A. General Description: The planned unit development district (PUD) is a special zoning district category that provides an alternate approach to conventional land use controls. The PUD process offers an opportunity for more creative solutions to redevelopment issues while at the same time requiring a proposal that generally conforms to the goals and policies of the city comprehensive plan. The PUD is subject to special review procedures, and once approved by the city council it becomes a special zoning classification for the property it represents. Approval of a PUD is not a substitute for platting property, when required.
B. Intent And Purpose:
1. Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use of the project to assure compatibility with adjoining and neighborhood properties.
2. To permit flexibility in design, placement of buildings, use of open spaces, circulation facilities and off-street parking areas, and to best utilize the potentials of sites characterized by special features of geography, topography, size or shape.
3. Encourage efficient use and reuse of land, and facilitate economic arrangement of buildings and circulation systems, and encourage diversified living environments and land uses.
4. Achieve a continuity of function and design within the development that results in an economically feasible project that generally conforms to the comprehensive plan and is compatible with development patterns in the surrounding neighborhood.
5. Provide a tool for negotiating modifications in standard zoning district regulations in order to achieve innovative design solutions that will protect the health, safety, and general welfare of the community.
C. Planned Unit Development Authorized: A PUD may be authorized by an amendment to the official zoning districts map after public hearings by the planning commission and city council, provided it complies with the requirements contained herein.
D. Location And Uses: A PUD shall be considered a special zoning district, and it may be authorized for any use or combination of uses permitted in this zoning code. The PUD may also include uses not otherwise permitted in this zoning ordinance, provided the location and development of such uses generally conform to the policies of the comprehensive plan.
E. Planned Unit Development Submission Requirements:
1. The developer of a PUD shall follow a four (4) step application and review procedure.
a. Application for rezoning, submission of PUD master plan, including the design statement and master development plan map. The PUD master plan shall be adopted as a part of the ordinance of rezoning.
b. Preliminary plat, where required by the subdivision regulations.
c. Final plat, where required by the subdivision regulations.
d. Application for building permit and site plan review.
2. Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted on subsections E1c and E1d of this section. The planning commission and city council may, however, review more than one step at the same public hearing.
F. Criteria for PUD review and approval. Review and approval of a PUD is a process of negotiation between the city government and the applicant to achieve the intents and purposes of these regulations and the comprehensive plan. A PUD application should provide amenities and services that are typically not required in a straight zoning district and development, in order to allow for higher densities, design flexibility and mixed land uses. The following factors should be specifically included as review criteria for the evaluation of a PUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals.
1. Purpose. The proposed PUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the comprehensive plan and the land use and zoning districts adjacent to it.
2. Design. Design of the PUD may provide for modifications of any conventional zoning, subdivision, or other development standard requirements set forth in this code. In addition, a unified/master signage plan may be approved which modifies advertising and sign allowances, provided that in no case, shall the overall signage of a development exceed what would have been permissible under the standard code provisions if the development was not part of a PUD.
3. Usage. Density, land use, and intensity of use requirements shall be based on the PUD master plan and shall be reviewed carefully for conformance to the comprehensive plan.
4. Gross density. The maximum number of dwelling units with a PUD shall be based on calculation of gross density. Gross density shall be established in the PUD master plan and shall be calculated by dividing the total land area to be developed for residential uses (exclusive of arterial streets) by the number of dwelling units. The gross density for residential PUDs can be increased from the allowed density of the base residential zoning district with the approval from Planning Commission.
5. Housing type. Location and type of housing shall be established in a general pattern and shown on the master development plan map.
6. Open space. In residential PUDs, there shall be a minimum often percent (10%) of the total area of the PUD dedicated as useable common open space. This is in addition to the required landscape requirements per code.
a. Useable open space. Such is defined to mean any parcel of land which meets the requirements as to suitability and does not necessarily require that the land be appropriate for recreation purposes. As defined in this chapter, usable open space uses include, but are not limited to:
(1) Sports playing fields;
(2) Hiking trails;
(3) Gardens;
(4) Bike paths;
(5) Picnic areas;
(6) Existing or planned greenbelt areas to be left in their natural state;
(7) Linkage parcels for the greenbelt corridors;
(8) Similar uses that would benefit the public either from natural beauty or open space type of recreation use.
7. Amenities. Amenities should be considered as an important justification for development and city approval of a PUD. Where gross or net densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed, useable open space should be furnished along with provision for its permanent retention and continued maintenance.
8. Lighting. Street lights shall be required within a PUD and shall be private with the maintenance of said street lights being the responsibility of the property owner, developer or home owners’ association.
9. Minimum land area and frontage. The minimum area and frontage for a PUD request involving office, commercial and industrial land uses should generally be at least the minimum required by the conventional zoning associated with the proposal; provided, that a private street network may also be authorized as a substitute for public street frontage.
