The Planned Unit Development One District and the Planned Unit Development Two District are intended to provide flexibility in the design of planned projects; to encourage innovation in project design that incorporates open space and other amenities; and to insure the compatibility of developments with the surrounding urban environment. The Planned Unit Development Districts (One and Two) are intended to promote developments which will be advantageous to the City and its urban form by permitting project design that will surpass the quality of development resulting from a strict application of the regulations of conventional zoning districts. Consequently, the Planned Unit Development Districts are to be used to exceed the City’s traditional zoning and subdivision requirements and not to circumvent these standards. The Planned Unit Development Districts shall not be used to secure approval for projects that do not conform to the City’s comprehensive plan.
1. PUD-1 and PUD-2 Districts.
A. The Planned Unit Development One District (“PUD-1 District”) is intended to accommodate large, comprehensively planned developments which are likely to develop over a relatively long period of time.
B. The Planned Unit Development Two District (“PUD-2 District”) is intended to accommodate projects for which the specific design of individual buildings and elements may be determined. Several PUD-2 Districts may be incorporated into a single larger PUD-1 District, provided that such projects are consistent with the overall design and development elements reviewed and approved as part of the PUD-1 District boundary amendment petition process, specifically including criterion approved as part of the pre-petition concept plan.
C. While the stated purpose of the PUD-1 District zoning designation is to accommodate large, long-term, comprehensive development, this objective should not be interpreted to require that all persons interested in designing a Planned Unit Development to first obtain a PUD-1 District zoning classification before petitioning for a PUD-2 District zoning designation. Occasionally, a developer will approach the City with both an overall, long-term development scheme and detailed proposed design plans for a specific project or projects. In this instance, the developer may opt to petition for a PUD-2 District zoning designation at the start of the formal development process with the City in lieu of an interim PUD-1 District zoning classification.
2. Location Criteria. The Planned Unit Development Districts are generally intended for use in the following three urban contexts:
A. Vacant Land. Areas of substantial open space, where the structure of conventional zoning may artificially limit or constrain good urban design, may restrict the achievement of the City’s development objectives, or may not be appropriate to changes in technology or demand consistent with the best interests of the City.
B. Community Development Areas. Areas of the City which are in need of rehabilitation or redevelopment, including areas which may be deficient in public facilities or services. In these situations, the PUD District may encourage private investment by recognizing the need for flexibility that conventional zoning regulations do not provide.
C. Neighborhood Contexts. Areas in which sensitive project design is critical to maintain and protect the value of surrounding residential neighborhoods and other sensitive or vulnerable urban settings.
3. Permitted Land Uses. In addition to being classified as either a Planned Unit Development One District or a Planned Unit Development Two District, Planned Unit Development Districts may include residential, office, commercial, industrial or public land uses, subject to the following restrictions:
A. A Residential Planned Unit Development (One or Two) shall be located in an area designated for residential uses in the City’s comprehensive plan and shall have 100% of its total land area in residential, public, open space and accessory uses, such as parking to serve residential or public uses. Permitted residential uses include dwelling units in detached, semi-detached, attached, clustered or multi-story structures, or any combination thereof.
B. A Commercial Planned Unit Development (One or Two) shall be located in an area designated for commercial or mixed uses in the City’s comprehensive plan and may contain, alone or in combination, the following use types: residential, office, commercial, public, open space and accessory uses, such as parking to serve such primary uses.
C. An Industrial Planned Unit Development (One or Two) shall be located in an area designated for industrial uses in the City’s comprehensive plan and may contain, alone or in combination, the following use types: industrial, office, commercial, public, open space and accessory uses, such as parking to serve such primary uses. Such a Planned Unit Development shall not include residential land uses.
4. PUD-A and PUD-B Site Development Plans.
A. The PUD-A Site Development Plan is intended to facilitate the structured growth of large, long-term comprehensive developments within PUD-1 Districts. Accordingly, the PUD-A Site Development Plan guidelines and regulations ensure that development over time conforms to an established master plan.
