(A)   Purpose: The purpose of this chapter is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed planned unit developments, and to provide for the possible relaxation of certain development standards pertaining to other standard zoning districts.

   (B)   Intent: This district is intended to provide more incentives for redevelopment in areas of the community which are experiencing a lack of reinvestment, or which require flexible zoning treatment because of factors which are specific to the site. This district is designed to promote both the aesthetic and economic objectives of the city by controlling the site design and the land use, appearance, density, or intensity of development within the district in a manner which is consistent with sound land use, urban design, and economic revitalization principles. They are also intended to provide for flexible development standards to accommodate unique sites, mixtures of land uses, or development configurations. In exchange for such flexibility, the planned unit development (PUD) shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments. The application of these standards will ensure long term progress and broad participation toward these principles.

PUDs are required to meet certain procedural requirements applicable only to PUDs, in addition to the general requirements of this title. A public hearing process is required to review a request for a PUD. This process shall essentially combine the process for a zoning map amendment with that required for a conditional use, with several additional requirements. (Ord. 1832, 4-19-2005)

   (A)   Permitted Location: A PUD may be established for any parcel or tract of land that has a minimum size of one acre (43,560 square feet). PUDs shall be permitted with the approval of a PUD zoning district, specific to the approved PUD, within any one or more standard zoning districts identified in section 10-2-1 of this title.

   (B)   Flexible Development Standards: The following exemptions to the development standards of the underlying zoning district may be provided with the approval of a PUD:

      1.   Land Use Requirements: All land uses listed in the districts established in section 10-2-1 of this title may be permitted within a planned unit development.

      2.   Density And Intensity Requirements: All requirements listed in chapters 4 through 12 of this title for residential density and nonresidential intensity may be waived within a planned unit development.

      3.   Bulk Requirements: All requirements listed in chapters 4 through 12 of this title may be waived within a planned unit development.

      4.   Landscaping Requirements: All requirements listed in subsection 10-15.2-10(B)3 of this title may be waived within a planned unit development.

      5.   Parking And Loading Requirements: All requirements listed in chapter 14 of this title may be waived within a planned unit development. (Ord. 1832, 4-19-2005)

   (C)   Requirements To Depict All Aspects Of Development: Only development which is explicitly depicted on the required general development plan (discussed in greater detail later in this chapter) approved by the city council as part of the approved planned unit development, shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading) is otherwise listed as permitted in chapters 4 through 12 of this title. Requested exemptions from these standards shall be made explicit by the applicant in the application, and shall be recommended by the joint planning and zoning commission and approved explicitly by the city council. If not so requested and approved, such exemptions shall not be permitted. (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

The burden of providing evidence and persuasion that any such exceptions are necessary and desirable shall in every case rest with the applicant. It shall not be sufficient to base justification for approval upon an already existing planned unit development. Each planned unit development shall be presented and judged on its own merits.

   (D)   Initiation Of Request For Approval Of A Planned Unit Development: Proceedings for approval of a planned unit development shall be initiated by:

      1.   An application of the owner(s) of the subject property; (Ord. 1832, 4-19-2005)

      2.   A recommendation of the joint planning and zoning commission; or (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

      3.   By action of the city council. (Ord. 1832, 4-19-2005)

   (A)   Application Requirements: All applications for proposed planned unit developments, regardless of the party of their initiation per subsection 10-13-2(D) of this chapter, shall be approved as complete by the zoning administrator a minimum of two (2) weeks prior to the initiation of this procedure. The zoning administrator shall forward copies of said complete application to the office of the city clerk. Said application shall apply to each of the process steps in subsections (B) through (E) of this section.

   (B)   Staff Review Of Concept Plan: The applicant shall provide the economic development director and the zoning administrator with a draft PUD concept plan submittal for a review. The submittal shall contain all of the following items:

      1.   Legal description of the subject property.

      2.   A location map of the subject property and its vicinity at eleven inches by seventeen inches (11" x 17"), as depicted on a copy of the city of Canton land use plan.

      3.   A general written description of the proposed planned unit development including:

         (a)   General project themes and images;

         (b)   The general mix of dwelling unit types and/or land uses;

         (c)   Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;

         (d)   The general treatment of natural features;

         (e)   The general relationship to nearby properties and public streets;

         (f)   The general relationship of the project to the comprehensive plan;

         (g)   An initial draft list of zoning standards which will not be met by the proposed PUD and the location(s) in which they apply, and a complete list of zoning standards which will be more than met by the proposed PUD and the location(s) in which they apply. The purpose of this listing shall be to provide the city staff with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility.

