St Bonifacius City Zoning Code
PLANNED UNIT
DEVELOPMENTS
§ 157.035 INTENT AND PURPOSE.
(A) It is the intent of this section to accommodate creative and imaginative planned unit development (PUD) for the purpose of accommodating greater flexibility in site plan design than is provided under the strict application of zoning regulations, while at the same time preserving the health, safety and general welfare of the city and its citizens.
(B) In summary, a PUD is intended to be used to achieve the following objectives:
(1) Take advantage of natural features;
(2) Provide flexibility in design to enhance the city’s visual character;
(3) A more efficient use of land and public facilities and services; and
(4) Accumulation of large areas of usable open space and preservation of areas with significant natural features worth preserving.
(Ord. passed 12-17-2014)
§ 157.036 STANDARDS.
(A) A PUD shall have a minimum of five acres; except that, a smaller parcel may qualify for the use of a PUD where total ownership is less than five acres and, in the judgment of the city, there is a benefit to the city to consider a smaller PUD for such reason as the conservation of natural features.
(B) All property within a PUD shall be under the control of one owner or group of owners capable of planning and developing the PUD site as a unit.
(C) The maximum density of development shall not exceed densities consistent with the city’s long range comprehensive land use plan.
(D) Standards throughout the zoning and subdivision ordinances will be used to review and guide the development of a proposed PUD. Deviation from those standards may be permitted only if deviation is consistent with the total design of the development, encourages a desirable living environment and is not detrimental to the health, safety and general welfare of the city or its residents.
(E) Design standards of roads, lots utility easements, storm drainage, utilities or other facilities shall be accomplished in accord with those design standards specified in Ch. 156 of this code of ordinances.
(F) Whenever possible, common open space shall be linked into the open space areas of surrounding developments.
(G) All land uses shall abut on a public street or have adequate access to a public street by means of an interior access drive. All streets and drives must tie in effectively with the city’s existing street system and other streets as may be proposed in the comprehensive plan.
(H) The architectural style of individual structures should be related and compatible with other structures in the PUD, with the overall site design and with surrounding land uses.
(I) Whenever a question arises concerning the interpretation of any portion of this chapter, the Park/Planning Commission shall ascertain all facts concerning the question and forward all data and a recommendation to the City Council for determination.
(J) In considering an application for a PUD, the City Council shall consider:
(1) The advice and recommendation of the city staff and Park/Planning Commission;
(2) The effect of the proposed plan upon the health, safety and general welfare of the occupants of surrounding land;
(3) The existing and anticipated traffic conditions, including parking facilities on adjacent streets and land;
(4) The consistency of the proposed plan with the city’s comprehensive plan;
(5) The provision within the plan for preservation of natural amenities such as streams, wooded areas and rough terrain and its offset upon the environment; and
(6) The availability of financing to the applicant and the applicant’s financial ability to assure completion of the development by requiring a performance bond as specified in Ch. 156 of this code of ordinances.
(K) Lands within a planned unit development district shall only be used for uses designated on the comprehensive plan. Upon approval of a development plan, the PUD shall become the zoning district for the PUD site and any change in use will require a zoning amendment. Amendments shall follow the procedures established by § 157.168 of this chapter.
(L) Subdivision review shall be carried out simultaneously with the review of the PUD. The plans required by this section shall be submitted in a form which will satisfy the requirements of Ch. 156 of this code of ordinances for the preliminary and final plat.
(Ord. passed 12-17-2014)
§ 157.037 PROCEDURES FOR PROCESSING A PUD.
(A) Pre-application conference. Upon filing an application for PUD, the applicant shall arrange for a meeting with appropriate city staff. The purpose of this meeting is to provide the applicant with as much background information as may be available which could have a bearing in the PUD and to obtain guidance as to the general suitability of the proposed PUD.
(B) Concept plan.
(1) The applicant shall submit a concept plan for review by the Park/Planning Commission as a means to further establish the general suitability of the PUD.
(2) Fifteen copies of the concept plan shall be submitted including the following information:
(a) Proposed street, building and open space locations along with general landscaping/ screening plans;
(b) Height and square footage of buildings;
(c) Proposed uses and acreages by use;
(d) Number of dwelling units, architectural drawings;
(e) Generalized grading showing major cuts and fills; and
(f) A general staging plan illustrating the sequence and approximate timing of the development phases.
(C) Information meeting.
(1) This information meeting on the concept plan shall be held with neighboring property owners (within 350 feet of the site), the Park/Planning Commission and City Council prior to the development plan - rezoning request.
(2) The city will notify all persons as to the time and place of the meeting.
(D) Development plan (rezoning). The applicant shall submit a development plan and rezoning application to be reviewed by the Park/Planning Commission at a public hearing and by the City Council.
(E) Development plan requirements. Fifteen sets of exhibits, maps, and plans at a scale of one inch equals 100 feet, and written support information shall be submitted including the following information:
(1) An existing conditions element including maps illustrating existing zoning and land use within 300 feet of the property, relationship to the comprehensive plan and existing site conditions including:
(a) Existing topography and slopes;
(b) Tree inventory (size, type, condition);
(c) Wetland inventory;
(d) Existing drainage patterns;
(e) Soils conditions;
(f) Existing utilities and streets; and
(g) Property lines and easements.
(2) A graphic and tabular development plan element including:
(a) Building locations, height, bulk and square footage;
(b) Areas and square footage of all land uses including parks, open space, water surface areas and conservation areas;
(c) Number of dwelling unit by types;
(d) Major circulation elements (streets and trails);
(e) Drainage and utilities plan;
(f) Grading plan;
(g) Landscaping plan;
(h) Lighting and signage plans;
(i) A phasing plan illustrating the timing and sequence of development; and
(j) Elevation drawings of the entrance side of all principal structures.
