To provide a comprehensive development plan that is flexible and innovative when the development of a site by standard, more rigid, conventional zoning district regulations may produce less efficient use of the land and less amenities and benefits for the community and users of the development. Development under planned unit development provisions provides a means for encouraging ingenuity, imagination and flexibility on the part of land owners, engineers, architects, site planners and developers in the planning and design of land areas. It is not the intent of the planned unit development provisions to allow applicants to circumvent the intent of this Zoning Code or to allow development of land not in conformance with the Land Use Plan of the city.

(Ord. 09-21, passed 7-27-09)

   Proposals for development shall be developed under PUD district provisions when the Planning Director determines the development proposal exhibits one or more of the following listed characteristics or a characteristic of similar magnitude or nature:

   (A)   The total gross area of the proposed development is ten acres or more in size, except;

      (1)   Detached single-family developments submitted for development under R-1AA, R-1A and/or R-1B zoning district requirements;

      (2)   Developments submitted under RP-1 and/or ORP-1 zoning district requirements;

      (3)   Developments proposed for A-1 zoned property and all of the uses proposed for the development are permitted by A-1 zoning; or

   (B)   The proposed development involves uses permitted by standard zoning districts in accordance with the provisions of §§ 158.030 through 158.043 of this chapter, and such uses are permitted by one or more PUD districts, and without PUD district zoning classification the development would normally require the approval of more than one standard zoning district.

(Ord. 09-21, passed 7-27-09)

   Applicants of proposals for development in which the development is determined, as per § 158.061, do not meet the conditions of mandatory PUD applicability may voluntarily request to be considered for PUD zoning classification and development under PUD district provisions. Approval for consideration shall not be construed or interpreted as approval of the requested PUD zoning.

(Ord. 09-21, passed 7-27-09)

   Types of planned unit development districts include R-PUD (Residential Planned Unit Development), C-PUD (Commercial Planned Unit Development), MX-PUD (Mixed Use Planned Unit Development), and I-PUD (Industrial Planned Unit Development). Each PUD district shall be governed by the requirements specified for each respective PUD district and the general provisions governing Planned Unit Developments.

(Ord. 09-21, passed 7-27-09)

   (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 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 shall 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 a specific site 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 satisfactory completion of all requirements for site 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. 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 City Council 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)   Application process and sequence. Due to the flexible and special character of planned unit development districts and projects, and to assist the city in evaluating the merits and making findings of proposed PUD projects, the full PUD approval process generally involves either a two stage review or a single stage/concurrent review. The applicant may select either the two stage review process or the single stage/concurrent review process. Unless the applicant informs the Planning Director at the time of submission of the PUD zoning classification application of selection of the single stage/concurrent review process, the applicant shall be considered to have selected the two stage review process.

      (1)   Two-stage review process.

         (a)   First stage. The first stage of the two-stage review process generally consists of submission of an application for PUD zoning classification in accordance with division (F) of this section and §§ 158.065(A) - (C). The Planning Commission then reviews and makes a recommendation on the PUD zoning classification application in accordance with §§ 158.065 (D) - (F). The City Council then, in accordance with § 158.065(G) and (H), reviews the PUD zoning classification application and makes a decision to either approve as submitted, approve with supplementary conditions or disapprove the application. Approval of PUD zoning classification constitutes only approval of PUD district zoning for the subject property. A specific site plan shall be submitted and approved prior to the issuance of a city zoning permit for the subject property.

         (b)   Second stage. Unless the applicant selects the single stage/concurrent review process as per division (D)(2) of this section, the second stage of the two-stage PUD approval process begins at the initiation of the applicant and is effective only if the PUD zoning classification application submitted in the first stage was approved or approved with supplementary conditions by City Council. The second stage generally consists of submission of a specific site plan for the subject property in accordance with division (F) of this section and § 158.066(A), (B), (F), and (G). An administrative review and recommendation upon the specific site plan application is then conducted by the Planning Commission in accordance with §§ 158.066(H)-(J). The City Council then, in accordance with § 158.066(K) and (L), reviews the specific site plan application and makes an administrative decision to either approve the application as submitted, approve with supplementary conditions or disapprove.

      (2)   Single stage/concurrent review process. At the applicant's option the first and second stage of the two-stage review process may be combined for a single stage/concurrent review process. If the applicant elects such option, a PUD zoning classification application and a related specific site plan application, in accordance with § 158.065(C) and § 158.066(B), shall be simultaneously submitted by the applicant and both applications shall together proceed through a single stage/concurrent review process. In such case, the Planning Commission shall concurrently review both applications, but shall first make a recommendation upon the PUD zoning classification prior to making a recommendation upon the specific site plan application. The City Council then shall concurrently review both applications, but shall first act upon the PUD zoning classification prior to taking administrative action upon the specific site plan application.

   (E)   Application completeness and officially filed status. Planned unit development and specific site plan applications shall not be considered officially filed until the applicant has submitted all applicable filing fees, and submitted all information as may be required by the Planning and Zoning Department. Completeness of an application and submission of all necessary information is the responsibility of the applicant. Only after an application is determined by the Planning Director 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 § 158.066(G) may be considered to be incomplete, not officially filed, and not subject to city review procedures.

   (F)   Site arrangement requirements. The buildings, circulation, open space, landscaping and other elements of the proposed PUD 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;

      (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; and

      (6)   Landscaping and screening shall be as specified in § 158.135, Landscaping, Screening and Buffering.

   (H)   Multiple PUD projects. A proposed PUD project, either voluntary or mandatory, shall be considered a "multiple PUD project" when each individual use proposed for the project is permitted by at least one of the various PUD zoning districts (Example: R-PUD), while at the same time all of the proposed uses for the project are not permitted by only one, single PUD zoning district (Example: R-PUD and C-PUD). A multiple PUD project requires differing PUD district zoning classifications for respective, contiguous portions of the property proposed for development. When the proposed development is a multiple PUD project the applicant shall file a single PUD zoning application, identifying each specific PUD zoning district, incorporating a functional and general location phasing plan for each individual PUD, a functional and general locational sequencing schedule for the full multiple PUD project, and all other necessary application materials as per § 158.065 (C). A multiple PUD differs from a MX-PUD (§ 158.073) in that the differing uses (such as, residential vis-a-vis commercial) are located in the distinctive appropriate PUD District.

   (I)   Transition of PUD provisions and regulations.

      (1)   Effective date of §§ 158.060 through 158.084 revisions. The provisions and regulations of this Zoning Code pertaining to planned unit developments, §§ 158.060 through 158.084, have been substantially revised by Ordinances No. 90-36, effective 11-12-90 and as further amended by Ordinance 09-21 effective, August 26, 2009. As used in this section, the effective date of the revised planned unit development provisions and regulations is the same as the effective date of Ordinance No. 90-36, effective 11-12-90 and as further amended by Ordinance 09-21 effective, August 26, 2009.

      (2)   Previous PUD approvals. All PUD approvals, including any approved modifications, amendments or conditions, approved by the city prior to the effective date 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 Ordinances 90-36, effective 11-12-90 and Ordinance 09-21, effective August 26, 2009. If any time limitation attached to an approval of a PUD, modification, amendment or condition has expired, such approval shall be governed by the current provisions and regulations of §§ 158.060 through 158.084 and this Zoning Code.

      (3)   Applications filed prior to effective date. All PUD applications and all requests to modify, change, amend or alter a PUD that are officially filed, but not approved prior to the effective date shall be governed by the PUD provisions and regulations in effect on the official filing date of the application or request.

      (4)   Applications filed after effective date. On and after the effective date, all PUD applications and all requests to modify, change or alter a PUD shall be governed by the PUD provisions and regulations in effect at that time.

