Saugatuck City Zoning Code
PLANNED UNIT
DEVELOPMENT
§ 154.110 INTENT AND PURPOSE.
(A) The provisions of this subchapter provide requirements and standards for the submission, review and approval of applications for planned unit developments (PUD).
(B) The PUD regulations are designed to accomplish the objectives of this chapter through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area.
(C)
The permanent preservation of open space, waterfront areas, natural areas, and the existing small-town rural character of Saugatuck are major objectives of these PUD regulations.
(D) To those ends, these PUD regulations are intended to permit flexibility in the regulation of land development, encourage innovation in land use and variety in design, layout, and type of structures constructed; achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities; encourage provision of useful open space; provide adequate housing, employment, and shopping opportunities particularly suited to the needs of the residents of the city; to preserve views of the Kalamazoo River, and to incentivize the provision of public waterfront access and pedestrian facilities. Further, it is the purpose of the planned unit development regulations to promote the intent and purpose of this chapter and to ensure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use.
(E) The provisions of this subchapter are not intended as a device for ignoring or circumventing this chapter or the planning upon which it has been based.
(Ord. 02-02, passed 2-11-2002; Am. Ord. 240122-B, passed 1-22-2024)
§ 154.111 PUD IS AN OVERLAY ZONE.
The purposes, procedures and standards of this subchapter are intended to guide the applicant in the preparation of preliminary and final site plans for a PUD, consistent with the purposes stated in § 154.110. These standards shall be used as the basis for the evaluation of the site plans by the Planning Commission and City Council and shall be considered in reviewing any application for a PUD. Approval of a PUD may proceed only when an application and site plan therefore are determined to be in compliance with the regulations of this subchapter and those of §§ 154.060 through 154.068. A district zoned PUD is an overlay zone. The underlying zone shall establish permitted uses, density and the minimum lot size for consideration as a PUD. All condominium projects and condominium subdivisions shall be permitted only if the PUD requirements of this subchapter are met.
(Ord. 02-02, passed 2-11-2002)
§ 154.112 ELIGIBILITY CRITERIA.
To be eligible for planned unit development approval, the applicant must demonstrate that the following criteria will be met.
(A) Recognizable and substantial benefit. The planned unit development shall result in a recognizable and substantial benefit to the ultimate users of the project and to the community. This benefit must otherwise be unfeasible or unlikely to be achieved taking into consideration the reasonable foreseeable detriments of the proposed development and uses(s); including, without limitation:
(1) The long-term protection and/or preservation of natural resources and natural features and/or historical and/or architectural features of a significant quantity and/or quality in need of protection or preservation on a local, state and/or national basis; and
(2)
Reducing to a significant extent the non-conformity of a non-conforming use or structure, i.e., modification of a non-conforming use or structure so that, to a significant extent, it is rendered more conforming, or less offensive, to the zoning district in which it is situated; and
(3) For areas zoned C-2 Downtown Waterfront Preservation District, the preservation of public access to waterfront yard locations or accessible waterfront pathways or boardwalks.
(B) Minimum area and density. The minimum land area necessary to be considered for a PUD shall not be less than the land areas as specified for a lot in the underlying zoning district in which the lot is presently located. The density of dwelling units shall not exceed that permitted within the underlying district. Density may be shifted throughout the site and dwellings may be clustered on lots smaller than those permitted in the underlying zone if doing so better achieves the open space preservation objectives of this subchapter.
(C) Availability and capacity of public services. The proposed planned unit development shall not exceed the capacity of existing and available public services, including but not necessarily limited to, police and fire protection services, and educational services, unless the project proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the planned unit development is completed.
(D) Compatibility with the land use plan. The proposed development shall not have an adverse impact on the Comprehensive Plan of the city.
(E) Compatibility with the planned unit development intent. The proposed developments shall be consistent with the intent and intent of these regulations, as stated in § 154.110.
(F) Economic impact. The proposed developments shall not impede the continued use or development of surrounding properties for uses that are permitted in the district in which they are located.
(G) Unified control of property. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with the planned unit development regulations. This provision shall not prohibit a transfer of ownership or control, provided that notice of the transfer is given immediately to the Zoning Administrator.
(H) Dedication of utilities and roads. Roads within the PUD development not associated with access to individual commercial or residential units shall be dedicated to the city. Likewise, utility easements shall be conveyed to the city. Utility easements and roads in PUD developments approved prior to the enactment of this chapter may remain in private ownership.
