Normandy City Zoning Code
ARTICLE X
Community Unit Plan
Section 405.650 Procedure for Establishment - Conditions to Be Met.
[R.O. 2012 §405.650; CC 1975 §31-71; Ord. No. 346 Art. 12, §1, 2-10-1969]
A.
The owner of any tract of land comprising an area of not less than five (5) acres may submit to the City Council a plan for the use and development of all of the tract of land for residential purposes. The development plan shall be referred to the Zoning and Planning Commission for study and report and for public hearing. If the Commission approves the development plan, the plan, together with the recommendation of the Commission, shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts shown that the proposed community unit plan meets the following conditions:
1.
Property adjacent to the area included in the plan will not be adversely affected.
2.
The plan is consistent with the intent and purpose of this Chapter to promote public health, safety, morals and general welfare.
3.
The buildings and land shall be used only for single-family dwellings, two-family dwellings or multiple-dwellings, and the usual accessory uses such as garages, storage space and community activities, including churches; provided, that commercial areas may be provided only as authorized by Section 410.120.
4.
The average lot per family contained in the site, exclusive of the area occupied by streets, will be not less than the lot area per family required in the District in which the development is located.
Section 405.655 Planned Unit Developments (PUDs).
[R.O. 2012 §405.655]
A.
This Section sets out the required review and approval procedures for Planned Unit Developments.
1.
Overview of process. The PUD review process involves at least two steps: PUD Concept Plan review and PUD Final Plan review. In many cases, land will need to be subdivided in order to carry out a PUD plan. The subdivision process is, however, a separate process, although it can run concurrently with (or following the conclusion of) the PUD review process of this Section.
a.
PUD concept plan review. During PUD Concept Plan review, the PUD Concept Plan application is reviewed with respect to such issues as density, including the number, type, and location of dwelling units and other uses; impacts on surrounding areas; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for development of the PUD project. PUD Concept Plan approval establishes the maximum development "envelope" for the project, with regard to density, lot sizes, overall scale, open space, environmental protection, and other land development and service provision issues.
b.
PUD final plan review. The PUD Final Plan review stage is the point at which developers bring forward detailed plans for carrying out the type of project approved conceptually during PUD Concept Plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements, and conditions have been met. Approval will only be granted if the PUD Final Plan is in substantial conformance with the approved PUD Concept Plan.
2.
PUD concept plan.
a.
Preapplication conference. Before submitting a PUD Concept Plan, the applicant shall confer with the Director of Community Development and other City Officials designated by the Director of Community Development. The purpose of this preapplication conference is to discuss the proposal and the applicable development review and approval procedures.
b.
Purpose of PUD concept plan. A PUD Concept Plan is a generalized land use plan for the entire area proposed to be included within a PUD. The purpose of a PUD Concept Plan is to allow very early review of a proposed PUD before substantial technical planning work has been undertaken.
c.
Application. A complete application for PUD Concept Plan approval shall be submitted to the Director of Community Development in a form established by the City (See Procedures Manual, "Appendix A" of this Development Code), along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.
d.
Review and report — Director of Community Development. The Director of Community Development shall prepare a staff report that reviews the PUD Concept Plan application in light of the PUD zoning standards and all other applicable development standards and planning policies. The Director of Community Development shall provide a copy of the report to the Planning Commission and the applicant.
e.
Review and action — Planning Commission. The Planning Commission shall hold a public hearing on the PUD Concept Plan application within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. At the close of the public hearing, the Planning Commission shall recommend approval, modified approval, or denial of the PUD Concept Plan application and transmit a written summary of its action and proceedings to the City Council.
f.
Review and action — City Council. Within the thirty (30) days of the close of the Planning Commission public hearing, the City Council shall hold a public hearing on the PUD Concept Plan application. The City Council shall act to approve, approve with modifications, or deny the proposed amendment within sixty (60) days of the date of the close of the City Council public hearing on the amendment. If the City Council acts to approve the PUD Concept Plan, it shall establish a required time-frame for development of the entire PUD.
g.
Notice of public hearings.
(1)
Newspaper notice. At least fifteen (15) days' notice of the time and place of scheduled public hearings before the Planning Commission and City Council shall be published in a newspaper of general circulation within the City. Separate notices of each public hearing may be provided or notice of the time and place of both public hearings may be provided in one (1) consolidated notice.
