§ 154.075  “PUD” PLANNED UNIT DEVELOPMENT DISTRICT.
   (A)   General description. The Planned Unit Development District (PUD) is a special zoning district category that provides an alternate approach to conventional land use controls. The PUD process offers an opportunity for more creative solutions to redevelopment issues while at the same time requiring a proposal that conforms to the goals and policies of the city’s Comprehensive Plan. The PUD is subject to special review procedures, and once approved by the City Council it becomes a special zoning classification for the property it represents. Any proposed modification in the form of a change in zoning of a part of the PUD area constitutes a requirement to amend the entire PUD to accommodate the area being excluded.
   (B)   Intent and purpose.
      (1)   Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use of the project to assure compatibility with adjoining and neighborhood properties;
      (2)   Permit flexibility within the develop- ment to maximize the unique physical features of the particular site;
      (3)   Encourage efficient use and re-use of land, and facilitate economic arrangement of buildings and circulation systems;
      (4)   Achieve a continuity of function and design within the development that results in an economically feasible project which conforms to the Comprehensive Plan and is compatible with development patterns in the surrounding neighbor- hood; and
      (5)   Provide a tool for negotiating modifications in standard zoning district regulations in order to achieve innovative design solutions that will protect the health, safety and general welfare of the citizens.
   (C)   Planned unit development authorized.
      (1)   A PUD may be authorized by an amendment to the Official Zoning Districts Map after public hearings by the Planning Commission and City Council; provided, the PUD complies with the requirements contained herein.
      (2)   A PUD shall be considered a special zoning district, and it may be authorized for any use or combination of uses permitted.
   (D)   Planned unit development submission requirements.
      (1)   The developer of a PUD shall follow a four-step application and review procedure:
         (a)   Application for rezoning and submission of PUD master plan, including: design statement and master development plan map;
         (b)   Preliminary plat, where required by the subdivision regulations;
         (c)   Final plat, where required by the subdivision regulations; and
         (d)   Application for building permit and site plan review.
      (2)   Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted on divisions (D)(1)(c) and (D)(1)(d) above. The Planning Commission and City Council may, however, review more than one step at the same public hearing.
   (E)   Step 1 - planned unit development master plan. The basis for review and approval of a PUD is the master plan, which shall be adopted as a part of the ordinance of rezoning. The PUD master plan shall contain a design statement and a master development plan map that shall include, at a minimum, the following information:
      (1)   PUD design statement. The PUD design statement shall be a written report containing the following elements:
         (a)   Title of the PUD;
         (b)   List of the property owners and proposed developers;
         (c)   Specific location of the proposal, and a legal description of the property;
         (d)   Reference to the Comprehensive Plan policy for the subject property, including a map showing zoning and land uses within a minimum of 300 feet of the subject; and
         (e)   A description of the development proposal including:
            1.   Existing and proposed land uses;
            2.   Existing and proposed densities where housing is involved;
            3.   Existing and proposed points of access;
            4.   Drainage information, including a topographic map of the property with five-foot contours;
            5.   A description of building use types, proposed private restrictions, and typical site layouts;
            6.   A list of all special development regulations requested and/or the conventional zoning district regulations that will be applicable; and
            7.   A specific timetable for the development.
      (2)   Planned unit development master development plan map. The master development plan map shall be a graphic representation of the plan for the PUD area prepared at a scale of one inch equals 100 feet. It shall show, at a minimum, the following:
         (a)   The subject property and sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, including structures, streets and other physical features;
         (b)   Specific siting of planned buildings, parking, driveways, landscaping and open space, utility easements, setbacks and other specific information about the project;
         (c)   Detailed landscaping plans showing treatment of a minimum of 6% of the lot area, plus street right-of-way; and
         (d)   Any other pertinent information necessary for review, approval and administration of the PUD.
      (3)   Review and approval.
         (a)   The PUD application will be considered by the Planning Commission and City Council at public hearings in accordance with established review procedures for consideration of applications for rezoning. As a part of the city review, the Planning Commission or City Council may require additional information, including, but not limited to, the following: evidence of a market feasibility study; drainage study or other engineering data and plans; infrastructure improvements or dedication of necessary easements and rights-of-way; developer meetings with surrounding property owners; re-platting; building elevations; specific plat restrictions, covenants, height, use, setback or coverage requirements; creation of a property owners’ association; performance bond or other surety for required public improvements.