(Ord. 09-21, passed 7-27-09)

   (A)   Notice to applicants. Notice is hereby provided to all applicants that:

      (1)   Approval of PUD zoning classification shall not be deemed approval of a specific site plan or approval of a zoning permit;

      (2)   The issuance of a city zoning permit for all or any portion of a PUD project requires City Council approval of a specific site plan; and

      (3)   In accordance with § 158.066(C) and (D), unless an extended approval period is granted by City Council, approval of any specific site plan shall expire if actual construction has not started in the area of approval for the respective specific site plan within two years from the effective date of City Council approval of the plan. All PUD site plans approved prior to the passage of Ordinance 09-21, effective August 26, 2009, shall not expire for five years from the date of approval.

   (B)   Pre-application meeting. Prior to filing an application for a Planned Unit Development, the applicant or his agent is strongly encouraged to meet with the Planning Director or the director's designee. The purpose of this meeting is to informally and generally discuss the proposed development and the purpose, criteria and standards of the Planned Unit Development provisions and this code, and to provide the prospective applicant an opportunity to ask questions about PUD requirements and the PUD review and approval process. The applicant shall note that no statement or representation of the Director, the director's designee or any representative of the city during this pre-application meeting and any subsequent pre-application meetings shall be binding upon the Planning Commission, the City Council or the city. In addition, the applicant is encouraged to engage in informal consultation with the City Engineer, entities providing energy or utility services necessary for the proposed PUD, and such other individuals, entities or organizations as suggested by the Director or his designee.

   (C)   Application requirements. The applicant shall officially file, in accordance with § 158.064(D), an application for planned unit development district classification with the Planning and Zoning Department and shall make payment to the city in an amount equal to the established filing fee applicable to the PUD application for the proposed development. The application shall contain an original and copies of all application materials, as required on the checklist on file at the time of application with the Planning and Zoning Department in a quantity specified by the Planning and Zoning Department.

   (D)   Planning Commission public hearing and notice. Notwithstanding § 158.175(F), the Planning Commission shall hold a public hearing on an officially filed planned unit development zoning application within 45 days after the application's official filing date. Before holding such public hearing, notice of the hearing shall be given in accordance with § 158.175(G). Notwithstanding § 158.175(H), notice shall also be provided by first class mail at least 15 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be provided to all owners of property within 500 feet from the exterior boundaries of the area associated with the proposed PUD zoning classification or PUD amendment proposal. The city, at its discretion, may provide notice by other alternative means such as hand delivery, newspaper publication, electronic media, and any forms of notice utilized in lieu of mailed notice, to owners outside of the 500-foot boundary. The notice shall set forth the time and place of the public hearing and the nature of the proposed development. The failure to deliver the notice as provided in this section, so long as it is not intentional, shall not invalidate the public hearing or any decision on the application.

   (E)   Planning Commission review and recommendation of PUD application. After a planned unit development application has been determined to be officially filed in accordance with § 158.064(F), the Planning Commission shall review and study the application and any accompanying materials. In the course of its study, the Commission may confer with other agencies of government, request additional information or clarification from the applicant, and request additional study and comments from the Planning and Zoning Department staff. The Planning Commission shall, by resolution, recommend to the City Council that the request for planned unit development zoning classification be approved as presented, approved with supplementary conditions or modifications, or disapproved. The Commission shall then transmit to the City Council all papers constituting the record and the resolution containing the Commission's recommendation. If the Commission recommends approval with supplementary conditions, such conditions shall be fully expressed in the recommendation resolution. Any normally permitted or accessory use that is recommended to be included in the specific planned unit development shall be fully identified and expressed in the Commission's resolution and based upon findings in accordance with §§ 158.071(B), 158.072(B), 158.073(B), and 158.074(B). If the Planning Commission determines, in order to conduct a sufficient review and make its recommendation, that additional information is required from the applicant or additional study is required, the Commission may table consideration of the application until such additional information is received by the Commission or the Commission's study is complete.

   (F)   Criteria for Planning Commission recommendation. Before making a recommendation for approval or approval with supplementary conditions or modifications, as per division (E) of this section, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing, and any modifications, amendments or supplementary conditions, satisfy the standards and criteria for planned unit development approval as per division (I) of this section.

   (G)   City Council public hearing and notice. Within 45 days after the receipt of the Planning Commission recommendation and resolution, the Clerk of City Council shall set a date for a City Council public hearing, notify the applicant the date set, and such hearing, notwithstanding § 158.175(J), shall be held as soon as reasonably possible thereafter, unless the applicant requests additional time. Before holding such public hearing, notice of the hearing shall be given in accordance with § 158.175(K). Notwithstanding § 158.175(L), notice shall also be provided by first class mail at least 15 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be provided to all owners of property within 500 feet from the exterior boundaries of the area associated with the proposed PUD zoning classification or PUD amendment proposal. The city, at its discretion, may provide notice by other alternative means such as hand delivery, newspaper publication, electronic media and/or any other forms of notice utilized in lieu of mailed notice, to owners outside of the 500 foot boundary. The notice shall set forth the time and place of the public hearing and the nature of the proposed development. The failure to deliver the notice as provided in this section, so long as it is not intentional, shall not invalidate the public hearing or any decision on the application.

   (I)   Standards and criteria for Planned Unit Development zoning approval. A planned unit development zoning classification shall only be approved when the following standards and criteria are satisfied.

      (1)   The planned unit development complies with the purpose and intent of this Zoning Code;

      (2)   The proposed development promotes the health, safety and general welfare of the present and future inhabitants of the city;

      (3)   The proposed zoning and the conditions and requirements incorporated within the ordinance approving the PUD zoning district provide for minimizing impacts on the surrounding development;

      (5)   Potential impacts on public services and facilities can be mitigated by site and building design and the benefits which will accrue to the city and the public;

      (6)   Existing and proposed utility services for the proposed residential population densities and nonresidential uses are or will be available to the project;

      (7)   The proposed development complies with applicable requirements and conditions of § 158.064;

      (8)   Each individual section or subarea of the development, as well as the total development, can exist as a functionally independent environment. In the alternative and at the discretion of the city, adequate assurance has been provided by the applicant and to the satisfaction of the city that such objective will be achieved;

      (9)   Any permitted, conditional, or accessory uses excluded from the specific proposed planned unit development are based upon findings in accordance with §§ 158.071(B), 158.072(B), 158.073(B), and 158.074(B); and

      (10)   The planned unit development can be substantially completed within the time specified in the schedule of development submitted by the applicant.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 14-17, passed 8-25-14)

   (A)   Notice to applicants. Notice is hereby provided to all applicants that:

      (1)   Approval of PUD zoning classification shall not be deemed approval of a specific site plan or approval of a zoning permit;

      (2)   The issuance of a city zoning permit for all or any portion of a PUD project requires City Council approval of a specific site plan; and

      (3)   In accordance with divisions (C) and (D) of this section, unless an extended approval period is granted by City Council, approval of any specific site plan shall expire if actual construction has not started in the area of approval for the respective specific site plan within two years from the effective date of City Council approval of the plan.

   (B)   Required specific site plan application. Prior to the issuance of a city zoning permit for any PUD project, a specific site plan application shall be officially filed in accordance with § 158.064 (F), proceed through the review and approval process as per divisions (G) - (K) of this section, and shall be approved by City Council. All specific site plan applications shall incorporate a minimum area of five acres. In cases in which the total gross area of the property approved for PUD zoning classification is less than five acres, the specific site plan shall incorporate 100% of the PUD property. In all cases the area incorporated in a specific site plan shall be contiguous.

   (C)   Expiration of specific site plan approval. Unless an extended approval period is granted in accordance with division (D) of this section, approval or approval with supplementary conditions of any specific site plan shall expire if, in the judgment and determination of the city, the actual start of construction has not begun in the approved area of the respective specific site plan within two years from the effective date of City Council approval of the respective plan. In the event of expiration of an approved specific site plan, the applicant shall start afresh, submit a specific site plan application in accordance with §§ 158.064(F) and division (E) of this section, and the application shall proceed through the review and approval process as per divisions (G) - (K) of this section. All PUD site plans approved prior to the passage of this section shall not expire for five years from the date of approval.