      4.   A written description of potentially requested exemption from the requirements of the underlying zoning district, in the following order:

         (a)   Land use exemptions;

         (b)   Density and intensity exemptions;

         (c)   Bulk exemptions;

         (d)   Landscaping exceptions;

         (e)   Parking and loading requirements exceptions.

      5.   A conceptual plan drawing (at 11 inches by 17 inches) of general land use layout and general location of major public streets and/or private drives. Applicant may submit copies of a larger version of the plan in addition to the eleven inch by seventeen inch (11" x 17") reduction. (Ord. 1832, 4-19-2005)

      6.   At the staff level meeting, the applicant shall engage in an informal discussion regarding the PUD concept plan submittal. Appropriate topics for discussion may include any of the information provided in the PUD concept plan submittal or other items as determined by the joint planning and zoning commission. (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

      7.   Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon applicant or the city, but should be considered as an informal, nonbinding basis for proceeding to the next step. The preferred procedure is for one or more iterations of city staff review of the concept plan to occur prior to introduction of the formal rezoning petition which accompanies general development plan (GDP) application. (Ord. 1832, 4-19-2005)

   (C)   PUD Process Step 1; General Development Plan (GDP): The applicant shall provide the zoning administrator with a draft GDP plan submittal for a determination of completeness prior to placing the proposal on the joint planning and zoning commission agenda for review.

      1.   The submittal shall contain all of the following items, with the number of copies to be determined by the zoning administrator, prior to its acceptance by the zoning administrator and placement of the item on a joint planning and zoning commission agenda for review: (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

         (a)   Legal description of the subject property.

         (b)   A location map of the subject property and its vicinity at eleven inches by seventeen inches (11" x 17"), as depicted on a copy of the city of Canton land use plan.

         (c)   A map of the subject property showing all lands for which the planned unit development is proposed, and all other lands within three hundred feet (300') of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the register of deeds of Fulton County (as provided by the city of Canton). Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be at a scale which is not less than one inch equals eight hundred feet (1" = 800'). All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided.

         (d)   A general written description of proposed planned unit development including:

            (1)   General project themes and images;

            (2)   The general mix of dwelling unit types and/or land uses;

            (3)   Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;

            (4)   The general treatment of natural features;

            (5)   The general relationship to nearby properties and public streets;

            (6)   The general relationship of the project to the comprehensive plan;

            (7)   Statement of rationale outlining the need for planned unit development zoning. This shall identify barriers that the applicant perceives in the form of requirements of standard zoning districts and opportunities for community betterment the applicant suggests are available through the proposed PUD zoning; (Ord. 1832, 4-19-2005)

            (8)   A complete list of zoning standards which will not be met by the proposed PUD and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PUD and the location(s) in which they apply shall be identified to provide the joint planning and zoning commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility; (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

            (9)   A written description of potentially requested exemption from the requirements of the underlying zoning district, in the following order:

               A.   Land use exemptions;

               B.   Density and intensity exemptions;

               C.   Bulk exemptions;

               D.   Landscaping exceptions;

               E.   Parking and loading requirements exceptions.

         (e)   A general development plan drawing at a minimum scale of one inch equals one hundred feet (1" = 100') (11 inch by 17 inch reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:

            (1)   A conceptual plan drawing (at 11 inches by 17 inches) of the general land use layout and the general location of major public streets and/or private drives. The applicant may submit copies of a larger version of the plan in addition to the eleven inch by seventeen inch (11" x 17") reduction;

            (2)   Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use; (Ord. 1832, 4-19-2005)

            (3)   Statistical data on minimum lot sizes in the development, the approximate areas of large development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the joint planning and zoning commission or city council; and (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

            (4)   Notations relating the written information provided in subsections (C)1(d)(1) through (C)1(d)(6) of this section to specific areas on the GDP drawing.

         (f)   A general conceptual landscaping plan for subject property, noting approximate locations of foundation, street, yard and paving, landscaping, and the compliance of development with all landscaping requirements of chapter 15.2 of this title (except as noted in the listing of exceptions) and the use of extra landscaping and buffer strips.

         (g)   A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from city standards or common practices.

         (h)   Written justification for the proposed planned unit development. (The applicant is advised to use the requirements of the conditional use procedure to develop said written justification.)

      2.   The process for review and approval of the GDP shall be identical to that for a zoning amendment as outlined in section 10-17-8, "Amendments", of this title. The approval of a GDP by the city council shall establish a PUD/GDP overlay district that is depicted as such on the official zoning map. The previous zoning, however, shall control development within the area of the GDP until all or portions of the GDP are approved as a specific implementation plan (SIP) as outlined in subsection (D) of this section.

