Sec. 94-161. PUD: Planned unit development district.
(a)   Intent and purpose. It is the purpose of this district to establish provisions for the submission, review and approval of applications for specific development proposals that rely on more flexible land use and development standards than would normally be permitted by other districts. Such developments shall be authorized as "planned unit developments" pursuant to Section 4b of the City/Village zoning Act. It is the purpose of this district that such PUD districts and development be established only where it is determined that such approval supports the objectives of this chapter and results in a benefit to the community that would not otherwise be realized under traditional district provisions. Such benefit may address innovation in land use and site layout; economy and efficiency in the use of land, natural resources, energy, and the providing of public services and utilities; useful open space; improved housing, employment, and shopping opportunities; and greater compatibility of design and use with the characteristics of the project area and between neighboring properties. This district and its provisions is not intended as a device for ignoring this chapter or the planning upon which it is based. To this end, the provisions of this section are intended to result in land use and development substantially consistent with the planned development pattern for the city, with modifications and departures from generally applicable chapter requirements made in accordance with standards provided in this section to ensure appropriate, fair, and consistent decision making.
(b)   Uses permitted by right. Any land use authorized in this chapter is permitted in this district as a principal use provided that public health, safety, and welfare are not impaired and the essential character of the proposed development meets the general intent of the Master Plan. Where the Master Plan provides for residential development patterns, commercial and other non-residential uses may be permitted as part of a development which also contains a residential component, provided that the applicant demonstrates that the residential uses will be predominant. The planning commission shall determine predominance of use after taking into account the following criteria:
   (1)   The extent to which a non-residential use serves residents in the development compared to others who travel to the site.
   (2)   The amount of traffic generated by the non-residential use.
   (3)   The operational hours of the non-residential use.
   (4)   The proportional land area allocated to the non-residential use.
   (5)   The building area allocated to the non-residential use.
(c)   Permitted accessory uses. Any accessory use authorized in this chapter is permitted in this district if such use is consistent with the requirements of subsection (b).
(d)   Uses authorized by special permit. Any use authorized by special use permit in this chapter is permitted in this district as if such uses were permitted by right. No special use permits are required in this district.
(e)   Site development standards and deviations. The site development standards for all proposed individual land uses and facilities in this district shall conform to this chapter and any applicable sections of this code, including such standards pertaining to lot area and dimensions, density, lot coverage, setbacks, building height, parking, loading, landscaping and screening, road widths, and similar requirements, except that the city council may permit deviations from such standards where such deviations will result in a higher quality of development than would be possible without the deviations.
   (1)   Except where a deviation is granted, standards pertaining to lot area and dimensions, density, lot coverage, and setbacks shall comply with those standards of the district which most closely characterizes the dominant character of the development.
   (2)   Except where a deviation is granted, mixed uses shall comply with the regulations applicable for each individual use, including those standards contained in article VI, of this chapter. If regulations are inconsistent with each other, the regulations applicable to the most dominant use shall apply.
   (3)   Deviation from development standards may be authorized only upon a finding by the city council that there are adequate features or planning mechanisms designed into the project to achieve the objectives intended to be accomplished with respect to each of the standards from which a departure is sought.
(f)   PUD is a separate district. A PUD is permitted only in association with a PUD District. The approval of a PUD shall require an amendment to the Zoning Map constituting a part of this chapter so as to designate the property "PUD", and the PUD shall be subject to the approved PUD application including a site plan.
(g)   Minimum eligibility criteria. The following minimum eligibility criteria shall be met for PUD approval.
   (1)   Recognizable and substantial benefit. The development shall result in a recognizable and substantial benefit to the ultimate users of the project and to the community. Such benefit must otherwise be unfeasible or unlikely under the regulations of other districts.
   (2)   Availability and capacity of public services. The proposed type and intensity of use shall not result in an unreasonable burden on public services, facilities, and utilities.
   (3)   Compatibility with the master plan. The proposed development shall be in accordance with the goals and policies of the City of Mason Master Plan.
   (4)   Compatibility with the intent and purpose. The proposed development shall be consistent with the intent and purpose as stated in subsection (a).
   (5)   Economic impact. The proposed development shall not impede the continued use or development of surrounding properties for uses permitted on such properties.
   (6)   Unified control of property. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this chapter and the specifications of the PUD approval. This provision shall not prohibit a transfer of ownership or control, upon due notice to the zoning official.
(h)   Approval procedure.
   (1)   Optional preapplication conference. Prior to the submission of a preliminary site plan for PUD approval, the applicant may request a meeting with one or more representatives of the planning commission and city council, together with such consultants and other officials and staff as either the city or the applicant deem appropriate. The purpose of the meeting is to inform city officials of the general theme for the proposed development and to provide the potential applicant with information regarding land development policies, procedures, standards and requirements of the city pertaining to the proposed development. Statements made in the course of a preapplication conference shall not be legally binding commitments. At or prior to the preapplication conference (or conferences), the applicant may present a general sketch plan of the proposed PUD that provides an overview of the proposed project.