      (1)   The owner has submitted a written request for an extended approval period for the specific site plan;

      (3)   The approval period for the specific site plan has not been previously extended by City Council;

      (4)   An extension of approval period for the specific site plan will not cause the city to breach any PUD Agreement made with the owner;

      (5)   The owner, in the judgment of the Council, has taken reasonable steps and made reasonable efforts to actually start construction;

      (6)   An extended approval period for the specific site plan will not violate the purpose and intent of §§ 158.060 through 158.084 and this Zoning Code;

      (7)   An extended approval period for the specific site plan promotes the health, safety and general welfare of the present and future inhabitants of the city; and

      (8)   The period of extension for the specific site plan does not exceed one year.

      (1)   An officially filed specific site plan shall substantially conform to the PUD zoning plans, concepts, schedules and development information as approved by City Council. If the Planning Director or the Planning Commission determines that the officially filed specific site plan does not substantially conform, the applicant may either modify the specific site plan to the extent necessary for substantial conformance and resubmit for review, or start afresh and submit a new specific site plan for review, or apply for an amendment to the PUD zoning classification ordinance. Notwithstanding § 158.064(F), a submitted specific site plan shall not be considered officially filed if the Planning Director determines prior to Planning Commission review that the submitted specific site plan does not adhere to the substantial conformance requirement.

      (2)   At the discretion of the Planning Commission, a submitted specific site plan that contains modifications to the plans, concepts, schedules and development information as approved by City Council, may be determined to substantially conform. In no event shall a specific site plan be determined to substantially conform if the specific site plan involves changes in permitted uses as per § 158.068, or changes which result in exceeding any limitation or any maximum amount imposed by an ordinance originally granting or amending the PUD zoning classification for the subject property.

   (K)   City Council public hearing and action. Within 45 days after the receipt of the Planning Commission recommendation, the Clerk of the City Council shall set a date for a public hearing and such hearing, notwithstanding § 158.175(J), shall be held as soon as reasonably possible thereafter, unless the applicant requests additional time. The public hearing shall be for the purposes of taking administrative action on the proposed specific site plan. Following the scheduled hearing the City Council shall, by motion, either approve, approve with supplementary conditions, or disapprove the proposed specific site plan. Approval of such motion requires a vote of at least four members of the Council. If the Council approves the specific site plan with supplementary conditions, the motion for approval shall fully set forth such conditions and be fully recorded in the meeting minutes. As the basis for City Council approval of a specific site plan, with or without supplementary conditions, Council shall find that the facts submitted with the application and any accompanying materials, and any modifications, amendments or supplementary conditions satisfy the standards and criteria for specific site plan approval as per division (M) of this section. If the standards and criteria of division (M) of this section are not satisfied, Council shall disapprove the specific site plan and shall make findings of fact indicating which particular standards and criteria are not satisfied. If the City Council determines in order to conduct a sufficient review and make its decision that additional information is required from the applicant or additional study is required, the Council may table consideration of the application until such additional information is received by the Council or the Council's study is complete.

      (1)   The specific site plan complies with the purpose and intent of the specific PUD zoning;

      (2)   The proposed development carries out the purpose and intent of the City's Land Use Plan;

      (3)   The proposed development promotes the health, safety and general welfare of the present and future inhabitants of the city;

      (4)   The specific site plan substantially complies with the substantial conformance requirement of division (G);

      (5)   The proposed development has no significant detrimental impact that outweighs the development's benefits to the community;

      (6)   The proposed streets and driveways on the site of the proposed development will be adequate to serve the residents, occupants or users of the proposed development, and the specific site plan, along with any necessary off-site vehicular circulation improvements, provides adequate vehicular ingress and egress and will be accessible from current or planned public thoroughfares adequate to carry traffic which will be imposed upon them by the proposed development;

      (7)   The proposed development minimizes conflicts between vehicular, pedestrian and bicycle circulation patterns and movement;

      (8)   The benefits of the proposed development mitigate any burden on public services and facilities, including fire and police protection;

      (9)   Existing and proposed utility services for residential population densities and nonresidential uses are adequate for the projected demand during all phases of development and at full completion of development;

      (10)   The proposed development complies with applicable requirements and conditions of § 158.064;

      (11)   Each individual section or subarea of the development, as well as the total development, can exist as a functionally independent environment. In the alternative and at the discretion of the city, adequate assurance has been provided by the applicant and to the satisfaction of the city that such objective will be achieved;

      (12)   The design and other amenities incorporated in the proposed development will provide increased benefits to the residents, occupants, users and the community and such design and other amenities are in accord with the planned unit development provisions of this Zoning Code and other applicable ordinances of the city; and

      (13)   The proposed development contains such covenants, easements, and other such forms of property rights and control as may reasonably be required for the maintenance and care of common, private facilities and for the public health, safety and welfare. If governmental ownership of common open space, recreational facilities, or other common facilities is planned, a copy of its acceptance has been filed with the application.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12)

   If any portion of property included in a planned unit development is sold or leased, the PUD zoning classification and specific site plan obligations shall continue to be binding upon all subsequent owners or lessees, regardless of the acreage involved in the sale or lease. As a matter of procedure, all terms and conditions of any planned unit development zoning classification and specific site plan that were approved by the City Council in the past or may be approved in the future shall remain binding upon and enforceable against the subject tract of land, except to the extent modified in accordance with § 158.070(A) through (C).

(Ord. 09-21, passed 7-27-09)

   The permitted uses for an approved PUD include all uses identified as permitted and accessory uses for the type of PUD district under which the PUD was approved, except those uses expressly identified as excluded uses in the ordinance granting PUD zoning approval for the subject property. Upon PUD zoning approval, an applicant is not required to develop all uses permitted for the applicant's specific PUD, however, an applicant shall only develop those uses permitted for the specific PUD. Any request to modify or change the permitted uses of a specific PUD, as such uses are identified in §§ 158.071(B), 158.072(B), 158.073(B) and 158.074(B), and as may be conditioned by the original ordinance granting PUD zoning classification for the subject property, requires an amendment to such ordinance. Upon a request to modify or change the permitted uses for a specific PUD, the city, at its discretion, shall require the applicant to either submit a new, full application in accordance with § 158.065(C), or submit a modified PUD zoning application, or submit supplementary materials to accompany the original PUD zoning application materials. In all cases, proposed amendments to the original zoning ordinance shall be subject to review and approval procedures in accordance with §§ 158.065(D) - (I).

(Ord. 09-21, passed 7-27-09)

   (B)   Conditional uses within PUDs. Planning Commission shall have the appropriate power and duty to hear and decide upon applications for conditional uses which are requested to be approved uses within a PUD. The Planning Commission shall approve, deny, or approve with conditions for PUD conditional use applications. Approval of a conditional use application shall expire one year after the effective date of Planning Commission approval unless approval of a specific site plan for that conditional use has been approved. Upon approval of a specific site plan, the conditional use will expire with the expiration of the specific site plan.

(Ord. 09-21, passed 7-27-09)

   Requests to modify an approved specific site plan, when such requested modification does not involve a change of permitted uses for the specific PUD, may be approved by administrative action. Requests to modify shall be in writing and signed by the property owner. The Planning Director shall determine the type and amount of any additional information necessary for consideration of the modification. Modifications shall be considered either major, minor or incidental, and shall be approved or disapproved by administrative action in accordance with divisions (A), (B) and (C) of this section. Requests to modify an approved specific site plan which involve a change of PUD permitted uses shall be considered a modification to PUD permitted uses and shall comply with § 158.068.

   (B)   Minor modifications. Minor modifications are defined as modifications which do not change the PUD's permitted uses and do not exceed any of the limitations and conditions of the PUD's approval ordinance, and which result in an increase of less than 5% in building coverage; an increase of less than 5% in dwelling unit density; changes not exceeding 25 feet in building location not affecting front yard setbacks from streets or setbacks from exterior property lines of the PUD; an increase of more than five feet in the height of a building or structure; minor redesign of a building such as significant alterations to exterior materials or colors, provided the redesign does not significantly alter the central architectural design or theme of the building; or changes not considered to be of major or incidental modification character. The Planning Commission shall, by motion, approve or disapprove minor modifications to approved specific site plans. Such approval shall be based on a Commission determination that the modifications are not in conflict with the intent and character of the approved specific site plan and such modifications do not change the permitted uses for the specific PUD. Minor modifications do not require a public hearing and Planning Commission's decision shall be final.

