(A) Purpose statement. The purpose of the Planned Unit Development "PUD" district is to:
(1) Promote the mixture of land uses in a creative, economical, and aesthetically pleasing manner.
(2) Encourage flexibility in the design of developments specifically in the preservation of open space, in the protection of natural features, in the utilization of site amenities, and in the creation of designs that are compatible with surrounding uses.
(3) Provide harmonious transitions between uses by utilizing land uses, landscaping, buffers, or other similar techniques.
(4) Allow for safe and efficient transportation networks that accommodate automobiles, bicycles, and pedestrians.
(5) Provide for locations for recreation facilities, education facilities, and other public and semi-public common facilities, while preserving the existing landscape to the greatest extent possible.
(B) PUD regulations.
(1) Principally permitted buildings and uses. Any use shall be allowed with a PUD district subject to the approval of Planning Commission and City Council.
(2) Minimum development area. The minimum area to qualify as a PUD shall be at least five (5) contiguous acres in size. Planning Commission and City Council may approve a PUD District that contains less than five (5) acres if there are special site characteristics that exist and proposed uses justify development of the property as PUD, such as a site redevelopment or infill project.
(3) Multiple buildings on a lot. More than one (1) building is permitted on a lot within a PUD.
(4) Ownership. Evidence shall be provided that the applicant has control over the land contained within the PUD application or a signed acknowledgment from the owner of the land granting permission for the proposed development at the time that the application is submitted.
(5) Setbacks. Peripheral and internal setbacks shall be defined on the PUD plan as approved by Planning Commission and City Council.
(6) Transitions. PUD developments shall be considerate of adjacent developments and shall be designed in a way to mitigate undesirable audible and visual land impacts to the adjacent land uses. Installation of facilities/features required to protect and preserve the character and value of surrounding properties shall be completed before occupancy permits will be issued.
(7) Circulation. The vehicular and pedestrian circulation system shall be designed to fully accommodate vehicular and pedestrian traffic with safety and efficiency within a development.
(C) Establishment of a PUD District. Planned Unit Development Districts, when approved by the Planning Commission and City Council shall be identified on the city's zoning map with notation "PUD".
(D) Concept development plan requirements. The Concept Development Plan shall include the following:
(1) Surveyor engineering drawings of the property to be rezoned to PUD.
(2) Vicinity map.
(3) North arrow.
(4) Scale bar.
(5) Narrative description of the proposed development.
(6) Proposed parcels contained within the development.
(7) Existing property lines of adjacent properties noting the owners of record and existing zoning designations of the adjacent properties.
(8) The location of proposed buildings and land uses within the development. The amount of land area dedicated for each land use shall be indicated.
(9) For developments that include residential uses, the type of dwelling units, dwelling unit density, minimum lot sizes, frontages, and setbacks shall be specified.
(10) Preliminary interior open space system and landscape concepts.
(11) Location of existing and proposed public and private streets, parking areas, and pedestrian network.
(12) Minimum peripheral setbacks around the perimeter of the development.
(13) Location of all existing structures located within the development and within two hundred (200) feet of the boundary of the proposed development.
(14) Proposed locations for dumpster enclosures.
(15) Traffic impact study, if deemed required by City Planner.
(16) Additional information as requested by the City Planner, Planning Commission, or City Council.
(E) Final development plan requirements. The final development plan shall include the applicable information from the concept plan and the following:
(1) Plat prepared by a registered surveyor for entire development area identifying parcel numbers, lines, dimensions, and areas.
(2) The existing topography with contour intervals of not less than five (5) feet, and final contours at two (2) feet maximum.
(3) The location of all existing trees with a caliper of four (4) inches or more.
(4) The proposed size, location, use, and arrangement of buildings, parking areas (with proposed arrangement of stalls and number of cars), entrance and exit driveways and their relation to existing and proposed streets, proposed landscaping, signage, and all other significant features of the proposed development.
(5) Building elevations that indicate proposed architectural character. Building materials and colors shall be identified. Material boards may be required upon request of City Planner.
(6) Design and location of all existing landscaping to be preserved and all proposed landscaping areas, open spaces, buffering plans, retention areas, and yards including the common and scientific names of all proposed plant species and the quantity and sizes of each.
(7) Existing and proposed storm and sanitary sewers, water mains, culverts, and other underground structures.
(8) Lighting, including fixture types, size, and a photometric plan.
