(A) Purpose: The purpose of the Planned Unit Development District is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the provision of streets and utilities; and to preserve the natural and scenic features of open space.
This district is best suited to undeveloped areas, where "planned unit development" is a superior response to less coordinated development, as permitted elsewhere in this ordinance. It is also an appropriate response in relatively large areas undergoing redevelopment.
(B) District Requirements: In order to qualify as a Planned Unit Development District, a project request must meet the following minimum requirements:
(1) The site must contain not less than one-half (1/2) acre and have a minimum width between any two (2) opposite boundary lines of one hundred twenty-five feet (125'), and must adjoin or have direct access to at least one public street. However, the Planning Commission and City Commission may reduce this requirement by twenty-five (25%) percent to encourage better design and site application of PUD Districts.
(2) The site shall be in one ownership, or if in several ownerships, the application for amendment to the zoning ordinance shall be filed jointly by all of the owners.
(3) At the time of application for rezoning, the site shall not be divided by any public right-of-way, unless all tracts so divided contain the minimum site size for a PUD: off-site parking shall not be used in the calculation of the minimum site size and is therefore, excluded from this requirement.
(4) A site plan shall be submitted with the request for change and shall contain the following information:
(a) The proposed title of the project and the name of the engineer, architects, designer, or landscape architect, and the developer.
(b) The northpoint, scale and date. The scale of the site plan shall not be more than fifty feet (50') to one inch (1").
(c) Existing zoning and zoning district boundaries and proposed changes.
(d) The boundaries of the property involved, the general location of all existing easements, property lines, existing streets, buildings and other existing physical features on or adjoining the project.
(e) The approximate location and sizes of existing and proposed sanitary and storm sewers, water mains, culverts, and other underground facilities in or near the project on a topographic map using contour lines at appropriate intervals.
(f) The general location and dimensions of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, parking and loading areas (including number of parking and loading spaces).
(g) The general location of proposed lots, setback lines, easements, and a generalized land use plan.
(h) The location and approximate heights of all proposed main and accessory buildings and dimensions of structures drawn to scale.
(i) Identification of all lands in private or common ownership.
(j) General location, height, width and material of all fences, walls, screens, plantings and landscaping.
(k) Proposed location and number of dwelling units (by bedroom type) for each structure.
(l) General location, character, size and height or orientation of proposed signs.
(m) The Planning Commission and City Commission may establish additional requirements for site plan approval, and in specific cases, may waive a particular requirement, if, in their opinion, the inclusion of that requirement is not essential to a proper assessment of the project.
(5) In addition to the above, an application for a PUD district shall be accompanied by:
(a) Proposed standards for the development of the project, including restrictions on the use of property, density standards, yard requirements and restrictive covenants, if any;
(b) A statement defining the manner in which the City is to be assured that all improvements and protective devices are to be installed and maintained; and,
(c) A construction schedule. In any case where a planned unit development which has been denied wholly or in part by the City Commission shall be resubmitted for a period of one year from the date of said order of denial except on the grounds of new evidence or proof of change of conditions.
(C) Permitted Uses: Any use proposed by the developer and considered by the Planning Commission and City Commission as being compatible to other nearby uses within and beyond the district may be permitted in such district, upon the approval by the planning commission and City Commission. A listing of permitted uses within a particular PUD district shall be adopted as part of the regulations applying to that district. After approval by the Planning Commission and City Commission, the list or portion thereof shall be adopted as part of the regulations applying to that particular PUD district. Thereafter, the uses permitted in the district shall be restricted to those listed, approved and adopted.
(D) General design criteria and development standards:
(1) Overall site design shall be harmonious in terms of landscaping, enclosure of principal and accessory uses, sizes of structures, street patterns, and use relationships. Variety in building types, setbacks and size of open spaces shall be encouraged.
(2) Parking requirements for each PUD district shall be assessed based upon common parking standards and parking standards contained in this ordinance. Areas designated for parking and loading or for trafficways shall be physically separated from streets by suitable barriers against unchanneled motor vehicles ingress and egress.
(3) Fifteen percent (15%) of each project shall be developed into common open space and no more than seventy-five percent (75%) of any lot or parcel shall have an impervious surface. Regulation golf courses shall be excluded from the total acreage in determining that fifteen percent (15%).
(4) Signage within PUD districts will be harmonious with the proposed uses and will be architecturally integrated with the overall project design. Actual allowage signage within a PUD district will be determined at the time a particular PUD district is established or amended. Moreover, it is generally not the intent to allow signage of greater intensity than would be allowed similar uses within other zoning districts.
