A. Purpose. The purpose of the Planned Unit Development (PUD) is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character, and quality of new developments; to encourage a harmonious and appropriate mixture of uses; to facilitate the adequate and economic provision of streets, utilities, and City services; to preserve the natural environmental and scenic features of the site; to encourage and provide a mechanism for arranging improvements on sites so as to preserve desirable features; and to mitigate the problems which may be presented by specific site conditions. It is anticipated that Planned Unit Developments will offer one or more of the following advantages:
1. Reflect the policies of the Comprehensive Plan specific to the neighborhood in which the PUD is to be located;
2. Provide substantial buffers and transitions between areas of different land use and development densities;
3. Enhance the appearance of neighborhoods by conserving areas of natural beauty, and natural green spaces;
4. Counteract urban monotony and congestion on streets;
5. Promote architecture that is compatible with the surroundings;
6. Buffer differing types of land use and intensities of development from each other so as to minimize any adverse impact which new development may have on existing or zoned development;
7. Promote and protect the environmental integrity of the site and its surroundings and provide suitable design responses to the specific environmental constraints of the site and surrounding area; and
8. Effectuate implementation of the Comprehensive Plan.
B. Conformance. Planned Unit Development is an area under single ownership or control to be developed in conformance with an approved PUD master plan, consisting of a map showing the development area and all improvements to the development area, a text which sets forth the uses and the development standards to be met, and exhibits setting forth any aspects of the PUD master plan not fully described in the map and text. The map, exhibits, and text constitute a PUD master plan. The uses and standards expressed in the PUD master plan constitute the use and development regulations for the Planned Unit Development site in lieu of the regulations for the underlying district or zone.
C. Requirements.
1. The area designated in the Planned Unit Development map must be a tract of land under single ownership or demonstrated control. Single control of property under multiple ownership may be accomplished through the use of enforceable covenants and commitments, which run to the benefit of the Plan Commission.
2. The Concept Plan shall indicate the land use, development standards, and other applicable specifications of the Municipal Code, which shall govern the Planned Unit Development. If the Concept Plan is silent on a particular land use, development standard, or other specification of the Municipal Code, the standard of the underlying district or zone, the applicable regulations shall apply.
3. The Planned Unit Development map shall show the location of all improvements. The location of Planned Unit Developments shall be designated on the Official Zoning Map and adopted pursuant to this Division.
4. The Planned Unit Development must comply with all required improvements, construction standards, design standards, and all other engineering standards contained within the Municipal Code and other pertinent regulations, except where specifically varied through the provisions of this Section.
5. Designation and Conveyance of Permanent Open Space.
a. Definition. Permanent open space shall be defined as parks, playgrounds, waterways (as defined in paragraph b. of this subsection, landscaped green space, and natural areas, not residential yard space surrounding dwelling units, and not including schools, community centers or other similar areas in public ownership.
b. Designation. No plan for a Planned Unit Development shall be approved unless such plan provides for permanent landscaped or natural open space. A minimum of twenty-five percent (25%) of the proposed Planned Unit Development area shall be designated as Permanent Open Space. No more than thirty-five percent (35%) of the required permanent open space can be covered by water defined as the high- water elevation, including detention and retention ponds. The remaining permanent open space must be usable space, and the developer must provide the necessary facilities to make them usable.
c. In the case of mixed uses, permanent open space shall be allocated to the property in proportion to the uses assigned to the Planned Unit Development and shall be located in a reasonable proximity to those uses. Provided, however, the permanent open space need not be located in proximity to the use in the case of preservation of existing features.
d. If the Concept Plan provides for the Planned Unit Development to be constructed in stages, open space must be provided for each stage of the Planned Unit Development in proportion to that stage.
e. Conveyance. Permanent open space shall be conveyed in one of the following forms:
i. To a municipal or public corporation; or
ii. To a not-for-profit corporation or entity established for the purpose of benefiting the owners and tenants of the Planned Unit Development, or where appropriate and where approved by the Plan Commission and the Common Council, adjoining property owners, or both. All conveyances shall be structures to ensure that the grantee has the obligation and the right to effect maintenance and improvement of the common open space; and that such duty of maintenance and improvement is enforced by the owners and tenants of the Planned Unit development and, where applicable, by adjoining property owners; or
iii. To owners other than those specified in subsections i. and ii. above, and subject to restrictive covenants describing and guaranteeing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners; or both; or
iv. Uses permitted in a Planned Unit Development may be any use which is found in the Master List of Uses by Zone and District, Division II, Sec. 10-02-11, subject to the approval of the Plan Commission and Common Council.
D. Procedure for Approval.
1. Introduction. Application shall be accompanied by all plans and documents required by Sec. 10-03-17 E. A three-step application process shall be used. The steps in the process are:
a. Pre-Design Conference;
b. Concept Plan Approval; and
c. PUD Master Plan Approval.
