A request for the establishment of a PUD District shall include a preliminary plan, which shall contain the following information:
(A) Statement of intent. The application shall contain a statement of intent specifying the nature of the special or substantial public interest: its relationship to the Comprehensive Plan and objectives to be promoted;
(B) Proposed district boundaries. The recommendation shall include a map or maps indicating the boundaries of the PUD District.
(C) Proposed regulations. The preliminary plan shall include regulations, designed to promote the special purposes of the district, as set forward in the statement of intent. These regulations at a minimum shall establish specific requirements for the following design standards: lot size and frontage; maximum building height; minimum front, side, and rear yard setbacks. In addition, such regulations may require submission of detailed site plans, building plans and elevations, and maps indicating the relationship of proposed development to surrounding or otherwise affected property in terms of location, amount, character, and continuity of open space; protection of desirable principal views; convenience of access through and between buildings or in other locations where appropriate for public purposes and where such access will reduce pedestrian congestion on public streets; separation of pedestrian and vehicular traffic; signs; lighting; mixtures of proposed uses; general location and nature of screening and landscaping; off-street parking and loading; and other matters as appropriate to determinations related to the special public interest of the district and the objectives to be promoted.
(D) Council may authorize exceptions from regulations generally applying in an PUD District upon making findings that:
(1) A plan proposed by an applicant, while not strictly in accord with regulations applying generally within the district, meets public purposes and provides public protection to an equivalent or greater degree; or
(2) In the particular circumstances of the case, strict application of a particular regulation or regulations is not necessary for the accomplishment of public purposes or the provision of public protection, at the time or in the future. Such exceptions may include, but are not limited to, relocation or increase in yards or other open space generally required, reduction in height generally permitted, additional limitations on uses, and buffering and screening.
(E) Conditions for the approval of the preliminary PUD plans. On receipt of the report of the Planning Commission, the City Council shall study and review the preliminary PUD to determine:
(1) That all requirements have been satisfied; and
(2) That a finding can be made that the following specific conditions are fully met:
(a) The PUD District is in conformance with the Comprehensive Plan for the city.
(b) 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 the other zoning districts.
(c) The internal streets and major and minor streets that are proposed shall properly interconnect with the surrounding existing major and minor streets as designated in the official thoroughfare plan of the city.
(d) The preliminary PUD plan is consistent with the intent and purpose of this zoning code, to promote public health, safety, and general welfare of the residents of the city.
(F) City Council action. Approval of the preliminary PUD plan shall require a favorable vote of the majority of the membership of the City Council. Approval of the preliminary PUD plan shall be limited to the general acceptability of the land uses proposed, proposed general density levels and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility which are to be determined in the subsequent preparation of the detailed final PUD plan. Approval of the preliminary PUD plan shall constitute rezoning of the parcel to PUD. In taking action, City Council may deny the preliminary PUD plan or may recommend approval of the plan subject to specified modification.
(G) Amendments to PUD regulations. After a PUD District has been approved by City Council, it may be amended only by the use of the same procedures as are applicable for the original adoption of a PUD District. However, minor adjustments in the final plan, resulting from field conditions, detailed engineering data, topography, or critical design criteria pertaining to drives, curb data, retaining walls, swimming pools, tennis courts, fences, building locations, building configuration, parking area locations, or other similar project particulars, may be approved by the Planning Commission. These minor adjustments may be permitted provided they do not:
(1) Increase the density and/or approved building size or intensity of land use.
(2) Change the location or amount of land designated for specific land use, including open space.
(3) Change the internal street and thoroughfare locations or alignments.
(4) Change the mixture of proposed land uses approved for the PUD District.
HISTORY: (Formerly § 154.178-4; Ord. 2695, passed 6-13-89)