(A) Purpose. These Planned Unit Development District (“PUD”) provisions are intended to provide design flexibility by allowing variances from other sections of this code relating to land use development and subdivision; to provide an enjoyable environment by preserving existing topography, stands of trees, ponds, flood plains, and similar natural assets; and to provide a compatible and stable environment in harmony with that of the surrounding area.
(B) Land ownership. To be developed as a PUD, the land must be under the control:
(1) Of a single owner; or
(2) Of 2 or more owners who covenant and agree in advance to be bound by the conditions and regulations which will be effective within the PUD and who record the covenants.
(C) Applicability. The PUD District is an overlay zoning technique. The basic underlying zoning district establishes the basic allowable uses and the general standards for development, and the approved PUD plan establishes the specific regulations for development and governs and takes precedence over the underlying zoning district regulations. PUDs may be allowed in any district but are required for multiple family dwellings in the R-3 District. If a zoning change is required to accommodate the uses or general intensity of development in the PUD, an application for a zoning district change shall be made concurrently with the PUD application; and, if approved, the zoning map shall be changed both as to the underlying zoning district and designation as a PUD District.
(D) Designation.
(1) Each “Single Use PUD” shall be designated as a “Residential PURR,” a “Commercial PUD-C,” or an “Industrial PUD-I,” established by the underlying zoning district or districts in which the land proposed for the PUD is located.
(2) A “Mixed Use PUD” may include a mixture of residential, commercial, and/or industrial uses, or any combination thereof, as herein provided. Uses other than uses as permitted in the zoning district or districts in which the land proposed for the PUD is located must not result in undue adverse effects on surrounding areas and must be consistent with the intent of this subchapter and the concept of the proposed PUD.
(E) Pre-application conference. Prior to the filing of an application for approval of a PUD Concept Plan, the applicant shall consult with the city zoning official to disclose to the city the general terms of the applicant’s proposal; to determine the procedures and requirements governing approval of a PUD; and to discuss zoning requirements and city plans which might affect the proposed development, which shall be disclosed to the applicant.
(F) PUD Concept Plans.
(1) Prior to submission of a PUD Concept Plan and rezoning application, the applicant shall submit to the Council Secretary for preliminary consideration and approval, in principal, by city staff, by the Planning Commission, and by the Council:
(a) A PUD Concept Plan and written “concept” statement describing reasons for a PUD and benefits to the city. The concept statement should address the criteria on which the PUD will be evaluated in subsection (H)(2)(b);
(b) A tentative written consent signed by all owners of property within the proposed PUD.
(2) The PUD Concept Plan shall identify:
(a) The boundaries of the proposed PUD;
(b) The type of proposed PUD;
(c) The proposed land uses in the PUD;
(d) A sketch development plan showing approximate layout of streets, buildings and open space;
(e) Sketches to show the general design of buildings;
(f) Population densities;
(g) Building intensity;
(h) Proposed circulation patterns (pedestrian and vehicular);
(i) Parks, school sites, and other open space;
(j) Uses of land surrounding the proposed PUD;
(k) The tentative development schedule, indicating the start and completion date.
(3) Preliminary approval of the Concept Plan is subject to the following procedures:
(a) Planning Commission. The Planning Commission shall hold a public information meeting on the PUD Concept Plan and, within 30 days after the review, shall, by motion, recommend to the Council approval in principle, approval with modifications, or denial.
(b) Council. The Council shall consider the PUD Concept Plan and either approve in principle, approve with modifications, or deny the concept statement.
(4) Approval of the PUD Concept Plan shall not obligate the city to approve the PUD Master Plan or Final Plan, or any part thereof, or to rezone the property to a PUD.
(G) PUD Master Plan application. After receiving approval of the PUD Concept Plan, the applicant shall submit to the Council Secretary the following:
(1) An application for a PUD Master Plan and zoning amendment;
(2) A PUD Master Plan application fee in an amount established by resolution of the Council;
(3) Seven copies of a the PUD Master Plan, including the following:
(a) Location map showing existing zoning and development on the subject property and surrounding area within 300 feet;
(b) Boundary survey;
(c) Existing topography at 2-foot intervals with wetlands delineated;
(d) Preliminary plat if the property is to be divided into separate parcels;
(e) Sizes and locations of existing and proposed buildings;
(f) Existing and proposed uses of structures and open areas;
(g) Schematic Exterior Lighting Plan;
(h) Schematic Landscape Plan;
(i) Schematic Grading Plan;
(j) Schematic Utility Plan;
(k) Street names, right-of-way dimensions, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, and the like, streets on, and adjacent to, the tract. Identify roads intended to be private;
(l) Subsurface conditions, and, if required by the city, the location and results of tests made to ascertain subsurface soil, rock and ground water conditions;
(m) Off-street parking, including parking for the handicapped when required (roadways not designed for parking shall be designated “No Parking”);
(n) Conceptual building exterior design and materials;
(o) Table summarizing the area of land devoted to various uses, including floor areas, total land cover, open space, living space, and recreation space;
(p) Type of construction for driveways, walkways, and all other paved surfaces;
(q) Location and schematic design of outdoor advertising devices, playground equipment, mailboxes, air conditioning, trash receptacles, and all other outdoor apparatus;
(r) An outline of protective covenants and homeowners association by-laws;
(s) Optional features, if any;
(t) Any additional documents that may reasonably be requested by city staff (such as, documents showing ownership, surface drainage plan, and the like);
(u) Development Schedule, indicating:
1. Stages in which projects will be built, with emphasis on area, density, use and public facilities, such as open space, to be developed with each stage;
