1143.11  PLANNED UNIT DEVELOPMENT.
   A.   Purpose
The purpose of the Planned Unit Development District (PUD) is to achieve, to the greatest possible degree, land development that is responsive to the natural and environmental assets and liabilities of a given site.  The PUD provides an opportunity to encourage imaginative design of development.  The PUD should be a well-integrated development in terms of major design elements such as roads, drainage systems, utilities, and open space.  The PUD allows greater design flexibility so that natural features may be protected and development concentrated in an innovative and efficient manner.
   B.   General Requirements and PUD District Designation
Subsequent to the approval of City Council, the designation of PUD overlay may be applied to any existing zoning district, with the limitations described herein and the City shall be solely responsible for the determination as to the application of said PUD designation.  Such designation shall be applied to the tract of land and/or the project as proposed by the applicant.  There are two types of PUDs. 
      1.   A PUD may be a predominantly residential development, and in which case is referred to as a PUD-RES.  A PUD-RES may only be applied to an existing residential district.  The tract of land proposed to be developed as a PUD-RES must be owned, leased, or controlled by one person or single entity, and must contain more than one unit and/or lot.
      2.   A PUD may also be a mixed use development, referred to as a PUD-BUS.  A PUD-BUS may be applied to any existing non-residential zoning district.  The tract of land proposed to be developed as a PUD-BUS must be owned, leased, or controlled by one person or single entity.
Upon the approval of the final development plan according to Section 1143.11H. the Official Zoning Map shall be amended to designate the property "PUD-RES OVERLAY” or “PUD-BUS OVERLAY". 
   C.   Permitted Uses
The permitted uses in both the PUD-RES and PUD-BUS district are as set forth below:
      1.   Permitted Uses - PUD-RES
An applicant may propose to include any mixture of  permitted or conditional uses in any existing residential district, as well as land uses which are allowed as a permitted use in the B-1 district, provided that not more than twenty-five percent (25%) of the net acres in the development is devoted to non-residential uses. 
      2.   Permitted Uses - PUD-BUS
An applicant may propose to include any mixture of non-residential land uses in a proposed PUD-BUS development, provided that at least sixty percent (60 %) of the net acres in the development are devoted to uses permitted in the district(s) applying to the property at the time of application. 
   D.   General Development Standards
The following standards represent broad parameters under which all PUD OVERLAY developments must be designed:
   
      1.   Central Water and Sewer Facilities: 
All structures in developments approved as a PUD OVERLAY must be served by central or public water and sewer facilities.
      2.   Development Layout and Design:
The design and layout of all PUDs shall display excellence in design by properly considering significant site features such as topography, natural drainage patterns, roadway access and circulation, surrounding land uses, and general public welfare to result in desirable land development.  Attractive landscaped buffer areas shall be provided between incompatible land use and activities.
      3.   Front, Side and Rear Setback Standards for Perimeter Lots: 
All lots that are located along the perimeter of the PUD shall have minimum front, side and rear setbacks equal to those that would normally be specified in the zoning district prevailing at the time of application for PUD approval or 25 feet, whichever is greater. 
      4.   Off-Street Parking and Loading Facilities:
For all land uses located within the PUD, the parking and loading standards contained in Chapter 1159  shall be applied.
   E.   Residential (PUD-RES) Development Standards
In addition to the general development standards described in Section 1143.11D. above,  PUD-RES shall meet the following development standards:
      1.   Clustering Residential Development and Required Open Space:
A minimum of twenty percent (20%) of the land developed for residential purposes in a PUD project shall be reserved for common open space.  Clustering residential density is encouraged to provide required common open space. This required amount of common space shall be established as common open space under one ownership, and provisions shall be established for maintenance and care.  The legal articles relating to any organization of property owners in the development charged with such open space maintenance shall be submitted to the City.  The City Council may require as a condition of final approval, any evidence deemed necessary to document that the required common space shall remain in its stated condition as long as the development exists (including such legal documents as deed restrictions, conservation easements, etc.).
      2.   Clustering Residential Density:
To achieve a clustering of residential density and to provide for the required common open space, the lot area requirements for residential land uses may be reduced from the densities required under the district(s) applying to the property at the time of application, by up to twenty percent (20%).  The lot width and yard requirements for residential lots may be also be reduced as needed to accommodate a variety of structural patterns, clustering designs, and housing types.
      3.   Residential Dwelling Types
Along with clustering residential density, a PUD-RES may include a mixture of dwelling types, including, single-family detached dwellings, two-family units, zero lot line units, and multi-family units, provided the maximum densities defined in each existing zoning classification is not exceeded.   
   F.   General PUD Approval Procedure
   Conceptual Development Plan
The applicant shall submit to Planning Commission a Conceptual Development Plan for conceptual review of the tract of land proposed to be developed.  At this Conceptual Development Plan submission, the Commission shall review the proposal and determine the applicability of the proposed tract and project to receive a PUD Overlay designation.  This review shall be conceptual in nature and for a PUD, is encouraged to informally present conceptual or preliminary plans to both City Council and the Planning Commission for review prior to extensive engineering and formal submission of a Preliminary and Final Development Plans.  Property proposed to receive the PUD Overlay will maintain the existing zone or a new zone as approved by Planning Commission and City Council.  The decision to approve a Final Development Plan, and to rezone a property to PUD Overlay may be done concurrently.  The PUD Overlay designation shall remain with the tract of land until the Preliminary Development and Final Development Plans are approved by Planning Commission and City Council at which time, the PUD Overlay designation shall transfer to the approved project in lieu of the tract.  In the case of the abortion of the project, the zone will return to the base zone and the PUD Overlay designation will be vacated on land and project.
