner and the public works director. A second PUD site plan extension may only be granted by the plan commission, if the applicant can show good cause. Each PUD site plan extension request is for six months. The two requests shall not be submitted or granted simultaneously. A PUD site plan extension shall be requested prior to the original expiration date or the expiration of the first extension. All dates are calculated from the original approval date.

3.

For residential PUD site plans that do not have an approved building permit within one year of the date of the residential site plan approval, a grading and stormwater permit shall be approved and construction of streets, water, sewer, sidewalk, utilities, and/or other infrastructure shall have commenced within one year of the date of the residential site plan approval. Otherwise the approval shall become invalid. Land preparation itself, such as clearing, grading, and filling, is not a sufficient level of construction activity to keep the site plan approval from expiring.

(h)

Amending an approved site plan.

1.

If an applicant desires to amend a site plan after approval by the plan commission, the amendment may be made with the mutual approval of the city planner and the public works director with the exception of those changes stated in paragraph 2 below. However, if a proposed change will, in the mutual opinion of the city planner and the public works director, substantially affect the terms of the original approval or would result in significant adverse impacts on the surrounding properties or the city at-large, then are-submittal to the plan commission shall be required.

2.

A change to an approved PUD site plan shall first require confirmation that such a change adheres to section 1243.11 (Amendments or revisions to an approved PUD development plan). If not, the PUD site plan must first be reviewed and approved by council amended.

Further, if the PUD site plan has undergone two or more amendments and the cumulative effect of these changes results in the provisions of either section 1243.11(b) or (c) being exceeded, the PUD Site Plan must first be reviewed and approved by council. For example, if the density of a PUD site plan amended by staff to allow for a four percent increase and a subsequent PUD site plan density increase of three percent is requested (for a total of seven percent), such a change could not be reviewed by staff under section 1243.08(c). The second PUD site plan amendment could only be reviewed by plan commission. Density increases greater than ten percent could only be reviewed by city council.

If consistent with section 1243.11, a change to an approved PUD site plan will require a re-submittal to the plan commission if any of the following apply:

A.

The density or intensity of the development is to be increased by less than ten percent;

B.

If there is any decrease in required landscaping materials;

C.

If there is any decrease in required active or passive greenspace;

D.

If there are changes in drainage, streets, parking or other engineering design characteristics which will materially alter items approved in the site plan;

E.

Any revisions to drainage, streets, or other engineering design changes that alter items approved in the PUD development plan, including significant changes in traffic circulation; and

F.

There are any major changes that could potentially create an adverse impact on stormwater quality, stormwater quantity management, or other stormwater management ordinance requirements.

A revision or amendment that meets any of the items above shall be submitted to staff and the approval of the revision or amendment shall be approved by the plan commission and be recorded with the Madison County Recorder's Office.

3.

Staff review. The items below, in each case, are considered deviations from a development plan of record and may be approved by the city planner. The city planner or his/her designee may at his/her discretion choose to forward any change to the plan commission for review.

A.

There are changes in active or passive greenspace, which do not alter the character of the development.

B.

There are changes in density or intensity that are less than five percent, which do not alter the character of the development.

C.

There are parking changes or other minor engineering revisions that do not impact the character of the project.

D.

There are minor changes to the street network, which do not impact the character of the development.

A revision or amendment that meets any of the items above shall be submitted to staff and the approval of the revision or amendment shall be recorded with the Madison County Recorder's Office.

(Ord. No. 5978-5-15, § 3, 5-4-2015)