10-5-19: PLANNED UNIT DEVELOPMENT OVERLAY:
   (A)   Intent And Purposes: The planned unit development (PUD) overlay district is intended to result in new development that benefits the city and its residents. The PUD overlay provides a development alternative that allows for greater flexibility and creativity in site and building design than would be possible under the strict application of a zoning district’s requirements. This overlay district adopts the underlying zoning district uses. In return for having greater flexibility in site and building design requirements, a PUD approved under this ordinance shall achieve one or more of the following purposes:
      1.   Greater utilization of new technologies in building design, construction, and land development.
      2.   Variety in the organization of site elements, lot sizes, housing types, and land uses.
      3.   Preservation and enhancement of environmental resources, including flora and fauna, scenic views, screening, access, and open space.
      4.   More efficient and effective use of land and public infrastructure to support higher quality development at a lesser cost.
      5.   Establishment of recreational, public, and open spaces which may be more useable, more suitability located, and higher quality than would be provided under development standards.
      6.   Increased environmental sustainability in the development of land, building construction, and building operations.
      7.   Higher level of integration of pedestrian and bicycle facilities to and within a PUD.
      8.   An increase in the supply of low-income and moderate-income housing.
   (B)   General Standards:
      1.   Minimum Land Area: The proposed planned unit development must be comprised of at least five (5) acres of contiguous land.
      2.   Sewer and Water Service: All PUDs shall have municipal sewer and water service available.
      3.   Under Unified Control: The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit.
      4.   Permitted Uses: Allowed uses are only those permitted in the underlying zoning district in which the planned unit development is located; a PUD does not provide flexibility in allowed uses.
      5.   Density: The number of dwelling units proposed for a PUD shall not exceed the number of dwelling units permitted by the underlying zoning district in which the development is located.
      6.   Number of Buildings per Lot: More than one building may be placed on a single platted lot in a PUD.
      7.   Building Permit: No building permit shall be granted for a building on land for which a plan for a PUD has not been finally approved by the city council.
      8.   Staging Of Development:
         (a)   Any PUD plan proposed to be constructed in stages shall include full details relating thereto and the city council may approve or modify, where necessary, any such proposals.
         (b)   The staging shall include the timing for beginning and completion of each stage. Such timing may be modified by the city council on the showing of good cause by the developer.
      9.   Streets, Utilities, and Services. The uniqueness of each PUD proposal requires that specifications and standards for streets, utilities and services shall be subject to minor modifications from the specifications and standards established in this and other city ordinances governing their construction.
         (a)   The city council may therefore waive or modify the specifications or standards where it is found that they are not required in the interest of the residents of the entire city.
         (b)   The plans and profiles of all streets, utilities and services shall be reviewed, modified, if necessary, and approved by the city engineer.
   (C)   Approval Criteria:
      1.   Consistent With Comprehensive Plan: The development shall be planned so that it is consistent with the Farmington comprehensive plan.
      2.   Compatibility with Existing Development: The planned unit development proposal must harmonize with existing development in the area surrounding the project site. Architectural style of buildings shall not solely be a basis for denial or approval of a plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review stages of the planning commission and council.
      3.   Preservation of Natural Amenities: A primary function of the PUD overlay is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of the objective will be a basic consideration in granting approval or denial.
      4.   Open Space Uses: Land for private or public open space use protected by covenants running with the land or by conveyances or dedicated as the planning commission may specify shall be an integral part of the plan. Such open space areas shall conform to land area requirements of the subdivision ordinance, and shall not include land devoted to streets, parking and private yards.
   (D)   Procedure:
      1.   Pre-application Conference: Before submitting an application for a planned unit development, an applicant may confer with the planning staff to obtain information and guidance, before incurring substantial expense in the preparation of plans, surveys and other data. A checklist will be provided to the prospective applicant as an indication of the written and graphic materials required for PUD consideration.
      2.   Schematic Plan:
         (a)   Submittal: The applicant shall submit a Schematic Plan to planning staff prior to submitting a preliminary PUD application.
            (1)   Maps which are part of the schematic plan shall contain the following:
               A.   Location map showing location of the site within the city.
               B.   The existing topographic character of the land.
               C.   A composite of all natural amenities of the site and three hundred feet (300') adjacent to the site including steep slopes, drainageways, plus marshes, ponds, lakes and property lines.
