Holly City Zoning Code
PUD-APPLICATION AND
REVIEW PROCEDURE
§ 157.095 GENERALLY.
The application process for a PUD involves:
(A) Request for rezoning to appropriate PUD designation, a conceptual (preliminary) site plan. and an environmental assessment;
(B) A final site plan(s) and environmental impact assessment. The final site plan shall meet the requirements of §§ 157.190 through 157.204, “Site Plan Review and Approval”. For PUD projects over 30 acres, the applicant may choose to submit a schematic site plan, and submit more detailed final site plans for each project phase;
(C) Contractual agreement between the applicant and the village; and/or
(D) A final site plan review for each building or project phase, where appropriate.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.096 REZONING TO A PUD DESIGNATION.
(A) An optional pre-application workshop with the Planning Commission and/or Zoning Commission, as required, may be requested by the applicant to discuss the appropriateness of a PUD concept, solicit feedback, and receive requests for additional materials supporting the proposal. An applicant desiring such a workshop shall request placement on the Planning Commission and/or Zoning Commission, as required, agenda.
(B) The applicant shall prepare and submit to the Administrative Official a request for rezoning to the appropriate PUD designation, including 12 copies of a conceptual PUD site plan meeting the submittal requirements of § 157.097 and 12 copies of an environmental impact assessment meeting the submittal requirements of § 157.048. The conceptual PUD site plan shall illustrate uses within each component, road layout, parking areas, and open space. Materials shall be submitted at least 30 days prior to the meeting at which the Planning Commission and/or Zoning Commission, as required, shall first review the request; 14 days for an applicant who has had a pre-application workshop.
(C) The Planning Commission and/or Zoning Commission, as required, shall review the rezoning request, the conceptual PUD site plan, and the environmental impact assessment, conduct a public hearing, and make a recommendation to the Village Council based on the review standards of § 157.196.
(D) Within 90 days following receipt of a recommendation from the Planning Commission and/or Zoning Commission, as required, the Village Council shall conduct a public hearing on the requested PUD rezoning and the conceptual PUD site plan and either approve, deny, or approve with a list of conditions made part of the approval. The Village Council may require a re-submittal of the conceptual PUD site plan reflecting the conditions for approval by the Administrative Official (prior to submittal of a PUD final site plan).
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.097 CONCEPTUAL SUBMITTAL REQUIREMENTS.
(A) The purpose of the conceptual review is to provide a mechanism whereby the applicant can obtain a substantial review of the proposed project in order to prepare final site engineering and architecture plans, and to execute necessary agreements between the applicant and the village.
(B) Submittal requirements include:
(1) Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement;
(2) A completed application form, supplied by the Administrative Official, and an application fee. A separate escrow deposit may be required for administrative charges to review the PUD submittal;
(3) An environmental impact assessment meeting the requirements of § 157.204;
(4) Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineer’s scale;
(5) Cover sheet providing:
(a) The applicant’s name;
(b) The name of the development;
(c) The preparer’s name and professional seal of architect, engineer, surveyor, or landscape architect indicating license in the state;
(d) Date of preparation and any revisions;
(e) North arrow;
(f) Property lines and dimensions;
(g) Complete and current legal description and size of property in acres;
(h) Small location sketch of the subject site and area within one-half; and scale;
(i) Zoning and current land use of applicants property and all abutting properties and of properties across any public or private street from the PUD site;
(j) Lot lines and all structures on the property and within 100 feet of the PUD property lines; and
(k) Location of any access points on both sides of the street within 100 feet of the PUD site along streets where access to the PUD is proposed.
(6) A plan sheet(s) labeled existing site conditions, including the location of existing buildings and structures, rights-of-way and easements, significant natural and historical features, existing drainage patterns (by arrow), surface water bodies, floodplain areas, wetlands over two acres in size, the limits of major stands of trees and a tree survey indicating the location, species, and caliper of all trees with a caliper over eight inches, measured four feet above grade. This sheet shall also illustrate existing topography of the entire site at two-foot contour intervals and a general description of grades within 100 feet of the site. A reduced copy of this sheet may be included in the environmental assessment.
