1167.01 PURPOSE .

   The purpose of the Planned Unit Development District (PUD) is to achieve, to the greatest possible degree, land development that is responsive to the natural and environmental assets and liabilities of a given site. The PUD provides an alternative zoning category that is intended to encourage imaginative design of development. The PUD should be a well-integrated development in terms of major design elements such as roads, drainage systems, utilities, and open space. The PUD allows greater design flexibility so that natural features may be protected and development concentrated in an innovative and efficient manner.

   A.   General Requirements and PUD District Designation

      Subsequent to the approval of the City Council, the designation of PUD may be applied to any existing zoning district, with the limitations described herein. There are two (2) types of PUDs:

      1.   A PUD may be a predominantly residential development and, in which case, is referred to as a PUD-RS. A PUD-RS may only be applied to an existing residential district. The tract of land proposed to be developed as a PUD-RS must be owned, leased, or controlled by one (1) person or single entity and must be at least five (5) contiguous acres in size.

      2.   A PUD may also be a mixed use development referred to as a PUD- MX. A PUD-MX may be applied to any existing non-residential zoning district. The tract of land proposed to be developed as a PUD-MX must be owned, leased, or controlled by one (1) person or single entity and must be at least five (5) contiguous acres in size.

      Upon the approval of the final development plan according to this Chapter, the Official City Zoning Map shall be amended to designate the property “PUD-RS” or “PUD-MX.”

   B.   Permitted Uses

      The permitted uses in both the PUD-RS and PUD-MX district are as set forth below:

      1.   Permitted Uses - PUD-RS

         An applicant may propose to include any mixture of permitted or conditional uses in any existing residential district. As well, land uses which are allowed as a permitted use in the G-3 District are allowed in the PUD-RS provided that not more than twenty-five percent (25%) of the net acres in the development is devoted to non-residential uses.

      2.   Permitted Uses - PUD-MX

         An applicant may propose to include any mixture of non-residential land uses in a proposed PUD-MX development, provided that at least sixty percent (60%) of the net acres in the development are devoted to uses permitted in the district(s) applying to the property at the time of application.

   C.   General Development Standards

      The following standards represent broad parameters under which all PUD developments must be designed:

      1.   Central Water and Sewer Facilities

         All structures in developments approved as a PUD must be served by underground utilities, including central or public water and sewer facilities, and telephone and electrical systems. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the City finds that such exemption will not violate the intent or character of the proposed PUD.

      2.   Development Layout and Design

         The design and layout of all PUD’s shall display excellence in design by properly considering significant site features, such as topography, natural drainage patterns, roadway access and circulation, surrounding land uses, and general public welfare to result in desirable land development. Attractive landscaped buffers shall be provided between incompatible land uses and activities. A diversification of lot sizes, lot widths, and building setbacks to allow for a variety of structural design is encouraged.

      3.   Front, Side, and Rear Setback Standards for Perimeter Lots

         All lots that are located along the perimeter of the PUD shall have minimum front, side, and rear setbacks equal to those that would normally be specified in the zoning district prevailing at the time of application for PUD approval or twenty-five feet (25'), whichever is greater.

      4.   Off-Street Parking and Loading Facilities

         For all land uses located within the PUD, the parking and loading standards contained in Chapter 1177 shall be applied.

      5.   Height Requirements

         For each foot of building height over the maximum height regulations specified in the zoning use for which that use is permitted, the distance between such buildings and the side and rear property line of the PUD project area shall be increased by a one-foot addition to the side and rear yard required in the districts.

      6.   Minimum Lot Sizes

         Lot area per dwelling unit may be reduced by not more than twenty percent (20%) of the minimum lot area required in the Zoning Ordinance. The developer shall show, in order for an increase in density to be allowed, that such excess can be absorbed by existing utilities and would not result in an overload of the existing utilities. Land saved through the application of a higher density shall be used for common open space and recreational facilities.

   D.   Residential (PUD-RS) Development Standards

      In addition to the general development standards described in Section 1167.01.C. above, residential PUD’s shall meet the following development standards:

      1.   Clustering Residential Development and Required Open Space

         Clustering residential density is encouraged to provide required common open space. A minimum of twenty percent (20%) of the land developed for residential purposes in a PUD-RS project shall be reserved for common open space and recreation facilities for the residents or users of the area being developed. This required amount of common open space shall be established as common open space under one (1) ownership and provision shall be established for maintenance and care. The legal articles relating to any organization of property owners in the development charged with such open space maintenance shall be submitted to the City. The City Council may require as a condition of final approval, any evidence deemed necessary to document that the required common space will remain in its stated condition as long as the development exists (including such as legal documents, deed restrictions, conservation easements, etc.).

      2.   Clustering Residential Density

         To achieve a clustering of residential density and to provide for the required common open space, the lot area requirements for residential land uses may be reduced from the densities required under the district(s) applying to the property at the time of application, by up to twenty percent (20%). The lot width and yard requirements for residential lots may also be reduced as needed to accommodate a variety of structural patterns, clustering designs, and housing types.

      3.   Residential Dwelling Types

         Along with clustering residential density, a PUD-RS may include a mixture of dwelling types, including single-family detached dwellings, two-family units, zero lot-line units, and multiple-family units, provided the maximum densities defined in each existing zoning classification is not exceeded.

   E.   General PUD Approval Procedure

      The applicant for a PUD is encouraged to informally present conceptual or preliminary plans to both the Planning Commission and City Council for review, prior to extensive engineering and formal submission of a final development plan. Property proposed to be developed as a PUD must be rezoned to PUD and the decision to approve a final development plan and to rezone a property to PUD are done concurrently.

