§ 3.03.00. Planned unit development.

3.03.01

Intent and purpose of PUD district. The intent and purpose of the planned unit development district (PUD district) is as follows:

(1)

To implement the Town Center District approved in the comprehensive plan and to guide development located outside the Town Center District.

(2)

To provide maximum opportunity for application of innovative concepts of site planning in the creation of aesthetically pleasing living, shopping and working environments on properties of adequate size, shape and location, both within and outside the Town Center District.

(3)

To ensure that development will occur according to limitations of use, design, density, coverage and phasing stipulated on an approved development plan.

(4)

To preserve the natural amenities and environmental assets of the town by encouraging the preservation and improvement of scenic and functional open areas.

(5)

To allow diversification of uses, structures and open spaces in a manner compatible with existing and permitted land uses on abutting properties.

(6)

The PUD district is a flexible zoning district, which is intended to provide an appropriate balance between the intensity of development and the ability to provide adequate capacity within the support services and facilities available.

(7)

To provide compatible commercial, residential and other mixed uses in accordance with an approved development plan outside the Town Center District.

(8)

The PUD districts shall include detailed design guidelines which will be used to guide developers and evaluate PUD submissions.

(9)

The PUD districts located outside the designated Town Center District shall be created in compliance with the general site development standards, as set forth in section 3.04.00, and any other design guidelines to be adopted and implemented at a later date.

3.03.02

Land uses permitted. The following uses shall be permitted in the PUD planned development district if designated on an approved development plan:

(1)

Town Center District. Complementary and compatible commercial, office, public and quasi-public land uses may be included consistent with the adopted land uses in the town comprehensive plan, future land use element, policy 4.2.6.

(2)

Planned residential communities (outside of the Town Center District). Complementary and compatible commercial and recreational uses may be included if they are compatibly and harmoniously designed into the total residential community within a planned development district.

(3)

Mixed use centers (outside of the Town Center District). Complementary and compatible residential, commercial and office uses may be included if they are compatibly and harmoniously designed into the total commercial center within a planned development district.

a.

Other uses which are similar or compatible or identified within section 2.02.02 of this Land Development Code, which would promote the intent and purpose of the PUD district. Determination shall be made by the town council.

b.

A PUD zoning application may be filed and considered for approval simultaneously with a request for voluntary annexation, as long as the applicable terms and conditions of the PUD district are met, and the design guidelines necessary to implement the PUD zoning application are adopted and in place.

3.03.03

Approval process.

(1)

Introduction. The approval process involves three steps for PUD zoning approval. The concept plan provides a generalized plan of development. This plan is nonbinding on the developer. The preliminary development plan is a more detailed plan which conveys the PUD zoning to the parcel. The final development plan is a detailed site plan and it represents the last step in the PUD approval process prior to the approval of construction plans. Due to the small staff employed by the town, the town reserves the right to employ outside experts to evaluate all PUD applications and provide analysis and recommendations to the town. The applicant will be responsible for paying a review deposit as required by article XIII of this Land Development Code, and otherwise reimbursing to the town the consultant and legal fees and other out-of-pocket costs the town incurs as a direct result of processing the PUD application.

(2)

Preapplication conference and concept plan submission.

a.

The applicant shall submit an application and seven copies of the concept plan to the town manager at least 15 working days prior to a preapplication conference, which shall be scheduled by the applicant with the town manager or designees.

b.

The purpose of this meeting will be to acquaint the development review board (DRB) members with the proposed project and to provide the prospective applicant with preliminary review comments to identify major concerns or the need for additional support data. The concept plan shall be prepared in accordance with subsection 3.03.04 of this section.

c.

A copy of the concept plan shall be delivered to each member of the DRB. The members shall review the concept plan and submit comments, if any, in writing to the town manager within ten working days of receipt of the plan. At the option of the town manager, the DRB members may participate in the preapplication conference with the applicant.

d.

The DRB, town staff and town consultants shall consider:

1.

Characteristics of the site and surrounding area, including important natural and manmade features, and existing mature trees, the size and accessibility of the site, and surrounding land uses.

2.

Whether the concurrency requirements of article IV (consistency and concurrency requirements) of this Land Development Code could be met if the development were built.

3.

The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas; the preservation of natural features; proposed parking areas; internal traffic circulation system, including trails; the approximate total ground coverage of paved areas and structures; types of water and sewage treatment systems; and a stormwater management plan for the proposed development.

