A Planned Unit Development is an area under single ownership or control to be developed in conformance with an approved development plan, consisting of (1) a map showing the development area and all proposed improvements to the development area, (2) a text which sets forth the uses and the development standards to be met, and (3) exhibits setting forth any aspects of the development plan not fully described in the map and text. The map, exhibits, and text constitute a development plan. The uses and standards expressed in the development plan constitute the use and development regulations for the Planned Unit Development site in lieu of the regulations for the underlying district.
(a) The area designated in the Planned Unit Development map must be a tract of land at least two (2) acres in size and under single ownership or control. Multiple ownership is permissible provided that all owners are co-applicants for the Planned Unit Development designation. In cases of multiple ownership, covenants and agreements shall be executed that provide for the identification of one person or corporation responsible for representing the application and having the authority to act as agent for all owners for all aspects of the Planned Unit Development process. Such agreements shall accompany the application for Planned Unit Development designation.
(b) The Outline Plan shall indicate the land use, development standards, and other applicable specifications of the Zoning Ordinance, which shall govern the Planned Unit Development. If the Outline Plan is silent on a particular land use, development standard, or other specification of the Zoning Ordinance, the standard of the underlying district or the applicable regulations shall apply.
(c) The Planned Unit Development map shall show the location of all improvements. The location of Planned Unit Developments shall be designated on the Zone Map and adopted pursuant to rules and regulations governing amendments of the Zoning Ordinance.
(d) The Planned Unit Development must comply with all required improvements, construction standards, design standards, and all other engineering standards adopted and enforced by the City and any other pertinent regulations, except where specifically varied through the provisions of this Section of the Zoning Ordinance.
(e) Landscaping and Screening Requirements.
(1) Within a PUD, screening, buffering, landscaping and preservation of natural wooded areas shall be integral components of the overall plan. Existing vegetation and new plantings shall be utilized to perform the combined functions of:
A. Buffering between different land uses;
B. Facilitating storm water management and prevention of soil erosion; and
C. Providing recreational opportunities and aesthetic benefits.
Topography, natural site features, earth berms, walls and fences may also be utilized in the plan for vegetation and screening.
(2) Within the 10-foot perimeter setback of the entire PUD site, a minimum five-foot wide landscaped buffer to serve as screening shall be required (i) where any nonresidential PUD land use abuts a resident property adjacent to the PUD and (ii) where any multi-family structure consisting of more than four (4) units per structure abuts single-family structures adjacent to the PUD.
(f) Designation and Conveyance or Ownership of Permanent Open Space.
(1) Improved Open Space is defined as parks, playgrounds, swimming pools, ball fields, plazas, landscaped green spaces, and other areas that are created or modified by man.
(2) Natural Open Space is defined as areas of natural vegetation, water bodies, or other landforms that are to be left undisturbed. Creation of a graded and surfaced walking trail through areas of Natural Open Space shall constitute disturbance of the area in the amount of the length of the walking trail multiplied by its width.
(3) At least thirty (30) percent of the total permanent open space in any given Planned Unit Development shall be Open Space type. This includes a minimum of ten (10) percent designated as permanent Open Space.
(4) Neither type of open space shall include schools, community centers or other similar areas in public ownership.
(5) No plan for a single- or multi- family residential Planned Unit Development shall be approved unless such plan provides for permanent landscaped or natural open space.
(6) Permanent open space shall be allocated to the property in proportion to the uses assigned to the Planned Unit Development and shall be located within reasonable proximity (within one-quarter of a mile) to those uses. Permanent open space need not be located in proximity to the use in the case of preservation of existing features.
(7) If the Outline Plan provides for the Planned Unit Development to be constructed in stages, open space must be provided for each stage of the Planned Unit Development in proportion to that stage.
(8) Permanent open space shall be conveyed in or owned by a city-owned or public corporation or to a nonprofit corporation or entity established for the purpose of benefiting the owners and tenants of the Planned Unit Development.
(g) Uses permitted in a Planned Unit Development may be any use that is found in the Zoning Ordinance in any district, subject to the approval of the Planning Commission and City Council. However, the City reserves the right to require that a PUD consist of only residential uses when circumstances warrant. Examples of such circumstances may include, but are not limited to: significant infrastructure constraints that could cause practical difficulties in supporting nonresidential uses, the character and land use pattern of surrounding neighborhoods, and possible deleterious changes in traffic circulation patterns in the immediate area. A developer may also initiate a request to limit his or her PUD to residential uses.
(h) For purposes of determining overall project size, two or more parcels of land owned by the applicant that are wholly or partially separated by a public street or other right-of-way may be considered contiguous and thus may be counted in fulfilling the minimum acreage requirement, provided that the use and development of the property is incorporated into, and is an integral part of the project plans; and provided that there is no other property not owned by the applicant separating the parcels in question. Where there is uncertainty in determining a parcel's qualification to be included in the PUD, the Planning Commission shall resolve the issue and make a determination as to the project boundaries, after considering the advice of the Code Enforcement Officer and the request by the applicant.
(Ord. 450. Passed 9-4-18.)