   (C)   Incidental modifications. Incidental modifications are defined as modifications which do not change the PUD's permitted uses and do not exceed any of the limitations and conditions of the PUD's approval ordinance, and which result in less building coverage due to decreasing the size of structures; a decrease in the number of structures; a decrease in the number of dwelling units in a R-PUD or MX-PUD; minor redesign of PUD streets, such as adjustments in a turning radius; minor redesign, such as a realignment, of pedestrian circulation facilities or parking or loading areas; changes in landscaping or screening materials that do not alter the intended function of the landscaping or screening; an increase of five feet or less in the height of a building or structure; minor revisions of building elevations such as realignment of major building entrances or window placement, or significant alterations to exterior building materials or colors, provided the revisions do not alter the central design or architectural theme of a building; or changes not considered to be of minor or major modification character. The Planning Director shall approve or disapprove incidental modifications to approved specific site plans. Such approval shall be based on the Director's determination that the modifications are not in conflict with the intent and character of the approved specific site plan and such modifications do not change the permitted uses for the specific PUD. In the alternative and at the discretion of the Planning Director, the Director may request that incidental modifications be approved by the Planning Commission.

      (1)   The owner has submitted a written request for an extended approval period for the modification;

      (2)   The subject property currently has a PUD zoning classification;

      (3)   The approval period for the modification has not been previously extended by City Council and/or Planning Commission;

      (4)   An extension of approval period for the modification will not cause the city to breach any PUD agreement made with the owner;

      (5)   The owner, in the judgment of the City Council and/or Planning Commission, has taken reasonable steps and made reasonable efforts to actually start construction;

      (6)   An extended approval period for the modification will not violate the purpose and intent of §§ 158.060 through 158.084 and this Zoning Code;

      (7)   An extended approval period for the modification promotes the health, safety and general welfare of the present and future inhabitants of the city; and

      (8)   The period of extension for the modification does not exceed one year.

(Ord. 09-21, passed 7-27-09; Am. Ord. 23-19, passed 9-11-23)

   (A)   Intent. To provide flexibility in the arrangement and design of residential dwellings based upon a unified development plan conceived and carried out for the entire PUD tract. Within this district, appropriate and reasonable population density is maintained while a variety of dwelling unit types is permitted. Developers are to retain, natural features such as topography, trees, and drainage ways. Such developments are generally characterized by a significant proportion of usable open space, a unified design concept with particular attention devoted to the periphery of the development, with the objective of compatibility of the development with its surroundings.

   (B)   Permitted, accessory and conditional uses.

      (1)   The permitted, conditional and accessory uses in R-PUD districts are those uses included as permitted and accessory uses in residential districts, excluding manufactured home developments. One or more of these permitted and accessory uses may be excluded from the specific R-PUD when the City Council determines that the specific permitted or accessory use normally allowed in the listed residential districts is inappropriate for the specific R-PUD. Such exclusion(s) shall be based upon at least one of the following findings that the specific excluded use:

         (a)   Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the City's Land Use Plan or other approved plans of the city; or will create hazardous traffic conditions; or will impose an unmitigated burden on public services and facilities, such as fire and police protection; or

         (b)   Will not promote the purpose and objectives of the planned unit development provisions of this code; or

      (2)   Upon approval by City Council in accordance with § 158.069(B) those uses included as conditional uses in residential districts are allowed in a R-PUD.

   (C)   Land use intensity. For R-PUDs, the coverage of the total gross area of the development shall not exceed 45% of the entire development. For the purposes of this section, coverage shall be interpreted to include the area covered by all buildings, all parking areas, all driveways, and all public and private streets and paved rights-of-way. Structures and other impervious surfaces included within, and developed as an integral part of an area of open space may, at the sole discretion of the Planning Commission and City Council, be excluded from the coverage of the total gross area percentage. Developers of R-PUDs are encouraged to achieve an approximate equal distribution of coverage for each individual phase or subarea of the total PUD.

   (D)   Land use density.  

      (1)   The overall density of a R-PUD shall not exceed the maximum density allowed in the Land Use Plan for dwelling units per acre, excluding public rights-of-way that are subject to impact fee credits.

      (2)   Lot requirements:

         (a)   The minimum lot width, in one-family R-PUDs shall be 60 feet.

         (b)   When designing site plans for proposed, one-family R-PUDs which will abut existing residential developments, the lot size for the proposed lots which are directly adjacent to the existing residential lots shall be, at a minimum, the same area as the minimum lot size requirement of the existing adjacent residential lots, or 20,000 square feet, whichever is less (i.e. if adjacent to R-1B, then minimum lot is size shall be 16,000 square feet).

         (c)   There shall be a 50-foot buffer between multi-family projects that have buildings with more than two units abutting existing, or approved (but not yet constructed) single family projects.

   (E)   Building height regulations. No building shall be erected in excess of 50 feet in height, except, at the discretion of the City Council, the maximum height may be increased when such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, and satisfies applicable fire and safety regulations.

   (F)   Landscaping and screening. See § 158.135, Landscaping, Screening and Buffering. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will improve the design and functionality of the site, increase benefits to the community that are derived from the development, and will not adversely affect surrounding neighborhoods and public facilities.

      (1)   New residential development proposed to be located adjacent to U.S. 35 or I-675 shall provide noise barriers consisting of an earthen mound, solid masonry walls, permanent engineered sound barriers, or other similarly effective methods or materials along the entire length of the right-of-way abutting the project. The height of the barrier shall protect all residential structures to a point at least ten feet above ground level. A sound study may be required, which shall be provided by the applicant, to ensure engineered sound barriers protect residential structures.

      (2)   If any habitable area of the residential structures would not be completely screened by the noise barriers, the project developer shall either extend the height of the barrier to provide such protection or incorporate noise reduction measures in the residential structures. Such measures include but are not limited to increased setback of structures from highway right-of-way, utilizing materials that increase sound resistance, using construction methods to provide air space and reduce vibration, sealing cracks around doors and windows, reducing window sizes and installing double glazed windows. In preparing plans for the above described noise reduction, developers shall be guided by the U.S. Department of Housing and Urban Development Noise Guide Book.

   (G)   Exterior lighting. See § 158.136, Standards for Exterior Lighting. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will improve the design and functionality of the site, increase benefits to the community that are derived from the development, and will not adversely affect surrounding neighborhoods and public facilities.

   (H)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will improve the design and functionality of the site, increase benefits to the community that are derived from the development, and will not adversely affect surrounding neighborhoods and public facilities.

   (I)   Off-street loading. Spaces shall be provided in accordance with § 158.113, Off-Street Loading Regulations. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will improve the design and functionality of the site, increase benefits to the community that are derived from the development, and will not adversely affect surrounding neighborhoods and public facilities.

   (J)   Signs. In conjunction with and at the same time as submission of a specific site plan application, the applicant may submit a proposed sign limitation and control package specifically fashioned for the PUD. The applicant may submit a proposed sign limitation and control package specifically fashioned for the PUD for separate approval as a minor modification to be considered and decided upon by the Planning Commission.

(Ord. 09-21, passed 7-27-09; Am. Ord. 14-17, passed 8-25-14; Am. Ord. 23-19, passed 9-11-23)

   (A)   Intent. To provide for the development of business, office and commercial establishments within a unified commercial area and plan of development. Within this district, business, office and commercial establishments can be flexibly located to achieve compatible exterior physical design, to utilize the site more efficiently than allowed by standard zoning regulations, to take advantage of natural features of the site, to achieve a higher degree of pedestrian and vehicular separation, to eliminate undesirable features of strip commercial development, to reduce vehicular traffic conflicts within the site and with public rights-of-way, and to enhance compatibility of the development with its surroundings.

   (B)   Permitted, accessory, and conditional uses.

