Union City Zoning Code
ARTICLE XV
Planned Unit Development
Section 405.580 "PUD" Planned Unit Development.
[R.O. 2012 §405.580]
A.
Purpose. The provisions of this Section are designed to deal with larger scale developments and facilitate better site planning and community planning through modification of certain district regulations as they apply to such development.
B.
It is hereby recognized that, for larger scale developments, the regulations of districts in the Zoning Code, either individually or collectively, might impose unnecessary or undesirable rigidities on the site plan and thereby prevent achievement of the best possible plan within the Code. Therefore this Article has the following intents:
1.
To permit flexibility in site design by taking into consideration varying topographical conditions present on a proposed site.
2.
To achieve more efficient use of land, within the framework and intent of the Zoning Code, which can result from larger scale or multiple use developments.
3.
To encourage and permit provision of open space.
4.
To protect and preserve scenic assets and natural features and to incorporate these into the development.
5.
To foster a more stable community by providing a variety and balance of housing types and living environments.
6.
To encourage and permit variety in the location of buildings, roads, parking lots, and other facilities and activities.
7.
To increase the safety of pedestrian and vehicular traffic by reducing the number of traffic conflict points within a development.
C.
This Article is intended to achieve these objectives while promoting and protecting the public health, safety, and welfare of the City, and while safeguarding the present and future use and development of areas surrounding a proposed "PUD". The provisions of this Article shall supersede other subdivision regulations which are in conflict herewith except for these provisions regarding infrastructure improvements. All requirements pertaining to infrastructure improvements set forth in other subdivision regulations shall be applicable to any area proposed as a "PUD". Irrespective of the number of lots or building sites to be developed, a "PUD" shall not be considered as either a "major" or "minor" subdivision.
D.
The "PUD" designation is intended to be attached to use districts set forth in the Zoning Code and is not a separate use district. The "PUD" designation may be attached to a parcel of land under the Zoning District classifications existing at the date of application of "PUD" designation. It is further intended that a "PUD" designation may be applied to a residential, non-residential, or a combined residential/non-residential development but may not under any circumstances involve industrial uses. Industrial developments shall be governed by Section 405.430.
E.
Processing Procedures for Planned Unit Developments are as follows:
1.
Application and sketch plan submitted to Zoning Enforcement Officer for staff review one (1) month prior to the next regularly scheduled Planning and Zoning Commission meeting.
2.
Sketch plan of planned unit development presented to the Planning and Zoning Commission by Zoning Enforcement Officer with comments. The applicant is encouraged but not required to attend the Planning and Zoning Commission meeting at which the sketch plan is initially reviewed.
3.
Application for area plan submitted to the Planning and Zoning Department for public hearing and recommendation after review of sketch plan.
4.
Public hearing scheduled before the Planning and Zoning Commission for review and public comment on application and area plan.
5.
Planning and Zoning Commission review application and area plan after public hearing and issue recommendation within sixty (60) days of public hearing.
6.
Final area plan is submitted to Board of Aldermen for public hearing and decision.
7.
Final area plan either approved, denied or modified by the Board of Aldermen. If denied no further action is required except that applicant shall have the right to seek judicial review as provided by law. If final area plan is approved, it shall be recorded by the City Clerk and the applicant shall have the right to proceed in accordance with these regulations. If final area plan is modified, it shall be returned to Zoning Enforcement Officer for coordination with applicant. If applicant agrees to make the required modifications, such modified plans shall be submitted to the Zoning Enforcement Officer for final review. If such modified plans comply with all requirements imposed by the Board of Aldermen, such modified plans shall be transmitted to the City Clerk for recording. If the applicant is unwilling to make the required modifications, then in such event the application shall be deemed to have been denied.
F.
Any application that does not include all required information or that is not accompanied by the required fee shall be returned to the applicant as incomplete and no further processing shall occur until the deficiencies are corrected. The application fee required for a PUD is four hundred ($400.00) dollars.