      3.   Where a land division or lot consolidation is proposed, a preliminary plat, final plat or CSM of the entire development area included in the GDP shall meet all requirements of title 11 of this code, the city's land division and subdivision regulations.

      4.   For multilot planned unit development districts, a detailed neighborhood development plan showing the arrangement, design, and uses of different lots, buildings, driveways, parking areas, parks and open spaces, and paths.

      5.   All portions of an approved GDP not fully developed within five (5) years of final city council approval shall expire, unless extended by resolution of the city council following a public hearing. (Ord. 1832, 4-19-2005)

   (D)   PUD Process Step 2; Specific Implementation Plan (SIP): After the effective date of the rezoning to PUD/GDP, the applicant may file an application for a proposed specific implementation plan with the joint planning and zoning commission.

      1.   The SIP submittal shall contain all of the following items, prior to its acceptance by the zoning administrator and placement of the item on a joint planning and zoning commission agenda for review. The number of copies to be submitted shall be determined by the zoning administrator. (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

         (a)   A location map of the subject property and its vicinity at eleven inches by seventeen inches (11" x 17"), as depicted on a copy of the city of Canton land use plan map.

         (b)   Compliance with the submittal requirements as outlined in section 10-15.2-7, "BSO Plan Submittal Requirements", section 10-15.2-10, "Site Design Standards", and section 10-15.2-11, "Architectural Guidelines", of this title.

         (c)   Statement of rationale outlining the need for planned unit development zoning. This shall identify barriers that the applicant perceives in the form of requirements of standard zoning districts and opportunities for community betterment the applicant suggests are available through the proposed PUD zoning. (Ord. 1832, 4-19-2005)

         (d)   A complete list of zoning standards which will not be met by the proposed SIP and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed SIP and the location(s) in which they apply shall be identified to provide the joint planning and zoning commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility. (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

         (e)   Location of recreational/open space areas and facilities, specifically describing those that are to be reserved or dedicated for public acquisition and use.

         (f)   A written description which demonstrates the full consistency of the proposed SIP with the approved GDP. Any and all variations between the requirements of the applicable PUD/GDP zoning district and the proposed SIP development shall be identified. (Ord. 1832, 4-19-2005)

         (g)   The joint planning and zoning commission or city council may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the SIP, as such may be relevant to review. (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

      2.   The area included in a specific implementation plan may be only a portion of the area included in a previously approved general development plan. The proposed SIP shall comply with the requirements outlined in section 10-15.2-7, "BSO Plan Submittal Requirements", section 10-15.2-10, "Site Design Standards", and section 10-15.2-11, "Architectural Guidelines", of this title.

      3.   Where a land division or lot consolidation is proposed, a preliminary plat, final plat or CSM of the entire development area included in the SIP shall meet all requirements of title 11 of this code, the city's land division and subdivision regulations. The approval of an SIP shall establish a PUD/SIP district that is depicted as such on the official zoning map.

      4.   For multilot planned unit development districts, a detailed neighborhood development plan showing the arrangement, design, and uses of different lots, buildings, driveways, parking areas, parks and open spaces, and paths.

      5.   All portions of an approved PUD/SIP not fully developed within two (2) years of final city council approval shall expire, unless extended by resolution of the city council following a public hearing.

      6.   The city may require the applicant to provide surety and/or contractual agreement, with the approval of the city attorney, to ensure the development of public and private improvements. (Ord. 1832, 4-19-2005)

   (E)   Consolidated PUD Approval Process: The applicant may file an application for simultaneous approval of the GDP and SIP with the joint planning and zoning commission and city council. The consolidated process shall include all the steps outlined in subsections (A) through (D) of this section, and decisions shall be made in accordance with section 10-13-4, "Basis For Approval", of this chapter. (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

The joint planning and zoning commission in making their recommendations and the city council in making its determination shall give consideration and satisfy themselves as to the following: (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

   (A)   That the proposed development is consistent with the spirit and intent of these regulations and produces significant benefits in terms of improved environmental design sufficient to justify the application of the "planned unit development" concept.

   (B)   That the site development plan reflects proper consideration of the natural features of the site, with particular concern for preservation of open space and careful grading to ensure proper drainage and conservation of natural features.

   (C)   That the general character of the development produces an attractive environment appropriate to the intensity of uses proposed and which is compatible with existing developments in the surrounding area, and with general community development plans and policies.

   (D)   That the development can be provided with appropriate municipal services or their equivalent in private services.

