(A) Purpose.
(1) The primary purpose of a Planned Unit Development (PUD) is to permit a more creative and flexible regulatory process in guiding land development as compared to the standard development regulations of this chapter. The PUD process provides a joint planning/design effort by the city and the applicants, as opposed to the city establishing limits within which applicants must perform. The intent is to provide a greater degree of creativity and flexibility and promote the health, safety, order, convenience, prosperity, and general welfare of the city and its inhabitants.
(2) Benefits resulting from a PUD may include the following opportunities:
(a) To promote more efficient and effective use of land, open space, and public facilities;
(b) To preserve, enhance, and protect desirable site characteristics, open spaces, and valuable natural resources;
(c) To benefit from new technology in building design and construction;
(d) To encourage variety in the organization and site elements, land uses, building densities, and building types and to promote higher standards of site and building design for all PUD projects;
(e) To assure that the development of a complex unit of associated uses is planned as a single entity and to effectuate the policies and standards of the Comprehensive Plan.
(B) Rules and standards.
(1) Applicants may be excused from certain requirements of this chapter when specifically approved as part of the PUD. The elimination of requirements shall only be allowed for the purpose of creating better overall design and an improved living environment and not solely for the economic advantage of the applicant. All provisions of this chapter not specifically excused in the preliminary plan review and/or final plan review shall apply to the PUD.
(2) The granting of a PUD does not alter in any manner the underlying zoning district uses. Building permits shall not be issued which are not in conformity with the approved PUD.
(3) PUDs may be utilized in all zoning districts except for conservancy, rural residential, and agriculture districts.
(C) Development standards. The development standards for PUDs shall be guided by the underlying zoning district and established with PUD approval, with the exception of the following standards:
(1) Minimum area for residential PUDs. The minimum total area required for a PUD shall be 7.5 acres of contiguous upland (excluding wetlands). Tracts of land of less than 7.5 acres contiguous upland (excluding wetlands) may qualify only if the applicant can show that the minimum lot area requirement should be waived because a PUD is in the public interest and that 1 or more of the following conditions exist:
(a) Unusual physical features of the property itself or of the surrounding neighborhood are such that development under the standard provisions of the normal district would not allow a physical or terrain feature of importance to the neighborhood or community to be preserved;
(b) The property is adjacent to or across the street from property that has been developed under the provisions of this section and will contribute to the amenities of the neighborhood;
(c) The development of the property as a PUD will provide the city with other significant on-site or off-site benefits or amenities.
(2) Residential densities. A PUD may provide for a variety of housing types in any one of the basic residential zoning districts. The total number of dwelling units allowed in a development shall be determined by either of the following:
(a) The area standards of the underlying zoning district in which the proposed development is to be located;
(b) The density specified by the PUD is consistent with the intent of the city’s Comprehensive Plan. A plan may provide for a greater number of dwelling units per acre than would otherwise be permitted by the Comprehensive Plan. However, the applicant has the burden of showing that such increases in units will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property owners of their properties. The city, in determining the reasonableness of the increase in the authorized dwelling units per acre, shall recognize that increased density may be compensated for by additional private amenities and by increased efficiency in public facilities and services to be achieved by:
1. The location, amount, and proposed use of common open space;
2. The location, design, and type of dwelling units; and
3. The physical characteristics of the site.
(3) Multi-family, commercial, and industrial sites. All multi-family, commercial, and/or industrial sites shall at a minimum have 2 principal buildings or 2 principal uses on-site to qualify as a PUD. All multi-family, commercial, and/or industrial sites that have 2 or more principal buildings must be processed as a PUD.
(4) Open space. A primary function for all PUDs is to encourage development that preserves and enhances the natural characteristics and valuable natural resources of a site and not force intense developments that use all portions of a given site to arrive at the maximum intensity or density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. All open space shall be labeled as such and as to its intent or designed functions.
(5) Relationship to adjacent areas. The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be designed to minimize any undesirable impact of the development on adjacent properties and, conversely, to minimize any undesirable impact of adjacent land use and development characteristics on the PUD.
(D) Procedure and administration.
(1) Pre-application meeting. Prior to submission of any plan for consideration of the Planning Commission, the applicant shall meet with the city to discuss the contemplated project relative to community development objectives for the area in question to learn what procedural steps and exhibits shall be required. In the event the proposed development of the land is not in conflict with the community development objectives, the applicant may proceed to concept plan review.
