A. Purpose: Planned Unit Development (PUD) is established as an overlay zoning district and is intended as an alternative to conventional development. Approval of a PUD requires the submission to the Planning Commission and the City Council of a proposed outline development plan and accompanying development standards applicable to a particular tract, for discretionary review. The PUD provisions are established for one or more of the following purposes:
1. To permit and encourage innovative land development while maintaining appropriate limitation on the character and intensity of use and assuring compatibility with adjoining and proximate properties.
2. To permit greater flexibility within the development to best utilize the physical features of the particular site in exchange for greater public benefits than would otherwise be achieved through development under this title.
3. To encourage the provision and preservation of meaningful open space.
4. To encourage integrated and unified design and function of the various uses comprising the planned unit development.
5. To encourage a more productive use of land consistent with the public objectives and standards of accessibility, safety, infrastructure and land use compatibility.
B. Applicability:
1. A PUD may be submitted for land located within any general zoning district or combination of general zoning districts. In every instance, the PUD is to be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. The regulations of the general zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this section.
2. Approval of both outline and final outline development plans is required prior to development in a PUD District. Outline development plans are subject to recommendation by the Planning Commission and approval by the City Council.
3. An outline development plan may be submitted concurrently with a petition for annexation or a request for rezoning.
4. The planned development ordinances or parts of ordinances approved prior to the effective date of this title shall be carried forth in full force and effect and are the conditions, restrictions, regulations, and requirements that apply to the respective planned development districts shown on the Zoning Map at the date of adoption.
C. Effect Of Approval: Upon approval of a PUD, no modification of use or bulk and area requirements of the applicable general use district or districts shall be effectuated by issuance of any building or zoning clearance permit until a subdivision plat incorporating the provisions and requirements of this section and subsection 10-3-1E of this title is submitted to and approved by the Planning Commission and the City Council and duly filed of record in the Office of the County Clerk of the county in which the PUD is located.
D. Procedure: The common development review procedures of section 10-6-2 of this chapter shall apply, with modifications as noted below.
1. Step 1: Pre-Application Conference: During the required pre- application meeting with the City Administrator, a determination will be made as to whether or not a draft PUD submittal is required. If it is determined that a draft PUD submittal is needed, it shall be submitted for staff review at least two (2) weeks prior to the application being submitted.
2. Step 2: Development Application Submittal: Applicable as follows: The application for PUD shall include an outline development plan. The City Administrator shall require sufficient detail in the outline development plan to provide an opportunity for the reviewing bodies to make informed decisions and evaluate compliance with the applicable approval criteria. The plan shall include, at a minimum, maps drawn to scale and text, which identify:
a. The existing topographic character of the land including floodplains and treed areas.
b. Sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed.
c. An explanation of the character and concepts of the proposed planned unit development.
d. A delineation of one or more proposed development areas and the specification of the size of each development area and the identification of the land uses proposed therein, and the intensity of land use proposed therein. The intensity of residential uses shall be expressed in number of dwelling units. The intensity of nonresidential uses shall be expressed in gross floor area of buildings.
e. The proposed maximum building heights and minimum building setbacks.
f. The approximate location of proposed streets and access points and delineation of any proposed private streets.
g. The proposed number of off-street parking spaces.
h. An explanation of proposed open space areas, landscaped areas and screening features including specification of the size of the open space and landscaped areas and statistical particulars of perimeter screening, landscaping and setbacks.
i. An explanation of the intended ownership of the common areas and the entity or entities responsible for the maintenance of the common areas.
j. The expected schedule of development including phasing.
k. Location of public and private open space.
l. Existing or proposed utilities and public services.
m. A statement that development on the site will meet applicable standards of the underlying zoning district and this title, or a statement specifying the standards of the underlying district and this title to which modifications are proposed and the justification for such modifications.
n. A statement specifying the public benefit(s) to be contained in or associated with the PUD.
3. Step 3: Determination Of Application Completeness: Applicable.
4. Step 4: Notice: Applicable. Written, published, and posted notice required.
5. Step 5: Staff Report: Applicable.
6. Step 6: Public Hearings: Applicable, as follows: Two (2) public hearings are required. The first hearing shall be held by the Planning Commission, and the second hearing shall be held by the City Council.
7. Step 7: Decision And Findings: Applicable. The following additional procedures shall apply:
a. Review and recommendation by Planning Commission.
(1) The Planning Commission shall hold a public hearing on the outline development plan. Within sixty (60) days from the filing of a complete application (unless an applicant has requested and been granted a continuance), the Planning Commission shall conduct a public hearing. The commission shall recommend that the City Council approve the plan as submitted, approve the plan with modifications, or deny the plan and shall forward the recommendation to the City Council.