      (1)   The permitted, conditional and accessory uses in C-PUD zoning districts are those uses included as permitted, conditional and accessory uses in residential-office (RO-1), commercial and light industrial zoning districts. One or more of these permitted, conditional and accessory uses may be excluded from the specific C-PUD when the City Council determines that the specific permitted, conditional or accessory use is inappropriate for the specific C-PUD. Such exclusion(s) shall be based upon at least one of the following findings that the specific excluded use:

         (a)   Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the City's Land Use Plan or other approved plans of the city; or will create hazardous traffic conditions; or will impose an unmitigated burden on public services and facilities, such as fire and police protection; or

         (b)   Will not promote the purpose and objectives of the planned unit development provisions of this code; or

         (c)   Does not advance the general welfare of the community and the immediate vicinity and will adversely affect or impact adjoining or surrounding development without satisfactory mitigation measures.

      (2)   Upon approval by City Council in accordance with § 158.069 (B) those uses included as conditional uses in commercial and light industrial zoning districts are allowed in a C-PUD. Wireless telecommunication facilities shall automatically be a conditional use permitted in a C-PUD district.

 

 

   (D)   Building height regulations. The maximum height of any building in a C-PUD District shall be 70 feet, except, at the discretion of the City Council, the maximum height may be increased when such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, and satisfies applicable fire and safety regulations.

   (E)   Landscaping and screening.

      (2)   Any commercial development proposed to be located within 1,000 feet of any existing or proposed residential district or project shall present and implement plans for providing a barrier from noise generated by the activities of the commercial development. These activities include but are not limited to loading dock and delivery activities, truck movements, idling and parking, waste collection, compactor or shredding activities, roof mounted and ground mounted mechanical equipment, and parking lots and driveways. Methods which may be utilized include earthen mounding, solid masonry walls, permanent engineered sound barriers, or other methods or materials of equal affect as those listed above. The noise barrier shall be tall enough to exceed the height of any noise source such as truck engines and exhaust stacks.

   (F)   Exterior lighting. See § 158.136, Standards for Exterior Lighting. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will improve the design and functionality of the site, increase benefits to the community that are derived from the development, and will not adversely affect surrounding neighborhoods and public facilities.

   (G)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will improve the design and functionality of the site, increase benefits to the community that are derived from the development, and will not adversely affect surrounding neighborhoods and public facilities.

   (I)   Signs. In conjunction with and at the same time as submission of a specific site plan application, applicants may submit a proposed sign limitation and control package specifically fashioned for the PUD. The applicant may also submit a proposed sign limitation and control package specifically fashioned for the PUD for separate approval as a minor modification to be considered and decided upon by the Planning Commission. Any C-PUD in existence prior to the passage of Ordinance 09-21, effective August 26, 2009 , where a sign limitation and control package has not been approved, shall comply with all B-2 sign regulations, unless a separate sign limitation and control package is approved by Planning Commission.

(Ord. 09-21, passed 7-27-09; Am. Ord. 23-19, passed 9-11-23)

      (1)   The permitted, conditional and accessory uses in MX-PUD zoning districts are those uses included as permitted, conditional and accessory uses in residential, commercial and light industrial districts, excluding manufactured home developments. One or more of these permitted, conditional and accessory uses may be excluded from the specific MX-PUD when the City Council determines that the specific permitted, conditional or accessory use is inappropriate for the specific MX-PUD. Such exclusion(s) shall be based upon at least one of the following findings that the specific excluded use:

         (a)   Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the City's Land Use Plan or other approved plans of the city; or will create hazardous traffic conditions; or will impose an unmitigated burden on public services and facilities, such as fire and police protection; or

         (b)   Will not promote the purpose and objectives of the planned unit development provisions of this code; or

         (c)   Does not advance the general welfare of the community and the immediate vicinity and will adversely affect or impact adjoining or surrounding development without satisfactory mitigation measures.

      (2)   Upon approval by City Council in accordance with § 158.069(B), those uses included as conditional uses in residential, commercial and light industrial districts are allowed in a MX-PUD.

 

 

      (1)   If a non-residential use is planned or developed within a horizontal distance of less than 100 feet from a residential use, residential uses shall be developed only at the second story or higher of buildings in which grade level use is a business, office or commercial MX-PUD District permitted, or accessory or approved conditional use.

      (2)   The overall density of an MX-PUD shall not exceed the maximum density allowed in the Land Use Plan for dwelling units per acre. When calculating density, the acreage portion of the calculation shall not include undevelopable areas where the natural or environmental conditions (i.e. steep slopes, floodways, wetlands, etc.) would prevent the construction of residential structures without an unreasonable investment to overcome these natural constraints, or areas dedicated as or to be dedicated as public rights-of-way and private streets.

      (3)   The minimum lot width in one-family portions of MX-PUDs, shall be 60 feet.

      (4)   When designing site plans for proposed, one-family portions of MX-PUDs which will abut existing residential developments, the lot size for the proposed lots which are directly adjacent to the existing residential lots shall be, at a minimum, the same size as the existing residential lots, or 20,000 square feet, whichever is less.

      (5)   There shall be a 50-foot buffer between multi-family projects that have buildings with more than two units abutting existing, or approved (but not yet constructed) single family projects.

   (E)   Building height regulations. The maximum height of any building in a MX-PUD District shall be 50 feet, except, at the discretion of the City Council, the maximum height may be increased when such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, and satisfies applicable fire and safety regulations.

      (1)   See § 158.135, Landscaping, Screening and Buffering. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will improve the design and functionality of the site, increase benefits to the community that are derived from the development, will not adversely affect surrounding neighborhoods and public facilities.

      (2)   Any commercial development proposed to be located within 1,000 feet of any existing or proposed residential district or project shall present and implement plans for providing a barrier from noise generated by the activities of the commercial development. These activities include but are not limited to loading dock and delivery activities, truck movements, idling and parking, waste collection, compactor or shredding activities, roof mounted and ground mounted mechanical equipment, and parking lots and driveways. Methods which may be utilized include earthen mounding, solid masonry walls, permanent engineered sound barriers, or other methods or materials of equal affect as those listed above, which shall be approved by the Planning Department prior to installation. The noise barrier shall be tall enough to exceed the height of any noise source such as truck engines and exhaust stacks.

(Ord. 09-21, passed 7-27-09; Am. Ord. 21-12, passed 7-12-21; Am. Ord. 23-19, passed 9-11-23)

   (A)   Intent. To provide for the development of varied or similar industrial establishments within a unified industrial area and plan of development. Within this district, industrial establishments can be flexibly located to achieve compatible exterior physical design, to utilize the site more efficiently than allowed by conventional development standards, to take advantage of natural features of the site, to achieve a higher degree of pedestrian and vehicular separation, to comprehensively provide for necessary services and facilities in accordance with a predetermined plan, to reduce vehicular traffic conflicts within the site and with public rights-of-way, and to enhance compatibility of the development with its surroundings.

   (B)   Permitted, accessory and conditional uses.

      (1)   Those uses included as permitted, conditional and accessory uses in industrial zoning districts are permitted in an I-PUD District. One or more of these permitted and accessory uses may be excluded from the specific I-PUD when the City Council determines that the specific permitted or accessory use normally allowed in the I-1 Zoning District is inappropriate for the specific I-PUD. Such exclusion(s) shall be based upon at least one of the following findings that the specific excluded use:

         (a)   Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the City's Land Use Plan or other approved plans of the city; or will create hazardous traffic conditions; or will impose an unmitigated burden on public services and facilities, such as fire and police protection; or

         (b)   Will not promote the purpose and objectives of the planned unit development provisions of this code; or

         (c)   Does not advance the general welfare of the community and the immediate vicinity and will adversely affect or impact adjoining or surrounding development without satisfactory mitigation measures.

      (2)   Upon approval by City Council in accordance with § 158.069(B) those uses included as conditional uses in industrial zoning districts are allowed in an I-PUD. Wireless telecommunication facilities shall automatically be a conditional use permitted in all I-PUD districts.

      (3)   Upon approval by the City Council, specifically listed permitted and accessory uses allowed in commercial districts may be permitted as conditional uses in an I-PUD.