      The procedure set forth in the Subdivision Regulations for the adoption of a major subdivision shall apply to the adoption of a PUD District, unless the Subdivision Regulations by their nature would be clearly inapplicable. Where there is a conflict between the Subdivision Regulations and this chapter, the provisions of this chapter shall apply.

   F.   Final Plan

      The applicant for a PUD shall submit ten (10) copies of the proposed Final Plan to the Zoning Inspector along with the required application fee. The final plan shall include the following:

      1.   The specific description of permitted, conditionally permitted, and accessory uses to be allowed in each area of the development.

      2.   A copy of proposed deed restrictions.

      3.   The final plan shall be drawn to illustrate:

         a.   A survey and legal description of the proposed development site showing dimensions and bearings of the property lines; area in acres, topography (at two foot [2'] contour intervals); and existing features of the development site, including major wooded areas, streets, easements, utility lines, and existing land uses.

         b.   The location and dimensions of all lots, setbacks, and building envelopes.

         c.   Conceptual drawings of sewer and water facilities as well as street and drainage systems.

         d.   A table indicating acreage devoted to various development types.

      4.   Landscaping plan for all buffers and other common areas.

      5.   Architectural guidelines to apply throughout the development.

      6.   The proposed names of all interior streets proposed for the development.

      7.   Layout and dimensions of all parking and loading areas along with an indication of what they are to be built to serve.

      8.   A description of the expected timing of the development.

      In addition to the above, the City Council may require additional information, including environmental impact studies and archaeological surveys prepared by appropriate professionals to document the impacts of the development and to address potential mitigation measures. The applicant shall be responsible for reasonable expenses incurred by the City in reviewing final development plans. Such expenses are beyond application fees established by the City and may include professional service fees such as legal expenses or fees from other professionals, such as engineers, landscape architects, planners, or environmental scientists incurred in connection with reviewing the plans submitted.

   G.   Final Plan and Rezoning Approval Procedure Process

      The decision to rezone land to PUD and to approve the final plan are accomplished concurrently. All PUD final plan submissions are deemed to be an application for amendment to the Zoning Code according to Chapter 1143. All procedures (Planning Commission Review, public hearings and action by the Council), therein, shall be followed in considering an application for a rezoning of the land in question to PUD. Upon approval of such plan and rezoning, the Official City Zoning map shall be amended to designate the project area as “PUD-RS” or “PUD-MX.” Thereafter, with the concurrent approval of the rezoning and final plan pursuant to the criteria stated in Section I, all development restrictions and conditions described in the final plan shall become official requirements of the PUD.

   H.   Criteria of Approval - Final Plan

      The Planning Commission and City Council shall review the proposed Final Plan according to the following criteria:

      1.   That the proposed document is in conformity with the goals and objectives of the Comprehensive Plan.

      2.   That the proposed development advances the general health, safety, and morals of the City.

      3.   That each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that such objectives will be attained; the uses proposed will not be detrimental to present and potential surrounding uses but will have a beneficial effect which could not be achieved under standard district regulations.

      4.   That the interior road system, proposed parking, and any off-site improvements are suitable and adequate to carry anticipated traffic generated by and within the proposed development.

      5.   That any exception from standard district requirements can be warranted by design and other amenities incorporated in the final development plan, according to these PUD requirements.

      6.   That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.

      7.   That the existing and proposed utilities, including water and sewer service and drainage plan, will be adequate for the population densities and non-residential uses proposed in the PUD.

      8.   That the proposed development can be initiated within two (2) years from the date of approval.

      9.   That any proposed commercial development can be economically justified at the locations proposed.

   I.    Expiration and Extension of Approval Period

      1.   The approval of a final development plan for a Planned Unit Development District shall be for a period not to exceed two (2) years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within two (2) years after approval is granted, the approved final development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit or modification of the approved final development plan may be approved by ordinance if the Planning Commission and City Council find that such extension or modification is not in conflict with the public interest.

      2.   No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms under which approval of the Planned Unit Development was granted.

   J.   Amendment (Changes)

      After the final development plan has been approved by the City Council, adjustments or rearrangements of buildings, parking areas, entrances, heights, or yards may be requested by the proponents. Minor changes, as defined herein, are allowed provided such requests conform to the standards established by the final development plan and this Ordinance. A minor change shall require approval by the Planning Commission and shall include the following:

      1.   Adjustments to the size and location of buildings, swimming pools, and other on-site structures provided:

         a.   They do not result in an increase in the number of housing units approved in the final plan.

         b.   They do not encroach materially into the established setback areas.

         c.   They do not create a larger building mass either through an increase in their height or length that would magnify their effect on the adjoining areas.

      2.   Alterations to the proposed drives and/or parking areas if they do not encroach into building areas or specified recreation areas.

      3.   Adjustments in the size and location of development identification signs.

      A major change is any change that does not meet the criteria above and in addition, is one which would constitute a significant alteration in the basic plan design or result in a use different from those originally intended. A major change shall require submittal of a final plan as defined in Section 1167.01.G. of that portion or the development proposed to undergo a major change.

   K.   Penalty

      No person shall violate any provision of this chapter or fail to comply with any provisions or requirements of an adopted Planned Unit Development. The City may enforce the provisions of this chapter or the requirements or provisions of an adopted Planned Unit Development by statutory requirements or provisions of an adopted Planned Unit Development by statutory requirements, mandamus injunction, or mandatory injunction. Whoever violates any provision of this chapter, shall be subject to a fine of one hundred dollars ($100). Each day an offense continues shall be deemed a separate offense.