Section 405.585 Authority.
[R.O. 2012 §405.585]
The Board of Aldermen of the City of Union shall have the authority to approve area and final Planned Unit Development (PUD) plans. Such plans may be considered by the Board of Aldermen only after the Planning and Zoning Commission has reviewed the plans and submitted its recommendations to the Board.
Section 405.587 Minimum Lot Area.
[R.O. 2012 §405.587; Ord. No. 4805, 9-8-2025]
A.
The minimum area to be developed under the regulations of this Article shall be five (5) acres; provided, however, that the minimum lot area may be waived by the Planning and Zoning Commission and Board of Aldermen upon application to the Planning and Zoning Commission.
B.
The applicant shall submit information to the Commission to support the request for a waiver of the minimum tract size requirement.
C.
The Commission shall consider the request for a waiver of the minimum tract size requirement. The Commission shall consider the request and act thereon; record said action in the minutes of the meeting and inform the applicant of the action in writing.
D.
The request for waiver and the Commission's action shall be made prior to the applicant's submittal of an application for a Planned Unit Development designation. If the Commission accepts the request for waiver of minimum tract size, the Commission shall indicate its decision and the reasons therefore in its report to the Board of Aldermen as required.
Section 405.590 Application Procedure.
[R.O. 2012 §405.590]
A.
The owner(s) of record, or any person(s) acting on behalf of the owner(s) of record of any tract five (5) acres or larger in area, may apply for "PUD" designation. The application for a "PUD" designation shall consist of a request for review and approval of an area plan for development of the entire tract. The application may accompany a zoning amendment application for the tract in question. Following review by the Planning and Zoning Commission and approval of the area plan and designation of the lot as a "PUD" by the Board of Aldermen, a second (2nd) application shall be made for approval of a final site plan for the entire tract unless the development is to be performed in phases in which case a final site plan shall be submitted for the initial phase or phases. A separate application for final site plan approval shall be required for each subsequent phase. No construction or other site improvements may commence and no permit shall be issued therefore, on a tract with a multiple stage "PUD" designation, until a final site plan for said tract or part thereof has been approved in accordance with this Article.
B.
Each application shall be filed with the Zoning Enforcement Officer, who shall transmit the area plan to the Planning and Zoning Commission. The application must be filed at least one (1) month prior to the Commission meeting at which it is to be first considered.
C.
The applicant may appear before the City Planning and Zoning Commission, prior to application for a "PUD" designation, to discuss the proposed development as part of the sketch plan review. This provision is not mandatory and is intended to provide an opportunity to review the general plan prior to the initiation of the formal process.
Section 405.595 Information Required - Area Plan.
[R.O. 2012 §405.595]
A.
Application. The application for area plan approval shall include the following information:
1.
The name of the proposed "PUD".
2.
Names, addresses and phone numbers of the owner(s) of record, engineer, surveyor or designer responsible for the planning, engineering survey and design.
3.
Acreage in the "PUD".
4.
Legal description of the entire "PUD".
5.
Proposed deed restrictions, protective covenants, and homeowner's association articles of incorporation and bylaws.
6.
Signature(s) of applicant(s) and owners(s) certifying the accuracy of the requested information.
7.
Any additional information deemed necessary by the Zoning Enforcement Officer.
8.
Receipt from City Clerk showing application fee has been paid.
B.
Area Plan. The application shall be accompanied by five (5) copies of the proposed area plan drawn at appropriate scale showing:
1.
Name of the proposed "PUD" project.
2.
Scale, date and north arrow.
3.
A key map showing the "PUD" in relation to the surrounding area.
4.
Within two hundred (200) feet of the proposed development, names of adjacent subdivisions, layout of streets (with names), rights-of-way widths, connections with adjoining platted streets, widths and locations of alleys, easements, and public sidewalk adjacent to or connecting with the tract location and size of all existing sanitary sewer, storm sewer and supply facilities.
