Procedure for planned unit developments
(a) Overview of process. Obtaining permission to develop a planned unit development is a four-stage process. The process has been designed to optimize the applicant's resources, professional staff and official input, and public involvement. The submission requirements for each stage are set forth in the subdivision and land development regulations. The stages are as follows:
(1) Staff conference and preapplication review.
(2) Zoning map amendment by the town council.
(3) Master plan approval by the planning commission.
(4) Site plan/subdivision plat approval by the planning commission.
(b) Staff conference and preapplication review. Prior to meeting with the planning commission for preapplication review, the applicant will meet with the planning department to review the suitability of the site for a planned unit development. Prior to the planning department meeting, the applicant will submit the required preapplication materials in accordance with article IV, section J(a), of the subdivision and land development regulations. The planning department will schedule the meeting with the planning commission within 30 days of the preapplication submittal. If, after review of the preapplication material, the planning commission finds that the proposal is consistent with the purpose of the planned unit development ordinance, a recommendation will be made to the applicant to submit a zoning map amendment application to the town council.
(c) Zoning map amendment application procedure. Procedures for application for a zoning map amendment are as follows:
(1) Application. A petition to the town council for zoning map amendment to establish a planned unit development district (PUD) shall be filed with the town clerk and administered in accordance with sections 21-8 and 21-9 pertaining to zoning and map amendments. The town clerk shall forward the application to the planning commission for an advisory opinion. The applicant, in addition to the materials submitted for the planning commission staff conference, shall provide those items listed in section 21-9 pertaining to zoning map amendments and article IV, section J(b), of the subdivision and land development regulations.
(2) Certification of materials. The planning department shall provide certification that the application and submission materials are complete.
(3) Planning commission meeting and hearing. A meeting will be scheduled with the planning commission to review the conceptual plan of the planned unit development upon receipt of all required submittal items. The planning staff and planning commission will prepare a report with recommendations to the town council during the zoning map amendment process. For the purpose of rendering an advisory opinion, a public hearing will be held by the planning commission prior to making its recommendation to the town council based on the criteria established in subsection (c)(5) of this section.
(4) Town council public hearing. Following the receipt of the planning commission recommendation, a public hearing shall be held by the town council in accordance with section 21-8.
(5) Criteria. The following shall be utilized by the town council and planning commission in evaluation of a rezoning petition to establish a planned unit development zoning district. In order to obtain the requested zone change, the applicant shall demonstrate and the town council shall find as a fact the following:
a. The proposed development will be in harmony with the stated purposes of this article.
b. The proposed site consists of at least 100 acres of suitable land for development as defined in subsection 21-214(a)(2).
(6) Zoning map designation. Following town council approval of a petition for a zoning map amendment, the property for which approval was granted by ordinance shall be labeled "PUD" on the town's official zoning map.
(7) Effect of approval. If the zoning map amendment is approved, the applicant may proceed to the master plan approval process.
(d) Master plan approval. Procedures for approval of the master plan are as follows:
(1) Application. Following zoning map amendment approval, the applicant shall submit the planned unit development application to the planning commission for master plan approval.
(2) Planning department meetings. The planning department shall meet with the applicant for the proposed development prior to discussion with the planning commission. (See article IV, section J(c), pertaining to master plan approval in the subdivision and land development regulations.) Subsequent to the completion of the planning department review and prior to any required public hearing, the applicant shall meet with the planning commission to review the proposed master plan. The purpose of the staff review will be to assess the following and to ensure compliance with the purposes of this article:
a. An inventory of the site's physiography and available infrastructure;
b. The carrying capacity of the land, especially as it relates to soils, groundwater and services;
c. The mix of residential types, commercial types, and major recreational amenities; and
d. A mitigation program to address all environmental and community impacts.
(3) Criteria. In approving a master plan for a planned unit development, the planning commission shall ensure that the plan complies with the following:
a. All of the submission requirements in the subdivision and land development regulations article 15.0, § 15.8, pertaining to master plan approval have been met.
b. There has been compliance with all of the general requirements in section 21-487.
(4) Public hearing. After the planning department and planning commission meetings described in this subsection, a public hearing will be held before the planning commission. Abutters within 500 feet of the site will be notified and the hearing advertised in a newspaper of local circulation. Advertising and all required notices shall be in accordance with RIGL 1956, § 45-23-40(D)(1), as amended. The cost of advertising and notification shall be borne by the applicant. The master plan shall be approved, approved with conditions or denied within 45 days of the close of the public hearing. The planning commission may grant an extension to the time period required for action at the request of the applicant.
(5) Permit conditions. As a condition of approval, the planning commission may require such changes in the proposed development plans and may impose such conditions and safeguards as it deems necessary to meet the purposes of this article.
