1106.02 (PUD) EXISTING PLANNED UNIT DEVELOPMENTS.
(a) Intent. The Planned Unit Developments (PUD) District is intended to facilitate orderly large-scale developments, which benefit the community as a whole by offering a greater choice of living environments; a wide range of development plans featuring more complementary blending of land uses, including community facilities and open space; and a more unified approach with respect to the mixture of uses and their adaptation to topographical and geological features, recreational opportunities and transportation needs.
(b) Purpose. The purpose of providing standards for a Planned Unit Development (PUD) is to accommodate a variety of housing types and subordinate commercial and industrial facilities in a pre-planned environment under more flexible site development standards than would normally apply.
(c) Interpretation. Whenever the requirements of this section appear to be in conflict with other sections of this Zoning Code, or with those of other existing codes, the provisions of this section shall prevail.
(d) Designation of a PUD District. After the approval of the Planning Commission and Council, the designation of PUD District may be applied to any residential, commercial, office or industrial district. Upon approval of the final development plan, the Official Zoning Map shall be so annotated for the land area affected, and the district name shall be appropriately amended.
(e) Permitted Uses. Residential, commercial, manufacturing, public and quasi-basic uses may be combined in PUD Districts, provided that the proposed location of the commercial or manufacturing uses will not adversely impact upon adjacent property or the public health, safety, and general welfare, and that the location of such uses are specified in the final development plan.
(f) Lot Area and Other Yard Requirements. The lot area and yard requirements from the previous prevailing district shall apply to the PUD except as modified and approved by the Planning Commission per the following:
(1) Lot width, setback, yard requirements may be varied to accommodate a variety of structural patterns, clustering designs, and housing types.
(2) Lot area per dwelling unit requirements may be reduced by not more than twenty percent (20%) of the previous prevailing district's requirements. If the previous prevailing district did not restrict lot area per dwelling unit, then the Planning Commission may incorporate such a provision into the standards for the PUD.
(g) Permitted Land Allocation for Commercial and Manufacturing Uses. The amount of land devoted to commercial and/or manufacturing use in a residential- commercial-manufacturing or residential-commercial development shall be determined by the Commission and approved by Council.
(h) Utility Requirements. Underground utilities, including telephone, cable television and electrical systems, are required within the limits of all planned unit developments. Appurtenances to these systems, which can be effectively screened, may be exempted from this requirement if the Commission finds that such exemption will not violate the intent or character of the proposed planned unit development.
(i) Arrangement of Commercial Uses. When planned unit development districts include commercial and/or manufacturing uses, the following shall be required:
(1) Cmmercial buildings and establishments shall be planned as groups having common parking areas, with common ingress and egress points, in order to reduce the number of potential accident locations at intersections with streets.
(2) Planted screens or fences shall be provided on the perimeter of the commercial and/or manufacturing areas abutting residential areas.
(3) The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding non- commercial areas.
(4) All areas designated for future expansion, or not intended for immediate improvement or development, shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Commission.
(j) Procedure for Approval of PUD Districts. Planned unit development districts shall be approved in accordance with the procedure outlined below. These provisions are intended to incorporate the review and approval of development plans with the amendment process and remove the necessity, in many instances, to proceed under Title Six - Administration and Procedures prior to the commencement of the planned unit development plan review and approval process.
(k) Pre-Application Meeting. The developer shall meet with staff prior to the submission of the preliminary development plan. The purpose of this meeting is to have an early and informal discussion on the purpose and effect of this chapter, and the criteria and standards contained herein, and to familiarize the developer with zoning and other applicable regulations.
(l) Preliminary Development Plan Application Requirements. An application for preliminary planned unit development approval shall be filed with the Director of Public Service by at least one owner of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information:
(1) Name, address, and phone number of applicant.
(2) Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan.
(3) Legal description of property.
(4) Present use(s).
(5) Present and proposed zoning district.
(6) Proposed amending ordinance.
(7) A vicinity map, at a scale approved by the Director of Public Service, showing the property lines, streets, existing and proposed zoning, and such other items as the Director of Public Service may require.
(8) A preliminary development plan, at a scale approved by the Director of Public Service, showing topography at ten foot intervals; location and type of land uses; layout, dimensions and names of existing and proposed streets; rights of way, utility easements, parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas; and such other characteristics as the Commission may deem necessary.
(9) Proposed schedule for the development of the site.
(10) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years.
(11) A fee as established by the Director of Public Service.
(12) Names and mailing addresses of the property owners for the subject property and for any properties contiguous to the subject property according to information available through the County Auditor's current tax list or the Treasurer's real estate tax mailing list. Contiguous properties include those properties abutting the subject property and those immediately across a public right-of-way from the subject property.
(13) Verification by at least one owner, lessee or optionee of property that all information in the application is true and correct to the best of their knowledge.
(14) A written statement by the developer setting forth the reasons why, in their opinion, the planned unit development would be in the public interest and would be consistent with the stated intent of these planned unit development requirements.
(m) Public Access to Documents. All papers relating to the planned unit development shall be available for public inspection in the office of the Clerk of Council.
