(a) Definitions and Interpretation. For the purposes of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
ACTUAL START OF CONSTRUCTION. Either the first placement or permanent construction of a structure on a site, such as the pouring of slab footings or the installation of piles. The following shall not be construed as or be interpreted as constituting the ACTUAL START OF CONSTRUCTION: land preparation, such as clearing, grading and filling; the excavation for a basement, footings, piers, foundations or the erection of temporary forms.
COMMUNITY. The physical environs and area located either totally or partially within the boundaries of the City.
DIRECTOR. For the purposes of this document, the Planning Director shall be the City Planner or the City Manager’s Designee.
IMPERVIOUS SURFACE. All surfaces that do not absorb water, including but not limited to roads, sidewalks, parking areas, roofs, and any area paved in concrete, asphalt, or solid pavers.
INSTITUTIONAL USES. Colleges, universities, schools with any of first through twelfth grades, seminaries, churches, places of worship, public or governmental libraries, hospitals and medical centers, museums, governmental or public offices and buildings, community centers, indoor recreation centers, cemeteries, or uses of similar character.
MAIN BUILDING or MAIN STRUCTURE. A building in which is conducted the main use of the lot where the building is situated and includes areas such as garages, carports, and storage areas that are attached to such building or structure. Such term shall not include buildings or structures in which accessory uses are conducted.
MAIN USE. The principal use or uses to which the premises are devoted and the principal purpose or purposes for which the premises exist.
OPEN SPACE. Any area or areas within a development not covered by structures, parking lots, asphalt and/or concrete pavement. As determined by the Planning Commission, walkways and certain structures that are an integral part of a landscaping and beautification plan for development may be counted as open space.
PUD. The Planned Unit Development.
PUD AGREEMENT. An agreement, entered into between the city and the developer, intended to assure the completion of certain improvements, either not usually included in a subdivider's agreement and performance bond or in the absence of a subdivider's agreement and performance bond, which may not otherwise be completed in a timely and satisfactory manner. Such improvements may include, but are not limited to, landscaping, roadway improvements, and detention facilities.
SPECIFIC SITE PLAN. A detailed development plan for a part of, or all of, a planned unit development indicating the specific proposed locations of structures and signs, parking areas, means of vehicular access and movement, pedestrian walkways, landscaping and open space, lighting plans, buffering and screening devices, utility services, drainage and runoff control systems, and other details as required by this chapter.
SLOPE. The relationship between the change in elevation of land (rise) and the horizontal distance over which that change in elevation occurs (run). Slope shall be calculated by dividing the rise by the run, multiplied by 100, and expressed as a percentage.
SUPPLEMENTARY CONDITIONS. The Planning Commission or City Council may require conditions that modify or alter proposed PUD zoning classification application or specific site plan applications.
(b) Project Control and Ownership. Planned unit development district designation is intended to apply to development sites that are under single ownership or unified control. The project land may be owned, leased, or controlled by either one or more persons, partnerships, corporations or other appropriate business associations capable of satisfying the objectives and requirements of the planned unit development district. The city may require proof of ownership, covenants, easements, and other forms of property rights or control to ensure satisfactory compliance with PUD objectives and requirements.
(c) PUD Agreement. Upon approval of a specific site plan, the city, at its sole discretion, may require the PUD developer to enter into a PUD agreement with the city, and to furnish a performance bond for the purposes of assuring completion of all requirements for improvements such as landscaping and drainage control facilities and any conditions and safeguards as may be set by the City Council and the adopted ordinance approving the specific PUD development. At its discretion, the city may accept a letter of credit or other form of performance guarantee and security in lieu of a performance bond. In all cases the sufficiency and adequacy of such bond, letter of credit or other form of guarantee or security shall be at the sole determination of the city.
(d) Utility Requirements. All initial and all future expanded utility systems within the limits of all planned unit development districts are required to be placed underground. Utility systems subject to this requirement shall be those that primarily serve the development within the PUD district and shall include, but not be limited to telephone, cable television, and electrical systems. Appurtenances of these systems which can be effectively screened may be excluded from this requirement if the Planning Staff determines that such appurtenances are essential for utility service to other areas of the community and that such exclusion will not violate the intent or character of the proposed planned unit development or any conditions, restrictions or other requirements imposed upon the development.
(e) Application Process and Sequence. Due to the flexible and special character of planned unit development districts and projects, and to assist reviewing authorities in evaluating the merits and making findings of proposed PUD projects, the full PUD approval process generally involves either a two stage review or a single stage/concurrent review. The applicant may select either the two-stage review process or the single stage/concurrent review process. Unless the applicant informs the Planning Director at the time of submission of the PUD zoning classification application of selection of the single stage/concurrent review process, the applicant shall be considered to have selected the two stage review process.
(1) Two-stage review process.
A. First stage. The first stage of the two-stage PUD review process shall consists of submission of an application for PUD zoning classification in accordance with division (f) of this section and Section 1155.05(a) - (c). The Planning Commission shall review and make a recommendation on the PUD zoning classification application in accordance with Section 1155.05 (d) - (f). The City Council then, in accordance with Section 1155.05(g) and (h), reviews the PUD zoning classification application and makes a decision to either approve as submitted, approve with supplementary conditions or disapprove the application. Approval of PUD zoning classification constitutes only approval of PUD district zoning for the subject property. A specific site plan shall be submitted and approved prior to the issuance of a City zoning permit for the subject property.