4.

Conformity of the proposed development with the comprehensive plan, the Code of Ordinances and other applicable regulations.

5.

The need for additional information from the applicant regarding the site for development or the proposed development plan and program.

Within five working days after the preapplication conference, the town manager, or designee shall send a letter to the applicant/consultants summarizing the major points of the meeting. In addition, the town will identify in the letter additional information needed from the applicant with the formal rezoning application materials to be submitted to the town. The concept plan shall not be binding on the applicant.

(3)

Preliminary development plan (PDP). The applicant shall submit to the town manager, after payment of an application fee to the town, 14 copies of the preliminary development plan with supporting data. The town manager shall schedule the project for the next regular meeting of the development review board (DRB) for a review hearing, which hearing shall be held no later than 30 days after a determination of sufficiency of the PDP application, plan and supporting documentation.

a.

Prior to scheduling the PDP before the DRB, and within 15 days of receiving the application, the town will review all the materials to determine sufficiency. The town may request additional information or clarification from the applicant. All requests will be submitted in writing to the applicant.

b.

The DRB shall review the proposed preliminary development plan prior to a recommendation, the DRB may request additional information or clarification from the applicant. All requests will be submitted in writing to the applicant. Upon satisfactory review of the requested material, the DRB will issue a written recommendation to the town council within 14 days. A copy of the DRB recommendation shall be sent to the Applicant at least five days prior to the town council public hearing.

c.

Upon receipt of the DRB's written recommendation, the town council shall hold a public hearing to review the application and recommendation (which may include conditions of approval) for its official action. Public notice to consider the preliminary development plan shall include a generalized list of the proposed land uses and shall indicate that the town council will hold a public hearing to consider the project. The initial public hearing (first reading) shall be held at least 30 days after the DRB final review hearing on the preliminary development plan. A second public hearing (second reading) will occur at least 30 days after the initial public hearing.

d.

Approval of the preliminary development plan by the town council conveys PUD zoning to the property.

e.

The applicant may request an extension of the time frame at any point in the PDP process.

(4)

Final development plan (FDP). The applicant shall submit to the town manager, after payment of application fees to the town, 14 copies of the final development plan with supporting data. Prior to scheduling the FDP before the DRB, and within 15 days of receiving the application, the town will review all the materials to determine sufficiency. The town may request additional information or clarification from the applicant. All requests will be submitted in writing to the applicant. The town manager shall schedule the project for the next regular meeting of the development review board (DRB) which meeting shall be held no later than 30 days after a determination of sufficiency of the FDP application, plan and supporting documentation.

a.

The final development plan may cover all or a portion of the approved preliminary development plan approved for the site. The town manager shall review the plans to determine if all appropriate data and information has been properly provided.

b.

The final development plan shall be reviewed by the DRB in order to determine that:

1.

Consistency with the preliminary development plan and all applicable ordinances, regulations and policies is considered;

2.

If the project is phased, the phase of development proposed for approval in the final development plan can exist as a stable independent unit; and

3.

Existing or proposed utility services and roadway capacity are adequate for the uses proposed.

c.

The DRB shall either recommend approval or denial of the final development plan (which may include technical conditions consistent with applicable town ordinances, regulations and policies) based upon specific findings, which shall be stated. The decision of the DRB may be appealed to the town council. The applicant may appeal the DRB decision by filing a notice of appeal within 15 days of the rendition of the DRB decision.

d.

If the applicant or developer proposes to create a subdivision, a preliminary subdivision plan should be processed concurrently with the final development plan and shall be subject to approval by the town council.

e.

The applicant may request an extension of the time frame at any point in the FDP process.

Upon receipt of the DRB's written recommendation, the town council shall review the recommendations for its official action at the next scheduled meeting of the town council.

3.03.04

Concept plan requirements.

(1)

The concept plan shall consist of a generalized sketch showing the proportion and locations of land uses, and the following items, where applicable:

a.

Contact information on the owner, developer or consultants involved in the project.

b.

Plan legend, including north arrow, scale and date.

c.

Preliminary survey information showing the site topography, existing tree dimensions and locations, and current utilities serving the site.

d.

Boundary of the subject property, identified by a heavy line.

e.

Major natural features, such as water bodies and conservation areas.

f.