(2) An application recommended for denial shall not be considered further unless the applicant, within fifteen (15) days from the date of the Planning Commission action, files a written request with the Development Services Department for a hearing by the City Council.
b. Action By City Council: The City Council shall hold a public hearing on the outline development plan not sooner than ten (10) days subsequent to the date of the Planning Commission action. At the close of the hearing, the Council shall approve, approve with modifications, or deny, or return the application to the Planning Commission for further consideration. Approval of the outline development plan shall vest no rights to the applicant other than the right to submit a final outline development plan.
c. Submission Of Final Outline Development Plan As Approved: For the purposes of achieving a reasonably accessible and accurate record of each approved PUD, a final outline development plan, as approved by the City Council, shall be filed as follows:
(1) Filing After Planning Commission Recommendation: Within ten (10) days after Planning Commission recommendation of approval of a proposed PUD, the applicant shall file with the Development Services Department five (5) paper copies and one electronic copy in a PDF format of a revised outline development plan that incorporates any modifications to the outline development plan recommended by the Planning Commission and accepted by the applicant.
(2) Filing After City Council Approval: Within ten (10) days after City Council approval of a proposed PUD, the applicant shall submit to the Development Services Department five (5) paper copies and one electronic copy in a PDF format of a revised outline development plan that incorporates any City Council modifications to the outline development plan, if any, as last submitted by the applicant.
(3) Approved Final Plan: Within ten (10) days after City Council approval of a proposed PUD and receipt from the applicant of five (5) copies of an outline development plan that incorporates all modifications made by the City Council, if any, or if a previously submitted outline development plan fully is consistent with the approval action of the City Council, the Development Services Department shall date and endorse five (5) copies as the approved final outline development plan and shall provide an endorsed copy to the applicant.
(4) Notation On Zoning Map: Upon approval of an application for PUD, the zoning map shall be amended to set forth the supplemental zoning district designation "PUD" and a reference file number.
(5) Issuance Of Building Permits: Upon the amendment of the zoning map designating a property as a PUD, no building permit shall issue except in accordance with the approved outline development plan and the approved development standards and conditions, including but not limited to the recording of the required subdivision plat and the approval of required site plans.
8. Step 8: Criteria For Approval: Applicable, as follows: The City Council may approve outline development plans, and the Planning Commission may recommend approval, if the rezoning to the PUD Overlay District and the associated outline development plan meets all of the following criteria:
a. The PUD addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this title and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments.
b. The PUD is consistent with the purposes of this title; and
c. The PUD is consistent with the PUD standards in subsection 10-3-1E of this title.
9. Step 9: Conditions Of Approval: The following shall be standard conditions of the approval of a PUD:
a. The development standards set forth within the applicant's submitted outline development plan shall be deemed to be incorporated within the action of the City Council in its approval of the application for PUD except as modified therein.
b. The requirements of the general zoning districts in which the property is located shall remain applicable except as modified within the approved outline development plan and as may be further modified by the City Council in its approval of the application for PUD.
c. A PUD shall be platted or replatted in accordance with the requirements of subsection E, "Coordination With Subdivision Approval", of this section.
d. A detailed site plan shall be submitted for proposed buildings and improvements within the PUD in accordance with the requirements of subsection F, "Coordination With Site Plan Approval", of this section.
e. The development of an approved PUD shall be subject to the planned unit development provisions of this title, as the provisions existed on the date of approval of the PUD by the City Council, provided however:
(1) The procedural provisions of this title as existing on the date of the filing of an application for amendment to an approved planned unit development, including but not limited to required notice, shall be applicable to such amendment.
(2) The substantive provisions of this title pertaining to PUD as amended subsequent to the date of approval by the City Council of a PUD, including but not limited to changes in the permitted use or intensity of use of the underlying general zoning districts, may be incorporated within the previously approved PUD upon the approval of the City Council of an application for amendment.
10. Step 10: Amendments: Applicable as follows:
a. Major Amendments: Amendments to an approved PUD that would constitute a significant departure from the approved outline development plan are called "major amendments", and shall require compliance with the notice and procedural requirements of an original PUD; provided, however, notice by mailing may be limited to the owners of property within three hundred feet (300') of the area of the PUD to which the amendment is applicable, and notice by posting may be limited to the area of the PUD to which the amendment is applicable.
b. Minor Amendments:
(1) Amendments to an approved PUD that do not constitute a significant departure from the approved outline development plan are called "minor amendments" and shall require notice to be given, by certificate of mailing, only to the record title owners of the properties that are within the PUD and are immediately adjacent to the lot(s) or property(ies) that are the subject of the amendment to the approved PUD. Minor amendments may be approved by the Planning Commission.
