The planned unit development (PUD) is established to provide a greater flexibility in land development and use by allowing such development to be based upon a comprehensive, integrated, detailed plan rather than upon specific constraints as applicable to uniform lot by lot development. The PUD shall promote and provide:

   A.   Flexibility in design and permit planned diversification in the location of structures.

   B.   The efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use and utilities.

   C.   To the greatest extent possible, preserve the existing landscape features and amenities and to utilize such features in a harmonious fashion.

   D.   More usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures.

   E.   The combination and coordination of architectural styles, building forms and relationships within the PUD.

   F.   A quality of construction that will be commensurate with other development within the city. (1996 Code § 17.28.010)

The PUD district may be applied to any zone districts within the city, and to all future land areas annexed into the city. The PUD district may be adopted at the option of the city or the developer. (1996 Code § 17.28.020)

The land area that will be considered for a PUD district zoning shall be approved by the planning and zoning commission. (1996 Code § 17.28.030; amd. 2002 Code)

A PUD of any nature (residential, commercial, industrial, public or quasi-public), either as a single use or a combination of uses, may be permitted. The planning and zoning commission and city council shall determine the uses by right allowed in each PUD, and those approved uses shall be stated on the approved PUD plan. The following criteria shall be observed when determining uses: (1996 Code § 17.28.040; amd. 2002 Code)

   A.   All types of residential uses may be combined in one PUD.

   B.   Supporting commercial uses in residential PUDs shall be placed so as not to detract from the residential areas, and shall be designed to only serve the residents of the PUD.

   C.   Commercial and industrial PUDs shall not have a negative impact on existing and future traffic, utilities and residential areas. (1996 Code § 17.28.040)

The applicant shall supply the planning and zoning commission with sufficient information that he is the full owner as recorded or that he has executed a binding sales agreement before final approval of his plan. "Owner" means any person, persons, corporation, association, partnership, condominium or owners' association that has been legally organized. (1996 Code § 17.28.050; amd. 2002 Code)

   A.   The requirements of minimum gross floor area, and fence and sign regulations of chapters 9 and 11 of this title shall apply.

   B.   Minimum lot areas and lot widths shall be determined by the use and design of the PUD, and minimum unobstructed open space shall be thirty percent (30%) of the PUD land area. (1996 Code § 17.28.060)

Off street parking regulations as listed in chapter 10 of this title shall apply to all PUDs. (2002 Code)

   A.   Submission Of Plan; Information Required: The applicant shall submit fifteen (15) copies of the preliminary plan to the planning and zoning commission at least two (2) weeks prior to the scheduled meeting with the commission. Information required shall be: (1996 Code § 17.28.080; amd. 2002 Code)

      1.   Names and addresses of owners, trustees and mortgagees, if any.

      2.   Names and addresses, seal and license number of the surveyor, architect and engineers preparing documents.

      3.   Total acreage, present zoning classification and zoning classification of all abutting districts.

      4.   Legal description.

      5.   Adjacent and included public rights of way, private and public easements and street lines, watercourses, drainage structures and utility lines shown on a boundary survey with existing topography at contour intervals of five feet (5') within the parcel and for two hundred fifty feet (250') outside the boundaries of the parcel.

      6.   Development drawings showing the proposed division of the land, dwelling unit densities, commercial floor area and parking- loading ratios, street and parking layouts, siting of all structures, locating common open spaces, location, size, type and design of each proposed and existing structure.

      7.   The applicant shall also submit a written statement outlining the type of development and management of the PUD and all other pertinent information. (1996 Code § 17.28.080)

   B.   Planning And Zoning Commission Action: The planning and zoning commission shall approve, disapprove or conditionally approve the preliminary plan and, when approved or conditionally approved, shall forward it to the city council for review and an approval, disapproval or conditional approval of this stage. The following certificate shall accompany the submittal:

(1996 Code § 17.28.080; amd. 2002 Code)

   C.   Annexation, Subdivision Or Rezone: PUD annexation, subdivision and/or rezoning may take place at the same time and with a set of documents that will satisfy all requirements.

   D.   Term Of Approval: Approval of the preliminary submittal shall be valid for a period of one year only. Upon written application, the commission may grant an extension of time not exceeding one year for filing of the final plan. (1996 Code § 17.28.080)

   A.   Submission Of Plan; Review And Approval: The applicant shall submit fifteen (15) copies of the final plan to the planning and zoning commission. The commission shall review the plan and, when approved, forward it to the city council for review and approval. The council shall call for all public hearings as required for final approval of the PUD plan. (1996 Code § 17.28.090; amd. 2002 Code)

   B.   Information Required: Information contained in the final plan shall include:

      1.   Site plan:

         a.   Names and addresses of owners, trustees and mortgagees, if any.

         b.   Name, business address, seal and license number of individual responsible for preparation of plans.

         c.   North point, scale and date.

         d.   Legal description.

         e.   Adjacent and included public rights of way and street lines.

         f.   Specifications for the total PUD and each section of the PUD of:

            (1)   Gross area in acres and square feet.