2. Approximate dates for the beginning and completion of each stage.
(4) A detailed statement of the applicant’s real estate development experience, including all corporations now or formerly in existence in which the applicant exercised substantial control; provided, that if the applicant has not had any previous experience in real estate development, he or she shall submit the evidence as is necessary to demonstrate his or her competence to undertake the proposed development.
(5) A detailed financial plan, including existing and proposed credit sources for land acquisition, construction, and permanent financing. No applicant shall be approved unless it can be shown that he or she possesses, or has the ability to acquire, sufficient funds for the development of the site.
(H) PUD Master Plan review.
(1) Upon receipt of the application and 7 copies of the plans, the Council Secretary shall refer it to other city staff (including department superintendents) and the Planning Commission for review as to compliance with the intent of the PUD regulations and other pertinent city standards and regulations.
(2) Within 30 days after receiving the city staff’s report, the Planning Commission shall hold a public hearing on the application after giving notice as provided in § 153.187 and shall make and forward to the Council written findings of fact, to include:
(a) A recommendation for approval of the proposal in the form submitted, approval with modifications, or disapproval of the proposal;
(b) The reasons for the recommendation, specifying with particularity in what respects the plan would or would not be in the public interest, including, but not limited to, the following:
1. The extent to which the plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk, and use, and the reasons why the departures are or are not deemed to be in the public interest;
2. The manner in which the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;
3. The nature and extent of open space, the reliability of the proposals for the maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the open space in terms of the dwelling unit densities proposed in the plan;
4. The relationship, beneficial or adverse effects of the PUD project upon the neighborhood in which it is proposed to be located;
5. In the case of a plan that proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan;
6. In built-up areas, the suitability of the proposed structures in relation to existing structures to remain and anticipated future development of the area;
7. Conformity with all applicable provisions of this chapter and the Comprehensive Plan.
(c) Within 30 days of receipt of the Planning Commission’s findings of fact, the Council shall either grant tentative approval of the application, with or without modification, or deny the application. A 4/5 majority of the full Council is required for approval of a PUD Master Plan.
(I) PUD Final Plan application. Upon approval of the PUD Master Plan and within the time specified by the Council, but in no event more than 1 year after the date of approval by the Council, the applicant shall submit to the Council Secretary a PUD Final Plan with any required modifications of that segment to be developed first. If the Final Plan is not submitted within the allowed time or unless an extension of the time period has been requested by the applicant and approved by the Council, the approval of the PUD Master Plan shall automatically become void; and the applicant must pay the fee and start the proceedings again. The applicant shall submit to the Council Secretary the following:
(1) An application for PUD Final Plan approval;
(2) A PUD Final Plan application fee in an amount established by the Council;
(3) Seven copies of the following: Final Plans of all the schematic or preliminary plans submitted in the PUD Master Plan stage, including the following:
(a) Final Plat if the property is to be divided into separate parcels;
(b) Exterior Lighting Plan;
(c) Landscaping Plan;
(d) Grading Plan;
(e) Utility Plan;
(f) Building elevations and materials;
(g) Protective covenants and Homeowners Association bylaws.
(J) PUD Final Plan review.
(1) Upon receipt of the application and 7 copies of the plans, the Council Secretary shall refer it to other city staff (including department superintendents) and the Planning Commission for review as to compliance with the intent of the PUD regulations and other pertinent city standards and regulations.
(2) Within 30 days after receiving the city staff’s report, the Planning Commission shall hold a public hearing on the application after giving notice as provided in § 153.187 and shall make and forward to the Council written findings of fact.
(a) A recommendation for approval of the proposal in the form submitted, approval with modifications, or disapproval of the proposal.
(b) The reasons for the recommendation, specifying with particularity in what respects the plan would or would not be in the public interest as defined in subsection (H)(2)(b).
(3) Within 30 days of receipt of the Planning Commission’s findings of fact, the Council shall consider the Planning Commission’s recommendation and may hold additional public hearings if the public interest would be serviced, but the hearings are not required. After the hearings, if any, the Council shall either approve the application with or without modification or deny the application.
(4) If approved by the Council, it shall adopt:
(a) A resolution approving the final plan, subject to such conditions or restrictions as may be imposed by the Council;
(b) An ordinance re-designating the area of land involved as a PUD. The resolution shall not become effective until the effective date of the ordinance.
(5) The final plan (as approved by resolution of the Council) with any conditions and restrictions imposed shall govern and control the use and development of the land involved; provided, that the general zoning regulations which were applicable to the land prior to approval of the plan and which are not inconsistent with the plan shall continue to be applicable.
