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Winner City Zoning Code

PLANNED UNIT

DEVELOPMENT DISTRICT PUD

§ 154.340 INTENT.

   (A)   The provisions of this subchapter are to be applied in instances where tracts of land of considerable size are developed, redeveloped or renewed as integrated and harmonious units, and where the overall design of such units is so outstanding as to warrant modification of the standards contained elsewhere in this chapter.
   (B)   A planned development, to be eligible under this subchapter, must be:
      (1)   In accordance with the comprehensive plan of the city, including all plans for redevelopment and renewal;
      (2)   Composed of such uses, and in such proportions, as are most appropriate and necessary for the integrated functioning of the planned development and for the city; and
      (3)   So designed in its space allocation, orientation, texture, materials, landscaping and other features as to produce an environment of stable and desirable character, complementing the design and values of the surrounding neighborhood, and showing such unusual merit as to reflect credit upon the developer and upon the city.
(Prior Code, § 16.19.01) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.341 APPLICATION PROCEDURE.

   (A)   (1)   An applicant for consideration under the terms of this district, who must be owner, lessee or the holder of a written purchase option of the tract of land under consideration, shall submit to the Planning Commission a plan for the proposed planned development unit.
      (2)   The plan shall indicate:
         (a)   The location and extent of the proposed planned development unit, including its relationship to surrounding properties;
         (b)   The exact nature and extent of improvements to be developed or erected upon the tract, including:
            1.   An accurate map of the area covered by the plan;
            2.   The pattern of public and private roads, driveways, walkways and parking facilities;
            3.   Detailed lot layout and subdivision plan where required;
            4.   The arrangement of building groups and their architectural character;
            5.   Sanitary sewer and water mains;
            6.   Grading plan and storm drainage system;
            7.   The location and treatment of open space areas and recreational or other special amenities;
            8.   The location and description of any areas to be dedicated to the public;
            9.   General landscape treatment;
            10.   Proof of financing capability;
            11.   Analysis of economic impact upon the community;
            12.   A development schedule indicating:
               a.   The approximate date when construction of the project can be expected to begin;
               b.   The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;
               c.   The anticipated rate of development;
               d.   The approximate date when the development of each of the stages will be completed; and
               e.   The area and location of common open space that will be provided at each stage.
            13.   Agreements, bylaws, provisions or covenants that govern the organizational structure, use, maintenance and continued protection of the planned unit development and any of its common services, common open areas or other facilities; and
            14.   Any other plans, documents or schedules requested by the city.
         (c)   Such other information as may be required by the Planning Commission to determine if the proposed planned development unit is consistent with the intent of the district.
   (B)   (1)   The Planning Commission shall, within 60 days of receiving the plan for the proposed development unit, consider such plan at a minimum of one regular Planning Commission meeting. Upon consideration, the Planning Commission shall inform the applicant in writing of its approval or denial of the plan.
      (2)   In the event of denial, the Planning Commission shall inform the applicant of the reason(s) for denial, including any recommended modifications in the plan, which would cause the Planning Commission to reconsider.
   (C)   Upon approval of the plan by the Planning Commission, it shall forward its written recommendations to the City Council along with a copy of the approved plan, that the tract be designated a Planned Unit Development District (PUD) by amendment of the official zoning map.
   (D)   Upon receiving the Planning Commission’s written recommendation, the City Council shall consider the amendment of the official zoning map as provided elsewhere in this chapter.
   (E)   Following the amendment of the official zoning map by the City Council, the City Zoning Administrator may, upon proper application, issue a building permit for construction of the planned development unit in accordance with the approved plan.
(Prior Code, § 16.19.02) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.342 SUBSEQUENT PERFORMANCE.

   (A)   (1)   The building site and operational plans for the development, as approved, as well as other commitments and contractual agreements with the city offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within 90 days after approval of the specific implementation plan in the County Register of Deeds office.
      (2)   This shall include posting a performance bond or certified check with the city guaranteeing that required improvements will be constructed according to the approved implementation schedule.
      (3)   This shall be accomplished prior to the issuance of any zoning building permit.
   (B)   Following issuance of a building permit for the planned development unit by the Zoning Administrator, the applicant shall begin construction within a period of six months. Failure to do so shall invalidate the building permit. Construction shall follow precisely the plan approved by the Planning Commission to which modifications may be granted only by the Planning Commission upon the filing of an amended plan. Failure to follow the approved plan on the part of the applicant or his or her agent shall be considered a violation of this chapter punishable as herein prescribed.
(Prior Code, § 16.19.03) (Ord. 737, passed - -; Ord. 800, passed - -) Penalty, see § 154.999