(1)

INTENT. The PUD provisions of the Kiel Municipal Code are intended to promote creativity and flexibility in site plan design, while at the same time preserving the health, safety, order, and general welfare of the City. PUD's may contain one use or any combination of residential, commercial, or agricultural uses, so long as they are planned and developed in an orderly and compatible way. Mixed uses may occur among or within buildings as long as the uses are compatible with each other and with the planned and existing uses of areas adjacent to the PUD. Any use of land not clearly designated by type on the approved final development plan shall be permitted in a PUD only upon issuance of a Special Use Permit.

(2)

PUD STANDARDS. The PUD standards shall be as follows:

(a)

ACCESS. All land uses shall abut on a public street or have adequate access to a public street by means of a private drive. All streets and drives must tie in effectively with the City's existing street system and with those arterial and collector streets proposed in the City's future land use plan.

(b)

ARCHITECTURAL STYLE. The architectural style of the individual structures within the PUD shall be compatible with other structures in the PUD, as well as with the overall site design and with land uses of abutting lands.

(c)

COMMON OPEN SPACE. As far as possible, common open space shall be linked to the open space areas of surrounding developments. A common open space in a PUD shall be of an adequate size, and appropriate shape, location, and usability, to suit its proposed purpose.

(d)

DENSITY. A residential PUD may provide up to a 25% increase in the number of units per acre over other residential zoning districts if the PUD provides substantially more site amenities than are found in a conventional residential development. Approval of any increase in density in a residential PUD shall be at the discretion of the City Council, which shall in considering whether the proposed density is to be permitted in the particular PUD take into account the character, use of existing landscape, design variation and environmental concerns of the PUD. Where the land proposed for a PUD lies in an area which has already been included in a zoning district by the City, density shall be computed based on the established standards for density in such zone. Where no zone exists or where changes in zoning are proposed, the developer who proposes to develop a PUD in the particular zone shall prepare and present to the City Plan Commission and the City Council a preliminary zoning request and sketch plan.

(e)

DETERMINING STANDARDS. Standards for lot area, coverage, setbacks, parking, screening and density shall be governed by the standards of the zoning district most similar in function to the proposed PUD use, as determined by the Plan Commission. Deviation from those standards may be permitted by the Plan Commission or the City Council only if such deviation is consistent with the total design of the proposed development, encourages a desirable living environment, and is not likely to be detrimental to the welfare of the City.

(f)

EXTERIOR BOUNDARY SETBACK. No principal building shall be set back less than 25 feet or the height of the building, whichever is greater, from the exterior of a PUD or a public street right-of-way. No commercial or industrial structure shall be nearer than 100 feet to its side or rear property lines where such side or rear property lines abut a single-family use.

(g)

PROPERTY OWNERS ASSOCIATION. All owners of property within the PUD shall be required to be members of a property owners association consisting of the owners of all properties in the PUD. The property owners' association shall own and maintain all common open space and private interior drives.

(h)

DESIGNATION OF RECREATIONAL TRAILS. When possible, trails should be integrated into the PUD. Trails within a PUD will be encouraged to connect to existing or future exterior trail systems. A PUD not conventionally platted must include at least 10% common open space.

(i)

MINIMUM PUD DEVELOPMENT AREA. A minimum PUD development area shall be at least two acres of land in single ownership or control. A land use of less than two acres may qualify if one or more of the following conditions exist:

1.

Natural features of land are such that development under standard zoning regulations would not adequately conserve such features;

2.

The land is adjacent to or across the street from property which has been developed as a PUD and is to be developed in relationship to such prior development;

3.

Flexible design is needed to address detrimental site features affecting the development potential of a site, such as heavily used highways, railroad tracks traversing a property, rock outcroppings, adjacent incompatible land uses, or similar site constraints; or

4.

The site is surrounded by existing development or environmental features that prevent full public access.

(3)

PRELIMINARY DEVELOPMENT PLAN APPLICATION. The Preliminary Plan shall include the following:

(a)

Existing wooded areas, streams, marshes and other predominant natural features;

(b)

Phasing schedule stating the geographical phasing and approximate construction timing of the PUD or portions thereof:

(c)

Preliminary drainage plan;

(d)

Preliminary utility plan for all public utilities;

(e)

Site plan showing the lot lines, building locations, public or private street system, parking spaces, drives, common open space areas, trails, recreational improvements and structures;

(f)

Summary sheet indicating the area of land in each land use, number of units proposed, density of development, percentage of land in usable open space, number of acres of common recreational open space and number of parking spaces provided; and

(g)

A vicinity map showing a sufficient amount of the area surrounding the proposed PUD to demonstrate the relationship of the proposed PUD development to the adjacent land uses and street system.

(4)

PROCEDURE FOR REVIEW OF A PRELIMINARY PLANNED UNIT DEVELOPMENT.

