A. Appropriate-Use of a planned unit development.
1. The PUD is appropriately used when flexibility is desired that is not allowed under the zoning code in return for a coordinated development that provides greater public benefits, as outlined in the purpose and intent and is not otherwise part of the development process.
2. The PUD is a design and planning tool that is not to be used to circumvent policies or used in lieu of seeking variances to regulations.
3. Rezoning to a PUD within a special design district or design overlay district may be appropriate in cases where a use or a mix of uses within the design district is prohibited, but may be appropriate to a specific site. Where rezoning is proposed within a special design district or design overlay district, the PUD should:
a. incorporate the development regulations and guidelines of the design district; and
b. be subject to the design review process for the design district.
B. Preliminary review. Applicants are encouraged to request preliminary review by staff prior to formal submittal for rezoning to a PUD. Preliminary review is most effective at the conceptual design phase, so that traffic, circulation, drainage, infrastructure, and other contextual impacts of the proposal may be considered for conformance with the comprehensive plan, and applicable policies, guidelines, and regulations.
C. Authorized planned unit developments. A PUD maybe authorized by an amendment to the Official Zoning Districts Map after public hearings by the Planning Commission and City Council, provided it complies with the following requirements.
1. Location and uses. A PUD shall be considered a special zoning district, and may be authorized for any use, or combination of uses, permitted in this chapter or such use that is unique in nature approved as appropriate by the approval of the PUD by the City Council.
2. PUD requirements. The basis for review and approval of a PUD application shall be the design statement, Master Development Plan Map and related exhibits, which shall be adopted as a part of the rezoning ordinance, in conformance with the requirements described in these regulations.
a. Planned unit development design statement.
(1) The PUD design statement shall be a written report containing a minimum of the following elements:
o Title of the PUD.
o List of the owners and/or developers, including contact information, and e-mail address(es).
o Statements on the PUD's general location and its relationship to adjoining land uses, both existing and proposed and how the PUD complies with the policies of the comprehensive plan.
o The reference to the existing PUD districts in the development area and the surrounding area.
o An overview of the proposed development including a legal description of the total property encompassed by the PUD boundary. A legal description shall also be submitted for each tract within the PUD boundary that is being proposed for various unrelated uses to determine the size and intensity of each tract. An outline of the approximate phases and/or sequence in which the development is proposed to be built, if any.
o Definitions of the land-use designations, including density ranges and product types for residential development shown on the Master Development Plan Map required by this section, including proposed restrictions, and typical site layouts.
o A table setting the minimum and maximum total dwelling units and nonresidential square footage, and the minimum acreage for common open space, natural resource areas, public uses, and any other planned uses. A description of residential and mixed-use neighborhoods; commercial, office, and research development uses; common open space, natural resource areas, public buildings, schools, and other public uses, and any other proposed uses.
o A list of all development regulations that will be applied, including conventional zoning district regulations, requested variations to the subdivision regulations, and any other special development regulations. A statement on the existing and proposed streets, including right-of-way standards and street design concepts.
o A description of the following physical characteristics of the existing site: elevation, slope analysis, soil characteristics, tree cover, etc.
o Drainage information describing the basic storm water management method(s), and referencing any F.E.M.A. one hundred (100) year floodplains, floodways, or other areas where a Letter of Map Revision is or may be requested.
o A statement of utility lines and services to be installed, including which lines will be dedicated to the City and which will remain private.
o A statement specifying the number, type, height and display area of signs. A description of lighting for the development.
o A description of trash collection facilities for the development. A description of sidewalks, pedestrian paths and bikeways within the development.
o A description of screening and landscaping for the development, including any required buffering shall be at a minimum those required and referenced in the landscaping and screening regulations, of this chapter. Screening and landscaping shall be subject to landscaping ordinance in effect at time of development of the PUD.
o A statement describing the guarantees and assurances to be provided for the perpetual maintenance of common open space, drainage areas, recreation areas, sidewalks, parking, private streets, and other privately owned but common facilities serving the project.
o A statement describing any platting requirements for the PUD.
(2) PUDs and Special Design Districts. If the PUD is proposing to rezone from within a special design district or design overlay district, in addition to the requirements listed for the design statement in this chapter, the following shall be provided:
o Statement describing the incorporation of any development regulations and guidelines of the design district into the PUD and whether the PUD will be subject to the design review process.
o Description of how the PUD integrates into the context of surrounding neighborhoods by describing the architectural style and uses of existing and proposed structures within the same block and immediate neighborhood.
o Description of how the PUD will be compatible with the placement and amenities of adjacent structures with regard to setbacks, orientation, height, sufficient off-street parking and landscaping/screening.
b. Master Development Plan Map. The PUD Master Development Plan Map shall be a graphic representation of the development plan for the property within the PUD boundary. The Plan shall be drawn at an appropriate scale, at a maximum of one (1) inch equals one hundred (100) feet, on one (1) or more twenty-four (24) inch by thirty-six (36) inch sheet(s). The purpose of the map is to conceptually portray the development commitments described in the PUD design statement. The complexity of the map information will depend upon the number and extent of varied land uses in the PUD. The PUD Master Development Plan Map shall be submitted in accordance with the following:
(1) Existing conditions.