   (C)   Land use intensity. For I-PUDs, the maximum land use intensity and lot coverage by all buildings, and by buildings and all other impervious surfaces is as follows:

 

 

   (D)   Building height regulations. The maximum height of any building in an I-PUD district shall be 50 feet, except, at the discretion of the City Council, the maximum height may be increased when such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, satisfies applicable fire and safety regulations, and is necessary for the operation of a proposed industrial use.

   (E)   Landscaping and screening. 

      (1)   See § 158.135, Landscaping, Screening and Buffering. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will improve the design and functionality of the site, increase benefits to the community that are derived from the development, and will not adversely affect surrounding neighborhoods and public facilities.

      (2)   Any industrial development proposed to be located within 1,000 feet of any existing or proposed residential district or project shall present and implement plans for providing a barrier from noise generated by the activities of the industrial development. These activities include but are not limited to loading dock and delivery activities, truck movements, idling and parking, waste collection, compactor or shredding activities, roof mounted and ground mounted mechanical equipment, and parking lots and driveways. Methods which may be utilized include earthen mounding, solid masonry walls, permanent engineered sound barriers, or other methods or materials of equal affect as those listed above. The noise barrier shall be tall enough to exceed the height of any noise source such as truck engines and exhaust stacks.

   (F)   Exterior lighting. See § 158.136, Standards for Exterior Lighting. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will improve the design and functionality of the site, increase benefits to the community that are derived from the development, and will not adversely affect surrounding neighborhoods and public facilities.

   (G)   Parking. Parking shall be provided in accordance with § 158.114, Off-Street Parking Regulations. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will improve the design and functionality of the site, increase benefits to the community that are derived from the development, and will not adversely affect surrounding neighborhoods and public facilities.

   (H)   Off-street loading. Spaces shall be provided in accordance with § 158.113, Off-Street Loading Regulations. Upon approval of the City Council, any of these requirements may be modified, provided that such modification will improve the design and functionality of the site, increase benefits to the community that are derived from the development, and will not adversely affect surrounding neighborhoods and public facilities.

   (I)   Signs. In conjunction with and at the same time as submission of a specific site plan application, applicants may submit a proposed sign limitation and control package specifically fashioned for the PUD. The applicant may submit a proposed sign limitation and control package specifically fashioned to the PUD for separate approval as a minor modification to be considered on a case-by-case basis for individual parcels.

(Ord. 09-21, passed 7-27-09)

   (A)   Intent. To insure that the general design plan and detailed site plan for the authorized and approved use or uses on the subject property will protect or enhance the public interest, will provide a suitable and desirable arrangement of use or uses on the subject property, and the use(s) of the subject property provides favorable relationships with one another and the major natural features of the property.

   (B)   Applicability. Proposals for development shall require ASRA review and approval pursuant to §§ 158.075 through 158.084 when the Planning Director determines the development proposal exhibits one or more of the following listed characteristics or a characteristic of similar magnitude or nature:

      (1)   The total gross area of the proposed development is ten acres or more in size, and if the proposed development is not subject to PUD applicability pursuant to §§ 158.061 or 158.062, excluding detached single-family developments submitted for development under R-1AA, R-1A and/or R-1B zoning district requirements and such R-1AA, R-1A and/or R-1B zoning was in effect and approved prior to March 25, 1993.

      (2)   The total gross area of the proposed development is less than ten acres in size, and if the proposed development is not subject to PUD applicability pursuant to §§ 158.061 or 158.062, and if the proposed development site exhibits limited points or areas for vehicular access, or opportunities for vehicular access to and from the proposed development site are limited or constrained by other vehicular access points or areas previously designated by the city.

      (3)   If the total gross area of the proposed development is less than ten acres in size, and if the proposed development is not subject to PUD applicability pursuant to §§ 158.061 or 158.062, and if all or any portion of the proposed development site is located within an area indicated on the City's Land Use Plan as a Planned Development Area or any of the City’s Corridor Planning Area, or the redevelopment of an existing site located within an area indicated on the City's Land Use Plan as a Planned Development Area or an Indian Ripple Planning Area where the proposed redevelopment includes significant alterations to the exterior of an existing building or significant alteration to the layout of the site.

         (a)   If the redevelopment of an existing site or building does not involve significant alterations to the building or site, such as the replacement of dilapidated building materials, without expansion or change in the architectural look of the building, and a previous general or detailed ASRA site plan has not been approved by City Council, the owners of the parcel may be eligible to apply to the Planning Department for approval of a zoning permit, without being subject to the application, review and approval provisions of §§ 158.076(A) through 158.083. If a new use is proposed in a building or on a site where adequate parking is not available, then prior to the issuance of a zoning permit, the owners of the site shall be subject to the review and approval provisions of §§ 158.076(A) through 158.083 before the zoning permit can be approved.

      (4)   The proposed non-residential development involves more than one principal building on a lot.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 18-25, passed 11-26-18)

   The ASRA approval process generally involves applicant submission of either an ASRA detailed site plan, pursuant to § 158.077, for the entire site subject to ASRA approval, or in accordance with § 158.077, submission of an ASRA detailed site plan for a portion of the site, plus submission of an ASRA general design plan, in accordance with § 158.077, for the remaining balance of the site not included in the ASRA detailed site plan. If the applicant submits an ASRA detailed site plan for the entire property subject to ASRA approval, the applicant is not required to submit an ASRA general design plan. If an applicant receives, pursuant to the provisions of this Zoning Code, city approval of an ASRA detailed site plan for an area of an ASRA property or site that is less than the area of such site or property, the applicant is required to submit an additional ASRA application for ASRA detailed site plan approval for development on or within any portion of the ASRA site that is not included in the area of the approved ASRA detailed site plan. Such additional application shall be subject to the application, review and approval provisions of §§ 158.076(A) through 158.083. For the purposes of §§ 158.076(A) through 158.084(C) the "site subject to ASRA approval," "ASRA property," "ASRA site," or "ASRA property or site," shall mean the entirety of that land or real property that received the approved zoning designation under which the applicant proposes to develop the property.

   (A)   Notice to ASRA applicants. Notice is hereby provided to all applicants that:

      (1)   Approval of an ASRA general design plan shall not be deemed approval of an ASRA detailed site plan or approval of a zoning permit;

      (2)   The issuance of a city zoning permit for any portion of a property or project requiring compliance with the ASRA provisions of this Zoning Code also requires City Council approval of an ASRA detailed site plan for that area of the ASRA property or site for which a city zoning permit is requested;

      (3)   In accordance with §§ 158.081 and 158.082, unless an extended approval period is granted by City Council, approval of any ASRA detailed site plan shall expire if actual construction had not started in the area of approval for the respective ASRA detailed site plan within two years from the effective date of City Council approval of the ASRA detailed site plan.

   (B)   Pre-application meeting. Prior to filing an application for administrative an ASRA, the applicant or developer is strongly encouraged to meet with the Planning Director or the Director's designee. The purpose of this meeting is to informally and generally discuss the proposed development and the purpose; criteria and standards of the ASRA provisions and this code, and to provide the prospective applicant an opportunity to ask questions about ASRA requirements and the ASRA review and approval process. The applicant shall note that no statement or representation of the Director, the Director's designee or any representative of the city during this pre-application meeting and any subsequent pre-application meetings shall be binding upon the Planning Commission, the City Council or the city. In addition, the applicant is encouraged to engage in informal consultation with the City Engineer, entities providing energy or utility services necessary for the property and development proposed for ASRA approval, and such other individuals, entities or organizations as suggested by the Director or his designee.

   (C)   Application completeness and officially filed status.  

      (1)   An application for an ASRA shall not be considered officially filed until the applicant has submitted all applicable filing fees, and submitted to the Planning and Zoning Department 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 ASRA application is determined by the Planning Director to be complete and officially filed will application review procedures begin.

      (2)   Applications for ASRA detailed site plan approval that do not substantially conform to a previously submitted ASRA general design plan pursuant to the requirements of § 158.083 may be considered to be incomplete, not officially filed, and not subject to city review procedures.

