(a) Incentives for Use. The PUD District is intended to provide incentives to encourage its use by permitting certain variations from normal development standards. In addition, the process permits a combined review of zoning and some subdivision plat requirements. In exchange for flexibility, the PUD District requires that the zoning application provide information traditionally found in the subdivision stage of development review. Approval of the PUD Zoning Development Plan constitutes approval of the preliminary subdivision plan. The PUD Zoning Development Plan is reviewed by the Planning and Zoning Commission and Council.
(b) Sketch Plan. Prior to the PUD Zoning Development Plan preparation, an applicant for a PUD District is required to informally discuss the PUD with City staff and Commission. The developer shall submit to the Zoning Department fourteen (14) copies of the sketch plan to be distributed among the City Department heads and other interested parties. A sketch plan review meeting shall be set up and the developer notified of its time and place. The sketch plan review meeting is intended to provide a forum for discussions on general layouts proposed, land use, density, and other policy issues. The applicant is not limited regarding the number of sketch plan reviews or the time period involved. This open sketch plan review process is intended to allow the applicant and the City the time necessary to reach consensus on the fundamental concepts of the PUD. At any time, the applicant may opt to proceed to the formal PUD Zoning Development Plan review stage, provided a revised sketch plan illustrating all changes to date is submitted to the City.
(c) PUD Zoning Development Plan Submission. Fourteen (14) copies of a preliminary development plan, prepared by a registered engineer or surveyor and architect or landscape architect, shall be submitted by the fee simple landowner or lessee with the application to amend the Zoning District Map. Such preliminary Zoning Development Plan shall conform to Section 1190.05 and shall include the following:
(1) A legal description of the total site proposed for development, including information regarding present and proposed ownership. Include existing and proposed zoning information and evidence that the applicant has sufficient control over the land to implement the proposed PUD.
(2) The preliminary subdivision plan requirements of the City Subdivision Regulations. The site plan and accompanying maps shall illustrate watercourses, floodplains, topographical contours at two (2) foot intervals, soils information at a one (1) inch equals 100 feet scale, information on wooded areas, and proposed provisions of utilities including sewage disposal, water supply, and stormwater drainage systems. Engineering concepts shall be submitted where necessary as determined by the City Engineer.
(3) The location and size of all existing buildings, structures, and proposed location and size of areas of residential use, indicating anticipated dwelling unit densities, dwelling unit types, the total number of dwelling units for each density area, and the total number of dwelling units proposed.
(4) The proposed size, location and types of uses of nonresidential portions of the tract, including commercial areas, industrial areas, usable open spaces, school sites, and all other areas and spaces with the suggested ownership or lot layout of such areas and spaces.
(5) Drawings illustrating architectural design concepts to be utilized, landscaping plans (as provided in Section 1190.05). Representative conceptual streetscapes and other information relating to the architectural and landscape themes of the proposed PUD. Such drawings should be sufficient to relay the basic architectural and landscaping intent of the proposed improvements.
(6) The existing and proposed circulation system of arterial, collector and local streets including right-of-way widths, pavement widths, street lighting, driveway widths, off-street parking areas, service areas, loading areas, major points of access to public rights-of-way, and public transportation improvements. Walks and other proposed pedestrian access ways should be illustrated. Notations of proposed ownership, public or private, should be included where appropriate.
(7) A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.
(8) A text description of the relationship of the proposed PUD Zoning Development Plan to the City Comprehensive Plan and other adopted plans and policies.
(9) When privately-maintained common areas or open space are proposed, deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, shall be provided.
(10) Sufficient information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and adjacent areas, including land uses, zoning classification, permitted densities, public facilities, and natural features of the landscape.
(11) Other information, as may be required by the Commissioner or Council, in order to determine compliance with this chapter.
(d) PUD Zoning Development Plan Text. An accompanying text shall be submitted which address the above plan requirements and describes the commitments of the plan in sufficient detail to facilitate timely review by the City. This text is intended to describe the general concepts to be utilized, including the theme which integrates the various uses. For example, the standard building package for a franchise business may not be appropriate unless it is modified to blend with the architectural theme of other structures in the PUD. The text should describe the general modifications necessary.
(e) PUD Zoning Development Plan Review. The PUD Zoning Development Plan shall be reviewed according to policies, standards, provisions, and scheduling requirements specified in the Codified Ordinances.
(f) PUD Zoning Development Plan Approval. The PUD Zoning Development Plan shall be reviewed at a public hearing by the Commission. A formal recommendation for approval, disapproval or some modification of the PUD Zoning Development Plan shall be forwarded to Council by the Commission. Council shall advertise for a public hearing on the PUD Zoning Development Plan.
(g) Basis of Approval. A PUD Zoning Development Plan may be approved by Council, provided the following criteria are met:
(1) A development pattern is proposed which is consistent with the purpose, intent, and applicable standards of this Zoning Code;
(2) The proposed development is in conformity with the comprehensive plan or portion thereof as it may apply;
(3) The proposed development advances the general welfare of the City; and
(4) That the benefits, improved arrangement, and the design of the proposed development requirements included in this Zoning Code.
(h) Effect of Approval. The PUD Zoning Development Plan as approved by Council shall constitute a PUD Zoning District as it applies to Council. Approval of the PUD Zoning Development Plan constitutes approval of a preliminary subdivision plan as required by the City Subdivision Regulations. The approval shall be for a period of three (3) years to allow the preparation of the required subdivision plat, submitted in accordance with the City Subdivision Regulations. Unless the required subdivision plat is submitted and recorded within the three year time limit, the approval shall be voided and the land shall revert to agricultural zoning district, except if an application for time extension is approved in accordance with the following subsection.
(i) Extension of Time of Modification. Extension of time limit or modifications of the PUD Zoning Development Plan may be approved by resolution of Council. Such approval shall be given upon a finding of the purpose or necessity for such extension or modification and evidence of reasonable effort toward the accomplishment of the original PUD Zoning Development Plan as approved by Council, and that such extension or modification is not in conflict with the general health, safety and welfare of the public or the development standards of the PUD District. No such modification or extension shall be approved by Council until a recommendation regarding the same is received from the Planning Commission.
(Ord. 38-99. Passed 7-19-99.)