B. The PUD-B Site Development Plan is intended to facilitate the development of projects for which the specific design of individual buildings and elements may be determined. This level of detailed planning may be reached either: (i) at or near the time that a PUD-2 District boundary amendment is sought; or (ii) once the overall development of a project has progressed to the point that detailed design elements are available for a proposed Planned Unit Development within an existing PUD-1 District.
C. While approval of a PUD-B Site Development Plan is often sought in connection with a PUD-2 District boundary amendment, nothing in this Section 165.33 shall be interpreted to prohibit an applicant from seeking approval of a PUD-B Site Development Plan for a proposed Planned Unit Development to be located within a PUD-1 District (or a portion thereof). Consequently, several PUD-B Site Development Plans may be approved for implementation within a single PUD-1 District, provided that such projects are consistent with the overall design and development standards of the PUD-1 District, specifically including criterion approved as part of the pre-petition concept plan. PUD-A Site Development Plans may only be approved in connection with a PUD-1 District.
5. The PUD-1 District Requirements and Application Procedures:
A. Minimum Size. The minimum size of a PUD-1 District shall be three (3) acres.
B. Pre-petition Concept Plan. Prior to filing a formal district boundary amendment petition in accordance with the requirements of Section 165.60 of this Code, the petitioner shall meet with the Zoning Administrator for the purpose of submitting a pre-petition concept plan. This plan shall illustrate the conceptual overall plan for the District and shall include at a minimum the information required in Table One.† 25
C. PUD-1 District Petition Fee. This fee shall be established by resolution of the Council and shall be in lieu of payment of the application fee required under Section 165.60(8) of this chapter.
D. Zoning Administrator Review. The Zoning Administrator shall review and comment on the proposed concept plan and shall provide the petitioner with written comments within thirty (30) days of submission of the proposed concept plan. At the option of the petitioner or the Zoning Administrator, the final concept plan may be submitted to the Planning and Zoning Commission and the Council for review and comment at the earliest practical meeting.
E. Pre-petition Concept Plan Review Criteria. The review of the pre-petition concept plan shall include consideration of the following criteria:
(1) Land use intensity and density.
(2) Ability to provide a positive environment for intended uses, including schematic building configurations and arrangements (if available) and general landscaping and site design.
(3) Use of open space.
(4) Impact on the surrounding natural and built environment.
(5) Adequacy of on- and off-site transportation and utility systems to serve the proposed project.
(6) Consistency with the City’s comprehensive plan.
F. Following review and approval of the PUD-1 District pre-petition concept plan, the petitioner may proceed to file a formal district boundary amendment petition in accordance with Section 165.60 of this chapter. The Council, on its own motion or petition, may cause a PUD-1 District boundary amendment to be made in accordance with the requirements of Section 165.59 of this chapter. All district boundary amendment petitions submitted under this paragraph shall be approved by ordinance after the public hearing requirements of Section 165.58 of this chapter have been satisfied.
6. PUD-A Site Development Plan.
A. The PUD-A Site Development Plan Requirements and Application Procedures. Following review and approval of the PUD-1 District boundary amendment petition, or concurrently with this review and approval process, the property owner or any designated agent may proceed with the filing of a formal PUD-A Site Development Plan which shall illustrate the development master plan for the underlying PUD-1 District and shall include, at a minimum, the information required under both Table One (Appendix Pages 14 and 15 of this Code of Ordinances) and Section 165.52 of this Code.
B. Development Agreement. Each PUD-A Site Development Plan shall also include a Development Agreement establishing the development requirements for the PUD-A Site Development Plan and the underlying PUD-1 District. The Development Agreement shall specify the following regulations:
(1) Location and quantities of various land uses.
(2) Maximum floor area ratios and residential densities.
(3) Maximum building and impervious coverage.
(4) Front, side and rear yard setbacks.
(5) Maximum heights of proposed structures.
(6) Design standards applicable to the project.
(7) Other development covenants, easements and restrictions.