(a)

The proposed PUD developer shall submit six copies of an application with development plan along with the items listed below to the City Administrator, who shall transmit copies to the Plan Commission, the Building Inspector, the Public Works Director, the Park Board, and any other agencies which he may feel would appropriately have a copy of the application with development plan. The application shall include a written explanation of the character and purpose of the proposed planned development, including the type and density of any housing proposed, the nature and purpose of any non-residential development; the proposed method for preserving and maintaining open space, streets and parking areas; and a general statement of proposed financing for the project. Each proposal for a PUD shall be accompanied by a schedule showing the times within which each phase or segment of the PUD will be completed. The City Council shall review the proposed time schedule for completion of each phase or segment of the proposed PUD and may suggest changes in the said time schedule. After a specific time schedule has been approved by the City Council, in the event that any portion of such time schedule is not met, the City Council may, upon written request of the PUD developer for an extension of time, delivered to the City Administrator at least 20 days prior to the expiration of the completion date for which such extension is requested, for good cause, extend the said completion date. If the PUD developer fails to meet satisfactorily any phase or segment of the completion schedule within 20 days of the expiration date thereof, or within 30 days of any denial by the City Council for an extension thereof, the City Council may in its discretion declare the Special Use Permit for all of the tract of land subject to the PUD or any portion thereof to be null and void. The City in its discretion may also require the PUD developer to post a performance bond in an amount to be determined by the City. If the City Council approves a final development plan and the PUD developer thereafter wishes to abandon the plan, the developer shall so notify the City in writing. The City may then, in its discretion, retain a portion of the required security posted by the developer to complete improvements to terminate the development or the phase of the development in an orderly manner.

(b)

Within 45 days from receipt of the proposed PUD plan, the Plan Commission shall make a recommendation to the City Council to approve, approve with modifications, or disapprove the proposal.

(c)

After receipt from the Plan Commission of its report on the proposed PUD development, the City Council shall hold a public hearing on the proposed development. Within ten days after such public hearing, the City Council shall either approve, approve conditionally, or disapprove the proposed PUD. Conditional approval shall be valid for one year and shall be subject to acceptance by the City Council of a final plan for all or for a portion of the PUD. The final plan shall incorporate all conditions and modifications imposed by the City Council.

(d)

Upon approval of the final plans by the City Council, the Building Inspector shall issue a Special Use Permit. When construction is completed according to the final plans as approved by the City Council, and so certified in writing by the Building Inspector, a Certificate of Occupancy for such completed portion shall be issued by the Building Inspector.

(e)

After a Certificate of Occupancy has been issued by the Building Inspector, no changes may be made in any part of the completed development except pursuant to a public hearing before the Plan Commission and approval by the City Council as set forth in Section 17.30(8).

(f)

If part of the PUD involves the subdivision of land into parcels for sale to individual owners, the site plan review required pursuant to this chapter shall suffice for Plan Commission review in accordance with City subdivision regulations and the public hearing held by the City Council shall suffice for a public hearing on the subdivision.

(5)

ENVIRONMENTAL REVIEW STANDARDS AND DESIGN STANDARDS. In reviewing a proposed planned development, the Plan Commission shall apply the following standards and it shall recommend approval of the PUD only when it determines that the standards have been reasonably satisfied:

(a)

The proposal shall demonstrate an effective and unified treatment of the development possibilities of the project site, making appropriate provision for the preservation of scenic features and physical amenities of the site and of the surrounding areas.

(b)

The project shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.

(c)

The individual buildings in the proposed PUD shall be related to each other in design, mass, placement and connection to provide a visually and physically integrated development.

(d)

Treatment of the sides and rear of all buildings within the project shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.

(e)

All buildings shall be so arranged as to be accessible to service and emergency vehicles.

(f)

Landscape treatment for open spaces, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area, except lands donated to the City for park or trail development.

(g)

The primary landscape treatment shall consist of shrubs, ground cover and street trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.

(h)

All streets bordering the project area shall be planted at regular intervals with street trees.

(i)

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, trash removal facilities and outdoor storage areas. All such facilities shall be designed to City specifications.

(j)

The design and the materials of construction of paving, lighting fixtures, retaining walls, fences, curbs, and benches and other associated apparatus and equipment, shall be of good appearance, easily maintained, and indicative of their function.

(k)

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, and ease of access, and shall be developed as an integral part of the overall site design. To reduce unsightliness and the visual monotony of parked cars such facilities shall be screened from public view.

(l)

Any above-grade loading facility shall be screened from public view to the extent necessary to reduce unsightliness.

(m)

Any waterfront improvements, including bulkheads, or access to docks or floating platforms shall be subject to DNR regulations.

(6)

ACTION BY THE CITY COUNCIL. The City Council shall review the decision of the Plan Commission at its first regularly scheduled meeting subsequent to receipt of the report of the Plan Commission on the proposed PUD. The review of the proposed PUD by the City Council shall be made at a public hearing held during the said City Council meeting pursuant to public notice in the form normally provided by the City Council for matters to be reviewed at its regular Council meeting.

