(A) Open space requirement. A PUD shall contain permanently reserved land suitable for the common use of the public or the owners within the PUD. This may be accomplished by dedication, covenant, or easement. Said open space may be comprised of non-buildable land as the result of topography, soil conditions, wetlands, and the like. The open space shall constitute a minimum of 10% of the gross acreage less rights of way. This land may be used for recreational or scenic open space, or as a landscaped buffer as approved by the Commission. This land may also be set aside as sites for future public facilities. Provisions for permanent control and maintenance of this land shall be outlined in a form acceptable by the Plan Commission.
(B) Types. For the purpose of administering and enforcing this chapter, there shall be two types of PUDs: residential and mixed-use.
(1) Residential PUD development requirements. The following standards shall be used in designing and developing all residential PUDs:
(a) Residential PUDs shall be permissible on tracts of land of at least five acres.
(b) Permissible types of residential uses within a residential PUD shall be prescribed by the applicable PUD district ordinance as approved by the Plan Commission and the Common Council.
(c) In any residential PUD, the minimum lot and setback requirements of the initial zoning district may be reduced, provided that each lot is at least 7,000 square feet with a minimum width of 60 feet. To the extent practicable, all perimeter lots shall be sized and oriented so as to provide a reasonable transition between the residential uses of the PUD and any adjacent land uses.
(d) In the event that a residential PUD is to be located adjacent to a single-family neighborhood, all two-family or multi-family portions of a residential PUD should be located nearer the interior of the development rather than the periphery of the tract.
(2) Mixed-use PUD development requirements. The following standards shall be followed in designing and developing all mixed-use PUDs:
(a) Mixed-use PUDs shall be permissible on tracts of land of at least five acres.
(b) Permissible types of uses within a mixed-use PUD shall be prescribed by the applicable PUD district ordinance as approved by the Plan Commission.
(c) Within any tract of land developed as a mixed-use PUD, a minimum of 50% of the buildable land shall be developed for single-family detached dwellings. Not more than 30% of the buildable area may be developed for two-family or multi-family dwellings. Not more than 20% of the total buildable area may be developed for non -residential uses.
(d) The site development plans and construction plans for any proposed mixed-use PUD shall indicate the particular portions of the tract that the developer intends to develop for each use. One plan shall be approved for the mixed-use PUD; however, for the purposes of determining the substantive regulations that apply to the mixed-use PUD, each portion of the tract so designated shall then be treated as if it were a separate district, zoned to permit respectively higher density residential, lower density residential or business uses.
(e) The non-residential portions) of any mixed-use PUD may not be occupied until of the residential portions of the development are substantially completed, unless a performance bond and/or maintenance guarantee are in effect. The guarantee shall be done in accordance with the provisions of this chapter. The purpose and intent of this provision is to ensure that the mixed use PUD procedure is not used, intentionally or unintentionally, to create non-residential uses in areas generally zoned for residential uses except as part of an integrated and well-planned, mixed-use development.
(C) Application. The application for a PUD shall be submitted to the Plan Commission on a form approved by the Plan Commission. This drawing shall include details, as required by the Commission, including the location of properties within 300 feet of the proposed PUD district boundary.
(D) PUD district ordinances. PUD district ordinances shall be adopted and amended in accordance with the following procedures:
(1) The Common Council shall adopt and amend PUD district ordinances in the same manner as a zone map change. Approval of the PUD district ordinance by the Common Council shall constitute a zone map change to “PUD.” In the event construction has not begun on the PUD within seven years from the date of PUD district ordinance approval, the zoning shall revert to the previous zoning.
(2) A PUD district ordinance shall be expressed in either general terms or detailed terms. At the initial public hearing, the Plan Commission shall make a finding as to whether the PUD is expressed in either general or detailed terms.
(3) If the PUD ordinance is expressed in detailed terms, a secondary review of the PUD ordinance shall not be required, provided that the ordinance specifies any and all plan documentation or supporting information that must be supplied before an Improvement Location Permit for any structure within the PUD district is issued, Secondary approval of a PUD ordinance shall also constitute final plat approval.
(4) If the PUD district ordinance is expressed in general terms, a secondary review of the PUD district ordinance, which shall specify any plan documentation or supporting information that must be supplied in connection with the secondary review, shall be required. Such documentation and supporting information shall follow the following procedures:
(a) The Common Council hereby delegates authority to conduct secondary review of all PUD district ordinances to the Plan Commission. However, the Common Council reserves its right to modify the permitted uses or development requirements of all PUD district ordinances at the time of the zone map change. Such modification shall be conducted in an open Council meeting;
(b) The Plan Commission shall hear and consider all secondary reviews during a public hearing;
(c) The approval of the secondary review shall be by an affirmative vote of the Plan Commission. The disposition of the secondary review shall be covered by the Plan Commission’s Rules of Procedure and adopted by resolution;
(d) If the secondary review is denied by the Plan Commission, the applicant may appeal said decision to the Common Council. A written letter requesting the appeal shall be delivered to the Plan Commission office within ten days of the Plan Commissions decision. The Planning Director shall prepare a council resolution affirming the Commission’s decision and forward it to the Council. If the Council affirms the Commission’s denial, the Council’s decision may be reviewed by certiorari.
(Ord. 4-2009, passed 3-9-09)