2. Pre-Design Conference. Prior to filing a formal application for approval of a Planned Unit development, the applicant shall schedule a pre-design conference with the planning staff. The purpose of the pre-application conference shall be to:
a. Allow the applicant to present a general concept and to discuss characteristics of the development concept in relation to adopted City policies.
b. Allow the planning staff to inform the applicant of applicable policies, standards, and procedures for the Planned Unit Development.
c. The pre-design conference is intended only for the above purposes. Neither the developer nor the jurisdiction is bound by any decision made during a pre-application conference.
3. Procedure for Concept Plan Approval (PUD Rezoning)
a. The Concept Plan, application for the Planned Unit Development, and written development standards shall be submitted to the Planning Director. Written development standards shall include, at a minimum, the following information:
i. Minimum lot size;
ii. Maximum height;
iii. Minimum setbacks;
iv. Maximum floor area;
v. Minimum open space;
vi. Any other relevant development standard, as determined by planning staff. The planning staff shall certify the application to be complete. Planning staff shall initiate review of complete applications by the technical review committee.
b. Review.
i. The application and the results of the review shall then be forwarded to the Plan Commission for its consideration, public hearing, and recommendations, together with the Planning Department’s report and such other documents as may be pertinent to the Planned Unit Development.
ii. The Plan Commission shall hold a public hearing in accordance with its Rules of Procedure.
iii. Where there are environmentally sensitive features on the site or the PUD master plan is expected to be complex, or there are other important planning implications involved, the Plan Commission shall review the PUD master plan. And, where the Plan Commission recommends denial of a Concept Plan and the Common Council approves the plan, the Plan Commission shall review the PUD master plan.
iv. Upon completion of its review, the Plan Commission shall certify the application to the Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation.
v. The Common Council shall vote on the proposal within ninety (90) days after the Plan Commission certifies the proposal. The Common Council may adopt or reject the proposal. If the Plan Commission has given the proposal a favorable recommendation and the Common Council fails to act on the proposal within ninety (90) days, the Ordinance takes effect as if it had been adopted as certified ninety (90) days after certification. If the Plan Commission has failed to make a recommendation or has given the proposal an unfavorable recommendation and the Common Council fails to act on the proposal within ninety (90) days , the proposal is defeated.
c. Effect of Approval of Concept Plan
i. When a PUD Concept Plan has been approved by the Common Council, the PUD zoning shall become effective and its location shall be shown on the Official Zoning Map. The Official Zoning Map shall be amended to designate the site as a Planned Unit Development.
ii. Upon such amendment of the Official Zoning Map, the use and development of the site shall be governed by the Planned Unit Development Concept Plan, subject to approval of a PUD master plan.
iii. No permit of any kind shall be issued until the PUD master plan has been approved.
d. PUD Master Plan.
i. Purpose of PUD Master Plan Approval. The purpose of the PUD master plan is to designate the controls for development of the Planned Unit Development. The PUD master plan shall show the exact location of each building and improvement to be constructed and a designation of the specific internal use or range of uses to which each building shall be put.
ii. Time Limit for PUD Master Plan Approval. The PUD master plan shall be submitted to the Planning Department not more than eighteen (18) months following Common Council approval of the Concept Plan. The Concept and PUD master plans may be submitted as a single plan if all requirements herein are met. The PUD master plan may be submitted and approved in stages, with each stage representing a portion of the Concept Plan, at the discretion of the Plan Commission. The time limit for submitting each stage for approval may be set forth in the Concept Plan, in which case that schedule shall control the timing of development, rather than the time period contained in this paragraph. The Plan Commission may extend the time for application for approval of the PUD master plan for good cause, consistent with the purposes of this Ordinance.
e. Expiration of Time Limit.
i. Periodically, the planning staff shall report to the Plan Commission on Planned Unit Developments whose time limits have expired. The applicants shall be notified. The Plan Commission shall determine whether to consider extending the time or to initiate action to amend the Official Zoning Map so as to rescind the Planned Unit Development designation.
ii. Relationship of Development and Concept Plan. The PUD master plan shall conform to the Concept Plan as approved.
iii. Procedure for approval of a PUD master plan shall be:
1) The PUD master plan and supporting data shall be filed with the planning staff.
2) The planning staff shall review the PUD master plan to include site plan review, in accordance with the requirements of this Ordinance (Development Plans).
3) If the Plan Commission has retained PUD master plan approval authority, as provided herein, or where a new PUD master plan is required, the Plan Commission shall hold a public hearing in accordance with its Rules of Procedure. The Plan Commission may approve, deny, or approve with modifications.