B. Second stage. Unless the applicant selects the single stage/concurrent review process as per division (f)(2) of this section, the second stage of the two-stage PUD approval process begins at the initiation of the applicant and only if the PUD zoning classification application submitted in the first stage was approved or approved with supplementary conditions by City Council. The second stage generally consists of submission of a specific site plan for the subject property in accordance with division (f) of this section and Section 1155.06(a), (b), (e), and (f). An administrative review and recommendation upon the specific site plan application is then conducted by the Planning Commission in accordance with Section 1155.06(g), (h) and (i). The City Council then, in accordance with Section 1155.06(j) and (k), reviews the specific site plan application and makes an administrative decision to either approve the application as submitted, approve with supplementary conditions or disapprove.
(2) Single stage/concurrent review process. At the applicant's option the first and second stage of the two-stage review process may be combined for a single stage/concurrent review process. If the applicant elects such option, a PUD zoning classification application and a related specific site plan application, in accordance with Section 1155.05(c) and 1155.06(b), shall be simultaneously submitted by the applicant and both applications shall proceed through a single stage/ concurrent review process. In such case, the Planning Commission shall concurrently review both applications, but shall first make a recommendation upon the PUD zoning classification prior to making a recommendation upon the specific site plan application. The City Council then shall concurrently review both applications, but shall first act upon the PUD zoning classification prior to taking administrative action upon the specific site plan application.
(f) Application Completeness and Officially Filed Status. Planned unit development and specific site plan applications shall not be considered officially filed until the applicant has submitted all applicable filing fees, and submitted to the Planning Department all information as may be required by this Zoning Code. Completeness of an application and submission of all necessary information is the responsibility of the applicant. Only after an application is determined by the Director to be complete and officially filed will application review procedures begin. Applications for specific site plan approval that do not adhere to the substantial conformance requirements of Section 1155.06(e) may be considered to be incomplete, not officially filed, and not subject to city review procedures.
(g) Site Arrangement Requirements. The buildings, circulation, open space, landscaping and other elements of the proposed PUD development shall be arranged, planned and designed on the site to produce:
(1) Favorable relationships with the existing natural topography, bodies of water or water courses, existing desirable vegetation, exposure to significant views and exposure to sunlight and wind;
(2) Safety, convenience and ease of pedestrian and vehicular movement on, about and throughout the site and between the site and the community;
(3) An overall positive visual quality throughout, into and from the development site;
(4) An efficient, functionally organized, and cohesive development; and
(5) All areas designed for future expansion or not intended for immediate improvements or development shall be landscaped or otherwise maintained in a neat and orderly manner.
(6) Landscaping and screening shall be as specified in Section 1187.05, the City Landscape Manual, also available at the Community Development Department.
(h) Zoning Map Identification. Areas approved as a planned unit development district will be clearly marked and identified on the zoning map by indicating the specific PUD district upon which approval was granted, either R-PUD, B-PUD, MX-PUD or M-PUD; followed by the appropriate case number.
(i) Multiple Pud Projects. A proposed PUD project, either voluntary or mandatory, shall be considered a "multiple PUD project" when each individual use proposed for the project is permitted by at least one of the various PUD zoning districts (Example: RPUD), while at the same time all of the proposed uses for the project are not permitted by only one, single PUD zoning district (Example: R-PUD and B-PUD). A multiple PUD project requires differing PUD district zoning classifications for respective, contiguous portions of the property proposed for development. When the proposed development is a multiple PUD project the applicant shall file a single PUD zoning application, identifying each specific PUD zoning district, incorporating a functional and general location phasing plan for each individual PUD, a functional and general locational sequencing schedule for the full multiple PUD project, and all other necessary application materials as per Section 1155.05 (c). A multiple PUD differs from an MX-PUD (Section 1155.13) in that the differing uses (such as, residential mixed with commercial) are located in the distinctive appropriate PUD District.
(j) Transition of Pud Provisions and Regulations.
(1) Effective date of Sections 1155.01 through 1155.14 revisions. The provisions and regulations of this Zoning Code pertaining to planned unit developments, Sections 1155.01 through 1155.14, have hereby been established by Ordinance No. 1474-02. As used in this section, the effective date of the planned unit development provisions and regulations is the same as the effective date of Ordinance No. 1474-02.
(2) Applications filed prior to effective date. All PUD applications and all requests to modify, change, amend or alter a PUD that are officially filed shall be governed by the PUD provisions and regulations in effect on the official filing date of the application or request.
(3) Applications filed after effective date. On and after the effective date, all PUD applications and all requests to modify, change or alter a PUD shall be governed by the PUD provisions and regulations in effect at that time.
(k) Appeal of Director Determination. In order to assure that Planning Commission and City Council have all information pertinent to the decision making process contained within this chapter, the Director has been given the responsibility to require additional information as necessary in order for Planning Commission and City Council to make an informed decision. Any applicant who objects to the provision of additional information may request a determination by Planning Commission at its next regularly scheduled meeting. No further action shall take place regarding the application and submission until the Planning Commission has rendered its decision, which shall be final. (Ord. 1474-02. Passed 9-26-02.)