(8) Site improvements that will be constructed following approval of the PUD-A Site Development Plan.
C. PUD-A Site Development Plan Submittal. Complete PUD-A Site Development Plans shall be submitted for review in accordance with the calendar for rezoning applications adopted by the Planning and Zoning Commission.
D. Review Procedures. The Commission and Council shall review and evaluate each PUD-A Site Development Plan submittal via the criteria set forth in Table Two (Appendix Pages 16 and 17 to this Code).
(1) A public hearing shall be held by each body in accordance with the requirements of Section 165.58 of this chapter.
(2) The Commission and Council may impose reasonable conditions, as deemed necessary to ensure that a PUD-A Site Development Plan shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.
(3) At the recommendation of the Commission, the Commission and the Council may meet in a joint session to review and evaluate the PUD-A Site Development Plan submittal. In the event of such a joint session, only one joint public hearing need be held in accordance with Section 165.58 of this chapter.
E. Findings of Fact. In their respective reviews of the PUD-A Site Development Plan submittal, the Commission and Council shall base decisions on the standards for findings of fact (hereinafter referred to as “Findings of Fact”) set forth in the criteria presented in Table Two (Appendix Pages 16 and 17 to this Code of Ordinances).
F. Planning and Zoning Commission Action. The Commission shall act upon each PUD-A Site Development Plan submittal. The Commission may recommend amendments to the proposed Plan. The recommendation of the Commission shall be transmitted to the Council for final action.
G. Council Action. Approval of a proposed PUD-A Site Development Plan shall be by resolution of the Council. Said approval shall not occur until after passage by the Council of the Ordinance creating the underlying PUD-1 District.
H. Approvals. Upon approval by the Council by resolution, the PUD-A Site Development Plan, including the Development Agreement, shall be filed with the Clerk. Additionally, the Development Agreement and the Council resolution approving the PUD-A Site Development Plan shall be placed on record at the Office of the Johnson County Recorder.
I. Platting. If required under Chapter 170 (Subdivision Regulations) of this Code of Ordinances, review of the preliminary plat may be undertaken concurrently with the PUD-A Site Development Plan review and approval process. A PUD-A Site Development Plan which includes a preliminary plat shall be submitted at least three (3) weeks prior to the zoning application due dates otherwise established by the calendar referenced in Subsection 4(C) above. Preliminary plat approval under Chapter 170 of this Code shall not occur until after passage by the Council of the ordinance creating the underlying PUD-1 District. Plat approval and approval of the PUD-A Site Development Plan may be accomplished jointly by way of a single resolution of the Council.
J. Authorization to Proceed with Site Improvements. Approval of a PUD-A Site Development Plan and prior or contemporaneous approval of the underlying PUD-1 District shall authorize the applicant to proceed with site improvements, including but not limited to grading, street construction, sewer construction, utilities, trails, parks and open spaces, sidewalks and other public improvements. As part of the PUD-A Site Development Plan submittal, the applicant shall state the specific site improvements that the applicant will construct following approval of the PUD-A Site Development Plan. The scope of these improvements shall be incorporated into the Development Agreement.
K. Building Permits. Neither the approval of a PUD-A Site Development Plan nor the approval of the underlying PUD-1 District shall authorize the construction of buildings or the issuance of permits for such construction.
L. Changes or Modifications to PUD-A Site Development Plans. The Zoning Administrator has discretion to approve amendments to an approved PUD-A Site Development Plan, provided that:
(1) A written request is filed with the Zoning Administrator, along with information specifying the exact nature of the proposed amendment.
(2) The amendment is consistent with the provisions of this section.
(3) The amendment does not alter the approved site requirements of the PUD-A Site Development Plan and does not materially alter other aspects of the Plan, including traffic circulation, land used or land use intensity, mixture of use types and physical design.
(4) Any amendment not conforming to these provisions shall be considered tantamount to a new application and shall be submitted to the Planning and Zoning Commission and Council according to the procedures for new applications established in this section.
