The planned unit development, herein referred to as PUD, is a special zoning district category that provides an alternate approach to conventional land use controls. As a type of development and as a regulatory process, the planned unit development is subject to special review procedures, and once approved it becomes a zoning classification for the property it represents. The PUD designation may be applied to any one or more conventional districts, except the A and P districts. (Ord. 5916, 8-9-1999)
A. Purpose: The regulations for the planned unit development zoning district are designed to:
1. Provide the developer with reasonable assurance of ultimate approval before the expenditure of complete design monies, while providing the city with assurances that the project will retain the character envisioned at the time of concurrence;
2. Encourage diversified living environments, and accommodate a mixture of land uses that otherwise would not be allowed together on the same site;
3. Permit flexibility within the development with respect to area and bulk standards to best utilize the physical features of a particular tract of land;
4. Provide and preserve meaningful open space, particularly where it is necessary or desirable for such common areas to be shared by more than one owner;
5. Encourage a more efficient use of land, public services, and natural resources than is generally achieved through conventional development;
6. Provide a smooth transition from surrounding densities, intensities, and uses with those proposed in the PUD; and
7. Encourage the provision of amenities beyond the minimum requirements of conventional development.
B. Goals: In conjunction with the purposes stated in subsection A of this section, the following goals are established to help achieve high quality PUDs which are compatible with abutting developments.
1. Open Space: A PUD should provide meaningful open space to serve as a buffer between a PUD and the surrounding neighborhood when needed for a smooth transition.
2. Energy Conservation: A PUD should be designed in such a way as to provide an energy efficient development.
3. Home Ownership: PUDs that contemplate individual dwelling unit ownership should provide a copy of proposed restrictive covenants and, where necessary, the creation of a property owner's association for the maintenance of common space.
C. Applicability: The provisions of this title shall remain applicable, except as specifically modified pursuant to the provisions of this chapter for the purpose of development of land for planned unit developments. No modifications of use, area, bulk, or subdivision requirements of the conventional zoning districts shall be permitted, except through applicable variance procedures, unless a planned unit development application is submitted and approved in accordance with the provisions of the section 11-10-4 of this chapter. (Ord. 5916, 8-9-1999)
A. Authority: Because the PUD provides the opportunity for varying densities, greater design flexibility, mixed land uses, and improved marketability, the applicant should be prepared to provide amenities that might not be required or possible in a conventional development. Review and approval of a PUD is, therefore, a process to achieve the intents and purposes of these regulations and the master plan. In all cases, proposed PUDs are to be reviewed as to the types and locations of proposed uses and whether the overall design of the tract presents a development that is compatible with its surroundings. Standards and criteria established herein shall be used in the determination of the approval or disapproval of proposals for planned unit developments. Other factors not listed may also be considered in the review process in order to respond to specific design and land use proposals. A PUD application which is judged to comply with this section shall be considered to be qualified for preliminary approval.
B. Mandatory Standards: Strict interpretation of the following criteria shall be required as a minimum level of compliance in the review of all PUD applications.
1. Permitted Uses: A PUD may be considered for any use or combination of uses allowed in an applicable conventional commercial or industrial district as a use permitted by right, special use, or accessory use. A PUD consisting of one or more underlying conventional residential districts may be considered for any use or combination of uses included in any residential use category, in addition to accessory uses authorized by section 11-5-1 of this title, and for one or more of the following listed membership sports and recreation clubs or physical fitness facilities: country club, golf club, boating club, bridge club, bathing beach, swimming club, racquetball or handball club, tennis club, horse riding club with stables, physical fitness center, gymnasium, and health club. The amount, type, and location of all land uses shall be established in the PUD application documents, and reviewed with respect to compliance with the master plan and compatibility with adjacent development.
2. Density: Residential density in the PUD is subject to the following guidelines:
a. In calculating the permitted number of dwelling units for a given land area of the PUD, any fractional remainder shall be rounded down to the nearest whole number.
b. In determining the equivalent number of dwelling units represented by group quarters and residential care facilities, each five (5) persons of capacity shall be counted as one family and therefore represent one dwelling unit.
c. Land area that is counted in determining the permitted number of dwelling units shall be used only for dwelling sites, uses accessory to dwellings including vehicular and pedestrian ways, yards, and other open space or common areas reserved for use by residents of the dwellings. (Ord. 5916, 8-9-1999)
d. When a portion of a PUD district is within an area of special flood hazard, that portion within the SFHA may be used to calculate the intensity of units per acre subject to the following conditions: (Ord. 5916, 8-9-1999; amd. Ord. 6103, 7-27-2009)
(1) The property must be contiguous, under the same ownership and cannot be used for these calculations more than once;
(2) None of the floodway shall be developed, and a drainage easement for the floodway shall be dedicated to the city as shown on the latest flood hazard boundary map for maintenance purposes. An access easement may also be required if the floodway is inaccessible to the city for maintenance purposes; and
(3) The use of the allowable density does not eliminate standard requirements of this title and title 10, chapter 10 of this code.