(9) Trash facilities, including dumpster pads and enclosure details.
(10) Notation of any right-of-way dedication that may be necessary for the widening or extension of any major streets.
(11) Sign plan indicating locations, sizes, and designs for all proposed signs.
(12) A phasing plan for the development, if any.
(13) Professional engineers and/or architect's stamp and signature.
(14) Additional information as requested by the Planning Commission or City Council to supplement the above information when special conditions occur.
(F) PUD process.
(1) Pre-submittal meeting. Prior to submitting the concept development plan the property owner or owner's representative is encouraged to meet with the City Planner, and other city staff as deemed necessary, to discuss the development informally. The purpose being to discuss the intent of the development and the PUD process and to identify any preliminary concerns with the proposed development.
(2) PUD zone map amendment and concept development plan submittal.
(a) The owner or owner's authorized representative shall apply to the City Planner for a PUD zone map amendment and concept development plan approval in accordance with the provisions of this section.
(b) The City Planner shall determine it the application is complete or if additional information is needed. Upon determination that the application is complete, it shall be referred to the Planning Commission for review.
(c) The Planning Commission shall hold a public hearing on the PUD zone map amendment and concept development plan in accordance with § 154.122
(C): Public Notification for Public Hearings and shall furnish to City Council its recommendation with respect to the submitted plans.
(d) The City Council shall hold a public hearing on the PUD zone map amendment and concept development plan and shall review and act on the application. City Council may approve, conditionally approve, or disapprove the PUD zone map amendment and concept development plan.
(e) In the case of an adverse recommendation by the Planning Commission, such application shall require the affirmative vote of no less than two-thirds (2/3) of the City Council members to reverse Planning Commission's recommendation.
(f) If the PUD zone map amendment and concept development plan is approved by City Council, the City Planner shall update the Official zoning Map to identify the subject property as being zoned "PUD" and the owner or owner's authorized agent may submit the final development plan.
(3) Final development plan submittal.
(a) The final development plan, together, with an application, shall be filled with the City Planner.
(b) The City Planner shall determine if the application is complete or if additional information is needed. Upon determination that the application is complete, it shall be referred to the Planning Commission.
(c) The Planning Commission shall review the application package and act on the final development plan. Planning Commission may approve, conditionally approve, or disapprove the final development plan based on the plan's consistency with the concept development plan and the final development plan requirements. The Planning Commission, for any reason, may decide to send the final development plan to City Council for review and Council action. In this instance, Planning Commission shall still provide City Council with their recommendation on the submitted final development plan.
(4) Building permit. Following the approval of the final development plan, the owner or owner's authorized agent may submit for building permits.
(G) Combined concept and final development plan. The owner or owner's representative may request to combine the applications for the concept and final development plans. The City Planner may approve or deny this request based on the type of application, completeness of plans, and timing requirements of the project. All requirements of both the concept and final development plans shall be met for a combined plan submittal. If approved by the City Planner, the owner or owner's representative shall submit the PUD zone map amendment with the final development plan and any additional information that is required for the concept development plan such as project narrative and adjacent developments. The application shall follow the process established for the concept development plan including a public hearing and recommendation by Planning Commission and a public hearing and action by City Council.
(H) Compliance with the plan. Structures, improvements and landscaping shall be built and installed and maintained according to the plan as approved by the city. This will be in respect to all requirements of the plan and shall include, but is not limited to, the location of the structures, location and layout of all streets and sidewalks including public right-of-way, layout and improvements of off-street parking and loading areas, location and width of driveways, ingress and egress to and from the site, grading, location and planting of landscaped areas and fencing, and location and design of lighting and signs. One such structures, improvements, and landscaping have been built or installed, it shall be the duty of the owner or the owner's representative to maintain the premises and structures in accordance with the approved plans. All roadways and sidewalks within proposed public right-of-way shall be maintained by the owner until accepted by the city.
(I) Amendments to the PUD. The Planning Commission has jurisdiction to administratively approve appropriate variations from either the concept or final development plan provided that the variations shall remain in harmony with the general purpose and intent of the development. Any application for a substantial variation, to be determined by the planning commission, from a development plan as previously approved shall be considered a new concept development plan that shall be administratively reviewed for action by City Council.
(J) Enforcement and penalty. This section is subject to enforcement and penalty as specified in § 154.993: Penalties.
(Ord. 22:2019, passed 6-10-19)