(E) Administrative Procedures: Requests for PUD zoning shall be as provided for amendments generally. Any request pertaining to the establishment of a PUD district shall be considered an amendment to the zoning ordinance, and shall be administered and processed in accordance with the regulations set forth in Article XII, entitled Amendment Procedures. The City Commission may approve the request in accordance with the site plan and other applicable regulations, may make specific modifications to the plan or may deny the request. The final action shall occur following a public hearing and recommendation held by the Planning Commission. No application for a planned unit development which has been denied wholly or in part by the City Commission shall be resubmitted for a period of one year from the date of said order of denial except on the grounds of new evidence or proof of change or conditions.
Once a PUD district is established on the official zoning map, no building permit shall be issued therein unless approved plans and reports for the development as a whole or in stages or portions thereof are deemed satisfactory in relation to the total development. The form and content of such site plans and reports shall be as prescribed in the zoning, subdivision regulations and other regulations involved generally, and in rules of other affected agencies.
Upon approval by the City Commission, one copy of the site plan and the PUD agreement shall be recorded in the office of the Boyd County Clerk of Court.
Building permits shall then be issued in the same manner as for building permits generally. Except as provided below, the plans and reports approved shall be binding on the applicant and any successors in the title so long as the PUD zoning is applicable.
(F) Changes and modifications: Minor changes in the Planned Unit Development may be approved by the Planning Commission or its designated agent provided that such changes:
(1) Do not increase the densities;
(2) Do not change the outside (exterior) boundaries;
(3) Do not change any use; however, a change from multi-family residential to single-family residential shall be considered a minor change provided densities are not increased;
(4) Do not materially change the location or amount of land devoted to specific land uses;
(5) Do not significantly change the exterior appearance from those shown on any plans which may be submitted or presented by the developers;
(6) Minor changes may include, but are not limited to: minor shifting of the location of buildings, proposed streets, public or private ways, utility easements, parks, or other open spaces, or other features of the plan.
Major changes in the Planned Unit Development shall be treated as amendments to the ordinance, and shall only be approved subject to rezoning requirements. Major changes may include, but are not limited to the following:
(1) Increases in density
(2) Changes in boundary lines
(3) Changes in land use
(4) Changes in location or amount of land devoted to specific land uses; and,
(5) Changes that significantly alter the appearance of structures.
(G) Public facilities, surety, cost, fees and charges: All public facilities and improvements made necessary as a result of the planned unit development shall be either constructed in advance of the approval of the final plat, or, at the discretion of the City Manager, escrow deposits, irrevocable letters of credit (in a form approved by the City Manager) or performance bonds shall be delivered to guarantee construction of the required improvements. Any such guarantee shall be one hundred twenty-five percent (125%) of the estimated installed cost.
(H) Maintenance: In the event that the organization established to own and maintain common open space, recreation areas and related facilities, or any successor organization, shall at any time after establishment of the planned unit development fail to maintain the common open space, recreation areas and related facilities in reasonable (as per the intent of the specific PUD district ordinance) order and condition, in accordance with the plan, the city may serve written notice upon such organization or upon the residents of the planned unit development setting forth the manner in which the organization has failed to maintain the space in the reasonable condition and said notice shall include the following:
(A) A demand that such deficiencies of maintenance be rectified within thirty (30) days.
(B) If such deficiencies are not rectified within said thirty (30) days, the city shall serve notice of hearing. Said notice shall state the date and place of the hearing and shall be sent by registered mail not less than five (5) days nor more than ten (10) days prior to the hearing date. At the hearing, if the City finds the deficiencies cannot be rectified by the responsible party, the city in order to preserve the taxable values of the properties within the planned unit development, and to prevent the common open space from becoming a public nuisance, may enter upon said property and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any right to use the common open space or recreation areas when the same is voluntarily dedicated to the public by the owner. Before the expiration of said year, the city shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice of such organization, or to the residents of the planned development to show cause when such maintenance by the city shall not, at the election of the city, continue for a succeeding year. If the City Commission determines that such organization is not ready and able to maintain said common space and recreation areas in a reasonable condition, the city may in its discretion continue to maintain such common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the City Commission in any case shall constitute a final administrative decision, subject to review in accordance with appropriate provisions of this ordinance. The cost of such maintenance by the city shall be assessed ratably against the properties within the planned unit development that has a right of enjoyment of the common open space and recreation space. The city may pursue such payment by appropriate legal action.
(Ord. 6-1999, passed 1-21-99)