4) Staff Approval. If the Plan Commission has authorized staff to approve any PUD master plans during the PUD concept plan approval process, staff shall have approval authority for said PUD master plans. Staff decisions may be appealed by the property owner to the Plan Commission.
iv. Expiration of PUD master plan. The PUD master plan shall expire two (2) years after approval, unless grading and/or building permits have been obtained and site work is still current and valid on that date. This rule shall also apply to each stage of a PUD master plan approved in stages. The applicant may request an extension of time in writing, and the approving authority may extend the time limit where appropriate. Such extension may be considered at the time of PUD master plan approval.
v. Effect of Approval of PUD Master Plan. No permit of any kind shall be issued for any purpose within a Planned Unit Development except in accordance with the approved PUD master plan, and after acceptance by the City of all required guarantees for improvements herein.
E. Contents of Plans. PUD master plan and supporting data shall include all documentation listed in this subsection unless certain documentation is deemed superfluous by the planning staff due to the specific circumstances of the particular request.
1. Pre-Design Conference Requirements.
a. A written letter of intent from the applicant describing the applicant’s intention for developing the site. This letter shall set forth proposed uses and developmental standards.
b. A scaled drawing of the site, in simple sketch form, showing the proposed location and extent of the land uses, major streets, and the approximate location of all existing easements, natural features, and topographic or geologic constraints.
2. Concept Plan Requirements.
a. A drawing of the Planned Unit Development shall be prepared at a scale not less than 1"=50', or as considered appropriate by the planning staff, and shall show in concept major circulation; generalized location and dimensions of buildings, structures, and parking areas; open space areas, recreation facilities, and other details to indicate the character of the proposed development. The submission shall include:
i. A site location map.
ii. The name of the development, with the words “Concept Plan”.
iii. Boundary lines and acreage of each land use component.
iv. Existing easements, including location, width and purpose.
v. Existing land use on abutting properties.
vi. Other conditions on adjoining land; topography (at two (2)-foot contours) including any embankments or retaining walls; use and location of major buildings, railroads, power lines, towers and other influences; name of any adjoining subdivision plat.
vii. Existing streets on and adjacent to the tract, including street name, right-of-way width, walks, curbs, gutters, and culverts.
viii. Proposed public improvements; streets and other major improvements planned by the public for future construction on or adjacent to the tract.
ix. Existing utilities on the tract.
x. Any land on the tract within the one hundred (100)-year floodplain.
xi. Other conditions on the tract, including water courses, wetlands, sinkholes, wooded areas, isolated trees six inches (6") or more in diameter, existing structures and other significant features.
xii. Existing vegetation to be preserved and the locations, nature, and purpose of proposed landscaping.
xiii. Map data such as north point, scale and date of preparation.
b. Written Statement of Character of the Planned Unit Development. An explanation of the character of the Planned Unit Development and the reasons why it has been planned to take advantage of the flexibility of these regulations. The written statement shall be considered the proposed draft ordinance, and shall include:
i. A specific explanation of how the proposed Planned Unit Development meets the objectives of all adopted land use policies which affect the land in questions.
ii. Ownership. A statement of present and proposed ownership of all land within the project including the beneficial owners of a land trust.
iii. Development scheduling indicating:
1) Stages in which the project will be built, including the area, density, use, public facilities, and open space to be developed with each stage. Each stage shall be described and mapped.
2) Projected dates for beginning and completion of each stage.
iv. Proposed uses.
1) Residential Uses: gross area, architectural concepts (narrative, sketch, or representative photo), number of units, bedroom breakdown, and proposed occupancy limits for each residential component.
2) Nonresidential Uses: specific nonresidential uses including gross areas, architectural concepts (narrative, sketch, or representative photo), and building heights.
v. Facilities Plan. Preliminary concepts and feasibility reports for:
1) Roads.
2) Sidewalks.
3) Sanitary Sewers.
3) Stormwater Management.
4) Water Supply System.
5) Street Lighting.
6) Public Utilities.
c. Miscellaneous. The planning staff shall inform the applicant of any additional documents or data requirements after the pre- application conference.
d. Traffic Analysis. If requested by the planning staff or the Plan Commission, a study of the impact caused by the Planned Unit Development and any measures proposed to accommodate that impact.
e. Notification. The petitioner shall notify all interested property owners, as directed by the Plan Commission’s Rules of Procedure, of the proposed Planned Unit Development and the scheduled hearing date. Notices shall include a reduced copy of the proposed concept plan and a copy of the proposed uses section of the written statement of character of the Planned Unit Development.
