§ 29-03-541.2. Procedure.

(a)

Stages generally. A planned unit development shall be processed in three stages: sketch plan, preliminary plan and final plat. Each stage shall be processed through the city in the order outlined in this section, except that the preliminary plan and final plat stages may be processed concurrently for cluster developments, provided all of the information requirements for the preliminary plan and final plat are satisfied at the time the request is submitted.

(b)

Sketch plan. The sketch plan shall be submitted in accordance with the following:

(1)

Procedure.

a.

Prior to submitting a preliminary plan for a planned unit development, the petitioner may meet with the community development department to become familiar with this article.

b.

The community development department shall, within fifteen (15) days, inform the petitioner that the sketch plan does or does not meet the objectives of this article. If the community development department finds that the sketch plan does not meet the objectives of this article, it should provide information in writing to the subdivider indicating in what ways the sketch plan does not meet the objectives of this article.

(2)

Submission requirements.

a.

So that the community development department may have sufficient information to determine the feasibility of a proposed planned unit development, it is strongly suggested that the following data be presented for review prior to the filing for approval of a preliminary plat.

b.

A location map shall indicate the location of the proposed planned unit development on a map that references existing community facilities, within a one-mile radius of the tract proposed for development, such as streets, shopping centers, schools and parks. The location map shall consist of an existing base map, such as a United States Geological Survey, a city or a county base map.

c.

A sketch plan, preferably drawn on a topographic map, shall show the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan shall be on a scale of not more than two hundred (200) feet to the inch and shall contain the following:

1.

North point, scale, and the date.

2.

Title of the proposed subdivision, name and address of the subdivision, engineer and land surveyor.

3.

The layout, numbers and approximate dimensions of the proposed lots.

4.

Existing streets, roads, drainage courses and principal utility lines on adjoining properties expected to service the area and the approximate location and widths of proposed streets.

5.

The location, width and purpose of existing easements within or immediately adjacent to the proposed subdivision.

6.

The approximate location, dimensions and proposed use of the planned unit development.

(c)

Preliminary plan. The preliminary plan shall be submitted in accordance with the following:

(1)

Procedure.

a.

The petitioner shall file a petition with the community development department, in conformance with section 29-01-020, and one (1) paper copy and fourteen (14) electronic copies of the preliminary plan, which comply with the submission requirements of subsection (c)(2) of this section. If necessary, the community development department may request additional paper and/or electronic copies.

b.

The preliminary plan will be furnished to the applicable city departments and local utility companies for their review, comments and recommendations for approval or disapproval.

c.

The preliminary plan of the planned unit development shall be scheduled for a public hearing before the planning and zoning commission and notice shall be provided as required by section 29-01-020. The petitioner or his representative shall be notified of the time, place and date of the public hearing. It shall be the responsibility of the petitioner or his representative to make the presentation before the planning and zoning commission.

d.

Upon completion of the public hearing, the planning and zoning commission shall either table the preliminary plan or make a recommendation to the city commission that the preliminary plan for the planned unit development be either approved, conditionally approved, or disapproved, and shall include findings of fact related to the specific proposal and shall set forth particularly in what respects the proposal would or would not be in the public interest, including but not limited to findings of fact on the following:

1.

In what respects the proposed plan is or is not consistent with the stated purpose of the planned unit development in section [purpose and intent section].

2.

The extent to which the proposed plan meets the requirements and standards of the planned unit development.

3.

The extent to which the proposed plan departs from this chapter and the subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest.

4.

The physical design of the proposed plan and the manner in which such design does or does not make adequate provisions for public services; provide adequate control over vehicular traffic; provide for and protect designated common open space; and provide for adequate light, air and fire protection.

5.

The relationship and compatibility, beneficial or adverse, of the proposed plan to adjacent properties and the surrounding neighborhood.

6.

The conformity of the proposed plan with the recommendations of the city master and/or plan.

e.

The preliminary plan of the planned unit development, if not tabled, will then be placed on the next city commission agenda. The petitioner or his representative shall be notified of the time, place and date of the public hearing. The petitioner or his representative shall again be responsible for presenting his proposal and to answer questions.

f.

After considering the preliminary plan for the planned unit development or recommendations by the city departments and the planning and zoning commission, testimony and exhibits submitted at the public hearing, the city commission shall approve, conditionally approve, or disapprove the planned unit development. The city commission may decide to defer its final decision, for further advisement, until the next city commission meeting, at which time it will be required to approve, conditionally approve, or disapprove the proposed planned unit development. The planned unit development proposal may be tabled indefinitely upon the mutual agreement of the city commission and the petitioner or his representative.

g.

