Copyrighted by the City of Springdale & Municipal Code Corporation, 1998.

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Sec. 5. PUD--Planned unit development standards.

5.1 General eligibility and staging requirements.

1. Location. The intent is to apply the PUD district to areas designated as agricultural, residential or commercial on the land use plan.

2. Ownership. Eligible applicants for preliminary plan review must be the landowners of record, holders of a lease for not less than fifty (50) years, or their authorized agent and beneficiaries of all properties in question. The approved final development plan shall be binding on all subsequent owners of the land until revised or repealed as authorized in this article.

3. Minimum size. Eligible properties must be ten (10) acres in size.

4. Staging. Submissions of proposals of entire ownerships is encouraged, however, applicants may submit a phased development plan for incorporating incremental final development plans and plats for subareas of the entire ownership. Phased development must indicate the entire ownership on a boundary survey with all proposed streets and drainage. Where this is done, the applicant shall adhere to the approved development schedule for the phased submission of final development plan and plat.

If the applicant cannot adhere to the time period approved, a written request for extension may be submitted to the planning commission for approval of a maximum of two (2) one-year extensions. Additional extensions shall require approval of the city council.

5.2 Application review procedures.

1. Generally. The application procedure shall consist of three (3) phases:

a. A preapplication conference with planning and community development staff.

b. A preliminary development plan reviewed and approved by the planning commission and the city council.

c. Final development plan approved as a whole or in phases by the planning commission and city council following its review for conformity with the preliminary development plan.

d. The final development plan shall be approved prior to the issuance of any building permits within any portion of the planned unit development. The final development plan shall be recorded prior to the issuance of a building permit.

2. Preapplication conference. Before submitting an application, the landowner or authorized agent shall confer with city staff in order to become familiar with the development review process. The staff shall inform the applicant of any perceived problems that may arise. A further purpose of the preapplication conference is to make sure that the applicant has, or will be able to, submit the necessary information for filing the application. The intent of this conference is to provide guidance to the applicant prior to incurring substantial expense in the preparation of plans, surveys and other data required in a preliminary plan.

3. Preliminary development plan review. An application seeking a PUD rezoning of a parcel of property shall submit to the planning and community development division a preliminary plan and all the necessary fees at the time of the filing.

The preliminary plan will be submitted through the technical plat review process established in chapter 112 of this Code and the recommendations from that process will be forwarded to the planning commission. A public hearing for the preliminary plan shall be set no later than sixty (60) days after filing and shall be legally advertised as specified in the zoning ordinance.

At the public hearing before the planning commission, the applicant and interested citizens will have the opportunity to discuss the merits of the development proposal. The planning commission will assess the proposal in light of ordinance guidelines and will take action after weighing the recommendations of staff, the developer's presentation and the community response. The commission shall approve, grant approval with conditions on specified modifications, or disapprove the development proposal. The applicant shall receive written notification of the action taken by the planning commission within ten (10) days of the meeting date.

If the planning commission approves the preliminary plan, it will be forwarded to the city council for their review. The city council may grant or deny as submitted or as amended, defer for requested changes or information, or return the application to the planning commission for further study. The council may direct the planning commission to reconsider specific aspects of the preliminary plan. If the preliminary plan is approved, an ordinance shall be prepared which incorporates the plan or conditions. The city shall not issue any building or occupancy permits until the specified conditions or modifications are met.

If a preliminary plan is conditionally approved, the applicant shall have ninety (90) days from the date of planning commission action granting approval to submit a revised preliminary plan. If the planning staff determines such revisions are in conformance with the planning commission's specific recommendations, it shall be forwarded to the city council for disposition. If the revisions are determined not to be in conformance with the intent of the conditional approval, the revised development plan will be resubmitted to the planning commission for public hearing.

Appeals from the action of the planning commission shall be filed with the city clerk. The content of the of the appeal filing shall consist of (1) a cover letter addressed to they mayor and city council setting forth the request; (2) a copy of the application indicating the planning commission action and property executed by the staff. This filing shall occur within thirty (30) calendar days of the action of the planning commission.