Existing or proposed streets abutting the project and other major streets and intersections within 100 feet of access points to the subject property.

g.

Generalized location map and legal description, including acreage.

h.

Proposed land use types, buildings and their locations on the site.

i.

Gross residential density, if applicable.

j.

Approximate floor area for nonresidential use.

k.

Approximate minimum lot size.

l.

Approximate number of units.

m.

Adjacent zoning.

n.

Anticipated internal major road network, if applicable.

o.

Anticipated maximum building height.

p.

Anticipated phasing plan.

q.

Preliminary parking layout and parking space count.

r.

Proposed method of providing:

1.

Water service (including fire protection).

2.

Sewage disposal.

3.

Stormwater management.

4.

Parks/recreation facilities.

e.

Schools, if applicable.

(2)

The plan shall include all information known by the applicant at the time of submission. Review of the plan shall be based on the data submitted.

3.03.05

Preliminary development plan requirements. The preliminary development plan shall include properly identified exhibits and support materials. All plans shall be drawn to a scale acceptable to the town manager. The plan shall clearly indicate the following:

(1)

The project name, legal description, total acreage and location map.

(2)

Contact information for the owners, developers and the consultants involved in the preliminary development plan.

(3)

Plan legend including north arrow, scale and date.

(4)

Preliminary survey information showing the existing tree dimensions and locations on the site. For six inches or greater caliper trees, a tree impact plan must be provided.

(5)

A traffic study may be requested by the town manager.

(6)

Existing topography at one-foot contours and other natural features including lakes, water bodies, conservation area, soils and flood hazard areas.

(7)

Existing and proposed land uses, with each phase of the total development identified, if applicable. Town center: types of uses, gross floor area, floor area ratio, building height, setbacks, open space, parking spaces, service access and landscape buffers.

(8)

Identify the phasing of development and the manner in which each phase of development will exist as an independent development unit.

(9)

The location of local streets proposed in the development, right-of-way widths, street setbacks, planned rights-of-way, the location of access points to abutting streets and projected traffic generation based on established International Traffic Engineer (ITE) standards. A traffic study may be required at the discretion of the town manager.

(10)

Buffer treatment to adjacent uses.

(11)

All building elevations and architectural character. Sketches at appropriate scale to provide sufficient detail for review.

(12)

Proposed method of providing the following services:

a.

Water service (including fire flows), plus gallons per day requirement.

b.

Sewage disposal, plus gallons per day generated, unless septic systems are used.

c.

Stormwater management concept.

d.

Parks/recreation facilities.

(13)

Waivers from this Land Development Code or the site development standards of the PUD district shall be indicated on the preliminary development plan and/or submitted in writing.

3.03.06

Final development plan. The final development plan for the entire project or any phase, including properly identified exhibits and support materials, shall include the following:

(1)

Project name (indicate if different than approved preliminary development plan).

(2)

Contact information for the owners, developers and the consultants involved in the final development plan.

(3)

Legal description and the gross acreage of the proposed development, including identifying land and water bodies.

(4)

A location map identifying the relationship of the final development plan to the approved preliminary development plan.

(5)

Preliminary subdivision plan if the applicant proposes to subdivide the project.

(6)

Waivers from this Land Development Code or site development standards of the PUD district shall be indicated on the final development plan or submitted in writing.

(7)

The final development plan, drawn at an appropriate scale with all dimensions provided, shall follow the Town Center Design Guidelines and shall identify:

a.

Certified topography drawn at one-foot contours using county datum and showing natural features.

b.

Existing street intersections or rights-of-way within 200 feet of access points.

c.

Surface improvements of all streets and parking serving the project.

d.

Proposed uses.

e.

Number of dwelling units, density, minimum square footage of living area and minimum net lot area.

f.

Total square footage of all nonresidential uses and floor area ratio.

g.

Maximum building height (stories and feet).

h.

Maximum building coverage.

i.

Acreage, types and percent of open space and recreation area.

j.

Pedestrian/bike path facilities.

k.

Stormwater management plan, including direction of surface drainage flow.

l.

On-site soils based upon the U.S. Soil Conservation Service classification system (if muck soils exist, their depth and extent must be identified).

m.

On-site vegetation and location of all mature trees over six-inch-caliper.

n.

Method of providing support utilities, including water, sewer, septic tank, fire flows and refuse storage areas.

o.

Existing or proposed easements.

p.