(Ord. 09-21, passed 7-27-09)

   The applicant shall officially file, in accordance with § 158.076(C), an application for ASRA approval with the Planning and Zoning Department and shall make payment to the city in an amount equal to the established filing fee applicable to the ASRA application for the proposed development. The application shall contain an original and copies of all application materials as required on the checklist on file at the time of application with the Planning and Zoning Department in a quantity specified by the Planning and Zoning Department.

(Ord. 09-21, passed 7-27-09)

   The Planning Commission shall hold a public hearing on an officially filed ASRA application within 45 days after the application's official filing date. Before holding such public hearing, notice of the hearing shall be given in accordance with § 158.175(G). Notwithstanding § 158.175(H), notice shall also be provided by first class mail at least 15 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be provided to all owners of property within 500 feet from the exterior boundaries of the area associated with the proposed ASRA or ASRA modification. The city, at its discretion, may provide notice by other alternative means such as hand delivery, newspaper publication, electronic media and/or any other forms of notice utilized in lieu of mailed notice to owners outside of the 500-foot boundary. The notice shall set forth the time and place of the public hearing and the nature of the proposed development. The failure to deliver the notice as provided in this section, so long as it is not intentional, shall not invalidate the public hearing or any decision on the application.

   (A)   Planning Commission review and recommendation of ASRA application. After an ASRA application has been determined to be officially filed in accordance with § 158.076(C), the Planning Commission shall review and study the application and any accompanying materials. In the course of its study, the Commission may confer with other agencies of government, request additional information or clarification from the applicant, and request additional study and comments from the Planning and Zoning Department staff. Planning Commission shall, by resolution, recommend to the City Council that the request for administrative site plan review approval be approved as presented, or approved with supplementary conditions or modifications, or disapproved. The Commission shall then transmit to the City Council all papers constituting the record and the resolution containing the Commission's recommendation. If the Commission recommends approval with supplementary conditions, such conditions shall be fully expressed in the recommendation resolution. If the Planning Commission determines, in order to conduct a sufficient review and make its recommendation, that additional information is required from the applicant or additional study is required, the Commission may table consideration of the application until such additional information is received by the Commission or the Commission's study is complete.

   (B)   Criteria for Planning Commission recommendation. Before making a recommendation for approval or approval with supplementary conditions or modifications, as per division (A) of this section, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing, and any modifications, amendments or supplementary conditions, satisfy the standards and criteria for ASRA approval as per § 158.080.

(Ord. 09-21, passed 7-27-09)

   (A)   Public hearing guidelines. Within 45 days after the receipt of the Planning Commission recommendation, the Clerk of the City Council shall set a date for a public hearing, notify the applicant of the date of the hearing, and such hearing, unless the applicant requests additional time, notwithstanding § 158.175(J), shall be held as soon as reasonably possible thereafter. The public hearing shall be for the purposes of taking administrative action on the proposed ASRA application. Following the scheduled hearing the City Council shall, by motion, either approve, approve with supplementary conditions, or disapprove the proposed ASRA application. Approval of such motion requires a vote of at least four members of the Council. If the Council approves the ASRA application with supplementary conditions, the motion for approval shall fully set forth such conditions and be fully recorded in the meeting minutes. As the basis for City Council approval of an ASRA application, with or without supplementary conditions, Council shall find that the facts submitted with the application and any accompanying materials, and any modifications, amendments or supplementary conditions satisfy the ASRA standards and criteria as per § 158.080. If the standards and criteria of § 158.080 are not satisfied, Council shall disapprove the ASRA application and shall make findings of fact indicating which particular standards and criteria are not satisfied. If the City Council determines in order to conduct a sufficient review and make its decision that additional information is required from the applicant or additional study is required, the Council may table consideration of the application until such additional information is received by the Council or the Council's study is complete.

   (B)   Notice of City Council public hearing. Before holding the public hearing specified in § 158.079, notice shall be provided in accordance with § 158.175(J). Notwithstanding § 158.175(K), notice shall also be provided by first class mail at least 15 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be provided to all owners of property within 500 feet from exterior boundaries of the area associated with the proposed ASRA or ASRA modification. The city, at its discretion, may provide notice by other alternative means such as hand delivery, newspaper, electronic media and/or any other forms of notice utilized in lieu of mail notice to owners outside of the 500-foot boundary. The notice shall set forth the time and place of the public hearing and the nature of the proposed detailed site plan. The failure to deliver the notice as provided in this section, so long as it is not intentional, shall not invalidate the public hearing or any decision on the application.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10)

   An ASRA application shall only be approved when the following standards and criteria are satisfied:

   (A)   Compliance with Zoning Code. The development of the ASRA site complies with the purpose and intent of this Zoning Code;

   (B)   Promotes health, safety and general welfare. The proposed development of the ASRA site promotes the health, safety and general welfare of the present and future inhabitants of the city;

   (C)   Detailed site plan complies with general design plan. If applicable, the ASRA detailed site plan complies with the substantial conformance requirements of § 158.083;

   (D)   Traffic safety and separation of users. The proposed development minimizes conflicts between vehicular, pedestrian and bicycle circulation patterns and movement;

   (E)   Adequate accessibility to public thoroughfares. The site will be accessible from current or planned public thoroughfares adequate to carry traffic which will be imposed upon them by the proposed development;

   (F)   Existing public services and facilities impact mitigation. Potential impacts on public services and facilities can be mitigated by site and building design and the benefits which will accrue to the city and the public;

   (G)   Adequate public facilities available. Existing and proposed utility services for the proposed residential population densities and nonresidential uses are or will be available to the project;

   (H)   General design practices. The buildings, circulation, open space, landscaping and other elements of an ASRA detailed site plan 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.

   (I)   Appropriate easements and acceptance of dedicated land. The proposed development contains such covenants, easements, and other such forms of property rights and control as may reasonably be required for the maintenance and care of common, private facilities and for the public health, safety and welfare. If governmental ownership of common open space, recreational facilities, or other common facilities is planned, proper arrangements have been made for acceptance of such ownership.

(Ord. 09-21, passed 7-27-09)

   Unless an extended approval period is granted in accordance with § 158.082, approval or approval with supplementary conditions of any ASRA detailed site plan shall expire if, in the judgment and determination of the city, the actual start of construction has not begun in the approved area of the respective ASRA detailed site plan within two years from the effective date of City Council approval of the respective ASRA detailed site plan. In the event of expiration of an approved ASRA detailed site plan, the applicant shall start afresh, submit an ASRA application in accordance with §§ 158.075(A) through 158.077, and the application shall proceed through the review and approval process as per §§ 158.078 through 158.079(A). All ASRA site plans approved prior to the passage of this section shall not expire for five years from the date of approval.

(Ord. 09-21, passed 7-27-09)

   Upon request by the applicant or agent, a one-time only, administrative extension of the two-year approval period for an ASRA detailed site plan may be granted by the City Council for an additional one year. Within 45 days from the Planning Director's receipt of the owner's written request the Director shall forward the owner's request and the Director's comments and recommendation to the City Council. Within 45 days after City Council receives the request and the Planning Director's comments and recommendation, the Council shall take administrative action upon the request. City Council shall, by motion and administrative action, either deny the request for extension, approve the request for extension as submitted, or approve the request for extension for a lesser period of time than requested by the owner. Any extension of approval period for an ASRA detailed site plan shall become effective and begin to run on the date of City Council approval of such extension.

   (A)   Information included in request. The written request shall include:

      (1)   The necessity for the extension, submission of documentation and evidence that the owner has made a reasonable effort to begin the actual start of construction.

      (2)   The reason(s) why construction has not actually started to date and will not start prior to expiration of the detailed site plan.

      (3)   The requested length of time to extend the detailed site plan approval period, not to exceed one year.

      (4)   A description of the impact and major effects upon the full project and any approved ASRA general design plan if the requested extension is not approved.

      (5)   A description of the major effects upon the full project and the approved ASRA general design plan if the requested extension is approved, including changes in phasing or staging plans.

