(A) Purpose. The purpose of a Planned Unit Development is to permit a greater flexibility in land use regulations than is possible under conventional zoning regulations thereby allowing the developer to use a more creative approach in the development of land. A PUD encourages renewal of older sections of the city where new development is needed to revitalize an area and allows a variety of uses and structures to be placed on a single lot along with common recreational/open space. Ideally, this flexibility results in a development that is better planned, contains more amenities, is more desirable to live and work in and, ultimately, provides substantial benefits to the community and environment compared to the conventional zoning. Because of the flexibility and uniqueness of a PUD, additional requirements may be imposed to ensure that the proposed development pattern blends with its unique surroundings and is a benefit to the community at large.
(B) General standards and requirements:
(1) A PUD shall be in agreement with the Comprehensive Plan’s Goal and Objectives.
(2) No tract of land may receive final approval as a Planned Unit Development without being under a single ownership or entity. Once a Planned Unit Development has been approved, the owner may divide and sell lots within the PUD. However, all owners within the PUD shall complete, use and maintain their lot(s), and the structures thereon, in strict conformance of the adopted Planned Unit Development and all applicable covenants and restrictions.
(3) The site area shall be at least three acres in area. However, in the interest of making use of the Planned Unit Development as a tool to implement the Comprehensive Plan, this size requirement may be waived to allow a PUD project on a site as small as one (1) acre in size if:
(a) The project has unique characteristics and benefits and/or;
(b) The tract in question has unique characteristics that significantly impact development, such as having unusual shape or proportions, unusual topography or potentially incompatible land uses on surrounding property.
(4) Most uses or mixture of uses may be approved within a PUD, provided that uses within the site are compatible and not injurious to the adjacent neighborhood or otherwise detrimental to the public health, safety and general welfare. Only the specific uses proposed in an approved application and shown on the Final Development Plan shall be allowed in the PUD District.
(5) A PUD shall generally have a mixed-use layout (a combination of a variety of residential housing types, varying density levels, and commercial, institutional and/or recreational uses).
(6) Measures shall be taken to assure compatibility with adjacent sites.
(7) A minimum of ten percent (10%) of the land area should be set aside for common open space for amenities for the PUD. Such amenities may include trails, sidewalks, recreational facilities, street trees, playgrounds, bus shelters and/or cluster mailboxes.
(8) Flexibility of design standards and criteria of the city’s subdivision, zoning and sign regulations may be allowed as part of a PUD.
(C) Approval process. A PUD is approved in the same way as a zoning map amendment (rezoning). The Planning Commission holds a public hearing and then forwards their recommendation to the City of Madisonville for final action. A Development Plan, in accordance with the requirements as set forth herein, must accompany the request for a PUD. Any subdivision plans associated with the PUD, may be reviewed by the Planning Commission simultaneously with the PUD. A Planned Unit Development approval process includes three (3) steps.
(1) The first step is to secure the PUD designation in the form of the map amendment. This step also requires the submittal of a Conceptual Plan outlining the entire tract. The Conceptual Plan must show general location and uses of all structures, parking and circulation patterns and common open/green space areas;
(2) The second step is to submit the Preliminary Development Plan for review and approval. To expedite the approval process, the Preliminary Development Plan (as opposed to the Conceptual Plan) may be submitted when applying for the PUD designation. Should the PUD not be approved, the Preliminary Development Plan will become void; and
(3) The third step is the approval or disapproval of the Final Development Plan.
(D) Specific steps. The specific steps for approval are:
(1) Pre-application conference with staff. At this conference, staff reviews a conceptional plan of the proposed PUD Development and makes substantive suggestions concerning process, timing, site design and layout as well as any other relevant matter. This meeting is required to assist the developer/applicant in making a complete application and expedite the process as well as minimize unnecessary costs.
(2) Application for the PUD designation is made to the City of Madisonville who will then forward the matter to the Planning Commission for a public hearing.
(3) After final approval of the PUD designation, a Preliminary and Final Development Plan shall be submitted to the Planning Commission for its consideration and approval. The Preliminary Development Plan will be reviewed in the same manner as a Major Development Plan. In addition to all items required to be shown on a Major Development Plan, the additional information shall be required:
(a) Areas designated for each particular land use including a tabulation of total acreage of the site designated for various uses (i.e., parking, residential, commercial, streets, open/green spaces, etc.);
(b) Common open/green spaces and drafts of appropriate restrictive covenants and documents concerning construction, operation and administration of the area such as open/green spaces, private streets, stormwater facilities, parking areas, etc.;
(c) Other conditions as applicable to the PUD; and
(d) Review fees and development schedule.
(4) Once all requirements of the Preliminary Development Plan have been satisfied and approved, a Final Development Plan, and any protective covenants and/or building/use restrictions, shall be submitted for recording purposes.
(a) The Final Development Plan shall reflect all conditions and requirements imposed by the Planning Commission and/or legislative body during the approval process for the Preliminary Development Plan and/or the PUD designation.
(b) No building permit may be issued until such documents have been recorded.
(E) Expiration of Development Plan. Construction shall be initiated within one (1) year from the date of the Final Development Plan approval by the Planning Commission and shall progress thereafter until the PUD has been completed in accordance with the Development Plan. The Planning Commission may, however, grant an extension to the applicant, provided that:
(1) A formal written request for the extension is presented to the Planning Commission at least sixty (60) days prior to the deadline; and
(2) The written request explains the reasons that construction was not initiated within the time allotted.
(F) Changes and modifications. Any changes or modifications to the approved Final Development Plan, except for minor adjustments which may be approved by staff, shall be made in accordance with the procedure required by this section, subject to the same limitations and requirements as those under which such plans were originally approved. Minor changes may include minor shifting of the location of proposed streets, public or private ways, utility easements, parks or other open spaces. Such minor changes shall not affect the density, boundary lines, use, location of structures or amount of land devoted to open/green spaces.
(G) Revocation. In the event of a failure to comply with the approved Final Development Plan, the Planning Commission may, after notice and hearing, revoke a Planned Unit Development application. For any future consideration, the Development Plan must be resubmitted in accordance with § 156.035(C) above.
(Ord. O-2020-4, passed 8-17-20; Am. Ord. O-2022-15, passed 10-17-22)