5.
Existing conditions in the plan area showing all utilities, bridges, streets, drives or alleys and existing structures.
6.
Existing topography (at least (5) foot contour intervals). All topographic data shall directly relate to USGS date.
7.
The zoning status of the "PUD" and of all adjacent properties shall be identified on the Plan. If the project is situated within more than one (1) zoning district, the zoning district boundary lines shall be clearly indicated.
8.
The general plan layout of the entire "PUD" showing proposed land uses, streets, parking areas, open space areas, and sidewalk with significant dimensions indicated where appropriate to clarify the plan.
9.
All planned use areas shall be clearly labeled as to the proposed use and all parcels of lands to be dedicated or reserved for public use or for use in common by property owners in the Planned District shall be indicated on the plan dedication or reservation.
10.
The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of land, buildings, and structures, including proposed easements or grants for public utilities.
11.
Proposed stages of development.
13.
Commercial data.
14.
Any additional information deemed necessary by the Zoning Enforcement Officer to adequately illustrate the proposed development.
Section 405.597 Procedure for Area Plan Review.
[R.O. 2012 §405.597]
A.
Upon receipt of the area plan from the Zoning Enforcement Officer, the Planning and Zoning Commission shall undertake a study of the area plan. The Commission shall advise the applicant in writing of any recommended changes in the area plan as are needed to conform to the standards of this Article and other pertinent ordinances.
B.
The Planning and Zoning Commission shall conduct a public hearing on the area plan, said hearing to be held within thirty (30) days of the filing date or at the regular Commission meeting closest to that date. At least fifteen (15) days' notice of the hearing shall be published in a newspaper of general circulation along with hearing notice for a zoning amendment for the tract in question, if such amendment is applied for. The public hearing may be held jointly with a public hearing on any zoning change and/or conditional use permit or other requested variances as a result of the development for the tract in question.
C.
The Planning and Zoning Commission shall review the area plan, and shall submit its recommendation to the Board of Aldermen. If a zoning amendment application has been made for the subject tract to permit the development proposed in the area plan, the Planning and Zoning Commission shall take action on such amendment before taking action on the area plan.
D.
The Board of Aldermen shall review the area plan, and the report of the Planning and Zoning Commission thereon and shall schedule a public hearing thereon and shall thereafter approve, modify or deny the area plan. If a zoning amendment application has been made for the subject tract to permit the development proposed in the area plan, the Board shall take action on such amendment before taking action on the area plan.
E.
If the area plan is approved by the Board of Aldermen, the applicant shall review the area plan in its approved form. The applicant and the owner(s) of record shall then sign a statement that the approved area plan shall be binding upon the applicant and the owner(s) of record and upon their heirs, successors, and assigns. The area plan shall not be officially approved, nor may the applicant submit a final site plan for the lot or any part thereof, until said statement has been signed as required herein. The foregoing approval and signing shall constitute official approval of the "PUD" designation for the subject tract. Rezoning may be made contingent upon the "PUD" statement being property signed.
Section 405.600 Standards for Area Plan Approval.
[R.O. 2012 §405.600]
A.
The Planning and Zoning Commission shall determine and shall provide evidence of same in its report to the Board of Aldermen and the Board of Aldermen shall determine, based upon its review of the Commission report and its own findings that the proposed area plan meets the intent of this Article and meets the following standards:
1.
The use of land shall be in conformance with the permitted uses of the district in which the proposed development is to be located and conforms to the adopted Comprehensive Plan or any part thereof, or represents land use policy which, in the Commission's opinion, is a logical and acceptable change in the adopted Comprehensive Plan.
2.
The average density of development within the "PUD" shall remain the same as would be permitted if the area were to be developed conventionally. Average density is to be calculated as total land area excluding public right-of-way, land to be used as detention basins and common ground so long as such common grounds are developed with acceptable amenities.
3.
