Planned Unit Development (DP)
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Planned Unit Development (DP)

Statement of Purpose 

The Planned Unit Development District (D-P) is established for the following purposes:

a. To encourage a more creative approach in land and building site planning.

b. To encourage an efficient, aesthetic and desirable use of open space.

c. To encourage variety in physical development pattern.

d. To achieve flexibility and incentives for residential development which will produce a wider range of choice in satisfying the changing needs of the County.

e. To encourage renewal of older areas in the metropolitan region where new development and restoration are needed to revitalize the area.

f. To permit special consideration of property with outstanding features, including, but not limited to, historical significance, unusual topography, landscape amenities, and size and shape.

g. To provide for a comprehensive review and processing of development proposals for developers and the Metropolitan Development Commission by providing for concurrent review of land use, subdivision, public improvements and siting considerations.

Development plans should incorporate and promote environmental and aesthetic considerations, working within the constraints and advantages presented by existing site conditions, including vegetation, topography, drainage and wildlife.

Densities and development of a D-P are regulated and reviewed by the Metropolitan Development Commission. Creative site planning, variety in physical development, and imaginative uses of open space are objectives to be achieved in a D-P District. The D-P District is envisioned as a predominantly residential district, but it may include supportive commercial and/or industrial development.

DP Terms and Conditions

Filing Procedures

a. The authorization of a Planned Unit development shall be subject to the procedures expressed herein.

b. A petition for a Planned Unit Development may be initiated by the owners of property of 50 percent or more of the area involved in the petition, or may be initiated by the Metropolitan Development Commission.

c. The petition, which shall include a preliminary plan for any area proposed for development as a Planned Unit Development shall be filed with the Division of Development Services of the Department of Metropolitan Development. The preliminary plan shall include:

(1) Proposed layout of streets, open space, and other basic elements of the plan.

(2) Identification of location and types of uses within the area, including proposed densities of said uses.

(3) Proposals for handling traffic, parking, sewage disposal, drainage, tree preservation and removal and other pertinent development features.

(4) The plan shall show the boundary lines of adjacent land and the existing zoning of the area proposed to be developed as well as the land adjacent thereto. Any land within the area to be zoned that is now owned by the petitioners shall be so identified.

(5) A general statement of any covenants or commitments to be made a part of the Planned Unit Development as well as the order and estimated time of development.

(6) A statement of the order of development of the major elements of the project, including whether the development will be in phases, and, if so, the order and content of each phase.

(7) Proposed perimeter treatment including details of building locations, parking and landscaping. The proposed perimeter treatment shall including all areas within the project within 100 feet of the boundary of the project unless a larger area is requested by the Administrator.

d. The preliminary plan shall be presented in triplicate and to a scale not to exceed 1" = 100'. The preliminary plan may be a freehand drawing and may include any graphics which will explain the features of the development.

e. Within twenty-five (25) days after filing, the Administrator, or designated representative, shall consult with the petitioner regarding the petition. After such consultation, the petitioner may make modifications to the petition.

f. After consultation with the Administrator and after making any modifications to the proposed preliminary plans, the Petitioner shall file in triplicate a "Final Proposed Preliminary Plan" which shall:

(1) Include all documents included in the preliminary plan.

(2) Include an index identifying all documents included in the preliminary plan.

(3) Include a cover sheet indicating that it is the Final Proposed Preliminary Plan and indicating the date and case number.

(4) Be bound or stapled together and all documents therein reduced to a size no larger than 8 1/2 by 14 inches.

Preliminary Plan Hearing

a. The petition, if and so modified, shall then be heard by the Metropolitan Development Commission as a petition for zoning ordinance amendments and subject to the procedures applicable thereto. The Commission may approve, amend, or disapprove the plan and may impose any reasonable condition upon its approval. If approved, the preliminary plan shall be stamped, "Approved Preliminary Planned Unit Development" and be signed by the President or Vice-President of the Commission and one copy shall be permanently retained in the offices of the Division of Development Services.

b. The approved Preliminary Planned Unit Development shall then be certified to the City-County Council for adoption as a D-P District pursuant to the laws governing adoption of zoning ordinances. Upon adoption by the City-County Council, the planned development shall be returned to the Department of Metropolitan Development, Division of Development Services, which shall thereafter exercise continuing jurisdiction. In the exercise of continuing jurisdiction, the Commission may from time to time approve modifications of the approved Preliminary Planned Unit Development in a manner consistent with the approved development concept.

Detailed Plan Approval

a. Before any development takes place, the Administrator shall approve a detailed plan specifying the location, composition, and general engineering features of all lots, drainage, sewage, water supply facilities, recreational facilities, site perimeter treatment and other pertinent site development features including general locations and architectural features of proposed buildings. Such approval shall be conditioned upon a finding by the Administrator that the detailed plan is consistent with the Approved Preliminary Planned Unit Development.

b. The approved detailed plan shall be stamped "Approved Detailed Planned Unit Development" and be signed by the Administrator and one copy shall be permanently retained in the offices of the Division of Development Services.

c. If all or a part of the Planned Unit Development required platting, only a preliminary plat shall be required within the said two (2) year period and final platting may be undertaken in section or phases at a later time. In cases of platting, plat approval shall be conditioned, in part, upon a finding that the plat is consistent with the approved Preliminary Planned Unit Development.

d. In the exercise of continuing jurisdiction, the Administrator may from time to time approve modifications of the approved Detailed Planned Unit Development in a manner consistent with the Approved Preliminary Planned Unit Development.

e. A refusal by the Administrator to approve a detailed plan shall not be construed as a denial, and any such refusal shall not operate as a limitation on the right of the petitioner to seek approval at a later date nor shall it impair the right of the petitioner to obtain an extension of time for approval. Petitioner may, however, appeal to the Commission from the Administrator's refusal to approve a detailed plan.

f. In the event that the approval of a detailed plan is not timely obtained, the Commission may initiate an amendment of the zoning ordinance relating to said land.

g. The Approved Preliminary Plan may provide for development of the property involved in phases. If such phasing is permitted, the petitioner may submit partial detailed plans which correspond to the phases involved. Such partial detailed plans, where approved, shall be treated in the same manner as approved detailed plans for an entire Planned Unit Development.

h. Approval shall expire after a period of five (5) years from the approval of a detailed plan unless the development is fifty percent (50%) completed in terms of public improvements, including streets, parks, walkways, utility installations and sanitary sewers.