(Ord. 02-02, passed 2-11-2002; Am. Ord. 240122-B, passed 1-22-2024)
§ 154.113 PROJECT DESIGN STANDARDS.
In considering any application for approval of a planned unit development proposal filed according to the procedures of § 154.115 and application and data requirements of § 154.114, the Planning Commission and City Council shall make their determinations on the basis of standards set forth for site plan review, the eligibility criteria of § 154.112, as well as the following standards and requirements.
(A) Minimum lot area. Planned unit developments may be approved only on contiguous properties containing a minimum of three acres under single ownership. Projects with an underlying zoning designation of C-2 Downtown Waterfront Preservation District have no minimum acreage to qualify for planned unit development review.
(B) Compatibility with adjacent uses. The proposed planned unit development shall set forth specifications with respect to height, setbacks, density, parking, circulation, landscaping, views and other design and layout features which exhibit due regard for the relationship of the development to surrounding properties and the uses thereon. In determining whether this requirement has been met, consideration shall be given to the following:
(1) The bulk, placement and materials of construction of proposed structures;
(2) The location and screening of vehicular circulation and parking areas in relation to surrounding development;
(3) The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development;
(4) The hours of operation of the proposed uses; and
(5) The provision of landscaping and other site amenities.
(C) Permitted uses. Any land use authorized in the underlying district may be included in a planned unit development as a principal or accessory use, provided that public health, safety and welfare are not impaired.
(D) Application base regulations. Unless waived or modified in accordance with division (E) below, the yard and lot coverage, parking, loading, landscaping, lighting and other standards for the underlying district(s) shall be applicable for uses proposed as a part of a planned unit development. Mixed uses shall comply with the regulations applicable for each individual use, as outlined above, except that if regulations are inconsistent with each other, the regulations applicable to the most restrictive use shall apply. However, a special use that is part of a PUD shall not be separately processed as a special use, instead, it shall be processed as part of the PUD application.
(E) Regulatory flexibility.
(1) General departures. To encourage flexibility and creativity consistent with the planned unit development concept, departures from the regulations in division (D), above, may be permitted, subject to review and approval by the Planning Commission and City Council. For example, such departures may include but are not limited to modifications to: lot dimensional standards; floor area standards; setback requirements; parking, loading and landscaping requirements; and similar requirements. These modifications may be permitted only if they will result in a higher quality of development or a better design or layout than would be possible without the modifications. In no case shall departures from the maximum building height requirement and maximum number of stories requirement in § 154.038(D) and (E) be authorized, nor shall any departures that would allow first-floor dwelling units be authorized, in the Downtown Waterfront Preservation District.
(2) Authorized Downtown Waterfront Preservation District departures.
(a) Although other departures may be approved for Downtown Waterfront Preservation District zoned lots in accordance with division (E)(1), the following departures from the Zoning Ordinance shall only be considered by the Planning Commission and City Council when qualifying public waterfront access is provided:
1. Reduction or elimination of one or more minimum side setback requirements;
2. Reduction of the minimum waterfront setback down to 15 feet; and
3. Reduction or elimination of the lot coverage requirement, if applicable.
(b) For the purpose of this section, qualifying public access means:
1. At least 33% of the waterfront yard is available for public access; or
2. A waterfront walkway or boardwalk, at least five feet wide and available for public access, traverses the entire waterfront yard from one side to another.
(c) The mechanism or legal instrument that memorializes public access shall be considered as part of the PUD approval process and is subject to review by the City Attorney and City Manager.
(F) Permitted mix of uses. Where the existing underlying zoning district is residential, nonresidential uses shall be permitted as part of a planned unit development which also contains a residential component, provided that the applicant demonstrates that the residential uses will be predominant and the non-residential use will not create a nuisance for abutting property. The Planning Commission shall determine predominance of use after taking into account the following criteria as they apply to each of the proposed uses: extent to which it serves residents in the PUD compared to others who travel to the site, amount of traffic generated; hours of operation or use; noise, odors and overall impact on adjoining uses; land area allocated to each use; and, building area allocated to each use. Where residential development is the principal use and a commercial component of the PUD is predominantly designed to serve persons other than those who reside in the PUD, it shall not be permitted.