The proposed development shall be adequately served by public facilities and services, such as: highways, streets, easements, drainage courses, storm water retention and detention facilities, water and sanitary sewer facilities in a manner acceptable to the Board.
4.
Each phase of the proposed development shall not be dependent upon completion of subsequent phases of the same development for the facilities and services identified in Subsection (3) above.
5.
Open space, individual properties, and all other elements of the "PUD" are so planned that they will achieve a unified environmental scheme, with open spaces and all other elements in appropriate locations, suitably related to each other, the site and the surrounding land. All open spaces shall be permanently secured as such to the satisfaction of the Board.
6.
The location of the proposed uses, layout of the site and its relation to streets giving access to it, shall be such that traffic to, from, and within the tract, and concentration of person in connection therewith, will not be hazardous or inconvenient to the project or the neighborhood. In applying this standard, the Commission and the Board shall consider among other things, convenient routes for pedestrian traffic, particularly of children, relationship of the proposed project to main thoroughfares and street intersections; and the general character and intensity of the existing and potential development of the neighborhood.
7.
Where applicable, the Planning and Zoning Commission and the Board shall determine that the noise, odor, light, or other external effects from any source whatsoever, which are connected with the proposed use, will not adversely affect adjacent and neighboring areas and uses.
8.
Yard requirements along the perimeter of the "PUD" shall be at least equal to those required in the district(s) in which the "PUD" is located.
Section 405.605 Effect of Area Plan Approval.
[R.O. 2012 §405.605]
A.
Approval of the area plan by the Board of Aldermen shall have the following effects:
1.
Approval shall assure the applicant that the area plan is acceptable to the Board for a three (3) year period provided construction is diligently pursued, and authorizes the applicant to file a final site plan for the entire tract or portion thereof if the "PUD" is developed in phases. The foregoing to the contrary notwithstanding, any area which has prior to the effective date of these regulations been designated for development as "planned unit development" or as a "planned residential development" shall not be subject to the time limitations set forth herein. Any owner of an area which has been designated as a "planned residential development" or as a "planned unit development" prior to the effective date of these regulations shall have a vested right in and to such designation which may only be eliminated by either the request of the owner or by the owner failing to install required infrastructure improvements within the area within the time and manner required by the City.
2.
Official approval of the area plan shall confer "PUD" status to the subject tract and permit modifications of lot area, lot width, yard requirements, and spacing among buildings and structures within the lot, except on the perimeter thereof, all as set forth in the approved area plan.
3.
No deviations from the area plan approved by the Board of Aldermen shall be permitted except as provided for in this Article.
4.
Approval of the area plan of a "PUD" shall expire and be of no effect one (1) year after the date of approval unless a final site plan has been approved by the Planning and Zoning Commission for the initial phase within such one (1) year period.
5.
Approval of the area plan of a "PUD" shall recognize the developer's right to construct the development.
Section 405.610 Information Required - Final Site Plan.
Section 405.615 Procedure for Final Site Plan Review.
[R.O. 2012 §405.615]
A.
The Planning and Zoning Commission shall, upon receipt of a Final Site Plan, study same and approve or deny the Final Site Plan. The Commission shall advise the applicant of its action in writing. If the final site plan is denied, the applicant shall make the required changes and resubmit the plan to the Planning and Zoning Commission.
B.
The Planning and Zoning Commission shall transmit the approved final site plan to the Board of Aldermen for its information.
C.
The applicant and owner(s) of record shall review the approved final site plan and sign a statement that the approved final site plan shall be binding upon the applicant and the owner(s) and their heirs, successors and assigns.
D.
Building Permits may be issued after the applicant has signed the required statement.
E.
The procedure of this Section shall be repeated in full for each phase of the development in the approved area plan.
F.
Final site plan approval shall be subject to the requirements of a giving of escrow as outlined in Section 410.070(B)(8).
Section 405.617 Standards for Final Site Plan Approval.
[R.O. 2012 §405.617]
A.