               D.   The size of site and proposed land uses to be developed together with an identification of site land use and zoning.
               E.   The density of land use to be allocated to the several parts of the development together with height, bulk and approximate location of buildings and other structures.
               F.   The approximate location of thoroughfares.
               G.   The location of common open space including public schools, parks and playgrounds or private natural preserves.
               H.   Schematic utility plan.
            (2)   The written statement of the PUD’s purposes and intent shall include the following:
               A.   A statement of the ownership of all land involved in the planned unit development together with a summary of owner’s previous development experience.
               B.   An explanation of the general character of the planned unit development.
               C.   A statement describing how the planned unit development provides enhanced site design and explains the flexibility needed from underlying development standards.
               D.   A general indication of the expected time schedule of development.
               E.   A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces.
               F.   A statement describing how all necessary governmental services will be provided to the developer.
               G.   The total anticipated population to occupy the planned unit development, with breakdowns indicating the number of school age children, adults, and families.
      3.   Schematic Plan Review and Action:
         (a)   The planning commission shall review the application and make a recommendation to the city council based on and including, but not limited to, the following:
            (1)   Compatibility with the stated purposes and intent of the planned unit development.
            (2)   Relationship of the proposed planned unit development to the neighborhood in which it is proposed to be located, to the city's land use plan, and to other provisions of the zoning ordinance.
            (3)   Internal organization and adequacy of various uses or densities; circulation and parking facilities; public facilities, recreation areas and open spaces.
         (b)   The city council shall act on the schematic plan after receipt of the plan from the planning commission.
         (c)   If the schematic plan is approved, the applicant may proceed to the preliminary PUD plan.
   (E)   Preliminary PUD Plan:
      1.   Application: Application for a preliminary PUD shall be filed with the zoning officer within six (6) months of the approved schematic plan; the applicant may request an extension in writing to the city, decided upon by the city council. The preliminary PUD plan shall be in substantial compliance with the schematic plan. In the event the preliminary plan is not in substantial compliance, a new schematic plan shall be submitted for review.
         (a)   Phased PUD: The applicant may apply for preliminary approval for phases of the development, however, the first phase of the development shall cover at least twenty percent (20%) of the area approved as part of the schematic plan.
            (1)   Phasing shall substantially follow the timeframe established within the approved schematic plan.
            (2)   Once one phase of a PUD has been approved for final PUD plan, the applicant shall be required to submit an application for the preliminary PUD plan of the next phase within six (6) months; the applicant may request an extension in writing to the city, decided upon the city council.
            (3)   No individual phase of a PUD plan may represent less than twenty percent (20%) of the area approved as part of the schematic plan.
         (b)   Maps: Maps which are part of the preliminary plan shall include:
            (1)   All the maps required for schematic approval of the plan.
            (2)   Generalized elevations and perspectives of all structures.
            (3)   A grading plan showing existing and proposed contours at two foot (2') intervals showing the direction of flow of surface drainage and all easements necessary for both ponding and runoff.
            (4)   Plans and profiles for the distribution of water, collection of sanitary waste and storm sewer for the proposed phase. For the remaining area of the PUD the following information shall be shown:
               A.   Water distribution system.
               B.   Storm water distribution system.
               C.   Sanitary sewer system with invert elevation.
            (5)   Plans, profiles and typical sections for proposed street improvements.
            (6)   All utility easements.
            (7)   Landscaping and planting plan.
            (8)   Erosion control plan.
         (c)   Summary Sheet: A summary sheet indicating:
            (1)   Land area for each use.
            (2)   Number of units proposed including number of bedrooms in each area in subsection (D)4(a) of this section.
            (3)   Number of areas of common open space.
            (4)   Modifications of any provisions of this title or any other ordinances, codes or regulations of the city.
            (5)   Phasing plan indicating geographical staging and approximate timing of the plan or portions thereof.
         (d)   Design Standards: All preliminary and final utility plans shall be drawn in accordance with Farmington engineering design criteria and standard specifications.
      2.   Review of Preliminary Plan: The planning commission shall hold a public hearing on the preliminary plan. The planning commission may recommend the council approve, approve with conditions, or deny a preliminary plan for PUD based on the following considerations:
         (a)   The consistency of the proposed planned unit development with the adopted comprehensive plan of the city.