3. Area And Bulk Standards: The design of the PUD may provide for modification of conventional zoning ordinance requirements for such elements as lot sizes, yards, lot coverage, and building height on individual lots in accordance with the PUD application. In all cases, however, the provisions of section 11-14-1 of this title shall prevail with respect to these standards for areas along the perimeter of the PUD adjacent to bordering zoning districts, and with respect to corner visibility.
4. Screening: The PUD application should show graphically the transitional treatment, if any, that will be employed to separate the PUD from abutting properties, including commitments to fencing, vegetation, earth berms, landscape screening, or similar techniques. Whenever a PUD is adjacent to residentially zoned property, a six foot (6') sightproof fence shall be installed unless property is separated by a public or approved private street.
5. Access And Circulation: The traffic circulation system within the PUD should provide for the safe, convenient, and efficient movement of goods and people with a minimum of conflict between various modes of movement. Sidewalks shall be provided for pedestrian movement within the development and shall connect with existing pedestrian systems or allow for future extensions to activity centers such as schools and shopping areas outside the development. Shared parking facilities in commercial or industrial developments shall be authorized only where a commitment is provided in the PUD application for common access driveways within the development and abutting arterial streets. Favorable consideration should be given to design of short local streets serving limited areas, such as the residential cul-de- sac, and reduction of conventional minor street design widths should be considered appropriate on such streets when they are designed with limited length and only one access point. Development of a private street system may be appropriate under certain conditions where there is no through traffic. All private streets and drives must be approved and inspected by the city engineer.
6. Open Space: Open space may be provided for the common use of the residents or users of the PUD, and is required where densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed. Such open space and other common use facilities shall be consistent with the planned function, and located within the PUD so as to be convenient and visually attractive to all of the intended users, as well as to protect flood hazard areas and natural wildlife habitats. Open space areas shall be left in their natural state or landscaped and maintained in accordance with the approved plans for environmental amenity, recreational, or park use.
7. Off Street Parking And Loading: Off street parking spaces may be provided on the lot containing the use for which they are intended to serve, or in a common area, in which case they shall be so located as to be accessible to the uses they are intended to serve. The minimum off street parking and loading requirements for all uses shall be as set forth in chapter 13 of this title except, however, that parking requirements may be reduced where it can be demonstrated that a collective parking facility located in a common area can adequately serve two (2) or more uses while having fewer parking spaces than the total of the separate requirements for each use. Lighting for parking areas shall be designed and installed so that illumination will not fall on residentially zoned property.
8. Signs: Signs shall be regulated for all uses as set forth in chapter 12 of this title for the applicable conventional district.
9. Accessory structures And Uses: Accessory structures and uses shall be regulated for all uses as set forth in section 11-5-1 of this title.
10. Common Facilities: Privately owned common areas may be established where certain facilities are shared by several adjacent property owners within the PUD, or are available to the general public for use in connection with visiting individual properties in the PUD. Such common facilities may include private streets, off street parking and access drives, service areas, recreational facilities, plazas and other open space; provided, however, that at least fifteen percent (15%) of the area of any common open space shall be used for landscaping and/or pedestrian amenities. Common areas are to be shown on the subdivision plat, and the applicant shall clearly demonstrate the existence and capabilities of the owner(s) of the common area to provide for their permanent retention and continued maintenance.
11. Improvements: All structures and subdivision improvements in a PUD shall conform to the applicable codes and regulations of the city. The standards and requirements of the subdivision regulations for paving of public streets shall be observed for all publicly dedicated streets within or adjacent to a PUD, regardless of whether or not it is being subdivided. A paved pedestrian system which may, but not necessarily, be conventional curb line or property line sidewalks shall be provided connecting all building areas, parking areas, and common facilities on the site, and that of the city, as existing or planned. If it is not to be located in the public right of way, such pedestrian system shall be designated on the final development plan and the final plat as a pedestrian easement. (Ord. 5916, 8-9-1999)
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