10. Sidewalks. Sidewalks shall not be considered an amenity and shall be required on arterials streets and on both sides of all internal streets, public and private, within a PUD. Other pedestrian ways shall be planned where it is necessary to provide for amenity and public safety.
11. Streets. The following are general design standards for streets:
a. Street design should be innovative and should restrict through traffic from residential areas as much as possible.
b. Encouragement should be given to design of short local streets serving limited areas, such as the residential cul-de-sac.
c. Streets, public and private, are required to have vertical curbs and gutters and all other design requirements shall be accordance with city standards and specifications for right-of-way width and paving cross sections.
12. Adjacent land uses. The following general guidelines shall be used to establish the relationship of the PUD to abutting land uses:
a. Show graphically the transitional treatment between residential and nonresidential zoning districts and uses that will be employed to separate the PUD from abutting properties, including commitments to fencing, vegetation, earth berms, landscape screening, or similar buffering techniques. Opaque screening consisting of a screen or wall of not less than six feet (6') in height shall be provided between residential uses and the perimeter of the development or any areas designated for nonresidential uses.
b. It is appropriate to specifically establish area with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower intensity area.
13. Mixed land use developments. Where a PUD proposes a mix of uses which would generally be incompatible with a conventional development, the PUD master plan should specifically establish appropriate guidelines to ensure a harmonious development.
14. Common access. In commercial or industrial developments, the PUD master plan should establish specific standards and locations for common access driveways both within the development and abutting arterial streets.
15. Adherence to code. Building code requirements shall not be reduced or modified in the design of a PUD.
G. Step 1; Planned Unit Development Master Plan Required: The basis for review and approval of a PUD is the master plan, which shall be adopted as a part of the ordinance of rezoning. The PUD master plan shall contain a design statement and a master development plan map that shall include, at a minimum, the following information:
1. PUD Design Statement: The PUD design statement shall be a written report containing the following elements:
a. Title of the PUD;
b. List of the property owners and proposed developers (including contact information and email address(es);
c. Statements on the PUD’s general location and its relationship to adjoining land uses (both existing and proposed), and how the PUD complies with the policies of the comprehensive plan, and the base zoning district.
Reference to the comprehensive plan policy for the subject property, including a map showing zoning and land uses within a minimum of three hundred feet (300') of the subject property;
d. A description of the proposed development, including a legal description of the property, and the approximate phases and sequence in which the development is proposed to be built, if any;
e. Definitions of the land-use designations, including density ranges and product types for residential development shown on the master development plan map required by this section, including proposed restrictions, and typical site layouts;
f. A table setting the minimum and maximum total dwelling units and non- residential square footage, and the minimum acreage for open space, natural resource areas, public uses, and any other planned uses;
g. A list of required and proposed area and height regulations;
h. A description of residential and mixed-use neighborhoods; commercial, office, and industrial development uses; open space, natural resource areas, public buildings, schools, and other public uses, and any other proposed uses;
i. A list of all development regulations that will be applied, including conventional zoning district regulations, requested variations to the subdivision regulations, and any other special development regulations;
j. A statement on the existing and proposed streets, including right-of-way standards, street design concepts and points of access;
k. A description of the following physical characteristics of the existing site: elevation, slope analysis, soil characteristics and tree cover;
l. Drainage information describing the basic stormwater management method(s), and referencing any F.E.M.A. 100-year floodplains, floodways, or other areas where a Letter of Map Revision is or will be requested;
m. A statement of utility lines and services to be installed, including which lines will be dedicated to the City and which will remain private;
n. A statement specifying the number, type, height and display area of signs;
o. A description of lighting for the development;
p. A description of trash collection facilities for the development;
q. A description of sidewalks, pedestrian paths and bikeways within the development;
r. A description of screening and landscaping for the development, including any proposed buffers. (Landscaping shall be subject to the current landscape code in effect at time of development);
s. A statement describing the guarantees and assurances to be provided for the perpetual maintenance of open space, common areas, drainage areas, recreation areas, sidewalks, parking, private streets, and other privately owned but common facilities serving the project;
t. A statement describing any platting requirements for the PUD.
2. Planned Unit Development Master Development Plan Map: The master development plan map shall be a graphic representation of the plan for the PUD area prepared at a scale of one-inch equals one hundred feet (1" = 100') The purpose of the map is to conceptually portray the development commitments described in the PUD design statement. The complexity of the map information will depend upon the number and extent of varied land uses in the PUD. The PUD master development plan map shall be submitted in accordance with the following:
a. Existing Conditions.