(G) Open space requirements. Open space shall at least equal that which would be provided under the maximum lot coverage requirements of the underlying district. Open space shall be in large contiguous units that are easily accessible and usable. Small discontinuous areas of open space are contrary to the intent of this section, although it may be necessary to permit up to 20% of the total open space area in small discontinuous areas on a given parcel in order to achieve quality design and/or function of the balance of the PUD. Any land without a structure within the boundaries of the site may be included as required open space, except for land in the floodplain, subject to an easement, submerged lands and land contained in public or private street right-of-way. The required open space shall be set aside by the developer through an irrevocable conveyance, such as a deed restriction or covenant that runs with the land, assuring that the open space will be developed according to the site plan and never change to another use unless the PUD plan is properly amended according to the requirements of § 154.117. The conveyance shall:
(1) Ensure the open space is under single ownership or control, such that there is a single person or entity having proprietary responsibility for the open space. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, master deeds and/or deed restrictions that indicate that open space will be held as proposed in perpetuity;
(2) Guarantee to the satisfaction of the City Council that all open space portions of the development will be maintained in the manner approved. Documents shall be presented to the satisfaction of the city attorney that bind all successors and future owners in fee title to maintenance commitments made as a part of the approval of the open space; and
(3) Provide for maintenance to be undertaken by the city in the event that the dedicated open space is inadequately maintained, or is determined by the city to be a public nuisance, with the assessment of costs upon the property owners within the PUD.
(H) Frontage and access. Planned unit developments shall front onto a street with adequate capacity to safely accommodate the traffic of the development without unreasonably congesting the street. Road improvements contiguous to the site of the PUD that would improve traffic safety and reduce congestion may be required as a condition of a development approval. Access and egress openings from the development onto a public or private street shall be limited to one per 200 feet. The nearest edge of any entrance or exit drive shall be located no closer than 100 feet from any street or road intersection (measured from the nearest intersection right-of-way line). All requirements of §§ 154.060 through 154.068 shall also apply to planned unit developments.
(I) Utilities; privacy for dwelling units. The design of a planned unit development, including electric, telephone and cable television lines, shall be placed underground, wherever feasible or required by the city.
(J) Privacy for dwelling units. The design of a planned unit development shall provide visual and sound privacy for all dwelling units within and surrounding the development. Fences, walks and landscaping shall be used in the site design to protect the privacy of dwelling units.
(K) Emergency access. The configuration of buildings, driveways and other improvements shall permit convenient and direct emergency vehicle access.
(L) Pedestrian and vehicular circulation. A pedestrian circulation system shall be provided that is isolated as completely as possible from the vehicular circulation system. The layout of vehicular and pedestrian circulation routes shall respect the pattern of existing or planned streets, sidewalks and bicycle pathways in the vicinity of the site.
(M) Minimum spacing. Unless modified in accordance with division (E), minimum spacing between detached buildings shall not be less than 20 feet measured from the nearest point of the foundation. In no case shall spacing be less than required under the Building Code.
(N) Building length. No multiple-family building shall exceed 120 feet in length along any one elevation of the building measured between its two furthest points unless modified in accordance with division (E).
(O) Sensitive natural features. All sensitive natural features such as drainage ways and streams, wetlands, lands within the 100-year floodplains, and stream or river banks (which by virtue of soils and slope may create highly erodible hazards to the public health and safety) shall remain unencumbered by any principal or accessory buildings and structures. However, areas zoned Downtown Waterfront Preservation District may be developed within special flood hazard areas as designated in the current Flood Insurance Rate Map (FIRM) if the lowest floor level is at least one foot above the Base Flood Elevation (BFE).
(P) Natural vegetation strip along streams. Drainage ways and streams shall be protected by a 25 foot natural vegetation strip or public easement measured from the centerline of the drainage ways or streams and measured from the ordinary high water mark for other surface water bodies.
(Q) Buffer zone along property lines. Natural vegetation, planted or landscaped buffer areas of 25 feet width are required wherever feasible along all exterior boundaries of the property to be developed as a PUD.
(R) Parking areas. The parking area shall be designed so as to maximize and encourage the use of landscape breaks and/or buffers to minimize the unbroken expanses of surfaced area. However, landscaped areas in parking lots shall be large enough to support thriving vegetation and shall be preferred over many small landscape islands.
(S) Common property.
(1) Common property in the PUD is a parcel or parcels of land, a privately owned road, or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites or condominiums within the PUD. When common property exists, the ownership of the common property shall be private.