(2)
Written notice. The City will attempt to notify, by mail, all property owners whose property limits are within one hundred eighty-five (185) feet of the boundaries of the proposed PUD.
(3)
Posted notice. The City will attempt to post notice on property that is the subject of the PUD application at least fifteen (15) days before the scheduled public hearing. Failure by the City to post such notice shall not invalidate any action taken.
h.
PUD concept plan review criteria. Applications for PUD Concept Plan approval shall be approved if the following criteria are met:
(1)
The plan represents an improvement over what could have been accomplished through strict application of otherwise applicable base zoning district standards, based on the purpose and intent of this Development Code;
(2)
The PUD Concept Plan is in conformance with the PUD standards and any standards required as a result of an overlay district;
(3)
The existing or proposed utility services are adequate for the proposed development;
(4)
The development is consistent with and implements the planning goals and objectives of the City, as contained in the Comprehensive Plan and other adopted policy resolutions; and
(5)
The PUD Concept Plan is consistent with good general planning practice and the development will promote the general welfare of the City.
i.
Effect of PUD concept plan approval. Approval of a PUD Concept Plan shall constitute acceptance of the overall general planning concepts for the proposed PUD development and is a prerequisite for the filing of a PUD Final Plan.
j.
Lapse of PUD concept plan approval. An approved PUD Concept Plan shall lapse and be of no further force and effect if a PUD Final Plan for the PUD (or a phase of the PUD) has not been approved within two (2) years of the date of approval of the PUD Concept Plan.
3.
PUD final plan.
a.
Application. A complete application for PUD Final Plan approval shall be submitted to the Director of Community Development in a form established by the City (See Procedures Manual, "Appendix A" of this Development Code), along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. A PUD Final Plan application may include the entire area covered in the PUD Concept Plan or it may include one (1) or more phases of the approved PUD Concept Plan.
b.
Review and report — Director of Community Development. The Director of Community Development shall prepare a staff report that reviews the PUD Final Plan application in light of the approved PUD Concept Plan and all other applicable development standards and planning policies. The Director of Community Development shall provide a copy of the report to the Planning Commission and the applicant.
c.
Review and action — Planning Commission. The Planning Commission shall consider the PUD Final Plan application, and within thirty (30) days of its consideration, the Planning Commission shall act to approve, approve with modifications, or deny the PUD Final Plan application.
d.
PUD final plan review criteria. A PUD Final Plan shall be approved by the Planning Commission if it is determined by the Planning Commission to be in substantial compliance with the approved PUD Concept Plan. The PUD Final Plan shall be deemed to be in substantial compliance with the PUD Concept Plan so long as, when compared with the PUD Concept Plan, it does not result in:
(1)
An increase in project density or intensity, including the number of housing units per acre or the amount of non-residential floor area per acre;
(2)
A change in the mix of housing types or the amount of land area devoted to non-residential uses;
(3)
A reduction in the amount of open space;
(4)
Any change to the vehicular system which result in a significant change in the amount or location of streets, common parking areas, and access to the PUD;
(5)
Any change within fifty (50) feet of a TF or less intensive zoning district;
(6)
Any change determined by the Planning Commission to represent an increase in development intensity;
(7)
A change in use categories; or
(8)
A substantial change in the layout of buildings.
e.
Effect of approval — lapse of approval. Approval of a PUD Final Plan shall confer upon the applicant the right to develop the subject property in accordance with the approved PUD Final Plan. The right to develop in accordance with an approved PUD Final Plan shall lapse and be of no further effect if all development shown on the PUD Final Plan is not complete within the time-frame established by the City Council pursuant to Subsection (2)(f) of this Section. Once approval lapses, the regulations of the base zoning district shall control.
f.
Designation on Official Zoning Map. Sites governed by an approved PUD Final Plan shall be designated on the Official Zoning Map with the letters "PUD" and a case file locator number for the approved PUD Final Plan.
Section 405.660 Effect of Plan Approved by City Council.
[R.O. 2012 §405.660; CC 1975 §31-72; Ord. No. 346 Art. 12, §2, 2-10-1969]
If the City Council approves the plan, building permits and certificates of occupancy may be issued, even though the use of the land, the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the District regulations of the District in which it is located.