(n) Submission of Final Development Plan. After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the Director of Public Service. The final development plan shall be in general conformance with the preliminary development plan approved in principle. For the purposes of this Ordinance, the submission of the final development plan is a formal request for rezoning of the property in question. Ten (10) copies of the final development plan shall be submitted and may be endorsed by an urban planner, licensed architect, registered land surveyor, registered civil engineer or registered landscape architect or landscape horticulturist.
(o) Filing a Final Development Plan Application. An application for approval of the final development plan shall be filed with the Director of Public Service by at least one owner of property for which the planned unit development is proposed. Each application shall be signed by the owner, attesting to the trust and exactness of all information supplied on the application for the final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval.
(p) Contents of Final Development Plan Application. At a minimum, the application shall contain the following information:
(1) A survey of the proposed development site, showing the dimensions and bearings of the property lines; area in acres; topography and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses.
(2) All the information required on the preliminary development plan; the location and sizes of lots; location and proposed density of dwelling units; nonresidential building intensity; and land uses considered suitable for adjacent properties.
(3) A schedule of the development of units to be constructed in progression, and a description of the design principles for buildings and streetscapes; a tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; the estimated residential and non-residential population by type of housing, and overall non-residential population; the anticipated construction timing for each unit; and the standards for height, open space, building density, parking areas, population density and public improvements, wherever the applicant proposes any exception from standard zoning district requirements or other ordinances governing development.
(4) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations; waste disposal facilities; street improvements; and the nature and extent of earth work required for site preparation and development.
(5) Site plan, showing building(s), various functional use areas, circulation, and their relationship.
(6) Preliminary building plans.
(7) Landscaping plans.
(8) Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas that are to be commonly owned and maintained.
(9) A fee as established by the Director of Public Service.
(q) Recommendation by Planning Commission. Within sixty (60) days after receipt of the final development plan, the Planning Commission shall recommend that the final development plan be approved as presented, approved with supplementary conditions or disapproved, and shall transmit all papers constituting the record and the recommendations to Council.
(r) Criteria for Planning Commission Recommendation. Before making its recommendation, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
(1) The proposed development can be initiated within two (2) years of the date of approval.
(2) The streets proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development.
(3) Any proposed commercial or industrial development can be justified at the location proposed.
(4) Any exception from standard district requirements is warranted by design and other amenities incorporated in the final development plan, in accordance with these planned unit development requirements and the need to provide a variety of housing opportunities with regard to type and price.
(5) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(6) The existing and proposed utility services are adequate for the population densities and non- residential uses proposed.
(s) Public Hearing by City Council. The City Council shall hold a public hearing on the PUD final development plan within sixty (60) days of receiving a recommendation from the Planning Commission.
(t) Notice of Public Hearing by Council. At least twenty (20) days before holding its public hearing, notice of such shall be given. This notice shall be relayed via at least one publication, in one or more newspapers of general circulation, and via written notice, mailed by the Clerk by first class mail, to all owners of property within 500 feet of the proposed planned unit development and to such others as may be determined should receive such notice. The notice shall set forth the time and place of the public hearing, the nature and a general description and summary of the planned unit development, and a statement that all papers relating to the planned unit development are on file with the Clerk and open for public inspection.
(u) Action by Council. After the public hearing, the Council shall either approve, approve with supplementary conditions or disapprove the application as submitted. If the application is approved as submitted or approved with conditions, the Council shall direct the Director of Public Service or their designee to issue zoning permits in accordance with the approved plan and any conditions thereto attached. The final development plan shall further be considered as an integral part of the rezoning amendment, and no change from or substantive alteration in such planned unit development shall be permitted without repetition of the procedures in these sections. In the event that the Council denies or substantively modifies the final development plan as recommended by the Planning Commission, any resulting final development plan for said planned unit development shall not be effective unless passed or approved by five members of Council.
(v) Supplementary Conditions and Safeguards. In approving any planned unit development application, both the Planning Commission and the Council may prescribe appropriate conditions and safeguards in conformity with this chapter. Any violation of such conditions or safeguards, which have been made a part of the terms under which the final development plan has been approved, shall constitute a violation of this Zoning Code and be punishable as such.
(w) Expiration of Approval Period. The approval of a final development plan for a planned unit development district shall be for a period not to exceed five (5) years to allow for preparation and recording of the required subdivision plat and development of the project. If no construction has begun within two years after approval is granted, the approved final development plan shall be void, and the land shall revert to the district regulations of the district in which it is located.
(x) Extension of Approval Period and Minor Changes. An extension of the time limit or modification of the approved final development plan may be approved if the Planning Commission finds that such an extension is not in conflict with the public interest. No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms under which approval of the planned unit development was granted. A request for minor changes to the final development plan may be approved by the Director of Public Service without being subject to the same procedures as the original application.
(y) Major Changes. In the case of a request for a modification or amendment to the final development plan that represents a substantial departure from the intent of the original proposal, said modification or amendment shall be subject to the same procedures and conditions of approval as the original application. Any of the following shall be considered substantial departures from the original application:
(1) A change in the use or character of the development.
(2) An increase in overall coverage of structures.
(3) An increase in the density.
(4) An increase in the problems of traffic circulation and public utilities.
(5) A reduction in approved open space.
(6) A reduction in off-street parking and loading space.
(7) A reduction in required pavement widths.
(8) A reduction in the acreage in the planned development.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)