         (b)   The extent to which the proposed planned unit development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character and sufficiency of drainage and utilities.
         (c)   The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area.
         (d)   That any exceptions to the underlying zoning district’s development standards are justified by the design or the development and meet one or more of the listed intents of a planned unit development in (A) of this section.
         (e)   The sufficiency of each planned unit development phase's size, composition, and arrangement to ensure that its construction and operation is feasible without dependence upon any subsequent phase.
         (f)   The burden or impact created by the planned unit development on parks, schools, streets, and other public facilities and utilities.
         (g)   The impact of the planned unit development on environmental quality and on the reasonable enjoyment of the surrounding property.
         (h)   The enhanced character of design of the PUD that explains the need for flexibility from the underlying zoning district’s development standards.
      3.   City Council Action on Preliminary Plan: The city council after receiving recommendation from the planning commission shall review the preliminary plan. The council may recommend approval, approval with conditions, or deny a preliminary plan for PUD based on the following considerations:
         (a)   The consistency of the proposed planned unit development with the adopted comprehensive plan of the city.
         (b)   The extent to which the proposed planned unit development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character and sufficiency of drainage and utilities.
         (c)   The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area.
         (d)   That any exceptions to the underlying zoning district’s development standards are justified by the design or the development and meet one or more of the listed intents of a planned unit development in (A) of this section.
         (e)   The sufficiency of each planned unit development phase's size, composition, and arrangement to ensure that its construction, and operation is feasible without dependence upon any subsequent phase.
         (f)   The burden or impact created by the planned unit development on parks, schools, streets, and other public facilities and utilities.
         (g)   The impact of the planned unit development on environmental quality and on the reasonable enjoyment of the surrounding property.
         (h)   The enhanced character of design of the PUD that explains the need for flexibility from the underlying zoning district’s development standards.
   (F)   Final Plan Approval:
      1.   Submittal: A final plan shall be submitted with an application for final plan approval within one (1) year of council approval of the preliminary plan unless a written request for an extension is submitted by the applicant. If an application for final approval or a request for an extension is not received within one (1) year, the preliminary plan will be considered abandoned and a new application for a preliminary plan must be submitted following the preliminary plan procedure.
      2.   Application Review: The city council shall review the final plan after filing of the application for final plan approval.
      3.   Substantial Compliance: The final plan shall be in substantial compliance with the approved preliminary plan. "Substantial compliance" shall mean:
         (a)   The number of residential living units has not been increased.
         (b)   The floor area of nonresidential uses has not been increased.
         (c)   Open space has not been decreased or altered to change its original intended design or use.
         (d)   All special conditions prescribed on the preliminary plan by the applicant or any of the reviewing bodies have been incorporated into the final plan.
      4.   Additional Data and Documents: The application for final plan approval shall be accompanied by the following data and documents:
         (a)   All the information contained in the preliminary plan plus any alterations or corrections required by the city council.
         (b)   Proposed zoning changes with legal descriptions of all district boundaries.
         (c)   Deed restrictions, covenants, agreements, bylaws or proposed homeowners' associations and other documents controlling the use of property, type of construction or development of the activities of future residents.
         (d)   A signed and executed developer's agreement.
         (e)   A subdivision plat suitable for recording in the office of the register of deeds of the county.
      5.   Annual Review: The planning commission shall review all planned unit development districts within the city at least once each year until project completion and shall make a report to the city council on the status of the development in each of the planned unit development districts. If the city council finds that development has not occurred within a reasonable time after the original approval, the city council may instruct the planning commission to initiate rezoning to just the underlying zoning district by removing the planned unit development overlay district from the official zoning map.
      6.   Amendments and Control:
         (a)   Amendments may be made in the approved final plan when they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the city.
         (b)   Minor changes in the location, siting and height of buildings and structures may be authorized by the planning staff if required by engineering or other unforeseen circumstances.
         (c)   All other changes in use, rearrangement of lots, blocks and open space must be authorized by the city council under procedures outlined for amendment of the zoning title. (Ord. 002-469, 2-19-2002; amd. Ord. 003-498, 9-15-2003; Ord. 021-761, 8-16-2021)