(2) When privately owned, arrangements must be made for the improvements, operation and maintenance of the common property and facilities, including private streets, drives, service parking and recreational facilities (such as a club house or tennis courts).
(3) The applicant shall guarantee to the satisfaction of the city attorney that all common property portions of the development will be maintained in perpetuity and in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the approval of the common property.
(4) This provision shall not prohibit a transfer of ownership or control, provided notice of the transfer is provided to the city and the land use continues as approved.
(T) Easements across common property. When common property exists in private ownership, the owners shall grant easements, over, under and through the property to the city as are required for public purposes.
(Ord. 040726, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 130812-1, passed 8-12-2013; Am. Ord. 240122-B, passed 1-22-2024; Am. Ord. 241223-A, passed 12-23-2024)
§ 154.114 APPLICATION AND DATA REQUIREMENTS.
Application for planned unit development approval shall include all data requirements for site plan review as specified in §§ 154.060 through 154.068. Twelve copies shall be submitted. In considering any application for approval of a planned unit development proposal, the Planning Commission and City Council shall make their determinations on the basis of standards set forth for site plan review, as well the following standards and requirements. In addition, the application shall include the following:
(A) An overall plan for the planned unit development. The overall plan shall graphically represent the development concept using maps and illustrations to indicate each type of use, square footage or acreage allocated to each use, approximate locations of each principal structure and use in the development, setbacks and typical layouts and elevations for each type of use. The overall plan shall clearly delineate each type of residential use; office, commercial and other nonresidential use; each type of open space; community facilities and public areas; and other types of land use;
(B) Map and written explanation. A map and written explanation of the relationship of the proposed planned unit development to the city’s Comprehensive Plan;
(C) Conformance with the planned unit development concept. The overall design and all uses proposed in connection with a planned unit development shall be consistent with and promote the intent of the planned unit development concept described in § 154.110, as well as with the specific project design standards set forth herein;
(D) Compatibility with adjacent uses. The proposed planned unit development shall set forth specifications with respect to height, setbacks, density, parking, circulation, landscaping, views and other design and layout features which exhibit due regard for the relationship of the development to the surrounding properties and uses thereon. In determining whether this requirement has been met, consideration shall be given to the following:
(1) The bulk, placement and materials of construction of proposed structures;
(2) The location and screening of vehicular circulation and parking areas in relation to the surrounding development;
(3) The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development;
(4) The hours of operation of the proposed uses; and
(5) The provision of landscaping and other site amenities.
(E) Public services. The proposed planned unit development shall not exceed the capacity of existing and available public services, including but not necessarily limited to utilities, public roads, police and fire protection services and educational services, unless the project proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the planned unit development is completed;
(F) Impact of traffic. The planned unit development shall be designed to minimize the impact of traffic generated by the proposed development on surrounding areas;
(G) Accommodations for pedestrian traffic. The planned unit development shall be designed with a sidewalk network to accommodate safe pedestrian circulation throughout and along the perimeter of the site, without interference from vehicular traffic;
(H) Compliance with applicable regulations. The proposed planned unit development shall be in compliance with all applicable federal, state and local laws and ordinances;
(I) Legal documentation of single ownership or control. The documentation shall be in the form of agreements, contracts, covenants and deed restriction which indicate that the development can be completed as shown on the plans, and further, that all portions of the development that are not to be maintained at public expense will continue to be operated and maintained by the developers, their successors, or other authorized entity;
(J) Schedule. A specific schedule of the intended development and construction details, including the phasing or timing of all proposed improvements; and
(K) Draft. A draft of ownership and governance documents. These documents shall include the following:
(1) Deeds of ownership;
(2) Warranties guaranteeing ownership conveyed and described in the deeds;
(3) A list of covenants, conditions and restrictions that are conditions of ownership upon the purchasers and owners in the planned unit development; and
(4) Association bylaws (for example, condominium or homeowner’s association bylaws) which describe how the association is organized; the duties of the association to operate, manage and maintain common elements of the planned unit development; and, the duties of individual shareholders to manage and maintain their own units.
(Ord. 02-02, passed 2-11-2002)
§ 154.115 PROCEDURES AND REQUIREMENTS.
(A) Amendment required. The approval of a planned unit development application shall require an amendment to this chapter to revise the zoning map and designate the subject property as "Planned Unit Development Overlay Zone" or "PUD Overlay Zone". Approval granted under this section, including rezoning, if applicable, and all aspects of the final site plan and conditions imposed on it, shall constitute an inseparable part of the PUD approval.
