The purpose of this district is to promote and encourage development or redevelopment of tracts of land on a planned, unified basis by allowing greater flexibility and diversification than is normally permitted by conventional single lot development in other zoning districts because of the substantial public advantages of planned development. Although Planned Unit Developments (PUDs) may appear to deviate in certain respects from a literal interpretation of the comprehensive plan, regulations adapted to such unified planning and development are intended both to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are designed to control unscheduled development on individual lots, and to promote economical and efficient land use through an improved level of amenities, appropriate and harmonious variety, creative design, and a better living environment.
1. Where Permitted. Planned Unit Developments shall be permitted on any two-acre or larger tract of land that has been zoned or rezoned for PUD purposes by the Council. Said PUDs may consist of residential, commercial, industrial, public, semi-public and/or conservancy land uses.
2. Procedure.
A. Pre-application Conference. In order to eliminate unnecessary expenditures of time and money, the developer shall first schedule a pre-application conference with the Department Director, who shall involve representatives of other departments as deemed appropriate. The Department Director may require submittal of a generalized sketch plan providing such information as follows:
(1) Location and size of the overall site, and of the individual types of development or uses proposed within the site.
(2) Existing topography, indicating major earthwork areas, storm water runoff and detention considerations, flood plains, and any problem areas.
(3) Existing tree masses, geological and environmentally important characteristics.
(4) Generalized vehicular and pedestrian systems and parking areas.
(5) Generalized building locations.
(6) Approximate gross density, and number and types of dwelling units in accordance with the comprehensive plan; approximate gross floor areas of commercial and industrial land use.
(7) Generalized utility line considerations with sanitary sewer capacity limitations so noted.
(8) Generalized public and private ownership boundaries, including common ownership areas, if any.
The Department Director shall have fifteen days in which to review and comment on the pre-application sketch plan. Following the department’s review, the developer may request an informal consideration of the proposal by the Plan and Zoning Commission. Said consideration shall be non-binding on either party.
B. Application for Rezoning. Following the pre-application conference the applicant shall submit a petition for rezoning in accordance with standard City procedures for rezoning, accompanied by a master plan and related documents containing the information required by other paragraphs of this section, and required fees. The petition and master plan shall be referred to the Plan and Zoning Commission for study and report, and for public hearing as required by this Zoning Ordinance for rezoning. The Commission shall review the master plan for conformity to the standards of this section, and may approve the plan as submitted; require the petitioner to modify, alter, adjust, or amend the plan as deemed necessary to preserve the intent and purpose of this section to promote public health, safety, morals and general welfare; or recommend that it be denied. The action of the Commission shall be reported to the City Council, whereupon the Council may approve or disapprove the petition and master plan as reported or may require such changes thereto as deemed necessary to effectuate the intent and purpose of this section. All public hearings shall be scheduled as soon as possible after all required information has been submitted. The Commission shall report their findings to the Council in a timely manner. In the event they fail to take action within sixty days after the date of public hearing, the petitioner or anyone located within the notification area as defined for rezonings may request in writing that the Commission complete their considerations. The Commission shall then take action within the next thirty days and report their findings to the Council for consideration by the Council, unless the Council expressly grants the Commission additional time to complete negotiations, studies, or other items necessary.
C. Final Plans. Final plans for the Planned Unit Development shall be comprised of site plans and/or preliminary and final subdivision plats as appropriate to the situation due to requirements of the site planning and subdivision ordinances or specific provisions of the master plan. Such site plans and plats shall contain all information and be processed in the manner set forth in said ordinances, in addition to complying with any specific provisions of the master plan, and shall generally comply with the development concepts outlined in the master plan. No public notice or hearing shall be required for final plans unless required by the master plan or caused to be required by the Commission or Council as deemed appropriate, provided that deviation from the master plan may be permitted as refinements to the design and planning if not defined by this Zoning Ordinance as a substantial modification requiring amendment to the master plan. Such deviations shall be expressly set out and shall be approved by the Commission and Council. Final plans may cover all or part of the Planned Unit Development, provided that a final plan covering only a part of a PUD is hereby defined as a phase irrespective of contrary provisions by the master plan and shall demonstrate the ability to be self-sustaining in terms of access, services, utilities, open space, economic viability, and other major considerations. If it is the desire of the petitioner, preliminary plat and/or final site plan approval may be obtained at the time of master plan approval by expressly declaring such intent and filing all information required by the subdivision and site planning ordinances. Final site plan approval shall not be granted for an unplatted parcel. Upon approval of final plans, building permits shall be issued in the same manner as for building permits generally. In any event where platting is required, no building permits shall be issued until the final plat is approved and recorded and all other requirements complied with. Final plans shall be binding on the petitioner and any and all successors in title so long as PUD zoning applies to the land, unless amended in accordance with the procedures set forth.