(7)

APPLICATION FOR FINAL DEVELOPMENT PLAN APPROVAL — APPLICATION CONTENT. The application for final development plan approval for a PUD shall include the following items:

(a)

A definite timetable for the start of construction and the approximate amount of time to complete building of the project;

(b)

A final site plan, with all pertinent dimensions shown to the nearest foot;

(c)

Final grading, drainage, utility, lighting and landscape plans;

(d)

A sign plan specifying the design, height, location, size and illumination in the proposed PUD;

(e)

Deed restrictions and instruments dedicating all rights-of-way, easements, and public lands drafted to the satisfaction of the City Attorney, and insuring the preservation and maintenance of the common open space areas;

(f)

By-laws of the proposed property owners' association for the PUD;

(g)

Building elevation drawings, including specifications, except for detached single-family dwellings meeting required standards for R-1or R-2 districts. This requirement may be waived by the City Council upon recommendation of the Plan Commission.

(h)

A performance bond from the developer acceptable to the City, in an amount equal to 150% of the estimated cost of public utilities and infrastructure in accordance with the City Ordinances regulating subdivisions, paved parking, landscaping, walkways, recreational equipment and lighting in accordance with final development plans. The said bond shall be posted for each phase as it is proposed for development. The estimated cost for termination of each phase shall be retained by the City until subsequent phases are under construction.

(i)

Such other information as may be requested by the Plan Commission or the City Council to represent fully the intent of the development plan or to determine if the plan meets the conditions for approval set forth above.

(8)

FINAL DEVELOPMENT PLAN APPROVAL. Within 60 days after the final development plan is submitted by the developer to the Plan Commission, the Plan Commission shall make a recommendation to the City Council on the said plan, indicating its conformity or lack of conformity with the preliminary development plan, the plan's fulfillment of all required items and continued compliance with findings required for preliminary development plan approval. Upon receiving the Plan Commission's recommendation, the City Council shall set for public hearing at the next regularly scheduled City Council meeting the proposed final development plan approval. After the said public hearing has been held, the City Council shall either grant, grant subject to conditions, or deny the final development plan. If the City Council grants approval of the plan, the Building Inspector shall issue a Planned Unit Development permit to the developer, which said permit shall contain any conditions attached by the City Council to its approval of the proposed PUD.

(9)

FILING OF FINAL DEVELOPMENT PLAN. Upon approval of the final development plan by the City Council, the City Administrator shall certify two copies of such plan and file them. Such plan shall be drawn to a scale of 40 feet to one inch or larger. The dimensions of such plan shall not exceed three feet by six feet. In case of a large plan, two or more sheets may be required. The City Administrator shall see that, after approval, the PUD is designated on the City's Official Zoning Map.

(10)

FINAL DEVELOPMENT PLAN CHANGES. Any significant changes in the approved final development plan may be made only after consideration by the Plan Commission, and a public hearing and subsequent approval by the City Council. No changes in the final development plan may be made unless they are shown by the developer to be required by changes in conditions or circumstances not foreseen at the time of the approval of the final development plan by the City Council. Any changes must first be reviewed by the Plan Commission and thereafter approved by the City Council. In the event that any portion of such time schedule in the approved final development plan is not met, the developer may submit a written request for an extension of time, delivered to the City Administrator, at least 20 days prior to the expiration of the building completion date. The City Council may, for good cause, extend the previously agreed completion date for up to, but not to exceed, one year of additional time. If the developer fails to satisfy any phase or segment of the completion schedule within 20 days of the expiration date, or within 30 days of an extension denial by the City Council, said phase or portion of a previously approved site plan associated with the Planned Unit Development shall become null and void.

(11)

TERMINATION OF FINAL DEVELOPMENT PLAN APPROVAL. If final development plan approval is given by the City Council to a developer and the developer thereafter wishes to abandon the plan, he shall so notify the City in writing. If the developer fails to commence the development within 18 months of the approval of the final development plan, or upon a finding by the Plan Commission that there has not been substantial development (as indicated by installation of utilities or completion of 5% of the proposed floor area) within the site area within 24 months after final development plan approval has been granted by the City Council, such final development plan approval shall be terminated after a public hearing by the Plan Commission and approval by the City Council upon public hearing before the City Council.

(12)

EXTENDED STAGE PUD. The City recognizes that certain PUD's may involve construction over an extended period of time. If a developer proposes to develop a PUD project during a period exceeding two years, he may request concept approval from the Plan Commission and the City Council for the entire project and for permission to submit application for preliminary development plan approval on the first stage of the project. A public hearing shall be required by the Plan Commission for consideration of concept approval as well as for each stage of development in the extended-stage PUD. Each stage of the PUD shall require both preliminary and final development plan approval.

(13)

BUILDING PERMIT APPROVAL. No building permit shall be issued by the Building Inspector for a building in a PUD until the plans for said building have been reviewed and approved by the Building Inspector and found by him to be consistent with the plans for the PUD presented by the developer to the Plan Commission and the City Council and approved by the City Council.