            (2)   Zoning classification.

            (3)   Uses.

            (4)   Area of streets and street rights of way in acres, square feet and percent of gross area.

            (5)   Total number of parking spaces and area of off street parking and loading space in acres, square feet and percent of gross area.

            (6)   Gross floor area and floor area ratio for each use.

            (7)   Number of dwelling units.

            (8)   Site area covered by structures in acres, square feet and percent of gross area.

            (9)   Net site area in unobstructed open space in acres, square feet and percent of gross area.

            (10)   Site area to be maintained in common open space in acres, square feet and percent of gross area.

      2.   The location, size and type of each existing structure to be retained, each new structure, use or uses to be contained therein, the number of stories, height of building, gross floor area and locations of entrances and loading points for each.

      3.   All curb cuts, driving lanes, loading areas, public transportation points, parking areas, pedestrian walks, malls, open areas for use by tenants, the public or others, and facilities for illumination of same, with appropriate dimensions to indicate size, spacing and location accurately.

      4.   Indication of all walks, fences, screening and plantings, including location, materials, size and height.

      5.   Types of surfacing such as paving, concrete, turf or gravel to be used at various locations.

      6.   The location of all common open spaces within the development, together with the proposed method of development, maintenance and ownership of the common open spaces, together with legal documentation providing for development, maintenance and ownership of the common open spaces.

      7.   The location, size, height and orientation of all signs, including signs flat on building facades.

      8.   The location, size and purpose of all easements to be provided.

      9.   A time schedule for the completion of the project or the phases thereof.

      10.   Grading, drainage and utilities plan:

         a.   Original contours at an interval of not greater than two feet (2') in dotted lines.

         b.   Final contours at an interval of not greater than two feet (2') in solid lines.

         c.   Outline of first floor foundation of each structure with elevation of first floor indicated, whether above or below ground level.

         d.   Location, sizes, elevation and grades of existing and proposed storm and sanitary sewers, utility lines and water lines both within the PUD and adjacent rights of way, including indication of the closest fire hydrant in each principal direction if none are included within the development.

         e.   Site drainage, including indication of runoff of surface water, drainage channels and drainage structures, and any particular treatment of underground seepage or springs.

      11.   Illustrations of proposed architectural style of typical structures and typical floor plans of each type of residential unit to be developed and floor plans of each commercial structure with room dimensions and areas and gross area of total structure. (1996 Code § 17.28.090)

      12.   Other information that the planning and zoning commission and/or city council deems necessary to make a decision as to the compliance of the development with applicable ordinances and regulations shall be included on the appropriate plans. (1996 Code § 17.28.090; amd. 2002 Code)

   C.   Certificates: The final plans shall include space for certification of approval in accordance with the form used for subdivision platting. The owners and mortgagees must sign the final plat or plan. (1996 Code § 17.28.090)

   D.   Appeals: In the event that final plans are disapproved by the planning and zoning commission, the applicant may petition the council for a hearing on the rejection. After a public hearing on the matter, the council may reverse the ruling of the commission by a majority vote of all members of the city council.

   E.   Filing Final Plan: When approved, two (2) copies of the final plan shall be filed with the city clerk. The city clerk shall cause to be executed and recorded with the Eddy County clerk's office, at the applicant's expense, an instrument in the following form:

(1996 Code § 17.28.090; amd. 2002 Code)

A change of zoning to PUD shall bind the development of the property so zoned to the PUD plan regardless of any change in ownership of the subject property. (1996 Code § 17.28.090)

The PUD plan is not a subdivision plat for any purpose, and full compliance with the subdivision regulations of the city must be met before a building permit is issued. However, subdivision, PUD approval and annexation may take place at the same time and with a set of documents that will satisfy each. Subdividing the property contained within the PUD plan may be in whole by one subdivision plat or in parts by a series of subdivision plats, and each subdivision plat submitted under the procedures of the subdivision regulations must be in substantial compliance with the PUD plan. The final subdivision plat may be approved at the same time as the final PUD plan is approved. (1996 Code § 17.28.090)

   A.   Standards For Amendment: Amendments to the PUD development plan shall be considered only when one or more of the following conditions exist:

      1.   A clear and obvious hardship would result unless an amendment to this plan is granted.

      2.   There was an error or mistake in the plan.

      3.   There has been a change of conditions in the surrounding area which would necessitate a change in the plan. (1996 Code § 17.28.090)

   B.   Procedure: Procedure for amendment shall be the same as that prescribed for plan approval. Should the city council approve the amendment to the PUD, an amended plan shall be filed and notice thereof recorded in the same manner as the original plan. Minor changes which improve the character of the site plan and do not increase the lot coverage, building density or building height can be made with the written approval of the planning and zoning commission. (1996 Code § 17.28.090; amd. 2002 Code)

The city council shall establish a schedule of fees for such action by resolution. The schedule of fees may be altered or amended from time to time by action of the city council with a resolution. (Ord. 975, 9-22-2015)