D. Amendments or Modifications. Substantial modification to the master plan shall be processed in the same manner as a rezoning and additionally shall comply with the provisions of paragraph B above. Notice and public hearing requirements and the effect of a denial shall be the same as for a rezoning, provided that the notification area shall be those property owners legally required to be notified as opposed to the entire PUD. Further provided, in the event a requested amendment for a portion of the entire PUD is denied, such action shall not create any limitations under rezoning procedure on the filing of an amendment to another portion of the PUD having a substantially different notification area. Any ambiguities or disputes between this section and procedures for rezoning shall be resolved in favor of the more restrictive requirements. Substantial modifications are hereby defined to include, but are not limited to, the following: increased density; intensification of use by changing to a lower classification, with conventional single family being the highest classification and progressing to attached single family, multiple family, commercial offices, retail, warehousing, and light industry, to heavy industry; addition of uses, or elimination of conditions or restrictions on a use or uses; increased floor area ratios, or other modifications considered probable to generate increased traffic, sewage, water consumption, or other detrimental conditions; significant modifications to peripheral buffering or screening, setbacks, height, locations of buildings, drives, or other improvements, which were intended for protection of proximate properties, provided that substitution of equivalent screening materials shall not be considered a substantial modification; modifications to the street pattern, such as that of major streets or continuations of existing streets, which will have a demonstrable impact on traffic flow such as to effectively change the functional classification of the street; modifications to access which may lead to increased congestion, or to additional commercial or industrial traffic on a local residential street; or other changes deemed substantial by the Department Director. Modifications to final plans shall follow the procedures of the site planning or subdivision ordinances, as appropriate, except in the case of a substantial modification as defined above.
3. Information Required on Master Plan. The following information, plans and maps shall be submitted as part of the application for a Planned Unit Development:
A. Names, addresses, and telephone numbers of owners, developer, and designer; name of development, date, north point, and scale.
B. Legal description of the PUD, and map of the boundary of the proposed PUD as well as interior boundaries of proposed development phases, and of any existing separate ownerships.
C. Sufficient information on adjacent properties to indicate relationships to the proposed development, including such information as land divisions, land use, pedestrian and vehicular circulation, significant natural features or physical improvements, and drainage pattern.
D. Existing site conditions including contours at intervals sufficient to indicate topographic conditions (generally two feet), drainageways and one hundred year flood plains, floodways, heavy woods or other significant natural areas, and existing structures; multiple family, commercial, and industrial structures, and recreation facilities; further delineating areas with different uses or building types, and gross density per acre.
E. General location and size of areas to be dedicated or reserved for common open space, park, schools, recreation area, and similar uses, and how any private facilities are proposed to be maintained.
F. Existing and proposed general circulation systems, including streets, pedestrian ways, and major points of access with estimated traffic generation.
G. Existing and proposed general sanitary and storm sewer systems, water mains, and drainage ways.
H. Proposed development standards, including but not limited to, uses, density, floor area ratios, or bulk regulations including open space, lot areas and widths, setbacks, and exceptions or variances from general requirements of zoning and other ordinances.
I. Estimated sewer and water usage computations in accordance with the criteria of the regulating agency.
J. Treatment of transitional zones around the perimeter of the project for protection of adjoining properties, including setbacks and landscaping areas, fences or other screening, height limitations or other provisions.
K. A narrative or graphic explanation of the planning and design concepts and objectives the owner intends to follow in implementing the proposed development, including a description of the character of the proposed development; the rationale behind the assumptions and choices made; the compatibility with the surrounding area; and design considerations for architecture, engineering, landscaping, open space and so forth.
L. A statement of intent with regard to selling or leasing all or portions of the proposed development.
M. Proposed energy conservation methods, such as siting or design or structures.
N. Proposed phasing timetable.
The above information should be shown in a clear and logical manner at a legible scale. Sheet size should not exceed 24" x 36" for paper copies and Mylar reproducible sheets. Where practical, the final document is required to be one compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the PUD. Generally, existing conditions should be illustrated on a separate sheet for sake of clarity, although existing topography, access, utility and sewer lines and other items that are appropriate for understanding the proposal should also appear on the proposed development plan. It is strongly recommended that an architect, landscape architect, and civil engineer be employed to prepare the plans. The Commission or Council may require any additional information which may be needed to evaluate the proposed PUD on the basis of special or unforeseen circumstances, or may waive any of the above requirements if it is found that such information is unnecessary to properly evaluate the proposed PUD
4. Development Controls. Although PUDs are intended to promote and permit flexibility of design and thereby may involve modifications of conventional regulations or standards, certain requirements which are set forth below shall be applied to ensure that the development is compatible with the intent of this Zoning Ordinance.
A. Any use that is approved and made a part of the master plan, subject to any conditions attached thereto, shall be permitted.
B. Height, setback, bulk, and other requirements set out in the master plan shall constitute the basis for and become the zoning requirement for that particular PUD, provided that refinements may be made through final plan approval if not defined as a substantial modification; in lack of any special provisions set out in the master plan, the requirements of the most proximate zoning district, as defined by use, shall be applied.
