(A) Purpose. Planned Unit Development (PUD) and Traditional Neighborhood Development (TND) districts are intended to apply to mixed use or unique single use projects to provide design flexibility not available through strict application and interpretation of the standards established in §§ 154.201 through 154.209. The purpose of the PUD/TND zones is to provide design flexibility as described in §§ 154.301 through 154.303. PUD/TND rezonings should be used only when long-term community benefits that may be achieved through high quality development will be derived. Long term community benefits include without limitation:
(1) More efficient infrastructure;
(2) Reduced traffic demands;
(3) A greater quality and quantity of public and/or private open space;
(4) Other recreational amenities;
(5) Needed housing types and/or mix;
(6) Innovative designs; and/or
(7) Protection and/or preservation of natural resources.
(B) Outline Development Plan (ODP). The purpose of an ODP is to demonstrate conformance with the Comprehensive Plan, compatibility of land use and coordination of improvements within and among individually platted parcels, sections or phases of a development prior to the approval of a preliminary plan. At ODP, the proposed zoning for the entire property or for each pod designated for development on the plan is established. This step is recommended for larger, more diverse projects that are expected to be developed over a long period of time. Through this process, the general pattern of development is established with a range of densities and intensities assigned to individual pods that will be the subject of future, more detailed planning.
(1) Applicability. An outline development plan is an optional, but encouraged first step prior to an application for a preliminary development plan for a parcel of at least 20 acres.
(2) Approval criteria. An ODP application shall demonstrate conformance with all of the following:
(a) The Comprehensive Plan, Major Street Plan and other adopted plans and policies;
(b) The rezoning criteria provided in § 154.920(C);
(d) The applicable corridor guidelines and other overlay districts;
(e) Adequate public services and facilities being provided concurrent with the projected impacts of the development;
(f) Adequate circulation and access being provided to serve all development pods/areas to be developed;
(g) Appropriate screening and buffering of adjacent property and uses being provided;
(h) An appropriate range of intensity/density of uses for the entire property or for each development pod/area to be developed;
(i) An appropriate set of default or minimum standards for the entire property or for each development pod/area to be developed;
(j) An appropriate phasing or development schedule for the entire property or for each development pod/area to be developed.
(3) Decision-maker. The Zoning Administrator and Zoning Board of Appeals shall make recommendations and the City Council shall approve, conditionally approve, or deny all applications for an ODP.
(4) Application and review procedures. Application requirements and processing procedures are described in Table 154.918.1 and § 154.919, with the following modifications:
(a) Simultaneous review of other plans. An applicant may file an ODP with a preliminary development plan, as determined by the Zoning Administrator at the pre-application conference.
(b) Validity. The effective period of the ODP/phasing schedule shall be determined concurrent with ODP approval.
(c) Required subsequent approvals. Following approval of an ODP, a preliminary development plan approval and a subsequent final development plan approval shall be required before any development activity can occur.
(C) Preliminary development plan.
(1) Applicability.
(a) Approved ODP. If the property has an approved ODP, the purpose of the preliminary development plan is to ensure consistency with the uses, density/intensity, bulk, performance, and other standards of the approved ODP and proposed PUD or TND rezoning ordinance for the specific area included in the preliminary plan. Unless specified otherwise with the ODP, the applicant shall have the option of proposing either a PUD/TND district or a PUD/TND site. Typically, the PUD/TND rezoning ordinance is acted upon at this stage concurrent with action on the preliminary plan. However, should the City Council find that a preliminary plan lacks sufficient detail to ensure that future development will be of the intensity and quality proposed by the applicant and as envisioned by the City Council, it may defer action on the PUD rezoning ordinance until the final plan stage.
(b) No approved ODP. If the property has no approved ODP, the purpose of this stage is to answer the question, "Should this use, with this specific intensity/density, designed in this particular manner, be constructed on this site?" In designing the plan, the applicant shall have the option of proposing either a PUD/TND district or a PUD/TND site. Typically, the PUD/TND rezoning ordinance is acted upon at this stage concurrent with action on the preliminary plan. However, should the City Council find that a proposed preliminary plan lacks sufficient detail to ensure that future development will be of the intensity and quality proposed by the applicant and as envisioned by the City Council, it may defer action on the PUD/TND rezoning ordinance until the final plan stage.
(2) Review criteria. A preliminary development plan application shall demonstrate conformance with all of the following:
(a) The ODP review criteria in division (B) above;
(b) The applicable preliminary plat criteria in Chapter 153, Subdivision Regulations;
(c) The applicable site plan review criteria in § 154.914;
(d) The approved ODP, if applicable;
(e) An appropriate, specific density/intensity of uses for all areas included in the preliminary plan approval; and
(f) For a PUD/TND District, the area of the plan is at least five acres in size or as specified in an applicable approved ODP, or as identified in § 154.301.