(K) Building permits. No building permit shall be issued for any structure within the district unless and until the Council Secretary certifies that it conforms to the provisions of the plan and other applicable zoning requirements.
(L) Construction of public facilities. The applicant shall either:
(1) Construct all public facilities and improvements made necessary as a result of the PUD; or
(2) At the election of the city, deliver to the city escrow deposits, irrevocable letters of credit in a form approved by the city, or performance bonds to guarantee construction of the required improvements. The uniqueness of each proposal for a PUD requires that specifications and standards for streets, utilities and services may be subject to minor modifications from the specifications and standards established in this and other city ordinances governing their construction. The City Council may therefore waive or modify the specifications or standards where it is found that they are not required in the interests of the residents or of the entire city. The plans and profiles of all streets, utilities and services shall be reviewed, modified if necessary, and approved by the City Engineer and Building Official prior to the final approval of the PUD plan by the City Council. All PUD projects shall be serviced by public water and sewer systems. All utilities, including electrical, shall be placed underground.
(M) PUD regulations. Although it is the intent of these PUD provisions to allow flexibility in development and not to impose unnecessary constraints on PUD projects, there are certain requirements that cannot be waived in order to offer protection to land owners and the city at large inherent in the zoning ordinance. Other regulations are necessary to meet the stated purpose of the PUD District:
(1) The following regulations establish the basic types of development allowed in PUD projects.
(a) Permitted uses. Within a PUD, no land or building shall be used except for 1 or more the following:
1. Those uses listed as permitted, conditional or accessory uses in the district(s) in which the development is proposed;
2. A variety of housing types allowable in any of the residential zoning districts may be provided in a PUD in any of the residential zoning districts;
3. A variety of business types allowable in any of the business zoning districts may be provided in a PUD in any of the business districts;
4. The organizations of various uses and the circulation and parking pattern and activity areas within the PUD shall fully recognize the existing and planned development adjoining the PUD site;
5. Open space and public recreational uses will be allowed within a PUD although not specifically allowed as a permitted use in the Zoning District in which the PUD is located;
6. Business uses not occupying over 10% of the area of a residential PUD may be allowed if the business is designed and intended for use primarily for residents of the PUD or the immediate surrounding neighborhood; is not conflict with the intent of the Comprehensive Plan; and is integrated into the overall PUD Plan. The business uses are not required to be located in a business district;
7. All streets, driveways and parking lots shall be constructed of an impervious, dust free material such as bituminous or concrete, and all sidewalks shall be concrete. Trails and paths may be constructed of bituminous, ag-lime or other durable, dust free material.
(b) Density. The overall density of residential PUDs (units per acre) or the intensity of nonresidential PUDs (lot coverage or floor area ratios) shall be determined by the underlying zoning district(s) and shall be maintained for the overall PUD. However, the density or intensity may be increased on individual parcels within the PUD. Overall residential densities may be increased in a PUD by 10% if the applicant can show that by consolidation of open space and hard cover areas, the net usable open space has been increased by at least 10%. Density shall be based on the net usable area of the PUD parcel, calculated by subtracting the area in public streets and 50% of wetlands from the total parcel area, and dividing the net usable area by the minimum required lot area.
(c) Open space. A minimum of 25% of the total PUD area shall be in open landscaped space, not covered by buildings, walks, drives or parking.
(2) The following regulations are not flexible and can only be modified by the variance procedure established in this chapter.
(a) Flood plain management and wetland regulations.
(b) Regulations such as front, side and rear yard setbacks, parking setbacks, signage, size and location, floor area ratios or building coverage ratios may be modified for interior development and from interior lot lines. However, the regulations for these same items must be met for the total project area and for the relationship to perimeter property lines of the PUD project.
(c) The minimum size of a single use PUD shall be equal to twice the area of the minimum lot size permitted in the district in which the PUD is proposed.
(d) The minimum size of a mixed use PUD shall be equal to twice the sum of the area of the minimum lot size permitted in any district(s) proposed as part of the PUD.
(e) The total number of parking spaces required by uses in the PUD shall be provided within the overall PUD but may be provided in common parking areas serving more than one use or structure if reasonable walking distances and routes are provided.
(N) Governance. Final agreements, easements, dedication, provisions or covenants shall govern the use, maintenance and continued protection of the PUD.
(O) Preparation of Plan. The applicant must have the necessary documents and supporting evidence for all 3 PUD stages prepared and endorsed by a qualified professional team, including, but not limited to, a registered architect, landscape architect or planner and, if the PUD requires the subdivision of land and the installation of public site improvements, a registered land surveyor and registered engineer.
(P) Occupancy. Occupancy and use of buildings and structures in a PUD may be permitted when the buildings and structures have been completed to the satisfaction of the Building Inspector and the access drives and parking areas are sufficiently completed to support emergency vehicles at all times. The applicant must keep all access drives and parking areas in a dust-free condition.
(Q) Amendments. Any changes approved by the Council shall be by motion as an amendment to the final plan.
(Ord. 109, 5th Series, passed 6-3-1999)