(7) A conceptual PUD site plan sheet including:
(a) Conceptual layout of proposed land use, acreage allotted to each use, residential density overall, and by underlying zoning district (calculations shall be provided for both overall and useable acreage), building footprints, structures, roadways, parking areas, drives, driveways, pedestrian paths, and identification signs. Note: useable area is total area less public road rights-of-way, year-round surface water bodies, and MDNR regulated wetlands;
(b) Building setbacks and spacing;
(c) General location and type of landscaping proposed (evergreen, deciduous, berm, and the like) noting existing trees over eight inches in caliper to be retained, and any woodlands that will be designated as “areas not to be disturbed in development of the PUD”;
(d) A preliminary layout of contemplated stormwater drainage, detention, or retention pond location, water supply and wastewater disposal systems, any public or private easements and a note of any utility lines to be removed; and
(e) If a multi-phase planned unit development is proposed, identification of the areas included in each phase. For residential uses identify the number, type, and density proposed by phase.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.098 STANDARDS FOR APPROVAL OF CONCEPTUAL PUD SITE PLAN.
(A) Based upon the following standards, the Planning Commission and/or Zoning Commission, as required, may recommend denial, approval, or approval with conditions, and the Village Council may deny, approve, or approve with conditions the proposed planned unit development:
(1) The planned unit development meets the qualification requirements;
(2) The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment. The public benefit shall be one which could not be achieved under the regulations of the underlying district alone, or that of any other zoning district;
(3) Judicious effort has been used to preserve significant natural and historical features, surface, and underground water bodies and the integrity of the land; and
(4) Safe, convenient, uncongested, and well defined vehicular and pedestrian circulation within and to the site is provided. Drives, streets, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.
(B) The village may impose additional reasonable conditions:
(1) To ensure that public services and facilities affected by a planned unit development will be capable of accommodating increased service and facility loads caused by the planned unit development;
(2) To protect the natural environment and conserve natural resources and energy;
(3) To ensure compatibility with adjacent uses of land; and
(4) To promote the use of land in a socially and economically desirable manner.
(C) Upon approval of the conceptual PUD site plan by the Village Council, the property shall be rezoned to an appropriate Planned Unit Development Zoning District, with the underlying zoning district noted on the official zoning map for a residential planned unit development.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.099 EXPIRATION.
Approval of the conceptual PUD site plan by the Village Council shall confer upon the owner the right to proceed through the subsequent planning phase for a period not to exceed two years from date of approval. If application for final PUD site plan approval is not requested within this time period, re-submittal of the application shall be required. The Village Council may extend the period up to an additional two years, if requested in writing by the applicant prior to the expiration date.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.100 PROCESS FOR FINAL SITE PLANS.
A final site plan review and environmental impact statement for each building or project phase for larger scale PUDs, as noted above shall be submitted according to the procedures and standards of this section.
(A) The applicant shall submit 12 copies of an environmental impact assessment and a detailed final site plan for the entire approved conceptual PUD site plan to the Administrative Official at least 30 days prior to the Planning Commission and/or Zoning Commission, as required, meeting at which the Planning Commission and/or Zoning Commission, as required, shall first review the request. For projects over 30 acres, the applicant may submit a schematic site plan illustrating general building footprints, parking lot areas, road alignments, open space, and general landscaping; with more detailed site plans submitted at a later date for each building or project phase in accordance with §§ 157.190 through 157.204, “Site Plan Review and Approval”.
(B) Upon submission of all required materials and fees, the Planning Commission and/or Zoning Commission, as required, shall hold such hearings as may be required by law, and shall approve, deny, or approve with conditions in accordance with the standards and regulations of §§ 157.190 through 157.204, “Site Plan Review and Approval”.
(C) If the final PUD site plan was approved with conditions, the applicant shall submit a revised site plan to the Administrative Official for approval prior to the issuance of any building permits.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.101 FINAL PUD SITE PLAN SUBMITTAL PROCEDURES AND APPROVAL.
The purpose of the PUD final review is to consider the final site plan and environmental impact assessment for the entire PUD which is consistent with the approved conceptual PUD site plan. Receipt of a building permit shall require final approval by the Planning Commission and/or Zoning Commission, as required.
(B) The final site plan and impact assessment shall be reviewed by the Planning Commission and/or Zoning Commission, as required, according to the procedures outlined in §§ 157.190 through 157.204, “Site Plan Review and Approval”. The impact assessment for an individual phase or site may consist of minor modifications to the material submitted for the overall PUD if the proposed uses are consistent with the approved PUD Plan.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.102 FINAL PUD AGREEMENT.