         (b)   Upon final approval by the City Council of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the Official Zoning Districts Map. The ordinance of rezoning shall adopt the PUD master plan and all supporting documentation by reference, and it shall become a part of the official records of the city.
         (c)   The PUD master plan shall control the development of the property, and all building permits shall be in accord with the plan until it is otherwise amended by the City Council. The developer shall furnish a reproducible copy of the master plan map at a scale of one inch equals 100 feet for signature by the Chair of the Planning Commission and the Mayor, with acknowledgment by the City Clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the City Clerk.
   (F)   Step 2 - preliminary plat. Upon approval of the PUD master plan and ordinance of rezoning, the developer shall prepare a preliminary plat of the entire development area. Where a recorded plat for the entire area comprising the proposed PUD already exists, and where there will be no sale of lots which do not conform to the platted lot lines, the Planning Commission may waive the platting requirements.
   (G)   Step 3 - final plat. Where a subdivision plat has been required, the developer shall prepare a final plat, or plats in the case of sequential development, for review, approval and filling of record according to procedures established by the Planning Commission and City Council. In addition to these procedures the final plat shall include:
      (1)   Provisions for the ownership and maintenance of common open space. This open space may be dedicated to a private association or to the public; provided that, a dedication to the public shall not be accepted without the approval of the City Council;
      (2)   A homeowners’ or property owners’ association shall be created if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities, including private street drives, service and parking areas and recreation areas; and
      (3)   Covenants shall be submitted to reasonably ensure the continued compliance with the approved PUD master plan. If there is no plat required, then divisions (G)(1) and (G)(2) above shall be submitted and approved as part of the PUD master plan at the time of rezoning.
   (H)   Step 4 - building permit application and site plan review. A site plan for the area to be developed within the PUD shall be submitted with the application for a building permit and shall be reviewed by the Planning Commission and City Council for conformance with the standards established in the PUD master development plan. No building permit shall be issued by the city for the PUD area until these requirements have been met.
   (I)   Review, approval and administrative procedures.
      (1)   Steps 1, 2 and 3 of the PUD application process will be considered by the Planning Commission and City Council at public hearings in accordance with established review procedures for consideration of applications for rezoning and subdivisions. As a part of the city review, the Planning Commission or City Council may require additional information, including, but not limited to, the following: evidence of a market feasibility study; drainage study or other engineering data and plans; infrastructure improvements or dedication of necessary easements and rights-of-way; developer meetings with surrounding property owners; re-platting; building elevations; specific plat restrictions, covenants, height, use, setback or coverage requirements; creation of a property owners’ association; performance bond or other surety for required public improvements.
      (2)   Upon final approval by the City Council of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the Official Zoning Districts Map. The ordinance of rezoning shall adopt the PUD master plan and all supporting documentation by reference, and it shall become a part of the official records of the city.
      (3)   The PUD master plan shall control the development of the property, and all building permits shall be in accord with that plan until it is otherwise amended by the City Council. The developer shall furnish a reproducible copy of the master plan map at a scale of one inch equals 100 feet for signature by the Chair of the Planning Commission and the Mayor, with acknowledgment by the City Clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the City Clerk.
      (4)   No building permit shall be issued by the city for the PUD area until these requirements have been met.
   (J)   Abandonment or amendment.
      (1)   If the property owner determines to abandon the PUD zoning, he or she shall make application for rezoning either to the original status or to a new classification. The application shall be heard by the Planning Commission and City Council according to regular zoning change procedures.
      (2)   (a)   An application for rezoning to change part of the area of a PUD to a different zoning district classification shall be considered an amendment of the original PUD. The Planning Commission shall review the commitments and provisions of the original PUD as approved to determine the impact of the new application on the PUD.
         (b)   The Planning Commission may require consideration of an amendment to the entire PUD as an element of the proposed zoning change.
(2002 Code, § 154.065)  (Ord. 486, passed 5-12-2003)