(3) A preliminary plat in accordance with Ch. 156 of this code of ordinances. Public hearing requirements shall be the same as for preliminary plat hearings as outlined in § 156.17 of this code of ordinances. For purposes of administrative simplification, public hearings required for the rezoning and preliminary plat may be combined into one hearing.
(4) A written element including:
(a) Landowner/applicant’s name and address;
(b) Evidence of ownership;
(c) Development objectives;
(d) Legal description;
(e) Proposed restrictive covenants and detailed information on the organization of the homeowner’s association; and
(f) Open space maintenance provisions and agreements.
(F) Findings. The Park/Planning Commission and City Council shall not approve a PUD District unless they shall find as follows:
(1) The proposed development is not inconsistent with the city’s comprehensive plan;
(2) The development satisfies most, if not all, of the objectives of the district; and
(3) The PUD will not be detrimental to surrounding neighborhoods and provides some benefit not gained through adherence to the underlying zoning district requirements.
(G) Development agreement. Upon approval of a development plan, the City Council shall direct the City Attorney to draft a development agreement in a manner so as to allow its filing with the county’s Recorder.
(H) Final development plan and final plat.
(1) Within 60 days of City Council approval of the development plan and preliminary plat, the applicant shall file a final development plan and the final plat for all that portion to be platted.
(2) The final development plan and the final plat shall contain those changes as recommended by the Park/Planning Commission and approved by the City Council during the preliminary review process.
(3) The final development plan and final plat shall be submitted to the Park/Planning Commission for review. The Commission shall make its recommendation within 60 days of referral.
(4) The City Council shall review the final development plan and act on the final plat within 30 days of receiving the recommendation from the Park/Planning Commission.
(5) Once the final development plan and final plat have been approved, the final plat shall be filed with the county’s Recorder’s Office. Final plat requirements shall be in accordance with § 156.18 of this code of ordinances.
(6) If development has not occurred within one year, the City Council may rezone the property to the original district and shall not have to find that the PUD zoning was in error.
(I) Major amendments.
(1) The procedure for a major amendment shall be the same as for approval of the original PUD. A major amendment is an amendment which:
(a) Substantially alters the locations and size of buildings, streets and parking areas;
(b) Increases or decreases the number of residential dwelling units by more than 5%;
(c) Increases the floor area of non-residential buildings by more than 5%;
(d) Increases the number of stories of any building;
(e) Decreases the amount of open space so as to alter the original design or intent; and
(f) Does not comply with a condition attached to the approval of the development plan.
(2) Other amendments may be made by a simple majority vote of the Park/Planning Commission and City Council.
(Ord. passed 12-17-2014)
§ 157.038 PURPOSE AND INTERPRETATION.
This chapter is adopted for the following purposes:
(A) Safeguarding the best interests of the public, the homeowner, the subdivider and investors by encouraging planned, efficient and attractive subdivisions, by establishing adequate and impartial standards for design and construction;
(B) To guide the future growth and development of the city in accordance with the comprehensive plan;
(C) To provide for the health and safety of residents, by requiring properly designed streets, storm drainage facilities, sewer and water services, park and open space provisions and grading and landscaping features;
(D) To place the cost of improvement against those benefitting from their construction;
(E) To secure the rights of the public with respect to public lands and waters; and
(F) To establish the minimum requirements necessary to protect the public health, safety and general welfare.
(Ord. passed 12-17-2014)
§ 157.039 SEPARABILITY.
If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment.
(Ord. passed 12-17-2014)
§ 157.040 AMENDMENTS.
For the purpose of providing for the public health, safety and general welfare of the city, the City Council, with the consultation of the Park/Planning Commission, may from time to time amend the provisions imposed by these subdivision regulations. Public hearings on all proposed amendments shall be held by the Park/Planning Commission in the manner prescribed by law.
(Ord. passed 12-17-2014)
§ 157.041 CONDITIONS.
Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to the city. The developer has the duty of compliance with reasonable conditions laid down by the City Council and Park/Planning Commission for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economic development of the city and to allow for the health, safety and general welfare of future landowners in the subdivision and of the community at large.
(Ord. passed 12-17-2014)
§ 157.042 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
BLOCK. An area of land within a subdivision that is entirely bounded by streets, exterior boundary lines of the subdivision and/or bodies of water.
FINAL PLAT. The final map and/or plan and/or record of a subdivision and any accompanying material presented material to the City Council for approval and which, if approved, will be duly filed with the county’s Register of Deeds. Said plat must conform to all state laws.
IMPROVEMENTS. The construction or installation of public or private utilities including, but not limited to, potable water, sanitary sewer systems, storm sewers, roads and other barricades, trees and other plantings, lighting, fuel or energy and the transmission thereof, transportation systems or facilities connected therewith and communication systems which are necessary, desirable or convenient in the maintenance of the health, safety and the general welfare.
LOT. A lot whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat.
PLANNED UNIT DEVELOPMENT (PUD). A self-contained development, sometimes with a mixture of housing types and densities, in which the subdivision and zoning controls are applied to the project as a whole rather than to individual lots, as in most subdivisions. Therefore, densities are calculated for the entire development, usually permitting a trade-off between clustering of houses and provision of common open space.
RIGHT-OF-WAY. An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.
(Ord. passed 12-17-2014)