   Preliminary Development Plan.
Upon review and approval by Planning Commission of the Conceptual Development Plan, the applicant shall submit a Preliminary Development Plan describing the project in detail to the Planning Commission.  The applicant for a PUD shall submit ten (10) copies of the proposed Final Plan to the Zoning Director along with the required application fee.  The final plan shall include:
      1.   The specific description of permitted, conditionally permitted and accessory uses to be allowed in each area of the development.
      2.   A copy of proposed deed restrictions.
      3.   The final plan shall be drawn to illustrate:
      4.   A survey and legal description of the proposed development site, showing dimensions and bearings of the property lines; area in acres; topography (at two foot contour intervals); and existing features of the development site, including major wooded areas, streets, easements, utility lines, existing land uses;
      5.   The location and dimensions of all lots, setbacks, and building envelopes.
      6.   Conceptual drawings of sewer and water facilities as well as street and drainage systems.
      7.   A table indicating acreage devoted to various development types.
      8.   Landscaping plan for all buffer areas and other common areas.
      9.   Architectural guidelines to apply throughout the development.
      10.   The proposed names of all interior streets proposed for the development.
      11.   Layout and dimensions of all parking and loading areas along with an indication of what they are to be built to serve.
      12.   Existing or proposed protective covenants, deed restrictions, and form of notices to property owners relative to their interests and responsibilities with respect to open space and recreation facilities.
      13.   Description of form of organization to be followed in the establishment of a property owners’ association in the event that care and maintenance of common open space and recreation facilities is to be a responsibility of property owners.
      14.   A description of the expected timing of the development.
In addition to the above, the City Council may require additional information, including but not limited to environmental impact studies and archaeological surveys prepared by appropriate professionals to document the impacts of the development and to address potential mitigation measures.  The applicant shall be responsible for reasonable expenses incurred by the City in reviewing final development plans.  Such expenses are beyond application fees established by the City and may include professional service fees such as legal expenses or fees from other professionals, such as engineers, landscape architects, planners or environmental scientists, incurred in connection with reviewing the plans submitted. 
   Final Development Plan.
The applicant for a PUD shall submit ten (10) copies of the proposed Final Development Plan to the Zoning Director along with the required application fee.  The final plan shall include those additional items and/or additional information as determined at the Public Hearing held by the Planning Commission as required in Chapter 1183.  The Zoning Director, after reviewing the Final Development Plan may forward it directly to City Council for their review and approval.  If, in the opinion of the Zoning Director, major changes have been made to the Final Development Plan and differs substantially from the conditions described in the Preliminary Development Plan, the Zoning Director may returned to the Planning Commission for further review and approval before sending to Council.  (See Section 1143.11 I).
   G.   Final Development Plan and Rezoning Approval Procedure Process
The decision to rezone land and/or apply the PUD Overlay designation and to approve the Final Development Plan may be accomplished concurrently.  All PUD Final Development Plan submissions are deemed to be an application for amendment to the Zoning Code according to Chapter 1183.  All procedures (Planning Commission Review, public hearings and action by the Council), therein shall be followed in considering an application for a rezoning of the land in question or to apply the PUD Overlay designation to the tract of land or project as presented by the applicant.  Upon approval of such plan and rezoning, the Official Zoning District Map shall be amended to designate the project area as “PUD- RES or PUD-BUS”.  Thereafter, with the concurrent approval of the rezoning and Final Development Plan pursuant to the criteria stated in Section 1143.11H., all development restrictions and conditions described in the Final Development Plan shall become official requirements of the PUD.
   H.   Criteria of Approval - Final Plan
The Planning Commission and City Council shall review the proposed Final Plan according to the following criteria:
      1.   That the proposed development is in conformity with the goals and objectives of the master plan.
      2.   That the proposed development advances the general health, safety and morals of City.
      3.   That the interior road system, proposed parking, and any off-site improvements are suitable and adequate to carry anticipated traffic generated by and within the proposed development.
      4.   That any exception from standard district requirements can be warranted by design and other amenities incorporated in the final development plan, according to these PUD requirements.
      5.   That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
      6.   That the existing and proposed utilities, including water and sewer service, and drainage plan will be adequate for the population densities and non- residential uses proposed in the PUD.
   I.   Amendments (Changes)
After the final development plan has been approved by the City Council, adjustments or rearrangements of buildings, parking areas, entrances, heights, or yards may be requested by the proponents.  Minor changes, as defined herein, are allowed, provided such requests conform to the standards established by the final development plan and this Ordinance.  A minor change shall require approval by the Planning Commission and shall include the following: 
      1.   Adjustments to the size and location of buildings, swimming pools, and other on site structures provided:
         a)   It does not result in an increase in the number of housing units approved in the final plan;
         b)   It does not encroach materially into the established setback areas;
         c)   It does not create a larger building mass either through an increase in their height or length that would magnify their effect on the adjoining areas.
      2.   Alterations to the proposed drives and/or parking areas do not encroach into building areas or specified recreation areas.
      3.   Adjustments in the size and location of development identification signs.
A major change is any change that does not meet the criteria above and in addition, is one which would constitute a significant alteration in the basic plan design or result in a use different from those originally intended.  A major change shall require the re-submittal of the Final Development Plan to Planning Commission as defined in Section 1143.11F. of that portion of the development proposed to undergo a major change.
(Ord. 15-14.  Passed 10-21-14.)