   (2)   Preliminary plan: application, public hearing, and action.
      a.   The applicant shall submit to the zoning official 20 copies of a PUD application supplied by the zoning official, which shall also include a preliminary site plan. The zoning official shall forward copies to the planning commission. The preliminary site plan shall comply with the requirements of division 1 of article VII of this chapter and include a detailed text description of the proposed development and all requirements from which the applicant is seeking a departure. The zoning official shall transmit copies of the PUD application to other agencies and individuals selected to review such plans including city staff, city consultants, the county drain commissioner, and the county road commission.
      b.   The planning commission shall review the application, including comments by any reviewing agencies or individuals, and shall be entitled to make reasonable inquiries of and receive answers from the applicant. Following review of the application, including the preliminary site plan, the planning commission shall act on the application as if it were an application for rezoning, and in doing so, shall follow the provisions of article XII of this chapter.
      c.   Following the public hearing and any fact finding and additional studies, the planning commission shall prepare written findings regarding the application's conformance with the applicable requirements of this chapter, including the site plan approval standards of division 1 of article VII of this chapter and the special use approval standards of section 94-191(f). The planning commission shall recommend to the city council to approve, deny, or approve with conditions the application, including the preliminary site plan. The planning commission shall prepare and transmit a report to the city council stating its conclusions and recommendation, the basis for its decision, and any recommended conditions relating to an affirmative decision.
      d.   After holding a public hearing on the application with notice as provided in section 94-101 of this chapter, the city council shall take final action to approve, deny, or approve with conditions the application, including the preliminary site plan. In reviewing the application, the city council shall consider the applicable requirements of this chapter, including the site plan approval standards of division 1 of article VII of this chapter and the special use approval standards of section 94-191(f). The city council shall prepare and transmit a report to the applicant stating its conclusions and decision, the basis for its decision, and any conditions relating to an affirmative decision. The effect of city council approval of the application shall be:
         1.   To authorize the fundamental PUD character and layout embodied in the preliminary plan, including any conditions applied to the approval, prior to the preparation of a final site plan.
         2.   To authorize a change to the zoning map to classify the subject property as PUD upon approval of the final site plan by the city council.
   (3)   Final plan and permit issuance:
      a.   Within 24 months following receipt of preliminary plan approval, the applicant shall submit to the zoning official 20 copies of a final plan, or phase one of a final plan, including a final site plan conforming with division 1 of article VII of this chapter and including a detailed text description of the proposed development and all regulations from which the applicant is requesting a departure. If the final plan has not been submitted within such period, the preliminary plan approval shall become null and void unless the city council extends the time for submission of the final plan upon a showing by the applicant that no material change of circumstances has occurred having bearing on the original action of the city council.
      b.   The zoning official shall record the date of the receipt of the final site plan and transmit copies to the planning commission and other agencies or individuals selected to review such plans including city staff, city consultants, the county drain commissioner, and the county road commission.
      c.   The planning commission shall review the final plan and shall be entitled to make reasonable inquiries of and receive answers from the applicant. The planning commission shall prepare and transmit a report to the city council stating its conclusions and recommendation, the basis for its recommendation, and any conditions relating to an affirmative decision. The planning commission shall recommend to the city council to approve, deny, or approve with conditions the final plan. The city council shall take final action to approve, deny, or approve with conditions the final plan. In reviewing the final plan, the city council shall consider the applicable requirements of this chapter, including the site plan approval standards of division 1 of article VII of this chapter and the special use approval standards of section 94-191(f). The city council shall prepare and transmit a report to the applicant stating its conclusions and decision, the basis for its decision, and any conditions relating to an affirmative decision.
      d.   If and when the final site plan is approved, all improvements and use of the property shall be in conformity with the final site plan and any conditions imposed. The applicant shall record an affidavit with the register of deeds containing the legal description of the entire project, specifying the date of approval, and declaring that all future improvements will be carried out in accordance with the approved PUD unless a revision is approved by the city council upon request or approval of the applicant or applicant's transferee and/or assignees. Upon receipt of the recorded documents, the zoning official shall issue a permit for that portion of the PUD project receiving final site plan approval and the city administrator shall amend the zoning map of the city.
(i)   Phasing.
   (1)   Where a project is proposed for construction in phases, the project shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to insure protection of natural resources and the health, safety and welfare of the users of the PUD and residents, businesses and properties of the surrounding area.
   (2)   In developments that include mixed components such as residential and commercial, the city council may require that a specified portion of one component be constructed prior to the initiation of construction of other components, to ensure the intent and spirit of the PUD as approved. For example, if a city area is planned for predominantly residential development and a PUD application is approved that consists of both residential and commercial components, the city council may require that a certain portion of the residences be constructed prior to the initiation of construction of the commercial component.
(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006)