C. Project phases shall be substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open space, screening and transitional elements and other support features, and be capable of supporting required operation and maintenance activities; temporary provisions, such as turnarounds or access easements, may be required for this purpose; the initial phases generally should not be comprised of the most intensive portions of the PUD, unless the City concurs this is the most feasible means of developing the property in terms of access, sewer service, or similar physical constraints, or will permit earlier development of common amenities.
D. Attention shall be given to mitigation of existing or potential land use conflicts through proper orientation, open space setbacks, landscaping and screening, grading, traffic circulation and architectural compatibility. It is the intent of this section to recognize that appropriate use of design techniques will provide the required mitigation, and thereby eliminate the need for certain conventional regulations or standards. Examples of design techniques, not requirements, are: orienting views, access, and principal activities away from the land use needing protection by placing those least compatible activities farthest from the common boundary and those compatible nearest to create an effective buffer; using setbacks in conjunction with landscaping can mitigate conflicts by providing a visual buffer, controlling pedestrian access, softening visual contrast by subduing differences in architecture and bulk, and reducing heat generated by development, and the use of dense landscaping can reduce the width of physical separations needed for such purposes; the use of proper grading will control drainage, can alter views, subdue sound, and channel access; fences, walls and berms can be used to channel access and control visual, sound and light pollution; proper architectural use of color, bulk, materials and shape will enhance compatibility and reduce contrast, although details added to the building for esthetic purpose without consideration to form and surroundings may be detrimental rather than helpful; and proper design of pedestrian ways, streets and points of access and proper location of parking areas, will reduce congestion and safety hazards and help prevent introduction of noise, pollutants and other conflicts into areas with less intensive land use. Other techniques may also be used.
E. Permanent care and maintenance of common elements such as open space, recreation amenities, and others shall be provided in a legally binding form. If the common elements are to be maintained by a home owners’ association, the applicant shall file the proposed documents governing the association for review by legal counsel for compliance with the following requirements at the time the final plat or site plan is filed:
(1) Membership shall be mandatory for each buyer and any successive buyer.
(2) The open space restrictions shall be in perpetuity, or automatically renewable, and shall not terminate except by approval of both the owners’ association and the City;
(3) The owners’ association shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities not dedicated to the City;
(4) Owners shall pay their pro rata share of the cost or the assessment levied by the association shall become a lien on the property;
(5) The association shall be able to adjust the assessment to meet changes needed;
(6) No change in open space use or dissolution of the owners’ association shall occur without approval by the City.
F. Performance bonds or other security acceptable to the City may be required to ensure completion of recreational amenities provided in lieu of public facilities, or for mitigating elements such as screening or public improvements.
G. Except where the City agrees to other arrangements, a PUD shall be comprised of a single owner, or a group of owners acting as a partnership or corporation with each agreeing in advance to be bound by the conditions which will be effective in the PUD.
5. Validity. In the event the first development phase has not commenced within two years after the date of rezoning, or if subsequent phases are delayed more than two years beyond the indicated development schedule, the developer shall file appropriate information detailing the reasons for the delay with the City. The Department Director shall review the circumstances and prepare a report recommending appropriate action to be taken concerning the PUD. The Plan and Zoning Commission and Council shall review the matter, and may continue the PUD zoning with revised time limits; require that appropriate amendments be made or action taken, such amendments to comply with the procedures of this section if deemed substantial; continue with PUD zoning for part of the area, with or without revised time limits, and initiate rezoning of the remainder to an appropriate district; or initiate rezoning of the entire parcel to an appropriate district, provided that the rezoning shall not be to a zone more restrictive than the one applied immediately prior to the rezoning to PUD except after comprehensive planning analysis. The Commission and Council may schedule such public hearings as deemed appropriate. Approval of a final site plan or preliminary plat shall be deemed to commence development, provided that the permanent placement of construction materials shall have started and be proceeding without delay within two years after the date of site plan approval, and a final plat approved and filed with the Polk County Clerk and Recorder within one year after the date of preliminary plat approval in the event a site plan is not required. Failure to comply with this provision shall void the site plan and preliminary plat approvals, and make the PUD subject to review as provided above. It shall be the responsibility of the developer to comply with all prescribed time limits without notice from the City.
6. Application to Existing PUD Districts. Existing PUD districts shall comply with the requirements and provisions of this section, provided that no additional filings shall be required to maintain current valid status, and no currently expired approvals shall be deemed to have been reapproved by passage of this section. Validity of existing PUDs shall be computed according to the time limits set forth herein from the effective date of the ordinance codified in this section.
7. Fees.
A. Before any action shall be taken as provided in this section, the party or parties proposing the change shall pay the fee as established by City Council Resolution.
B. Under no condition shall said sum or any part thereof be refunded for failure of such rezoning or substantial modification to be enacted into law.
C. Site plans and subdivisions in a PUD shall be subject to the normal fees for such filings.