(2) In instances where, in the initial consideration of an application for PUD, the City Council has imposed a condition of approval that is more restrictive than the recommendation of the Planning Commission, amendment of that condition shall require City Council approval.
(3) Minor changes in the location, siting, and height of structures, streets, driveways, and open spaces generally may be approved as minor amendments to approved PUDs. However, nothing in this section shall preclude the Planning Commission from determining that, in a particular instance, the requested amendment should be deemed a major amendment.
(4) In no case may the minor amendment process be used to cause any of the following:
(A) A change in the use or character of the development;
(B) An increase by more than one percent (1%) in the overall coverage of structures;
(C) An increase in the density or intensity of use;
(D) An increase in the problems of traffic circulation and public utilities;
(E) A reduction of not more than one percent (1%) in approved common open space;
(F) A reduction in off-street parking and loading spaces;
(G) A reduction in required pavement widths.
(5) An appeal to the City Council from a decision of the Planning Commission approving or denying a minor amendment may be taken by any person aggrieved by the filing of a notice of appeal with the Development Services Department within fifteen (15) days from the date of the Planning Commission decision.
11. Step 11: Lapse: Applicable, as follows:
a. If a plat has not been recorded on any portion of the PUD within two (2) years after its approval by the City Council, the PUD shall expire. The property owner may request an extension of the PUD for twelve (12) months by submitting a written explanation and demonstration that no Code changes are affected by this extension. Two (2) one-year extensions may be considered and approved by staff. If a plat has not been recorded on any portion of the PUD within four (4) years after its initial approval, it shall expire and zoning shall revert to its pre-PUD status. Once a plat is recorded on any portion of the PUD, the entire PUD is validated.
b. Abandonment of a PUD shall require the approval of the City Council, after recommendation by the Planning Commission, of an application for amendment of the zoning map repealing the PUD overlay designation. Upon filing of an application for abandonment of a PUD, the Planning Commission shall forthwith advise the City Council of the application and the City Council may thereupon direct the Planning Commission to initiate an application to amend the underlying general zoning district or districts within which the PUD is located. In each instance where an application for amendment to the underlying general zoning district or districts was approved concurrently with the approval of a PUD, the City Council may direct that the applicant for abandonment forthwith file an application to amend the underlying general zoning district or districts to the district or districts existing prior to the approval of the PUD. Alternatively, upon the hearing by the City Council of an application for abandonment of a PUD, the City Council may approve the abandonment upon condition that the underlying general zoning district or districts be amended as determined by the City Council to be appropriate.
E. Coordination With Subdivision Approval: Following submission of the final outline development plan, as approved, a planned unit development subdivision plat shall be filed with the Planning Commission and shall be processed in accordance with the subdivision regulations, and in addition to the requirements of the subdivision regulations, shall include within the plat and/or the deed of dedication:
1. The location of permitted uses and the intensity of permitted uses.
2. The designation of any private streets, the right-of-way width and improvement specifications thereof, and the entity responsible for maintenance of the private streets.
3. Provisions for the ownership and maintenance of any common open space as will reasonably insure its continuity and conservation. Open space may be conveyed to a property owners association or dedicated to the public, provided that a dedication to the public shall require the approval of the City Council.
4. Covenants reasonably assuring the continued compliance with the approved outline development plan, which shall include, but without limitation, covenants pertaining to such matters as permitted uses, intensity of uses, location of uses, height of structures, setbacks, screening, access and applicable conditions of approval. In order that the public interest may be protected, the City of Marlow shall be made beneficiary of the required covenants pertaining to the PUD and shall provide that the City of Marlow may enforce compliance therewith and shall further provide that amendment of the covenants shall require the approval of the Planning Commission and City Council and shall be implemented by a written instrument of amendment, duly recorded and bearing the approval of the Planning Commission and City Council.
F. Coordination With Site Plan Approval:
1. A detailed site plan of each area within an approved PUD proposed for construction of improvements shall be submitted to the City Administrator for approval upon determination that the proposed improvements are in accordance with the development standards of the final outline development plan and the conditions of approval imposed. The site plan shall be submitted and processed pursuant to section 10-6-6 of this chapter.
2. As applied to the area of the PUD approved for single-family detached dwellings or duplex dwellings, the required subdivision plat shall be deemed to be the required detail site plan, provided, however, the City Council, as a condition of the approval of an outline development plan, may require that a detail site plan of any proposed gating of private streets and related entry features be submitted to the City Administrator for review and approval. (Ord. 420, 12-18-2017)