(1) General location and acreage in the PUD;
(2) Sufficient information, including density of the surrounding area, to demonstrate the relationship of the PUD to adjoining land uses, existing or proposed, streets, and other physical features;
(3) Topography on five-foot contours;
(4) Common open space and natural resource areas on the site and connected to adjacent sites, such as native rock outcroppings, steep slopes, environmentally sensitive lands, wildlife habitats, stream corridors, and significant vegetation, including tree canopy and healthy mature trees;
(5) Specific location of right-of-way widths of adjacent arterial streets, and connectivity points with adjacent sites;
(6) Areas where access to streets will be limited, and the number where appropriate;
(7) Delineation of F.E.M.A. 100-year floodplain and floodway, if applicable.
b. Proposed PUD Elements.
(1) Land use designations for each distinct use in the PUD, including the identification of any planned buildings, parking, driveways, open space, easements, setbacks and other specific information about the project;
(2) Circulation system, including the general location of collector and local streets, pedestrian paths and bikeways, access points, limits of no access;
(3) General location of proposed pedestrian linkages between adjacent properties, showing points of connectivity with the circulation system;
(4) General location of parking areas;
(5) General location of proposed open space, common areas, drainage and recreation areas;
(6) Detailed landscaping plans showing treatment of a minimum of six percent (6%) of the lot area plus street right of way. Location of proposed buffers, tree preservation areas and other proposed landscaping.
c. Any other pertinent information necessary for review, approval, and administration of the PUD.
3. Review And Approval:
a. The PUD application will be considered by the planning commission and city council at public hearings in accordance with established review procedures for consideration of applications for rezoning. As a part of the city review, the planning commission or city council may require additional information, including, but not limited to, the following: evidence of a market feasibility study; preliminary drainage study or other engineering data and plans; infrastructure improvements or dedication of necessary easements and rights of way; traffic study; developer meetings with surrounding property owners; replatting; building elevations; specific plat restrictions, covenants, height, use, setback, or coverage requirements; creation of a property owners’ association; performance bond or other surety for required public improvements.
b. Upon final approval by the city council of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the official zoning districts map. The ordinance of rezoning shall adopt the PUD master plan and all supporting documentation by reference, and it shall become a part of the official records of the city.
c. The PUD master plan shall control the development of the property, and all building permits shall be in accord with said plan until it is otherwise amended by the city council. The developer shall furnish a reproducible copy of the master plan map at a scale of one-inch equals one hundred feet (1" = 100') for the chair of the planning commission and the mayor, with acknowledgment by the city clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the city clerk.
H. Step 2; Preliminary Plat: Upon approval of the PUD master plan and ordinance of rezoning, the developer shall prepare a preliminary plat for the entire development area. Where a recorded plat for the entire area comprising the proposed PUD exists, and where there will be no sale of lots which do not conform to the platted lot lines, the planning commission may waive the platting requirements.
I. Step 3; Final Plat: Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the planning commission and city council. In addition to these procedures the final plat shall include:
1. Provisions for the ownership and maintenance of common open space. Said open space shall be dedicated to a private association.
2. A homeowners’ or property owners’ association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, service and parking areas, and recreation areas.
3. Covenants shall be submitted to reasonably ensure the continued compliance with the approved PUD master plan.
4. If there is no plat required, then subsections H1, H2 and H3 of this section shall be submitted and approved as part of the PUD, master plan at the time of rezoning.
J. Step 4; Building Permit Application And Site Plan Review: A site plan for the area to be developed within the PUD shall be submitted with the application for a building permit and shall be reviewed by the planning commission for conformance with the standards established in the master development plan.
No building permit shall be issued by the city for the PUD area until these requirements have been met.
K. Abandonment, Continuing City Review, Reversion, Or Effect Of Alternate Rezoning On PUD District Status:
1. Property Owner Request: If the property owner determines to abandon the PUD zoning, he shall make application for rezoning either to the original status or to a new classification. Said application shall be heard according to regular procedures by the planning commission and city council.
2. Continuing Review By The City: If development of the PUD has not been started within three (3) years of the date of approval of the PUD rezoning, the city manager shall request a report from the applicant/owner to determine the status of the project. The city manager shall present a report of findings to the planning commission that shall determine the appropriateness of holding a public hearing to consider rezoning the property to Its original district status. Additional three (3) year reviews shall be held as required.
3. Alternate Rezoning: An application for rezoning to change part of the area of a PUD to a different zoning district classification shall be considered an amendment of the original PUD. The planning commission shall review the commitments and provisions of the original PUD as approved to determine the impact of the new application on the PUD, and may require rezoning of the entire PUD.
L. Updated Standards to the Base Zoning District
1. If the standards of the base zoning district are amended, then the most recently amended standards shall apply to a PUD district unless the standards have been individually listed within the PUD adoption ordinance as being different from the base zoning district.
2. Base zoning district amendments are applicable to PUD districts and do not require special notice to be provided to the properties within a PUD district. (Ord. 2002-09, 10-24-2002; amd. Ord. 2023-19, 5-23-2024)