M. Withdrawal of Approval of PUD-A Site Development Plan. The Zoning Administrator shall conduct an annual review of the status of each active PUD-A Site Development Plan. If no substantial development has taken place in a proposed Planned Unit Development in accordance with the approved development schedule, the Planning and Zoning Commission may consider recommending that the Council withdraw approval of the PUD-A Site Development Plan. The Commission may then refer consideration of the matter to the Council and the Council may reconsider its approval of the PUD-A Site Development Plan and may, on its own motion, initiate proceedings to withdraw said approval of the PUD-A Site Development Plan. The Zoning Administrator shall notify the developer by mail not less than ninety (90) days before the date of the meeting at which the Commission is scheduled to consider a recommendation of withdrawal of approval of the PUD-A Site Development Plan. If withdrawal of approval is recommended to the Council by the Planning and Zoning Commission, the Zoning Administrator shall notify the developer by mail not less than fourteen (14) days before the date upon which the Council is scheduled to consider withdrawing its previous approval of the PUD-A Site Development Plan.
N. Extension of Approval of the PUD-A Site Development Plan. Prior to the withdrawal of approval of the PUD-A Site Development Plan, the applicant or the applicant’s designated agent may request an extension of time and submit an amended development schedule. An extension request must be submitted to the Zoning Administrator not less than sixty (60) days before the date of the meeting at which the Planning and Zoning Commission is scheduled to consider a recommendation of withdrawal of approval to the Council. The Zoning Administrator shall refer the extension request to the Planning and Zoning Commission which, in turn, will refer the extension request to the Council with a recommendation to either grant or deny the request. The Council shall elect either to grant or deny the extension requests. No extension granted under this subsection shall exceed one (1) year in duration.
7. The Pud-2 District Requirements and Application Procedures:
A. A PUD-2 District may be established on a site of any size.
B. Pre-petition Concept Plan. Prior to filing a formal district boundary amendment petition in accordance with the requirements of Section 165.60 of this chapter, the petitioner shall meet with the Zoning Administrator for the purpose of submitting a pre-petition concept plan.
(1) For a project within a pre-existing PUD-1 District where a PUD-A Site Development Plan has previously been approved, the meeting shall be for the purpose of demonstrating such conformance.
(2) For other projects, the pre-petition concept plan shall include, at a minimum, the information requested in Table One (Appendix Pages 14 and 15 of this Code).
C. PUD-2 District Petition Fee.
(1) For projects within a pre-existing PUD-1 District where a PUD-A Site Development Plan has previously been approved, this fee shall be established by resolution of the Council.
(2) For other projects, this fee shall also be established by resolution of the Council and shall be in lieu of payment of the application fee required under Section 165.60(8) of this chapter.
D. Zoning Administrator Review. The Zoning Administrator shall review the proposed pre-petition concept plan and shall provide the petitioner with written comments within thirty (30) days of submission of the proposed pre-petition concept plan. At the option of the petitioner or the Zoning Administrator, a final pre-petition concept plan may be submitted to the Commission and the Council for review and comment at the earliest practical meeting. For a project within a pre-existing PUD-1 District where a PUD-A Site Development Plan has previously been approved, the Zoning Administrator shall review the PUD-2 District pre-petition concept plan for consistency with the overall design and development elements reviewed and approved as part of both the PUD-1 District boundary amendment petition process and the PUD-A Site Development Plan review, specifically including criterion approved as part of the PUD-A Site Development Plan. If the proposed PUD-2 District pre-petition concept plan is determined to be consistent with the foregoing criterion (hereinafter referred to as a “Finding of Consistency”), the developer may make direct application for approval of the PUD-B Site Development Plan for the proposed project.
E. Pre-petition Concept Plan Review Criteria. The review of the pre-petition concept plan shall include consideration of the following criteria:
(1) If located within a pre-existing PUD-1 District where a PUD-A Site Development Plan has previously been approved, consistency with the proposed development elements approved as part of the PUD-A Site Development Plan.