(2) Concept plan review. Before submitting an application for preliminary plan review, the applicant may request that the Planning Commission review a concept of the proposed PUD. The concept plan review allows the applicant to receive general, non-binding feedback from the Planning Commission before the applicant prepares and submits a more detailed application for preliminary plan review.
(3) Preliminary plan review. The applicant for a PUD shall apply for preliminary plan review (see division (E) of this section for submittal requirements). The Planning Commission shall make a recommendation to the City Council to approve or deny the preliminary plan and the Council shall take final action on the application. City Council approval of the preliminary plan indicates that the applicant can proceed on to final plan review.
(4) Final plan review. The applicant shall secure final plan review approval from the City Council within 1 year following the date of approval of the preliminary plan review. If application for final plan review approval is not received within 1 year, the preliminary plan review will be considered abandoned and a new application for preliminary plan review must be submitted. After receiving a recommendation from the Planning Commission, the City Council shall make final determination on approval of the final plan review.
(5) Application. A PUD requires a preliminary plan and final plan review application. An application and submittal requirements shall be filed in writing with the city.
(6) Fees. The required application fee shall accompany applications for preliminary plan and final plan review. The applicant shall pay fees as set forth by the City Council.
(7) Public hearing and notices. All applications for review of a Planned Unit Development proposal, except concept review, require a public hearing and shall be noticed and processed according to the standards and procedures for zoning ordinance text and map amendments as established in § 153.037.
(8) Development agreements. A development agreement shall be required to be executed reflecting all terms and conditions of the approved Planned Unit Development plans and financial requirements.
(E) Preliminary plan review submittal requirements. The application for preliminary plan review shall be accompanied by supporting information as listed below or as deemed necessary by the city to fully explain the property, the applicant, and the proposed development. The application may include further information as the applicant deems appropriate for preliminary plan review of the proposed PUD. The city may require additional information depending on the complexity of the proposal. The supporting information and an application form shall be submitted in a format as directed by the city and, at a minimum, shall contain the following:
(1) A written statement generally describing the proposed PUD and the market which it is intended to serve. The statement shall also demonstrate the proposed PUDs relationship to the city’s Comprehensive Plan and how the proposed PUD is to be designed, arranged, and operated to permit the development and use of neighboring property in accordance with the applicable provisions of the City Code. The statement shall also include the public decisions necessary for implementing the proposed plan, including the present and possible new zoning classifications required for development;
(2) A legal description of the entire area within the PUD for which final plan review approval is sought;
(3) A preliminary plat prepared in accordance with the city’s subdivision regulations;
(4) A preliminary plan drawing to a scale of not less than 1 inch equals 50 feet (or scale as requested by the city) containing at a minimum the following information:
(a) Proposed name of the development;
(b) Property boundary lines and dimensions of the property and any significant topographical or physical features of the site;
(c) The location, size, use, and arrangement, including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, including model homes and existing buildings that will remain, if any. Also, all required setback lines shall be depicted;
(d) Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces, and access aisles, and all other circulation elements, including bike and pedestrian, and the total site coverage of all circulation elements;
(e) Location, designation, and total area of all common private open space and facilities;
(f) Location, designation, and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites, and recreational facilities;
(g) The location, use, and size of structures and other land uses on adjacent properties; and
(h) Where applicable, a tabulation indicating the number of residential dwelling units and expected population and a tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity.
(5) A preliminary landscape plan showing groundcover materials and the areas to be landscaped with the location, size, and species of all trees, shrubbery, and groundcover;
(6) A preliminary grading, drainage, and site alteration plan for the development illustrating changes to existing topography and natural site vegetation and all appropriate protection measures taken during construction;
(7) A preliminary lighting plan illustrating the location, types of devices, and photometric data;
(8) A preliminary signage plan illustrating the sizes, location, and overall program;
(9) A traffic flow plan and analysis;
(10) Solid waste disposal procedures and provisions;
(11) Proof of a property interest in the site which shall consist of a fee simple title, or an option to acquire a fee simple title within a specified time period, or a leasehold interest in excess of 30 years, or a substantial interest in a joint venture agreement, real estate investment trust, or other real estate syndication that can obtain a fee simple title or marketable title subject to certain restraint which will not substantially restrict its development within a reasonable time. All mortgages, including purchase money mortgages, easements restricting land use, and liens and judgments that may affect the site, shall be documented. The applicant shall supply proof of existing ownership consisting of an abstract of title, certified currently, a current certificate of title, or an attorney’s title opinion based thereon, together with any unrecorded documents whereby the applicant acquired a legal or equitable property interest;
(12) Any other information that may have been required by the city staff, Planning Commission, or City Council in conjunction with the approval of preliminary plan review.