Parking spaces and location, in accordance with division 6.03.00 and sections 3.04.00, general site development standards and 3.05.00, Town Center Design Guidelines of the PUD district, as applicable. For areas located outside the Town Center District, division 6.03.00 along with sections 3.04.00, 3.06.00, commercial site development standards and 3.07.00, residential site development standards, of the PUD district are applicable.

q.

Exterior lighting, including photometric studies.

(8)

Recreation area plan, if residential land uses are proposed.

(9)

Landscape, tree planting and screening concept plan. A final plan will be prepared consistent with subsection 3.04.03. If the proposed land use is located within the Town Center District, the plan must demonstrate compliance with the adopted Town Center Design Guidelines identified in section 3.05.00.

(10)

Design elevations of all proposed buildings at scale of one-eighth-inch.

(11)

Sign plan, including scaled plans of proposed signs.

(12)

Preliminary engineering plans for the provisions of road, utilities and stormwater management for the proposed phase and its relationship to the master stormwater concept.

(13)

Proposed covenants, conditions, restrictions, agreements and grants which govern the use, maintenance and continued protection of building structures, drainage systems and landscaping within the planned development.

(14)

Areas to be conveyed or dedicated and improved for roadways, parks, playgrounds, school sites, utilities, public buildings and other similar public and public service uses. Improvement bonds for facilities to be owned and maintained by the town and not completed shall be posted before the issuance of building permits.

3.03.07

Alterations to the preliminary development and final development plans.

(1)

Alterations to the approved preliminary development or final development plans shall be classified as either minor or major amendments. The following criteria shall be used to identify a major amendment:

a.

A change which would include a land use not previously permitted under the approved PUD zoning.

b.

A change which would alter the land use type adjacent to a property boundary.

c.

A change which would require an amendment to the town council's conditions of approval.

d.

A change which would increase the land use intensity within any development phase without a corresponding decrease in some other portion of the overall PUD.

e.

An amendment to the phasing which would propose a land use in advance of the development it was designed to support.

(2)

The determination of a minor or major alteration shall be made by the town manager.

(3)

Where the applicant proposes to reduce the number of units or floor area in one phase of the project, a corresponding increase in the number of units of floor area in another phase may be considered, if other conditions of approval are not adversely affected, nor any other change is proposed which would be considered a major change as described in this subsection 3.03.07.

(4)

The applicant must submit plans and support data (utilizing the requirements outline in this section) for review by the DRB. A public hearing before the town council will be required if the alterations to the preliminary development plan are determined to be major.

(5)

Minor alterations must be submitted for review, including plans and support data, as applicable. These alterations must be reviewed and approved by the DRB.

(6)

When partial amendments are requested to the final development plan, the overall project shall be evaluated in conjunction with the proposed amendment, to determine compatibility with the remaining portion of the PUD. Amendments which the DRB considers to be incompatible or conflict with the preliminary development plan or conditions of approval will require the final development plan to be updated and will be subject to town council approval.

3.03.08

Control of development following approval.

(1)

Upon the approval of the final development plan or any phase thereof, the use of land and the construction or modification of any buildings or structures within the PUD shall be in accordance with the approved final development plan, rather than with the other provisions of this article.

(2)

The town manager shall be responsible for certifying that all aspects of the PUD, including conditions of approval (applicable to the subject portion of the project) have been satisfactorily completed prior to the issuance of a certificate of occupancy for the project or phase.

(3)

After certification, no changes may be made in the approved final development plan except under the procedures provided as follows:

a.

Any structural extension, alteration or modification of existing building structures which are consistent with the approved development plan must be authorized by the town manager.

b.

A building or structure that is partially destroyed may be reconstructed only in compliance with the final development plan, unless an amendment to the final development plan is approved under the provisions of this section 3.03.00.

3.03.09

Other requirements.

(1)

Off-site improvements may be required in conjunction with the development plan approval in order to offset the impacts created by the proposed development. All projects shall be required to provide an adequate level of facilities and services to accommodate the project as proposed in the development plan.

(2)

At the time of development the PUD, or any phase proposed for development, shall comply with all regulations and ordinances.

(3)

Those projects which the town council considers to be inconsistent with the provisions of the PUD zoning may be required to update the preliminary development plan and be subject to a public hearing and town council approval.

(Ord. No. 2004-09, § 1(3.03.00), 9-14-2004)