§ 155.077  PLANNED UNIT DEVELOPMENT (PUD) DISTRICT.
   (A)   Purpose. The purpose of this section is to establish standards and procedures for planned unit developments (PUD). A PUD promotes development of land in a creative manner that allows for a more efficient and economical development of property than is ordinarily permitted by conventional zoning and subdivision regulations.
   (B)   PUD regulations.
      (1)   Permitted uses. Any use shall be allowed within a PUD Overlay District subject to the approval of Planning Commission and City Council.
      (2)   Minimum development area. The minimum area to qualify as a PUD shall be at least three contiguous acres in size. Planning Commission and City Council may approve a PUD that contains less than three acres if there are special site characteristics that exist and proposed uses justify development of the property as a PUD, such as a site redevelopment or infill project.
      (3)   Multiple buildings on a lot. More than one building is permitted on a lot within a PUD.
      (4)   Ownership. Evidence shall be provided that the applicant has control over the land contained within the PUD application at the time that the application is submitted.
      (5)   Setbacks. Peripheral and internal setbacks shall be defined on the PUD plan as approved by Planning Commission and City Council.
      (6)   Transitions. PUD developments shall be considerate of adjacent developments and shall be designed in a way to mitigate undesirable audible and visual land use impacts to the adjacent land uses. Installation of facilities/features required to protect and preserve the character and value of surrounding residential properties shall be completed before occupancy permits will be issued.
      (7)   Circulation. The vehicular and pedestrian circulation system shall be designed to fully accommodate vehicular and pedestrian traffic with safety and efficiency within a development.
   (C)   Establishment of PUD Overlay District. Planned unit development overlay districts, when approved by the Planning Commission and City Council, shall be identified on the city’s zoning map with the notation “PUD Overlay”.
   (D)   Concept development plan requirements. The concept development plan shall include the following:
      (1)   Survey or engineering drawings of the property to be rezoned to PUD;
      (2)   Vicinity map;
      (3)   North arrow;
      (4)   Scale bar;
      (5)   Narrative description of the proposed development;
      (6)   Proposed parcels contained within the development;
      (7)   Existing property lines of adjacent properties noting the owners of record and existing zoning designations of the adjacent properties;
      (8)   The location of proposed buildings and land uses within the development. The amount of land area dedicated for each land use shall be indicated;
      (9)   For developments that include residential uses, the type of dwelling units, dwelling unit density, minimum lot sizes, frontages, and setbacks shall be specified;
      (10)   Preliminary interior open space system and landscape concepts;
      (11)   Location of existing and proposed public and private streets, parking areas, and pedestrian network;
      (12)   Minimum peripheral setbacks around the perimeter of the development;
      (13)   Location of all existing structures located within the development and within 200 feet of the boundary of the proposed development;
      (14)   Proposed locations for dumpster enclosures;
      (15)   Traffic impact study, if deemed required by Safety and Service Director; and
      (16)   Additional information as requested by Safety and Service Director, Planning Commission, or City Council.
   (E)   Final development plan requirements. The final development plan shall include the applicable information from the concept plan and the following:
      (1)   Plat prepared by a registered surveyor for entire development area identifying parcel numbers, lines, dimensions, and areas;
      (2)   The existing topography with contour intervals of not less than five feet, and final contours at two feet maximum;
      (3)   The location of all existing trees with a caliper of four inches or more;
      (4)   The proposed size, location, use, and arrangement of buildings, parking areas (with proposed arrangement of stalls and number of cars), entrance and exit driveways and their relation to existing and proposed streets, proposed landscaping, signage, and all other significant features of the proposed development;
      (5)   Building elevations that indicate proposed architectural character. Building materials and colors shall be identified. Material boards may be required upon request of Safety and Service Director;
      (6)   Design and location of all existing landscaping to be preserved and all proposed landscaping areas, open spaces, buffering plans, retention areas, and yards including the common and scientific names of all proposed plant species and the quantity and sizes of each;
      (7)   Existing and proposed storm and sanitary sewers, water mains, culverts, and other underground structures;
      (8)   Lighting, including fixture types, size, and a photometric plan;
      (9)   Trash facilities, including dumpster pads and enclosure details;
      (10)   Notation of any right-of-way dedication that may be necessary for the widening or extension of any major streets;
      (11)   Sign plan indicating locations, sizes, and designs for all proposed signs;
      (12)   A phasing plan for the development, if any;
      (13)   Professional engineer’s and/or architect’s stamp and signature; and
      (14)   Additional information as requested by the Planning Commission or City Council to supplement the above information when special conditions occur.