(B) Review procedure.
(1) General. Planned unit development applications shall be submitted in accordance with the following procedures and requirements, which provide for detailed review of planned unit development proposals by the Planning Commission, followed by review and final approval by the City Council:
(2) Pre-application conference.
(a) Prior to the submission of an application for planned unit development approval, the applicant shall meet with the Chairperson of the Planning Commission, the Mayor, and the City Manager, together with such consultants as either the city or the applicant deem appropriate. The City Manager shall invite officials from other departments of the city, or agencies serving the city who might have an interest in the proposed development, or who might assist the city in the review process. The purpose of the meeting is to inform city officials of the concept of the proposed development and to provide the potential applicant with information regarding land development policies, procedures, standards and requirements of the city in terms of the proposed development. Statements made in the course of a pre-application conference shall not be legally binding commitments.
(b) At the pre-application conference (or conferences), the applicant shall submit a general sketch plan of the proposed planned unit development, accompanied by other maps and by written statements sufficient to convey the following information:
1. A legal description of the property in question;
2. A recent map of the site, reflecting area size and boundary line dimensions;
3. The total number of acres and square feet in the project;
4. Existing and proposed land uses and their approximate locations;
5. A statement of the approximate number of residential units, the approximate number and type of nonresidential units, and the approximate number of acres and square feet to be occupied by each type of use;
6. The approximate net residential density and expected final population of the proposed PUD;
7. The number of acres and square feet to be preserved as open or recreational space, and the general location of any such proposed open space or public use areas;
8. Existing floodplains, bodies of water and other unbuildable areas, and all known natural resources and natural features to be preserved;
9. Circulation patterns and emergency vehicle access, including pedestrian walkways and arterial, collector or local streets;
10. An explanation of the character of the PUD, the manner in which it has been planned to take advantage of the PUD regulations, the manner in which it reflects the purpose of planned unit developments as stated in § 154.110, and its conformance to the city’s Comprehensive Plan. The applicant shall detail the modification of the underlined zone to be sought;
11. A statement of ownership or option to purchase of all lands within the proposed PUD;
12. A general indication of the expected schedule of development, including phases of development, if any; and
13. Any other maps plans, site data or information that the applicant wishes to submit to explain the proposed development.
(C) Applicant eligibility. The application shall be submitted by the owner of an interest in land for which planned unit development approval is sought, or by the owner’s designated agent. The applicant or a designated representative should be present at all scheduled review meetings or consideration of the proposal may be tabled.
(D) Application forms and documentation. The application for planned unit development shall be made on the forms provided by the Zoning Administrator and shall conform with the submittal requirements of § 154.114. An application which does not meet submittal requirements shall be considered incomplete and shall not be formally reviewed.
(F) Submission of a completed plan. The planned unit development application materials, required fees, and sufficient copies of the completed site plan shall be submitted to the Zoning Administrator. Once the site plan and all required materials are established as being complete, sufficient copies shall be provided for distribution to each member of the Planning Commission and City Council.
(G) Zoning Administrator. After all application materials have been received and review fees paid, the City Clerk shall initiate the following.
(1) Acceptance for processing. The application shall be placed on the agenda of an upcoming Planning Commission meeting and a public hearing shall be scheduled.
(H) Planning Commission review. The Planning Commission shall conduct a public hearing on a PUD request. The planned unit development proposal and site plan shall be reviewed by the Planning Commission in relation to applicable standards and regulations and for consistency with the intent and intent of the planned unit development concept. In formulating a decision, the Planning Commission shall consider the public hearing findings, any special reports as well as the recommended actions of the Zoning Administrator, city consultants and other reviewing agencies.
(1) Plan revision. If the Planning Commission determines that revisions are necessary to bring the planned unit development proposal into compliance with applicable standards and regulations, the applicants shall be given the opportunity to submit a revised site plan.
(2) Submission of revised plans. Following submission of a revised plan, the planned unit development proposal shall be placed on the agenda of the next scheduled meeting of the Planning Commission for further review and possible action.
(I) Planning Commission determination. The Planning Commission shall make a recommendation to the City Council, based on the requirements and standards of this chapter. The Planning Commission shall recommend approval; approval with conditions; or, denial as follows.