      (6)   A revised time schedule for the area of the detailed site plan and, showing the dates when construction will actually start for the area of the detailed site plan, and if applicable, the remaining or undeveloped areas of the complete and full approved ASRA general design plan property.

   (B)   Approval criteria. Council shall approve an extended approval period for a detailed site plan only when the following conditions are satisfied:

      (1)   The applicant or agent has submitted a written request for an extended approval period for the ASRA detailed site plan;

      (2)   If applicable, the subject property currently has an approved ASRA general design plan;

      (3)   The approval period for the ASRA detailed site plan has not been previously extended by City Council;

      (4)   The applicant or agent, in the judgment of the Council, has taken reasonable steps and made reasonable efforts to actually start construction;

      (5)   An extended approval period for the detailed site plan will not violate the purpose and intent of this Zoning Code;

      (6)   An extended approval period for the detailed site plan promotes the health, safety and general welfare of the present and future inhabitants of the city; and

      (7)   The period of extension for the ASRA detailed site plan does not exceed one year, and the applicant or agent shall be granted no more than one, one-year extension period.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10)

   (A)   Conformance required. If applicable, an officially filed ASRA detailed site plan shall substantially conform to and with any previously city approved ASRA general design plan, schedules and development information for the same ASRA property or site, or substantially conform to and with the general design plan, schedules and development information submitted simultaneously with the ASRA detailed site plan for the same ASRA property or site.

      (1)   If the Planning Director or the Planning Commission determines that the officially filed ASRA detailed site plan does not substantially conform, the applicant may either:

         (a)   Modify the detailed site plan to the extent necessary for substantial conformance and resubmit for review, or

         (b)   Start afresh and submit a new ASRA detailed site plan for review, or

         (c)    Apply for a modification to the ASRA general design plan previously approved by City Council.

      (2)   Notwithstanding § 158.075(B), a submitted ASRA detailed site plan shall not be considered officially filed if the Planning Director determines prior to Planning Commission review that the submitted ASRA detailed site plan does not adhere to this substantial conformance requirement.

   (B)   Planning Commission's discretion of conformance. At the discretion of the Planning Commission, a submitted ASRA detailed site plan that contains modifications to the ASRA general design plan and ASRA plans, concepts, schedules and development information as approved by City Council, may be determined to substantially conform.

(Ord. 09-21, passed 7-27-09)

   Requests to modify an approved ASRA detailed site plan, when such requested modification does not involve a change of permitted uses for the ASRA site or property, may be approved by administrative action. Requests to modify shall be in writing and signed by the property owner(s). The Planning Director shall determine the type and amount of any additional information necessary for consideration of the modification. Modifications shall be considered either major, minor or incidental, and shall be approved or disapproved by administrative action in accordance with divisions (A), (B), and (C) of this section.

   (A)   Major modifications. Major modifications are defined as modifications which do not change the permitted uses for the ASRA property or site and do not exceed any of the limitations and conditions of the ASRA approval, and which result in an increase of 5% or more in building coverage; a 5% or greater increase in dwelling unit density; a significant redesign of roadways, or drainage; major redesign of a building which significantly alters the central architectural design or theme of the building; or modifications not considered to be of minor or incidental character. Major modifications to an approved ASRA detailed site plan require resubmission of an ASRA application in accordance with §§ 158.076 through 158.080. At its discretion and in lieu of compliance with § 158.077, the Planning Commission may require the applicant to either submit a modified application or submit supplementary materials to accompany the original ASRA application materials. In all cases major modifications to approved ASRA detailed site plans shall be subject to review and approval procedures in accordance with §§ 158.078 through 158.080.

   (B)   Minor modifications. Minor modifications are defined as modifications which do not change the permitted uses of the ASRA property or site and do not exceed any of the limitations and conditions of the ASRA approval, and which result in an increase of less than 5% in building coverage; an increase of less than 5% in dwelling unit density; changes not exceeding 25 feet in building location not affecting front yard setbacks from streets or setbacks from exterior property lines of the ASRA property or site; an increase of more than five feet in the height of a building or structure; minor redesign of a building such as significant alterations to exterior materials or colors, provided the redesign does not significantly alter the central architectural design or theme of the building; or changes not considered to be of major or incidental modification character. The Planning Commission shall, by motion, approve or disapprove minor modifications to approved ASRA detailed site plans. Such approval shall be based on a Commission determination that the modifications are not in conflict with the intent and character of the approved ASRA detailed site plan and such modifications do not change the permitted uses for the specific ASRA property or site. Minor modifications do not require a public hearing and Planning Commission's decision shall be final.

   (C)   Incidental modifications. Incidental modifications are defined as modifications which do not change the permitted uses of the ASRA property or site and do not exceed any of the limitations and conditions of the ASRA approval, and which result in less building coverage due to decreasing the size of structures; a decrease in the number of structures; minor redesign of street layout, such as adjustments in a turning radius; minor redesign, such as a realignment, of pedestrian circulation facilities or parking or loading areas; changes in landscaping or screening materials that do not alter the intended function of the landscaping or screening; an increase of five feet or less in the height of a building or structure; minor revisions of building elevations such as realignment of major building entrances, or window replacement, or insignificant alterations to exterior building materials or colors, provided the revisions do not alter the central design or architectural theme of a building; or changes not considered to be of minor or major modification character. The Planning Director shall approve or disapprove incidental modifications to ASRA detailed site plans. Such approval shall be based on the Director's determination that the modifications are not in conflict with the intent and character of the approved ASRA detailed site plan and such modifications do not change the permitted uses for the specific ASRA property or site. In the alternative and at the discretion of the Planning Director, the Director may request that incidental modifications be approved by the Planning Commission.

   (E)   Extension of ASRA detailed site plan modification approval period. Upon request by the owner, a one-time only, administrative extension of the two-year approval period for a modification may be granted by staff, Planning Commission and/or City Council (depending on which entity approved the original modification). In the event such an extension is granted, the period of extension shall not exceed one year. The owner shall submit a written request for an extended modification approval period to the Planning Director. The written request shall be submitted no sooner than nine months prior to, but no later than 90 days prior to the expiration date of the approved modification which is the subject of the request for approval period extension. The written request shall include the necessity for the extension; submission of documentation and evidence that the owner has made a reasonable effort to begin the actual start of construction; the reason(s) why construction has not actually started to date and will not start prior to expiration of the specific site plan; the requested length of time to extend the modification approval period (not to exceed one year). For minor or major modification extension requests, within 45 days from the Planning Director's receipt of the owner's written request, the Director shall forward the owner's request and the Director's comments and recommendation to the Planning Commission in the case of a minor modification, to City Council in the case of a major mod. Within 45 days after Planning Commission or City Council receives the request and the Planning Director's comments and recommendation, the Council shall take administrative action upon the request. The City Council shall, by resolution and administrative action, either deny the request for extension, approve the request for extension as submitted, or approve the request for extension for a lesser period of time than requested by the owner. Any extension of approval period for a modification shall become effective and begin to run on the date of Planning Commission or Council approval of such extension. The Planning Director (in the case of incidental mods) Planning Commission and/or City Council shall approve an extended approval period for a modification only when the following conditions are satisfied:

      (1)   The owner has submitted a written request for an extended approval period for the modification;

      (2)   The subject property currently has a PUD zoning classification;

      (3)   The approval period for the modification has not been previously extended by City Council and/or Planning Commission;

      (4)   An extension of approval period for the modification will not cause the city to breach any development agreement made with the owner;

      (5)   The owner, in the judgment of the City Council and/or Planning Commission, has taken reasonable steps and made reasonable efforts to actually start construction;

      (6)   An extended approval period for the modification will not violate the purpose and intent of §§ 158.060 through 158.084 and this Zoning Code;

      (7)   An extended approval period for the modification promotes the health, safety and general welfare of the present and future inhabitants of the city; and

      (8)   The period of extension for the modification does not exceed one year.

(Ord. 09-21, passed 7-27-09; Am. Ord. 23-19, passed 9-11-23)