(6) Subdivision/site plan approval application. Following master plan approval, the applicant may file for subdivision/site plan approval. If a planned unit development subdivision/site plan application is not filed with the planning commission pursuant to articles I through IV of the subdivision and land development regulations within one year of master plan approval, the town council shall reserve the right to rezone the property to any zoning classification that is consistent with the comprehensive plan after notice to property owners, abutters and a public hearing has been held in accordance with the provisions of RIGL 1956, § 45-24-53.
(7) Modification. Amendments to the approved master plan shall be in accordance with the following:
a. Minor modification. Amendments to the approved master plan which do not substantially change the concept of the master plan may be approved by the planning director. The developer shall request such amendments in writing, clearly setting forth the reasons for such changes. If the change is approved, the master plan shall be amended. Appeal from the decision of the planning director may be taken to the planning commission.
b. Major modification. Amendments to the approved master plan which the planning department determines to be substantial deviations from the concept of the approved planned unit development shall require application to and review by the planning commission pursuant to subsection 21-487(f).
(8) Project phasing. If the developer anticipates a phased development, a proposed phasing plan and schedule must be submitted to the planning commission for its approval at the time of master plan submission as per subdivision and development regulation submission requirements. The phasing schedule, upon consultation and approval by the planning commission, may be amended from time to time. Amendment to the phasing schedule shall not be considered an amendment to the master plan.
(e) Subdivision/site plan approval. Procedures for approval of the subdivision/site plan are as follows:
(1) Review processes. The applicant shall submit a planned unit development plan or any phase thereof for subdivision/site plan approval following master plan approval. The review procedure for subdivision/site plan approval shall be undertaken in two distinct review processes: preliminary and final. Subdivision/site plan approval shall follow the preliminary and final submission requirements as set forth in article IV, sections B, C, F and J(d) of the subdivision and land development regulations. Additionally, where nonresidential uses are proposed, submission requirements as set forth in section F of article IV must also be provided. All administrative processes, notice and hearing requirements shall be in accordance with RIGL 1956, §§ 45-23-41, 45-23-42 and 45-23-43.
(2) Submission in phases. If the plan is to be submitted in phases, the applicant shall follow the requirements set forth in subsection 21-487(p) pertaining to phasing.
(3) Modifications. Amendments to the approved site or subdivision plan shall be in accordance with the following:
a. Minor modifications. Amendments to the approved site or subdivision plan which do not substantially change the concept of the planned unit development may be approved by the planning director. Such minor changes may include but are not limited to small site alterations such as realignment of minor roads or relocation of utility lines due to engineering necessity. The developer shall request such amendment in writing, clearly setting forth the reasons for such changes. If the change is approved, the site plan or subdivision plan shall be so amended. Appeal from the decision of the planning director may be taken to the planning commission.
b. Major modifications. Amendments to the approved site/subdivision plan which the planning department determines to be a substantial deviation from the concept of the approved planned unit development shall require application to and review by the planning commission pursuant to subsection (f) of this section.
(f) Major modification procedures. Procedures for major modification are as follows:
(1) Major modification of master plan. Amendments to the approved master plan which the planning department determines to be substantial deviations from the concept of the approved planned unit development shall be considered a major modification. In order to seek a major modification, the developer shall request such modification in writing, clearly setting forth the reasons for such change. The planning department shall forward a copy of such modification requested to the planning commission along with any supporting information and the staff report to assist the planning commission in its decision-making. The planning commission shall hold a public hearing on the proposed major modification. Notification and advertising of such hearing shall be in accordance with RIGL 1956, § 45-23-40(D)(1). In its deliberation, the planning commission may require any information as set forth in article IV, section J(c) of the subdivision and land development regulations which reflects the proposed modification. If the modification is approved by the planning commission, master plan amendments shall be prepared and reviewed by town staff prior to final authorization by the planning commission. Appeal from the decision of the planning commission shall be in accordance with applicable statutes concerning appeals from any decision of a planning commission.
(2) Subdivision/site plan. Amendments to the approved subdivision/site plan which the planning department determines to be substantial deviations from the concept of the approved planned unit development shall be considered a major modification. In order to seek a major modification, the developer shall request such modification in writing, clearly setting forth the reasons for such change. The planning department shall forward a copy of such modification requested to the planning commission along with any supporting information and staff report to assist the planning commission in its decision-making. The planning commission shall hold a public hearing on the proposed major modification. Notification and advertising of such hearing shall be in accordance with RIGL 1956, § 45-23-42(B), (C), (D). In its deliberation, the planning commission may require any information as set forth in article IV, section J(d) of the subdivision and land development regulations which reflects the proposed modification. If the modification is approved by the planning commission, subdivision/site plan amendments shall be prepared and reviewed by town staff prior to final authorization by the planning commission. Appeal from the decision of the planning commission shall be in accordance with applicable statutes concerning appeals from any decision of a planning commission.
(Ord. No. 94-2, § 1, 2-14-1994)