(1) Approval. Upon determination by the Planning Commission that the final site plan for planned unit developments is in compliance with the standards and requirements of this chapter and other applicable ordinance and laws, the Planning Commission shall recommend approval.
(2) Approval with conditions. The Planning Commission may recommend that the City Council impose reasonable conditions with the approval of a planned unit development proposal, to the extent authorized by law, for the following purposes.
(a) To insure that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development;
(b) To protect the natural environment and conserve natural resources and energy;
(c) To insure compatibility with adjacent uses of land;
(d) To promote the use of land in a socially and economically desirable manner;
(e) To protect the public health, safety and welfare of the individuals in the development and those immediately adjacent, and the community as a whole;
(f) To achieve the intent and purpose of this chapter; and
(g) In the event that the planned unit development is approved subject to conditions, such conditions shall become a part of the record of approval, and shall be modified only as provided in § 154.117.
(3) Denial. Upon determination by the Planning Commission that a planned unit development proposal does not comply with the standards and regulations set forth in this chapter, or otherwise would be injurious to the public health, safety, welfare and orderly development of the city, the Planning Commission shall recommend denial.
(4) Preparation of report. The Planning Commission shall prepare and transmit a report to the City Council stating its conclusions and recommendations, the basis for its recommendation, and any recommended conditions relating to an affirmative decision.
(5) Submission of plans for City Council review. After the Planning Commission makes its recommendations, the applicant shall make any required revisions and submit sufficient copies of the revised site plan and supporting materials for City Council review.
(6) Public hearing. Upon receipt of the recommendations of the Planning Commission on the proposed planned unit development plan and application, the City Council shall schedule a public hearing, in accordance with § 154.115 above.
(7) City Council determination. The City Council shall make a determination based on review of the site plan and recommendation of the Planning Commission and the reports and recommendation from the Zoning Administrator, city consultants and other reviewing agencies. Following completion of its review, the City Council shall approve, approve with conditions, or deny a planned unit development proposal in accordance with the guidelines described previously in § 154.113.
(8) Recording of Planning Commission and City Council action. Each action token with respect to a planned unit development shall be duly recorded in the minutes of the Planning Commission and/or City Council, as appropriate. The grounds for the action taken shall also be recorded in the minutes.
(9) Effect of approval. Approval of a planned unit development proposal shall constitute an amendment to the zoning map if the property is not already zoned PUD. All improvements and use of the site shall be in conformity with the approved planned unit development and any conditions imposed. Notice of the adoption of a PUD amendment shall be published in accordance with the requirements set forth in §§ 154.110 through 154.118. The applicant shall record an affidavit with the Register of Deeds containing the legal description of the entire project, specifying the date of approval, and declaring that all future improvements will be carried out in accordance with the approved planned unit development unless an amendment pursuant to § 154.117 is adopted by the City Council upon request by the applicant or his or her successors. If a PUD involves a platted subdivision or master deed for a condominium project, whichever is applicable shall be filed as required by those statues before construction may begin.
(10) Zoning Board of Appeals; authority. The Zoning Board of Appeals shall not have the authority to consider an appeal of a decision by the City Council or Planning Commission concerning a planned unit development proposal.
(11) Application for a building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:
(a) Final approval of the site plan and planned unit development application;
(b) Final approval of the engineering plans;
(c) Acquisition of all other applicable city, county or state permits; and
(d) Receipt of filing of the plat or master deed from the appropriate state agency whichever is applicable.
(12) Expiration of planned unit development approval. Construction must be initiated under a planned unit development approval within one year from date of issuance of a zoning permit therefore. Upon receipt of a written request for an extension, an extension of up to one year may be granted by the Planning Commission if the Planning Commission feels the nature of the problems preventing project initiation are legitimate, and that the approved site plan adequately represents current conditions on and surrounding the site. If the project is not initiated within 24 months of the original approval the PUD is cancelled. Thereafter, the project may proceed only if approved after going through the entire planned unit development process again, starting with a new application. In the event that an approved planned unit development site plan becomes null and void, the city shall initiate proceedings to amend the zoning classification of the site.
(13) Performance guarantee. The Planning Commission or City Council may require that a performance guarantee meeting the requirements of § 154.067 be deposited with the City to ensure faithful completion of any improvements associated with or conditions required by planned unit development approval.