o General location and acreage in the PUD.
o Sufficient information, including density of the surrounding area, to demonstrate the relationship of the PUD to adjoining land uses, existing or proposed.
o Topography map with a contour interval of not less than five (5) feet.
o Common open space and natural resource areas on the site and connected to adjacent sites, such as native rock outcroppings, steep slopes, environmentally sensitive lands, wildlife habitats, stream corridors, and significant vegetation, including tree canopy and healthy mature trees. Specific location of right-of-way widths of adjacent arterial streets, and connectivity points with adjacent sites.
o Areas where access to streets will be limited, and the number where appropriate.
o A legal description, as previously indicated, for each individual tract shown on the Master Development Map.
o Delineation of F.E.M.A. one hundred (100) year floodplain and floodway, if applicable.
(2) Proposed PUD elements.
o Land use designations for each distinct use in the PUD, including the identification of any public buildings, schools, and other public uses.
o Public circulation system, including the general location of collector and local streets, pedestrian paths and bikeways.
o General location of proposed pedestrian and bicycle linkages between adjacent properties, showing points of connectivity with the circulation system and to public transportation stops.
o General location of parking areas.
o General location of proposed open space, common areas, drainage and recreation areas.
o General location of landscaping in common areas, parking areas, and landscape buffering as required by the landscaping and screening regulations, of this chapter.
(3) Related exhibits.
o Any other pertinent information/exhibits necessary for review, approval and administration of the PUD.
D. Application process.
1. Upon receipt of a completed application and application fee for the PUD, the staff shall transmit the application and all supporting material to the various City departments involved with the review process, and to appropriate officials or agencies of the City, County, adjoining counties or municipalities, school and special districts, and other official bodies as deemed necessary or mandated by law, including any review required by regional or State bodies under applicable State or Federal law. Each department, official, agency, or other official body shall consider all pertinent information and shall provide staff with a report of their findings, comments and recommendations in sufficient time for said findings, comments and recommendations to be incorporated into the Planning Commission Staff Report.
2. Upon final approval by the City Council of the PUD design statement, Master Development Plan Map and the subsequent ordinance of rezoning, the PUD shall become a part of the Official Zoning Districts Map. The ordinance of rezoning shall adopt the PUD design statement and Master Development Plan Map by reference, and it shall be attached to said ordinance and become a part of the official records of the City,
3. The PUD design statement and Master Development Plan Map shall control the use and development of the property, and all building permits and development requests shall be in accordance with said design statement and Master Development Plan Map until it is otherwise amended by modifications to PUD of the Code or by the City Council.
4. Approval of the PUD zoning district and related design statement and Master Development Plan Map shall establish the basic uses, locations, densities, and intensities for the PUD. However, for all Planned Unit Developments, site plans and building and occupancy permits for specific uses and buildings shall not be authorized until a Specific Plan has been approved for all or part of the land area covered by the PUD.
E. Application for PUD Specific Plan. A Specific Plan shall be submitted for review and approval by the Planning Commission at a regularly scheduled public hearing for the entire area or a phased portion of the property included in the PUD prior to approval of site plans and building permits for any structure or building. The Specific Plan shall be drawn at an appropriate scale, at a maximum of one (1) inch equals one hundred (100) feet, on one (1) or more twenty-four (24) inch by thirty-six (36) inch sheet(s). Specific plans shall include the following information:
1. A summary showing how the Specific Plan conforms to the design statement and Master Development Plan Map, the total dwelling units in the Specific Plan by type, the square footage of non-residential uses, and a parking calculation of the required and provided spaces by use.
2. All elements of the Master Development Plan Map shall be incorporated into the Specific Plan, with additional detail as follows:
a. A preliminary site plan for each building site in the Specific Plan.
b. Lot layouts for residential uses and for single-family dwellings, a typical site plan can be included.
c. Preliminary site plans shall show areas to be developed, landscaped and paved, and existing and proposed buildings indicating:
o The maximum and minimum distances between buildings, between building and property or building site boundaries. Percentage of building coverage-
o Preliminary elevations for ail proposed structures. They shall indicate building heights, materials, colors, and the general appearance of proposed structures.
o A parking and loading plan.
o Preliminary landscape plan.
o Fencing, trash disposal, and related storage areas.
o Sign program and sign design and dimensions.
d. If the PUD is within a special design district or design overlay district and is subject to design review, additional information shall be submitted to the level of detail required for design review within the respective district(s).
e. Submittal of a Specific Plan may be waived if any of the following conditions are met:
o The site is to be utilized as currently developed. The PUD proposes no new buildings or parking;
o The proposed use is agricultural or recreational in nature, where no structures or few incidental structures totaling no more than two thousand (2,000) square feet are proposed;
o All items listed in specific plan are included in PUD design statement, Master Development Plan or are a part of the submittal exhibits contained with the documents of the approved PUD Ordinance.
(Ord. No. 17-21, § 2, 11-8-2017)