   (E)   That proposed design standards provide adequately for practical operation and maintenance of circulation, parking, emergency services, delivery services, and snowplowing.

   (F)   That the proponents of the proposed development have demonstrated that they intend to start construction within a reasonable period following the approval of the project and requested overlay of the PUD district, that the project appears economically sound, that a surety/proof of financing is provided to the city, and that the development will be carried out according to a reasonable construction schedule satisfactory to the city.

   (G)   That the proposed development is consistent in all respects to the spirit and intent of this chapter, is in conformity with the general plans for community development, would not be contrary to the general welfare and economic prosperity of the city or of the immediate neighborhood, that the specific development plans have been prepared with competent professional advice and guidance, and that the benefits and improved design of the resultant development justifies the variation from the normal requirements of this chapter through the application of the PUD district.

   (H)   In the case of proposed residential developments:

      1.   That such development will create an attractive residential environment of sustained desirability and economic stability, compatible with the character established for the area by the community comprehensive plan, and where the economic impact of the development in terms of income levels, property values, and service demands is at least as beneficial to the community as that which could be anticipated under the base zoning.

      2.   The population composition of the development will not alter adversely the impact upon school or other municipal service requirements as anticipated under the existing basic zoning and comprehensive plan.

      3.   That the total average residential density of the project will be compatible with the comprehensive plan.

      4.   That the aggregate open space of the development will be no less than would have resulted from the application of open space requirements of the previous district.

      5.   That adequate guarantee is provided for permanent retention as "open space area" of the residual open land area resulting from the application of these regulations, either by private reservation for the use of the residents within the development or by dedication to the public.

Ownership, maintenance, and tax liability of private open space reservation shall be established in a manner acceptable to the municipality and made a part of the conditions of the plan approval.

   (I)   In the case of proposed PUD planned unit development overlays for commercial developments:

      1.   That the economic practicality of the proposed development can be justified on the basis of purchasing potential, competitive relationship and demonstrated tenant interest.

      2.   That the proposed development will be adequately served by off street parking and truck service facilities.

      3.   That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an effect upon the general traffic pattern of the area incompatible with that anticipated under the comprehensive plan.

      4.   That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not creating an effect upon the property values of the surrounding neighborhood incompatible with that anticipated under the comprehensive plan.

   (J)   In the case of mixed use developments:

      1.   That the proposed mixture of uses produces a unified composite which is compatible within itself and which as a total developmental entity is compatible with the surrounding neighborhood and consistent with the general objectives of the comprehensive plan.

      2.   That the various types of uses conform to the general requirements as herein set forth, applicable to projects of such use character. (Ord. 1832, 4-19-2005)

   (A)   The city council, after due consideration and recommendation by the joint planning and zoning commission, may deny the petition, approve the petition as submitted or approve the petition subject to additional conditions. A planned unit development may only be approved by an ordinance adopted by the city council. Any ordinance approving a planned unit development shall specify the special conditions and restrictions imposed on the planned unit development and shall include the development plan and plat of subdivision, provided that a plat or redivision or consolidation may be approved by the city council as part of the planned unit development and must be recorded before permits may be issued. Said ordinance shall further contain a legal description of the property subject to such planned unit development and said ordinance shall be recorded in the office of the register of deeds of Fulton County before any permits may be obtained.

   (B)   The approval of a petition and consequent amending of the zoning map to include the PUD district shall be based on and include as conditions to comply with the building, site and operational (BSO) plans for the development as well as all other commitments offered or required with regard to project value, character or other factor pertinent to assuring that the project will be developed basically as presented in the official submittal plans as approved by the city council and shall be mapped and recorded as provided for special uses under section 10-17-8, "Amendments", of this title. Such plans, however, need not necessarily be completely detailed at the time of zoning provided they are of sufficient detail to satisfy the joint planning and zoning commission and city council as to the general character, scope, and appearance of the proposed development as outlined in the general development plan.

   (C)   Any subsequent change or addition to the plans or use shall first be submitted for approval to the city council and if in the opinion of the city council upon recommendation of the joint planning and zoning commission such change or addition constitutes a substantial alteration of the original plan, a public hearing before the city council shall be required and notice thereof given pursuant to section 10-17-8 of this title. (Ord. 1832, 4-19-2005; amd. Ord. 3078, 9-16-2014)

   (D)   No permits, as outlined in section 10-17-9 of this title, shall be approved or issued for any use or construction activity in a planned unit development without final approval of an SIP by ordinance of the city council. (Ord. 1832, 4-19-2005)