(a) Project Control and Ownership. Planned unit development district designation is intended to apply to development sites that are under single ownership or unified control and to any comprehensive design, planning and development of the site. The project land may be owned, leased, or controlled by either one or more persons, partnerships, corporations or other appropriate business associations capable of satisfying the objectives and requirements of the planned unit development district. The city may require proof of ownership, covenants, easements, and other forms of property rights or control to ensure satisfactory compliance with PUD objectives and requirements.
(b) PUD Agreement. Upon approval of Final Development plan, the city, at its sole discretion, may require the PUD developer to enter into a PUD agreement with the city, and to furnish a performance bond for the purposes of assuring satisfaction of completion requirements for improvements such as landscaping and drainage control facilities and any conditions and safeguards as may be set by the City Council and the adopted ordinance approving the specific PUD development. At its discretion, the city may accept a letter of credit or other form of performance guarantee and security in lieu of a performance bond. In all cases the sufficiency and adequacy of such bond, letter of credit or other form of guarantee or security shall be at the sole determination of the City.
(c) Utility Requirements. All initial and all future expanded utility systems within the limits of all planned unit development districts are required to be placed underground. Utility systems subject to this requirement shall be those that primarily serve the development within the PUD district and shall include, but not be limited to telephone, cable television, and electrical systems. Appurtenances of these systems which can be effectively screened may be excluded from this requirement if the Planning Commission determines that such appurtenances are essential for utility service to other areas of the community and that such exclusion will not violate the intent or character of the proposed planned unit development or any conditions, restrictions or other requirements imposed upon the development.
(d) Site Arrangement Requirements. The buildings, circulation, open space, landscaping and other elements of the proposed PUD development shall be arranged, planned and designed on the site to produce:
(1) Favorable relationships with the existing natural topography, bodies of water or water courses, existing desirable vegetation, exposure to significant views and exposure to sunlight and wind;
(2) Safety, convenience and ease of pedestrian and vehicular movement on, about and throughout the site and between the site and the community;
(3) An overall positive visual quality throughout, into and from the development site;
(4) An efficient, functionally organized, and cohesive development; and
(5) All areas designed for future expansion or not intended for immediate improvements or development shall be landscaped or otherwise maintained in a neat and orderly manner.
(e) PUD Regulations. The regulations and provisions of this Zoning Code pertaining to Planned Unit Developments, Chapter 1140.01 through 1140.11 have been substantially revised. All PUD approvals, including any approved modifications, amendments or conditions, approved by the city prior to the effective date of this Ordinance and where any time limitation for such
approvals has not expired, shall be governed by the planned unit development provisions and regulations in effect immediately prior to the adoption of this Ordinance. If any time limitation attached to an approval of a PUD modification, amendment or condition has expired, then such approval shall be governed by the current provisions and regulations of Sections 1140.01 through 1140.20 and this Zoning Code.
(f) Appeal of Zoning Administrator Determination. In order to assure that Planning Commission and City Council have all information pertinent to the decision making process contained within this Chapter, the Zoning Administrator has been given the responsibility to require additional information as necessary in order for Planning Commission and City Council to make an informed decision. Any applicant who objects to the provision of additional information may request a determination by Planning Commission at its next regularly scheduled meeting. No further action shall take place regarding the application and submission until the Planning Commission has rendered its decision, which shall be final.
(g) Application Completeness and Officially Filed Status. Planned unit development applications shall not be considered officially filed until the applicant has submitted all applicable filing fees, and submitted to the Zoning Administrator all information as may be required by this Zoning Code. Completeness of an application and submission of all necessary information is the responsibility of the applicant. Only after an application is determined by the Zoning Administrator to be complete and officially filed will application review procedures begin. Applications for specific site plan approval that do not adhere to the substantial conformance requirements of Section 1140.10 may be considered to be incomplete, not officially filed, and not subject to city review procedures. (Ord. 12-19. Passed 7-1-19.)