(3) Decision-maker. The Zoning Administrator and Zoning Board of Appeals shall make recommendations and the City Council shall approve, conditionally approve, or deny all applications for a preliminary development plan and, at its discretion, the accompanying PUD/TND rezoning ordinance.
(4) Application and review procedures. Application requirements and processing procedures are described in Table 154.918.1 and § 154.919, with the following modifications:
(a) Concurrent review of the PUD/TND rezoning ordinance. The rezoning ordinance shall be considered concurrently with the preliminary plan. However, should the City Council find that a proposed district or site lacks sufficient detail to ensure that future development will be of the intensity and quality proposed by the applicant and envisioned by the City Council, it may defer action on the PUD/TND rezoning ordinance until the final plan stage.
(b) Required concurrent review of subdivision. A preliminary plat shall be submitted and reviewed concurrently with a preliminary development plan.
(c) Density/intensity transfer. If the property has an approved ODP, density/intensity of uses may not be transferred between development pods/areas to be developed unless explicitly provided for with the ODP approval or by amending the OPD in the same manner as originally approved.
(d) Validity. The effective period of the preliminary development plan shall be as determined by the ODP approval, if applicable, or at the time of preliminary plan approval.
(e) Required subsequent approvals. Following approval of a preliminary development plan, final development plan approval shall be required before any development activity can occur.
(D) Final development plan.
(1) Applicability. The final development plan and final subdivision plat where applicable, the blueprint for development of a PUD/TND project. The plan and the plat ensure consistency with the approved preliminary development plan and specific development and constructions requirements of various adopted codes. No building permit shall be issued until final plan approval is obtained.
(2) Review criteria. A final development plan application shall demonstrate conformance with all of the following:
(a) The approved ODP, if applicable;
(b) The approved preliminary development plan;
(c) The approved preliminary plat;
(d) The approved PUD/TND rezoning ordinance;
(e) All other applicable development and construction codes, ordinances, and policies;\
(f) The applicable site plan review criteria in § 154.914; and
(g) The applicable final plat criteria in Chapter 153, Subdivision Regulations.
(3) Decision-maker. The Zoning Administrator shall make a recommendation and the Zoning Board of Appeals shall approve, conditionally approve, or deny all applications for a final development plan, unless the City Council in its discretion required the final plan be returned to it for final action. In such cases, the Zoning Administrator and Zoning Board of Appeals shall provide recommendations concerning the final plan.
(4) Application and review procedures. Application requirements and processing procedures shall comply with those described in Table 154.918.1 and § 154.919, with the following modifications:
(a) Concurrent review of PUD/TND rezoning ordinance. If the rezoning ordinance was not acted upon at the preliminary stage, it shall be acted upon concurrently with the final plan review. A final plan shall not be valid unless and until a corresponding PUD/TND rezoning ordinance has been approved.
(b) Required concurrent review of subdivision. Unless specified otherwise at the time of preliminary plan approval, if the form of preliminary plan approval was a site development plan, a final plat shall be submitted and reviewed concurrently with a final development plan; if the form of preliminary plan approval was a subdivision plan, a final plat may be approved and recorded prior to final plan approval.
(c) Review of covenants. The City Attorney shall review and approve all covenants and restrictions in the best interests of the City, as determined in the City Attorney's exercise of independent professional judgment prior to final development plan approval.
(d) Form of final action. If the final development plan is approved by the Zoning Board of Appeals, the surveyor or engineer shall then make any changes necessary or required to comply with final approval conditions.
(e) Recording. Upon final approval, the plan and plat shall be recorded. The final plat shall, at a minimum, contain all of the following information which is pertinent to the PUD/TND the setbacks; a list of approved and/or specifically excluded uses; and any pertinent conditions or stipulations which were previously made or imposed.
(E) Guarantees for public improvements. Except as provided herein, before the plan and plat are recorded, all applicants shall be required to complete, to the satisfaction of the Zoning Administrator and City engineer, all street, sanitary, and other public improvements, as well as lot improvements on the individual lots of the subdivision as required by this code. The required improvements shall be those specified in the approved construction plans as per the final subdivision approval. As a condition of final plan and plat approval, the city may permit the applicant to enter into a development improvements agreement and post a guarantee for the completion of all required improvements as per the Subdivision Code.
(F) Amendments to approved plans.
(1) PUD/TND rezoning ordinance. The use, density/intensity, bulk performance and default standards contained in an approved PUD/TND rezoning ordinance may be amended only as follows, unless specified otherwise in the rezoning ordinance:
(a) No use may be established that is not permitted in the PUD/TND without amending the rezoning ordinance through the rezoning process. Uses may be transferred between development pods/areas to be developed through an amendment to the ODP and/or preliminary development plan, as applicable, provided the overall density/intensity for the entire PUD/TND is not exceeded.