Upon approval of the planned unit development by the city commission, the community development department shall amend the official zoning map for the city to reflect a change in zoning district to the planned unit development district.

(2)

Submission requirements.

a.

The plans and data as given in subsection (b) of this section that the petitioner has not filed with the community development department shall be part of the application for approval of a preliminary plan.

b.

The preliminary plan shall be drawn in conformance with the requirements of the land subdivision regulations for preliminary plans.

c.

A site plan shall be submitted with the preliminary plan which shall contain the following information:

1.

The proposed location of all structures in relation to the exterior boundary lines of the planned unit development, proposed lot lines and proposed streets.

2.

Site information which shall include the gross area of the site, percent of area devoted to streets, percent of area devoted to common open space, and percent of area devoted to each land use type proposed, and calculations of gross and net densities, including estimated total floor area for any nonresidential uses proposed to be included in the planned unit development.

3.

The following written statements shall be submitted with the site plan:

i.

A statement of the planning objectives to be achieved by the planned unit development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant, including the specific advantages the planned unit development offers as opposed to a conventional subdivision.

ii.

A development schedule indicating the approximate date when construction of the planned unit development or stages of the planned unit development can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas.

iii.

A statement of the applicant's intentions with regard to future ownership of all or portions of the planned unit development.

(d)

Final plat. The final plat shall be submitted in accordance with the following:

(1)

Procedure.

a.

After approval by the city commission of the preliminary plan of a planned unit development, application may be made for approval of a final plat.

b.

The developer or his representative shall submit the following information to the community development department a minimum of twenty (20) days prior to the city commission meeting at which it is to be considered:

1.

Proof of ownership of the property, such as a copy of a warranty deed.

2.

A statement as to how and when the developer intends to install all required public improvements.

3.

Fourteen (14) copies of the final plat which comply with submission requirements of subsection (d)(2) of this section.

c.

The final plat of the planned unit development shall be furnished to the applicable city departments and local utility companies for their review, comments and recommendations for approval or disapproval.

d.

The final plat of the planned unit development shall be placed on the city commission agenda. The developer or his representative shall be notified of the time, place and date of the city commission meeting at which the final plat will be considered. It shall be the responsibility of the developer or his representative to make a presentation, if requested by the city commission.

e.

The final plat shall be deemed in substantial compliance with the preliminary plan, provided the final plat does not violate any section of this chapter or the land subdivision regulations which have not been previously waived during consideration of the preliminary plan and has not been changed in any of the following ways:

1.

The area reserved for common open space or usable open space has not been reduced by more than three (3) percent.

2.

The floor area proposed for nonresidential use has not been increased by more than three (3) percent.

3.

The residential densities have not been increased by more than one (1) percent.

4.

The percentage of total units in multiple-family use has not been increased by more than three (3) percent.

f.

After considering the final plat for the planned unit development, the city commission shall approve, conditionally approve, or disapprove the planned unit development. The city commission may decide to defer its final decision, for further advisement, until the next city commission meeting, at which time it will be required to approve, conditionally approve, or disapprove the proposed planned unit development. The planned unit development proposal may be tabled indefinitely upon the mutual agreement of the city commission and the petitioner or his representative.

g.

After approval of the final plat by the city commission, the original Mylar plat shall be submitted to the city for filing with the county clerk.

(2)

Submission requirements.

a.

The final plat shall be at a scale of one (1) inch to one hundred (100) feet or larger and shall be eighteen (18) inches by twenty-four (24) inches, and shall comply with the following:

1.

The final plat shall be drawn in conformance with the requirements of the land subdivision regulations for final plats.

2.

The final plat shall show, where possible, exact position of proposed buildings and structures. If this is not possible, a building envelope or range of possible locations shall be shown. The relationship of proposed buildings to the building envelope shall be noted on the plat.

3.

Calculations of gross and net density shall appear on the plat, together with detailed information regarding the total area of the tract and the amount of land reserved as open space.

4.

The developer or his representative shall submit a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas and communally owned facilities and private streets.

5.

Construction plans shall be submitted with the final plat for all proposed public improvements. All public improvements shall be designed by a qualified engineer registered in accordance with the state laws. The plans shall be reviewed and approved by the city engineer. The standards contained in the subdivision regulations shall be used as a guideline.

6.

A detailed drainage plan shall be submitted with the final plat which includes the calculations used to determine the sizing of storm water system improvements. The plan shall be reviewed and approved by the city engineer.

(Ord. No. 1368, 1-12-10)