4. Engineering plans and specifications. After the approval of the preliminary plat but before improvements are started, the developer shall submit engineering plans, a final drainage report, and specifications for the streets, grading, and storm drainage improvements including, but not limited to, profiles, specifications, and cross-sections along with grading and storm drainage plans and computations, pursuant to and in compliance with chapter 106, storm water drainage to the director of the planning and community development division for review and written approval prior to commencement of improvements. During the same period, the subdivider shall submit water and sewer plans and specifications to the water and sewer department. No work shall begin without prior approval of the director of the planning and community development division.

All streets which are to be dedicated to the city as public streets within the planned unit development boundaries shall be dedicated and constructed in conformance with the master street plan and chapter 110 of this Code, with right-of-way dedicated when such right-of-way is needed to conform to the master street plan.

5. Final development plan and plat. The applicant shall generally have one year from the date of preliminary development plan and plat approval to submit the final development plan and plat. In cases where a phased preliminary development plan is approved, an approved submission schedule for incremental final development plan and plat shall be followed. Requests for extensions shall be submitted in writing to the planning commission, which shall not unreasonably withhold approval. A maximum of two (2) one-year extensions may be granted by the planning commission. Additional extensions shall require approval by the city council. Extensions must be applied for before the time elapses on preliminary approvals.

The final development plan and plat review shall be conducted by the planning commission and staff. They will review the final development plan and plat to determine that no substantial changes were made to those elements of the plan agreed upon in the preliminary development plan. If substantial changes are found to have been made to the agreed elements, then the application must be resubmitted for preliminary development plan review.

The final development plan shall be deemed to be in substantial compliance with the preliminary development plan provided the plan does not:

a. Increase proposed floor area for nonresidential use by more than five (5) percent.

b. Increase total building coverage by more than five (5) percent.

c. Increase total number of dwelling units by more than five (5) percent within a given phase. Fluctuation shall be permissible, provided overall density is maintained.

A public hearing need not be held to consider modifications on location and design of infrastructure improvements as detailed in the subdivision regulations.

If the planning commission finds only minor differences exist in the final development plan and plat, then the commission shall approve final disposition.

Approval or disapproval of a final development plan and plat by the planning commission shall occur within sixty (60) days of the filing of the plan and plat. If the plan as submitted contains deviations of substance from the previously approved preliminary development plan the planning commission may, after meeting with the landowner, refuse to grant final approval and shall so advise the landowner of said refusal, giving the reasons such deviations are not in the public interest.

The landowner may either submit a final development plan and plat in conformance with the preliminary plan or file a written appeal with the city council within thirty (30) days of the refusal date. The city council shall consider the appeal at its next regularly scheduled meeting.

Before the final development plan and plat has been approved, the applicant shall assure installation of required public improvements as required for final plat approval in the city subdivision regulations. After compliance has been reached with all provisions of the PUD regulation and subdivision regulation, the engineer of record shall present to the staff the original documents, which after application of proper signatures shall be recorded with the county clerk's office.

5.3 Submission requirements. As part of the application process, the applicant shall be required to submit the following documents and information.

1. Preliminary development plan and plat.

a. A statement describing the character of the development and including the rationale behind the assumptions and choices made by the application.

b. A site plan as described in this regulation.

c. A development schedule indicating the approximate date when construction of the development or stages of the development can be expected to begin and to be completed.

d. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PUD, including land areas, and dwelling units.

e. A preliminary plat in accordance with the subdivision regulations for the city.

2. Final development plan and plat.

a. A letter from the applicant requesting final development plan review.

b. A description of the maintenance provisions of the development.

c. Final subdivision plat.

d. A final site plan reflecting any changes from the original site plan.

e. Property owner association agreement and protective covenants.

Building permits may be issued upon request by the owner or developer based on the approved final development plan and plat.

5.4 Waiver or variances. Waivers or variances are not permitted. Once the final plan and plat have been approved, the board of adjustment will not have jurisdiction over variances of lot sizes, bulk or area regulations, and variances or waivers thereof will not be permitted.

5.5 Modification of plan and plat. If, after the development of the PUD has commenced, it becomes either impossible or unconscionable for the applicant to adhere to the approved plan and plat, a modified plan and plat, consistent in intent, can be submitted to the planning commission for public hearing, with notice to adjacent property owners, and the city council for final approval. The modified plan and plat may be substituted for the original plan and plat upon approval by both the planning commission and the city council to the extent it is deemed just and proper so as to relieve the difficulty or hardship in question, provided that such relief may be granted without detriment to the public interest.

(Ord. No. 3307, 3-25-03)

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