   (F)   PUD process.
      (1)   Pre-submittal meeting. Prior to submitting the concept development plan the property owner or owner’s representative is encouraged to meet with the Safety and Service Director to discuss the development informally, the purpose being to discuss the intent of the development and the PUD process and to identify any preliminary concerns with the proposed development.
      (2)   PUD overlay designation and concept development plan submittal.
         (a)   The owner or owner’s authorized representative may submit an application for a PUD overlay designation and concept development plan approval in accordance with the provisions of this section.
         (b)   The Safety and Service Director shall determine if the application is complete or if additional information is needed. Upon determination that the application is complete, it shall be referred to the Planning Commission.
         (c)   The Planning Commission shall review the PUD overlay designation and concept development plan and shall furnish to City Council its recommendation with respect to the submitted plans. If no recommendation is transmitted by the Commission within 60 days of public notification, the Council may take action without further awaiting such report.
         (d)   City Council shall review and take action on the plan after receiving the recommendation of the Planning Commission, and after a public hearing. City Council may approve, conditionally approve, or disapprove the PUD overlay designation and the concept development plan.
         (e)   In the case of an adverse recommendation by the Planning Commission, such amendment, supplement, change, modification, or repeal shall not become effective except by a favorable vote of at least five members of Council.
         (f)   Following approval of the PUD overlay designation and concept development plan by City Council, the owner or owner’s representative may submit the final development plan.
      (3)   Final development plan submittal.
         (a)   The final development plan, together, with an application, shall be filed with the city.
         (b)   The Safety and Service Director shall determine if the application is complete or if additional information is needed. Upon determination that the application is complete, it shall be referred to the Planning Commission.
         (c)   The Planning Commission shall review the application package and take action on the final development plans. Planning Commission may approve, conditionally approve, or disapprove the final development plan based on the plan’s consistency with the concept development plan and the final development plan requirements. The Planning Commission, for any reason, may decide to send the final development plan to City Council for review and Council action. In this instance, Planning Commission shall still provide City Council with its recommendation on the submitted final development plan.
      (4)   Building permit. Following the approval of the final development plan by the Planning Commission or City Council, the owner or owner’s representative may submit for building permits.
   (G)   Combined concept and final development plan. The owner or owner’s representative may request to combine the applications for the concept and final development plans. The Safety and Service Director may approve or deny this request based on the type of application, completeness of plans, and timing requirements of the project. All requirements of both the concept and final development plans shall be met for a combined plan submittal. If approved by The Safety and Service Director, the owner or owner’s representative shall submit the PUD overlay designation along with the final development plan and any additional information that is required for the concept development plan such as project narrative and adjacent developments. The application shall follow the process established for the concept development plan including review by Planning Commission and a public hearing and action by City Council.
   (H)   Compliance with the plan. Structures, improvements, and landscaping shall be built and installed and maintained according to the plan as approved by Planning Commission or City Council. This will be in respect to all requirements of the plan and shall include, but is not limited to, the location of the structures, location and layout of all streets and sidewalks including public right-of-way, layout and improvements of off-street parking and loading areas, location and width of driveways, ingress and egress to and from the site, grading, location and planting of landscaped areas and fencing, and location and design of lighting and signs. Once such structures, improvements, and landscaping have been built or installed, it shall be the duty of the owner or the owner’s representative to maintain the premises and structures in accordance with the approved plans. All roadways and sidewalks within proposed public right-of-way shall be maintained by the owner until accepted by the city.
   (I)   Amendments to the PUD. The Planning Commission has jurisdiction to administratively approve appropriate variations from either the concept or final development plan provided that the variations shall remain in harmony with the general purpose and intent of the development. Any application for a substantial variation, to be determined by the Planning Commission, from a development plan as previously approved shall be considered a new concept development plan that shall be administratively reviewed for action by City Council.
   (J)   Enforcement and penalty. This section is subject to enforcement and penalty as specified in § 155.150 (Enforcement).
(Ord. 2018-06, passed 7-9-2018, § 155.153)