(14) Fees in escrow for professional reviews. For any application for site plan approval, a special land use permit, planned unit development, variance, or other use or activity requiring a permit under this chapter, either the Zoning Administrator or the Planning Commission may require the deposit of fees to be held in escrow in the name of the applicant. An escrow fee may be required for any project with more than ten dwelling units, or more than 10,000 square feet of enclosed space, or which requires more than 20 parking spaces. An escrow fee may be required for any other project which may, in the discretion of the Zoning Administrator or Planning Commission create an identifiable and potentially negative impact on public infrastructure or services, or on adjacent properties and because of which, profession input is desired before a decision to approve, deny or approve with conditions is made.
(Ord. 02-02, passed 2-11-2002)
§ 154.116 PHASING AND COMMENCEMENT OF CONSTRUCTION.
(A) Integrity of each phase.
(1) Where a project is proposed for construction in phases, the project shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety and welfare of the users of the planned unit development and residents of the community.
(2) Each phase of a PUD project requires submittal of a site plan and review under the procedures and requirements of this subchapter. However, a larger area could be rezoned PUD than the phase for which development approval is sought. If done, site plan review must still follow the two phase, two hearing process established in this subchapter.
(B) Rate of completion of residential and nonresidential components.
(1) Purpose. The purpose of the following provision is to ensure that planned unit developments are constructed in an orderly manner and, further, to ensure that the planned unit development approach is not used as a means of circumventing restrictions on the location or quantity of certain types of land use.
(2) General standards. In developments which include residential and non-residential components, the phasing plan shall provide for completion of a least 35% of all proposed residential units concurrent with the first phase of any non residential construction; completion of at least 75% of all proposed residential construction, concurrent with the second phase of non-residential construction; and completion of 100% of all residential construction prior to the third phase of non-residential construction. For purposes of carrying out this provision, the percentage shall be reasonable approximations as determined by the Planning Commission and Zoning Administrator, based on the floor area and land area allocated to each use.
(3) Modification to general standards. The percentages may be modified should the Planning Commission and City Council determine that the applicant presented adequate assurance that the residential component or components of the project will be completed within the specified time period.
(4) Completion of each phase. Each phase of the project shall be commenced within 12 months of the schedule set forth on the approved plans. If construction is not commenced within the required time period, approval of the plan shall become null and void, subject to the provision in § 154.115.
(Ord. 02-02, passed 2-11-2002)
§ 154.117 REVISION TO APPROVED PLANS.
(A) General revision. An approved planned unit development proposal and site plan may be revised in accordance with the procedures set forth for approval of a new proposal in § 154.114.
(1) The proposed changes will not affect the basis on which initial approval was granted;
(2) The proposed minor changes will not adversely affect the overall planned unit development in light of the intent and purposes of the development as stated in § 154.110; and
(3) The proposed changes will not affect the character or intensity of use, the general configuration of buildings and uses on the site, vehicular or pedestrian circulation, drainage patterns, or the demand for public services.
(C) Minor changes. Examples of minor changes include, but are not limited to:
(1) Additions or alterations to the landscape plan or landscape materials;
(2) Alterations to the internal parking layout of an off-street lot provided that the total number of spaces or ingress or egress is not reduced; and
(3) Relocation of a trash receptacle.
(D) Dedication of utilities and roads. Roads within the PUD development containing commercial or multifamily residential apartments, not associated with access to individual commercial or residential units, shall be dedicated to the city. Likewise, utility easements shall be conveyed to the city. Utility easements and roads in PUD developments approved prior to the enactment of this chapter and PUD developments only containing single family residential dwellings may remain in private ownership.
(Ord. 02-02, passed 2-11-2002; Am. Ord. 140714-1, passed 7-14-2014)
§ 154.118 REQUIRED IMPROVEMENTS PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY.
The Planning Commission is hereby empowered to stipulate that all improvements required of an approved PUD be constructed and completed prior to issuing a certificate of occupancy. In the event that the improvements are partially completed to the point that occupancy would not impair the health, safety and general welfare of residents, but are not fully completed, the Planning Commission may, upon the recommendation of the Building Inspector, approve a certificate of occupancy so long as the developer deposits a performance bond with the City Clerk/Treasurer in an amount equal to the cost of the improvements yet to be made, the improvements to be completed with six months of the date of the issuance of the certificate of occupancy. In the event the provision herein are not complied with, the bond shall be forfeited and shall be used by the city to construct the required improvements yet to be made, and/or for the enforcement of this chapter.
(Ord. 02-02, passed 2-11-2002)