(2) Land use intensity and density.
(3) Ability to provide a positive environment for intended uses, including schematic building configurations, arrangements and general landscaping and site design.
(4) Use of open space.
(5) Impact on the surrounding natural and built environment.
(6) Adequacy of on- and off-site transportation and utility systems to serve the proposed project.
(7) Architectural quality and compatibility of the proposed project with the scale and appearance of surrounding areas.
(8) Consistency with the City’s comprehensive plan.
F. Following review of the PUD-2 District pre-petition concept plan, the petitioner may proceed in one of the three following ways:
(2) For a project within a pre-existing PUD-1 District that did not receive a Finding of Consistency, by filing a formal PUD-2 District boundary amendment petition under Section 165.60 of this chapter. All petitions submitted under this paragraph shall be approved by ordinance after the public hearing requirements of Section 165.58 of this chapter have been satisfied.
G. The Council, on its own motion or petition, may cause a PUD-2 District boundary amendment to be made in accordance with the requirements of Section 165.59 of this Code. All district boundary amendment petitions submitted under this paragraph shall be approved by ordinance after the public hearing requirements of Section 165.58 of this chapter have been satisfied.
8. PUD-B Site Development Plan.
A. The PUD-B Site Development Plan Requirements and Application Procedures. Following either (i) a Finding of Consistency pursuant to paragraphs 165.33(7)(D) and (E) above, or (ii) approval of the PUD-2 district boundary amendment petition, the property owner or a designated agent may proceed with the filing of a formal PUD-B Site Development Plan which shall illustrate the detailed development plan for the proposed Planned Unit Development and shall include, at a minimum, the information required under Table One (Appendix Pages 14 and 15 of this Code) and Section 165.52 of this chapter.
B. Development Agreement. Each PUD-B Site Development Plan shall also include a Development Agreement establishing the development requirements for the PUD-B Site Development Plan and the underlying PUD-1 District (or portion thereof) or PUD-2 District. The Development Agreement shall specify the following regulations:
(1) Location and quantities of various land uses.
(2) Maximum floor arm ratios and residential densities.
(3) Maximum building and impervious coverage.
(4) Front, side and rear yard setbacks.
(5) Maximum heights of proposed structures.
(6) Design standards applicable to the project.
(7) Other development covenants, easements and restrictions.
(8) Site improvements that will be constructed following approval of the PUD-B Site Development Plan.
C. PUD-B Site Development Plan Submittal. Complete PUD-B Site Development Plans shall be submitted for review in accordance with the calendar for rezoning applications adopted by the Planning and Zoning Commission.
D. Review Procedures. The Commission and Council shall review and evaluate each PUD-B Site Development Plan submittal.
(1) A public hearing shall be held by each body in accordance with the requirements of Section 165.58 of this chapter.
(2) The Planning and Zoning Commission and Council may impose reasonable conditions, as deemed necessary to ensure that a PUD-B Site Development Plan shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.
(3) At the recommendation of the Planning and Zoning Commission, the Commission and the Council may meet in a joint session to review and evaluate the PUD-B Site Development Plan submittal. In the event of such a joint session, only one joint public hearing need be held in accordance with Section 165.58 of this chapter.
(4) For a project that has received a Finding of Consistency pursuant to paragraphs 165.33(7)(D) and (E) above, the review shall be limited to an examination those detailed elements of the project which were not previously submitted during the PUD-A Site Development Plan review process.
(5) For any other project, the review process shall involve an examination of the PUD-B Site Development Plan submittal via the criteria set forth in Table Two (Appendix Pages 16 and 17 to this Code).
E. Findings of Fact. In their respective reviews of the PUD-B Site Development Plan submittal, the Commission and Council shall base decisions on the standards for Findings of Fact set forth in the criteria presented in Table Two (Appendix Pages 16 and 17 to this Code).
F. Planning and Zoning Commission Action. The Commission shall act upon each PUD-B Site Development Plan submittal. The Commission may recommend amendments to the proposed Plan. The recommendation of the Commission shall be transmitted to the Council for formal action.