(F) Final plan submittal requirements. The application for final plan approval shall be accompanied by development plans of the proposed PUD and supporting information as listed below or as deemed necessary by the city. All material shall be submitted together in a format as directed by the city and shall include the following:
(1) A final site plan, grading plan, utility plan, landscaping plan, lighting plan, building elevations, sign plan, and all applicable data as aforementioned in division (E)(4) and § 153.035, as deemed necessary depending upon the complexity of the proposal. One transparent Mylar copy of the final development plans, should they be approved, shall be filed with the city within 60 days of the approval.
(2) A final plat in accordance with the requirements of the city’s subdivision ordinance.
(3) A legal submission component, including any deed restrictions, covenants, agreements, by-laws, or proposed homeowner’s association or other documents or contracts controlling the use or maintenance of the property. Where the information is lacking, the City Council may require a bond or similar guarantee to insure that areas held in common by persons residing in the development will be developed and maintained.
(4) A final construction plan indicating the geographical sequence and timing of development for the plan or portions thereof, including the date of beginning and completion of each stage.
(5) Any other information necessary to fully represent the intentions of the final plan.
(G) Criteria and Procedure for granting a PUD. The Planning Commission may recommend and the City Council may act to approve or deny a preliminary or final plan for a PUD. The City Council shall review the submitted application and recommendation from city staff and make a final decision. The final decision of the City Council shall include all conditions or modifications to the application. The Planning Commission, in making a recommendation, and the City Council, in acting upon a plan, shall consider the following factors. However, nothing herein shall be meant to guarantee approval of the PUD:
(1) The consistency of the proposed PUD with the city’s Comprehensive Plan;
(2) The proposed use’s compliance with the standards and criteria of the zoning code and subdivision regulations;
(3) The extent to which the proposed PUD 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;
(4) The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area;
(5) The impact of the proposed uses on the health, safety, and general welfare of the occupants of the surrounding area;
(6) The burden or impact created by the PUD on parks, schools, streets, and other public facilities and utilities;
(7) The sufficiency of each phase of the PUD to ensure its construction and operation is feasible without dependence upon any subsequent phase;
(8) The impact of the PUD on environmental quality, property values, scenic views, and reasonable enjoyment of the surrounding area; and
(9) That any exceptions to city code, policy, or regulations are justified by the design or development of the proposed use.
(H) Final plan revisions.
(1) Minor changes in the location, placement, and heights of buildings or structures may be authorized by the city if required by engineering or other circumstances not foreseen at the time the final plan review was approved.
(2) Major changes such as rearrangement of lots, blocks, and building tracts or any other significant changes as determined by the city shall be reviewed by the Planning Commission with recommendation to the City Council. Upon Planning Commission recommendation the City Council shall make final approval. Any changes shall be consistent with the purpose and intent of the approved final plan review.
(I) Method of amending a PUD. Any desired change involving density, use, building type, enlargement, or intensification of the use not specifically allowed by a particular PUD, or any request for a variance from the specific terms of a previously passed PUD, shall require that an application be filed for an amendment and all procedures shall then apply as required for a new plan application.
(J) Method of cancellation of a PUD. Any existing approved PUD shall be deemed to be canceled if the owner of the land involved in the permit applies for and receives a rezoning with respect to the property prior to the time that there is any physical implementation of the matters covered by the previously approved PUD. In addition, an existing PUD shall be deemed to be automatically canceled in the event that a final plat, if the same is required in connection with the application, is not filed with Washington County as required by and in accordance with the terms of the city subdivision regulations within 120 days following final approval of the PUD by the City Council. The PUD shall expire and be considered null and void 1 year after it has been issued if no construction has begun or if use has not been established. In all other situations, an existing PUD shall be canceled and revoked, short of expiring according to its own terms, only in the event of the city, acting in accordance with law and due process, taking some rezoning action that supersedes the PUD.
(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 648, passed 9-28-2015)