(b) The maximum and minimum density/intensity for the entire PUD/TND shall not be exceeded without amending the rezoning ordinance through the rezoning process. Density/intensity may be transferred between development pods/areas to be developed through an amendment to the ODP and/or preliminary development plan, as applicable, provided the overall density/intensity for the entire PUD/TND is not exceeded.
(c) The bulk, performance and default standards may not be amended for the entire PUD/TND or an entire development pod/area to be developed without amending the PUD/TND rezoning ordinance through the rezoning process. The bulk default standards may be varied on individual lots within the PUD/TND through an amendment to the preliminary development plan.
(2) Outline development plan. The approved outline development plan may be amended only with the approval of the City Council through the same process by which it was approved, unless the adopted PUD/TND rezoning ordinance provides otherwise. All subsequent preliminary development plans and final development plans must be consistent with the approved outline development plan and rezoning ordinance.
(3) Preliminary development plan. Unless the adopted PUD/TND rezoning ordinance provides otherwise, the approved preliminary development plan may be amended as follows:
(a) Minor amendments. The Zoning Administrator may approve the following amendments for individual lots within the area covered by a preliminary development plan provided all standards in the adopted PUD/TND rezoning ordinance are met:
1. Decreases in density and/or intensity so long as the character of the site is maintained;
2. Increases in gross floor area of up to 10% so long as the character of the site is maintained;
3. Changes in the location and type of landscaping and/or screening so long as the character and intent of the original design are maintained;
4. Changes in the orientation or location of parking areas and vehicular and pedestrian circulation areas so long as the effectiveness and character of the overall site circulation, parking and parking lot screening are maintained;
5. The reorientation, but not complete relocation, of major structures so long as the character of the site is maintained; and.
6. Changes in building design and materials so long as the character and intent of the original design are maintained.
(b) Major amendments applicable to only one lot. Any change not listed above as a minor amendment to an individual lot shall be deemed a major amendment. Such amendments shall be reviewed by the Zoning Board of Appeals and decided by the City Council using the same process as the preliminary development plan but with the following review criteria:
1. Only the bulk or performance standards may be varied;
2. The applicable variance review criteria in § 154.925; and;
3. The amendment shall not represent a significant unilateral change in any of the agreed upon deviations from the default standards.
(c) Major amendments applicable to more than one lot. All other amendments to the preliminary development plan shall be reviewed by the Zoning Board of Appeals and decided by the City Council using the same process and criteria used for preliminary plan review and approval.
(4) Final development plan. Amendments to the final development plan shall be decided by the Zoning Board of Appeals using the same process and criteria used for final development plan and review and approval.
(G) Lapse of plan and rezone.
(1) If a planned unit development, or any portion thereof, has not been completed in accordance with the approved development schedule, a "lapse" shall have occurred and the terms of all approved plans for incomplete portions of the PUD/TND shall be null and void. If a lapse occurs, the property shall be governed by the zoning district applied to the property immediately before the rezoning to PUD/TND, or an applicant may request a hearing before the Zoning Board of Appeals at which time a revocation of all prior approvals shall be considered. If the Zoning Board of Appeals determines that a lapse has occurred, the Zoning Administrator shall record an appropriate legal notice. The Zoning Administrator may, if he deems appropriate, initiate, without owner consent, a zoning change on a lapsed PUD/TND to another zone district.
(2) The above notwithstanding, the Zoning Administration may, in said Administrator's discretion, permit a single six-month extension to any part of or the entire approved development schedule.
(H) General provisions.
(1) Contractual agreement. Approval of a PUD/TND allows the development and use of a parcel of land under certain, specific conditions. No use of the parcel, nor construction, modification, or alteration of any use or structures within a PUD/TND project shall be permitted unless such construction, modification or use complies with the terms and conditions of an approved final development plan. Each subsequent owner and entity created by the developer, such as property owner's associations or an architectural review committee, shall comply with the terms and conditions of approval. The developer shall set forth the conditions of approval within the subdivision covenants. Such covenants shall be recorded with the final approved plan and plat.
(2) Transfer of ownership. No person shall sell, convey, or transfer ownership of any property or any portion thereof within a planned unit development zone until such person has informed the buyer of the property's status with respect to the planned unit development process and conditions of approval. The city shall bear no liability for any person's misrepresentation of terms and conditions of an existing approval.
(3) Planned unit development zone designation. The Zoning Administrator shall designate each approved PUD/TND on the official zoning map.
(Ord. O-5-04, passed 4-11-05)