G. Council Action. Approval of a proposed PUD-B Site Development Plan shall be by resolution of the Council. Said approval shall not occur until after passage by the Council of the ordinance creating the underlying PUD District.
H. Approvals. Upon approval by the Council by resolution, the PUD-B Site Development Plan, including the Development Agreement, shall be filed with the Clerk. Additionally, the Development Agreement and the Council resolution approving the PUD-B Site Development Plan shall be placed of record at the Office of the Johnson County Recorder.
I. Platting. If required under Chapter 170 (Subdivision Regulations) of this Code of Ordinances, review of the preliminary and/or final plat(s) may be undertaken concurrently with the PUD-B Site Development Plan review and approval Process. A PUD-B Site Development Plan which involves plat review and approval under Chapter 170 of this Code shall be submitted at least three (3) weeks prior to the zoning application due dates otherwise established by the calendar referenced in Subsection 8(C) above. Final plat approval under Chapter 170 of this Code shall not occur until after passage by the Council of the ordinance creating the underlying PUD-2 District. Plat approval and approval of the PUD-B Site Development Plan may be accomplished jointly by way of a single resolution of the Council.
J. Issuance of Building Permits. The City shall not issue a building permit, certificate of occupancy of other permit for a building, structure, or use within a PUD-1 District or PUD-2 District unless said proposed building, structure, or use is in compliance with the approved PUD-B Site Development Plan or any approved amendments.
K. Changes or Modifications to PUD-B Site Development Plans. The Zoning Administrator has discretion to approve amendments to an approved PUD-B Site Development Plan, provided that:
(1) Changes in the alignment and location of structures do not exceed ten (10) feet in any direction. "\" "" -c
(2) The floor area of any single building is not changed by more than 5 %.
(3) All changes are within the allowable floor area ratios established by the project, are consistent with the adopted PUD-B Site Development Plan, and have been approved in writing by any applicable property owners association established within the boundaries of the project.
(4) Any amendment not conforming to these provisions shall be cons 1idered tantamount to a new application and shall be submitted to the Commission and Council according to the procedures for new applications established in this section.
L. Withdrawal of Approval of PUD-B Site Development Plan. The Zoning Administrator shall conduct an annual review of the status of each active PUD-B Site Development Plan. If no substantial development has taken place in a proposed Planned Unit Development in accordance with the approved development schedule, the Planning and Zoning Commission may consider recommending that the Council withdraw approval of the PUD-B Site Development Plan. The Commission may then refer consideration of the matter to the Council and the Council may reconsider its approval of the PUD-B Site Development Plan and may, on its own motion, initiate proceedings to withdraw said approval of the PUD-B Site Development Plan. The Zoning Administrator shall notify the developer by mail not less than ninety (90) days before the date of the meeting at which the Commission is scheduled to consider a recommendation of withdrawal of approval of the PUD-B Site Development Plan. If withdrawal of approval is recommended to the Council by the Planning and Zoning Commission, the Zoning Administrator shall notify the developer by mail not less than fourteen (14) days before the date upon which the Council is scheduled to consider withdrawing its previous approval of the PUD-B Site Development Plan.
M. Extension of Approval of the PUD-B Site Development Plan. Prior to the withdrawal of approval of the PUD-B Site Development Plan, the applicant or the applicant’s designated agent may request an extension of time and submit an amended development schedule. An extension request must be submitted to the Zoning Administrator not less than sixty (60) days before the date of the meeting at which the Commission is scheduled to consider a recommendation of withdrawal of approval to the Council. The Zoning Administrator shall refer the extension request to the Commission which, in turn, will refer the extension request to the Council with a recommendation to either grant or deny the request. The Council shall elect either to grant or deny the extension requests. No extension granted under this paragraph shall exceed one (1) year in duration.
Notes
| 25 | † EDITOR’S NOTE: The Tables referred to in this section are found in the Appendix to this Code of Ordinances. |