3. PUD Master Plan Requirements. The application for PUD Master Plan approval shall include, but not be limited to, the following documents:
a. Such additional information as may have been required by the Concept Plan approval.
b. An accurate map exhibit of the entire phase for which PUD master plan approval is being requested, which complies with the requirements of this Ordinance (Development Plans). Single family residential development on individual lots need not show precise locations of buildings on each lot, but plans shall show setback and other bulk constraints.
c. If lands to be subdivided are included in the Planned Unit Development, a subdivision plat meeting the requirements of a preliminary plat, as modified by the Concept Plan approval, is required where platting is to be done concurrent with the PUD master plan approval.
d. Projected construction schedule.
e. Agreements and covenants which govern the use, maintenance, and continued protection of the Planned Unit Development and its common spaces, shared facilities, and private roads.
f. Guarantee of Performance for Completion of Improvements. A bond or other guarantee acceptable to the City shall be provided for all required improvements and shall be executed at time of permit application or platting, whichever comes first. Improvements that must be guaranteed include facilities which shall become public and may include other facilities or improvements as may be specified in the Concept or PUD master plan approval. If the project is to be built in phases, the guarantee shall specify the time for completion of improvements and shall be in an amount of one hundred twenty-five percent (125%) of the estimated cost of the improvement.
F. Review Considerations. In their consideration of a Planned Unit Development Concept Plan, the planning staff in its report to the Plan Commission, the Plan Commission in its recommendation, and the Common Council in its decision, shall consider as many of the following as may be relevant to the specific proposal.
1. The extent to which the Planned Unit Development meets the purposes of this Ordinance, the Comprehensive Plan, and any other adopted planning objectives of the City.
2. The extent to which the proposed plan meets the requirements, standards, and stated purpose of the Planned Unit Development regulations.
3. The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, bulk, use required improvements, and construction and design standards and the reasons which such departures are or are not deemed to be in the public interest.
4. Whether proposal will not be injurious to the public health, safety, and general welfare.
5. The physical design of the Planned Unit Development and the extent to which it makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated permanent open space, and furthers the amenities of light and air, recreation, and visual enjoyment.
6. The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood, and whether the proposed plan would substantially interfere with the use or diminish the value of adjacent properties and neighborhoods.
7. The desirability of the proposed plan to the City’s physical development, tax base, and economic well-being.
8. The proposal will not cause undue traffic congestion and can be adequately served by existing or programmed public facilities and services.
9. The proposal preserves significant ecological, natural, historical, and architectural resources to the extent possible.
G. Changes in the Planned Unit Development.
1. Changes Requiring New Concept Plan Approval by the Common Council. Changes which alter the concept or intent of the Planned Unit Development including but not limited to:
a. Significant changes in the proportion or allocation of land uses;
b. Changes in the list of approved uses;
c. Changes in the location of uses;
d. Changes in functional uses or open space, where such change constitutes and intensification of use of the open space; and/or
e. Changes in the final governing agreements where such changes conflict with the Concept Plan approval.
2. The following changes are considered major modifications to the PUD master plan and shall require new PUD master plan approval by the Plan Commission. Major modifications shall include, but are not limited to, the following:
a. Changes in site design requirements such as location of required landscaping, signage, building height, cube and/or footprint, or other such requirements of this Ordinance;
b. Increases in the number or size of signs;
c. Reduction in landscaping;
d. Reduction of parking spaces or setbacks by five percent (5%) or more;
e. Increase in building square footage or height of ten percent (10%) or more;
f. Density increases by ten percent (10%) or more;
g. Changes to the internal street system or off-street parking areas which the City Engineer considers to be significant;
h. Significant changes in drainage management structures, as determined by the City Engineer;
i. Changes in access to the development site, where such change amounts to an intensification in the traffic patterns of roadways; and/or
j. All other changes not expressly addressed under subsection G.2. shall require new PUD master plan approval by the Plan Commission.
3. The following changes are considered minor modifications to the PUD master plan and may be approved by the Planning Director. The Planning Director may choose to send a minor modification request directly to the Plan Commission, if in his opinion it would be in the best interest of the community, or if the request appears to be controversial. The Planning Director’s decision may be appealed to the Planning Commission by the property owner. Minor modifications shall include, but are not limited to, the following:
a. Changes in lot arrangements which are not detrimental to the proposed thoroughfare pattern of the development;
b. Substitutions of plants which are considered by the Planning Director to be equivalent to those shown on the Plan Commission approved PUD master plan;
c. Reduction of parking spaces or setbacks by less than five percent (5%);
d. Increase in building square footage or height by less than ten percent (10%);
e. Addition of buildable lots that result in density increases of less than ten percent (10%);
f. Changes to the internal street system or off-street parking areas, which are considered minor by the City Engineer;
g. Minor changes in drainage management structures, as determined by the City Engineer;
h. Changes in access to the development site, where such change amounts to a reduction in intensity in the traffic patterns of roadways, as determined by the City Engineer.
(Ord. 20-29, § 2, 9-21-20)