§ 153.271  QUALIFYING CONDITIONS.
   (A)   In order to qualify for PUD approval, the project must satisfy the conditions of this section.
   (B)   It is the applicant’s responsibility to demonstrate in writing that each of the following criteria is, or will be, met by the proposed PUD.
      (1)   Recognizable benefit. A PUD shall achieve recognizable and substantial benefits that would not be possible under the existing zoning classification(s). At least three of the following benefits shall be accrued to the community as a result of the proposed PUD:
         (a)   Preservation of significant natural features;
         (b)   A complementary mix of land uses or housing types;
         (c)   Extensive open space and recreational amenities;
         (d)   Connectivity of open space with adjacent greenway corridors;
         (e)   Enhancement of small town appeal;
         (f)   Improvements to public streets or other public facilities that mitigate traffic and/or other development impacts;
         (g)   Coordinated development of multiple small parcels; or
         (h)   Infill development and/or removal or renovation of blighted buildings, sites or contamination clean-up.
      (2)   Size. Each PUD shall contain a minimum of 21,780 square feet; provided sites containing less than 21,780 square feet may be considered for rezoning to PUD, if the Planning Commission determines that the site will advance the purposes of the PUD District. When determining the appropriateness of areas less than the applicable minimum required, the Planning Commission shall determine that:
         (a)   Rezoning the area to PUD will not result in a significant adverse effect upon nearby or adjacent lands;
         (b)   The proposed uses will complement the character of the surrounding area;
         (c)   The purpose and qualifying conditions of the PUD District can be achieved within a smaller area; and
         (d)   The PUD is not being used as a means to circumvent conventional zoning requirements.
      (3)   Utilities. The PUD shall be served by public water and sanitary sewer.
      (4)   Ownership. The PUD application shall be filed by the property owner, lessee or other person with legal interest in the property and written consent by the owner. The proposed development shall be under unified ownership or control so one person or entity has proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants and/or deed restrictions indicating that the development will be completed in its entirety as proposed.
      (5)   Master Plan. Proposed use(s) and design of the PUD shall be substantially consistent with the city’s adopted Master Plan.
      (6)   Pedestrian accommodation. The PUD shall provide for integrated, safe and abundant pedestrian and bicycle access and movement within the PUD and to adjacent properties.
      (7)   Architecture. Building forms, relationships and styles shall be harmonious and visually integrated through the use of common materials, colors, treatment and scale.
      (8)   Traffic. The PUD shall provide for safe and efficient vehicular movement within, into and out of the PUD site. Traffic calming techniques, parking lot landscaping and other sustainable design solutions shall be employed to improve traffic circulation, storm water management, pedestrian safety and aesthetic appeal.
      (9)   Eligible districts. Land within any zoning district may qualify for PUD zoning.
(Prior Code, § 5.141)  (Ord. 794, passed 9-17-2018)