The Planning and Zoning Commission, in granting final site plan approval, shall determine that the following standards have been met.
1.
The final site plan shall conform to the approved area plan, except that minor variations may be permitted at the discretion of the Zoning Enforcement Officer without amendment of the approved area plan. Minor variations include, among others, a change in residential floor area, an increase in non-residential floor area of five percent (5%) or less, and a change in layout. The applicant shall provide the Zoning Enforcement Officer a revised area plan which incorporates such changes. The revised plans shall each be signed by the applicant and owner(s) of record. Modifications, such as, but not limited to, a change in use, type of street, increase in density or intensity of development, type of dwelling unit, or an increase in non-residential floor area of over five percent (5%), shall be considered major changes and shall require amendment of the approved area plan. The Zoning Enforcement Officer shall determine whether a change is minor or major, in accordance with this Section.
2.
All dedications shall be effective upon recording.
3.
If the area is to be developed in phases, each phase shall not depend upon subsequent phases for adequate access, utilities or public facilities.
Section 405.620 Effect on Final Plan Approval.
[R.O. 2012 §405.620]
A.
Once a developer has received final plan approval, it shall be the developer's responsibility to maintain the following at their offices available to public:
1.
Description of the developer's subdivision trustees' responsibilities for common ground within the subdivision.
2.
A copy of their approved final plan indicating the nature of all adjacent zoning as of the date of approval.
3.
A copy of all indentures, restrictions and covenants to be available also.
Section 405.623 Preservation and Maintenance of Open Space.
[R.O. 2012 §405.623]
All open spaces identified in the approved area plan and which are to remain in private ownership shall permanently remain as open space and shall be properly maintained.
Section 405.625 Amendment of a "PUD" Project.
[R.O. 2012 §405.625]
An approved "PUD" project may be amended at either the area plan or final site plan stage by use of the procedure for original approval. An amendment to a final site plan which results in a major change in the area plan shall require an amendment of the area plan and shall be processed in the same manner as the original application with a public hearing before the Planning and Zoning Commission following due public notice as required by law.
Section 405.627 Expiration of Approvals.
[R.O. 2012 §405.627]
A.
If a tract has been designated as a "PUD" by the Board of Aldermen, said tract shall not be developed or used except in accordance with the approved area plan and final site plan unless and until such designation is removed by formal action of the Board of Aldermen.
B.
A final site plan for the entire area designated as a "PUD" or Final Site Plans for each phase of a "PUD" which is planned in phases must be approved by the Planning and Zoning Commission within one (1) year of the date of approval of the area plan. Failure to obtain approval of Final Site Plans as herein provided shall authorize the Board of Aldermen to revoke, at its discretion, the right to develop under the approved area plan and to require that a new area plan be filed and reviewed in accordance with the provisions of this Article.
C.
Approval of the final site plan as a "PUD" shall expire and be of no effect one hundred eighty (180) days after the date of approval unless construction is begun and is diligently pursued in accordance with the approved plan. Expiration of the approved final site plan shall authorize the Board of Aldermen to require filing and review of a new final site plan in accordance with the provisions of this Article.
D.
Development of a final site plan under an approved "PUD" shall be completed within two (2) years of the date of approval. If said development is not so completed, the Commission shall not review or approve plans for any subsequent phases of the "PUD" unless good cause can be shown for not completing same. The time limits as set forth herein shall not be applicable to a "planned unit development" which was approved prior to the effective date of these regulations.
Section 405.630 Extension of Time Limits.
[R.O. 2012 §405.630]
Time limits set forth in this Article may be extended only by formal action of the Board of Aldermen.
Section 405.633 Violations.
[R.O. 2012 §405.633]
The approved area plan and/or final site plan shall have the full force of the Zoning Code. Any violation of either the approved area plan or approved final site plan shall be grounds for the Zoning Enforcement Officer to issue a stop-work order and to withhold Building Permits until the violation is cured.