(A) (1) Upon approval of the final PUD site plan, the applicant shall submit a written agreement setting forth the conditions upon which the PUD approval was based, as specified in § 157.198.
(2) The Planning Commission and/or Zoning Commission, as required, shall review the agreement, with assistance from the Village Attorney and Village Planner.
(3) The agreement shall be recorded in the Office of the County Register of Deeds at the expense of the applicant.
(B) The agreement shall:
(1) Set forth the conditions upon which the approval is based, with reference to the approved final PUD site plan, and environmental impact assessment;
(2) When open space or common areas are indicated in the PUD plan for use by the residents, the open space or common areas shall be conveyed in fee or otherwise committed by dedication to an association of the residents, and the use shall be irrevocably dedicated for the useful life of the residences, and retained as open space for park, recreation, or other common uses;
(3) Set forth a program and financing for maintaining common areas and features, such as walkways, signs, lighting, and landscaping;
(4) Assure that trees and woodlands will be preserved as shown on the site plan, or replaced on a caliper for caliper basis;
(5) Assure the construction and maintenance of all streets and necessary utilities (including public water, wastewater collection, and treatment) through bonds or other satisfactory means, for any and all phases of the PUD. In the case of phased PUD, this requirement shall be reviewed at the time of any final site plan approval; and
(6) Address any other concerns of the village regarding construction and maintenance.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.103 SCHEDULE OF CONSTRUCTION.
Final site plan approval of a PUD, PUD phase, or a building within a PUD shall be effective for a period of three years. Further submittals under the PUD procedures shall be accepted for review upon a showing of substantial progress in development of previously approved phases, or upon a showing of good cause for not having made such progress.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.104 DEVELOPMENT OF THE PUD; PROPORTIONAL STANDARD.
In the development of a PUD, the percentage of one-family dwelling units under construction or lots sold, shall be at least in the same proportion to the percentage of multiple-family dwelling units under construction at any one time; provided, that this section shall be applied only if one-family dwelling units comprise 25% or more of the total housing stock proposed for the PUD. Nonresidential structures designed to serve the PUD residents shall not be built until the PUD has enough dwelling units built to support such nonresidential use. The Planning Commission and/or Zoning Commission, as required, may modify this requirement in its conceptual or final submittal review process.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.105 APPEALS AND VIOLATIONS.
The Board of Zoning Appeals shall have the authority to hear and decide appeal requests by property owners for variances from this chapter, however, the Board of Zoning Appeals shall not have the authority to change conditions or make interpretations to the PUD site plan or written agreement. A violation of the PUD plan or agreement shall be considered a violation of this chapter.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.106 CHANGES AND AMENDMENT TO THE PUD.
(A) Minor modifications to the PUD site plan may be handled in the same manor as provided for in §§ 157.190 through 157.204. When the Administrative Official determines that the requested amendment to the approved final PUD site plan is major, re-submittal to the Planning Commission and/or Zoning Commission, as required, shall be required.
(B) Should the Planning Commission and/or Zoning Commission, as required, determine that the modifications to the final PUD site plan significantly alter the intent of the conceptual PUD site plan, a revised conceptual PUD site plan shall be submitted according to the procedures outlined in § 157.244 illustrating the modification shall be required.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.107 PHASED PROJECTS.
(A) For projects over 30 acres, the applicant may submit a schematic site plan illustrating general building footprints, parking lot areas, road alignments, open space, and general landscaping; with more detailed site plans submitted for the first building or project phase.
(C) The Planning Commission and/or Zoning Commission, as required, may waive the required impact assessment for subsequent buildings or phases where the earlier submittal is determined to be acceptable.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.108 CONDOMINIUM PROJECTS.
(A) For any condominium section of a PUD, the applicant shall provide a copy of the master deed and condominium association by-laws for approval by the Planning Commission and/or Zoning Commission, as required.
(B) The condominium documents shall provide limits on use of common areas or open space for accessory structures such as swimming pools, decks, playground equipment, and buildings.
(C) A plan shall be provided indicating the limits of such accessory structures within a defined envelope.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)