The planned unit development (PUD) regulations offer an alternative method for developing land. This alternative allows flexibility in applying certain zoning standards. Such flexibility requires a review process to safeguard health, safety and welfare. PUDs, in exchange for flexibility, may be required to provide amenities in addition to those required under traditional zoning. Required amenities are designed to reduce the impacts, which may result from the application of flexible development standards.

The purpose for PUD regulation includes:

   (A)   Promoting of more efficient land use.

   (B)   Accommodating mixed land use developments, which have been designed to overcome traditional land use conflicts.

   (C)   Encouraging environmentally sensitive design.

   (D)   Allowing for more innovative design than might be allowed through traditional zoning.

   (E)   Promoting the efficient arrangement of buildings, circulation systems, and public services and utilities. (Ord. 867, 11-5-2001)

CLUSTER DEVELOPMENT: A form of planned unit development that allows for flexibility in building setbacks.

COMMON LOT LINE DEVELOPMENT: A form of planned unit development that permits adjoining structures along the lot line in such a manner that each structure is located on its own lot.

ZERO LOT LINE DEVELOPMENT: A form of planned unit development that permits the location of each building on a lot to be situated in such a manner that one or more buildings is located without any setback from the lot line on a single side yard. (Ord. 867, 11-5-2001)

No project may be developed under the PUD regulation unless it meets the following requirements:

   (A)   The minimum project size shall be twenty (20) acres. (Ord. 867, 11-5-2001)

   (A)   Permitted: Permitted uses in a PUD shall be as follows:

 

 

   All uses shall be subject to the same zoning conditions and restrictions of the most restricted district which permits the use being developed, unless otherwise specified in this title.

   Duplexes and multiple-family dwellings shall not exceed thirty percent (30%) of the total dwellings in a residential project.

   Commercial uses proposed, as part of residential projects shall not exceed ten percent (10%) of total land area.

   (B)   Area Regulations: The fee simple transfer of ownership of a lot in an approved PUD with a zero lot line, cluster development or common lot line is permitted, provided the development meets the PUD and subdivision regulations.

      1.   Cluster developments shall comply with:

         (a)   Periphery Of Cluster Developments: Yards along the periphery of a cluster development shall be provided as required by the regulation of the district in which said development is located.

         (b)   Front Yard: There shall be a front yard of not less than thirty feet (30') from the road right of way.

         (c)   Side Yard: The total side yard fifty feet (50'); provided, that no side yard is less than twenty feet (20').

         (d)   Rear Yard: There shall be a rear yard of not less than twenty feet (20').

         (e)   Reduction Of Yard Requirements: The planning commission may reduce any of the above yard requirements by not more than fifty percent (50%) on not more than fifty percent (50%) of the total dwelling units.

         (f)   Total Lots: Total lots in the PUD cannot exceed the PUD area divided by the minimum lot size of the underlying zoning district. In no case shall a lot be less than six thousand five hundred (6,500) square feet.

      2.   Zero lot line developments shall comply with:

         (a)   Yards along the periphery of a PUD shall be provided as required by the regulation of the district in which said development is located.

         (b)   The minimum residential lot area in zero lot line developments shall be not less than six thousand five hundred (6,500) square feet.

         (c)   The minimum lot width shall be sixty feet (60').

         (d)   There shall be no minimum side yard on one side (zero side yard setback) and a minimum ten foot (10') side yard on the opposite side for zero lot line. The minimum front yard setback shall be not less than thirty feet (30') and the minimum rear yard shall be no less than twenty feet (20') for residential use. The minimum front yard setback shall be not less than thirty feet (30') and the minimum rear yard shall be no less than thirty feet (30') for all other uses.

         (e)   A four foot (4') easement for building wall maintenance/drainage shall be provided on the lot adjacent to the zero lot line property line, dedicated the entire length of the lot. With the exception of fences and utility appurtenances such easement shall remain clear of structures. This easement shall be incorporated into the deed transferring title to the property either as a covenant in the owner's certificate or in each deed transferring property in the PUD.

         (f)   Total lots in the PUD cannot exceed the PUD area divided by the minimum lot size of the underlying zoning district. In no case shall a lot be less than six thousand five hundred (6,500) square feet.

      3.   Common lot line:

         (a)   Total Lots In PUD: Total lots in the PUD cannot exceed the PUD area divided by the minimum lot size of the underlying zoning district. In no case shall a lot be less than six thousand five hundred (6,500) square feet.

            (1)   Residential: Where a common lot line structure is constructed for sale, with each unit on an individual lot, for individual ownership, the dwelling is subject to a minimum lot area of six thousand five hundred (6,500) square feet, minimum lot width of fifty feet (50') and the setback requirements of the underlying zoning district except that no side yard setback is required for the interior portion of the lot.

            (2)   Other Districts: Where a common lot line structure is constructed for sale, with each unit on an individual lot, for individual ownership the structure is subject to the setback requirements of the underlying zoning district except that no side yard setback is required for the interior portion of the lot. (Ord. 867, 11-5-2001)

Prior to the establishment of a PUD, a preliminary site plan shall be submitted and approved, approved with conditions or disapproved by the planning commission in accordance with the ordinance requirements of this chapter.

   (A)   Preliminary Site Plan Approval: An applicant wishing to develop property under the city's PUD provisions shall first submit for approval to the city a preliminary site plan. This plan shall contain at a minimum the following information:

      1.   Date, north arrow and scale of not less than one inch equals one hundred feet (1" = 100').

      2.   Legal description and common of the subject property.

      3.   The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties and buildings within one hundred feet (100').

      4.   The names, addresses, and telephone numbers of the architect, planner, designer, engineer or person responsible for the preparation of the site plan and the names, addresses and telephone numbers of the developers.

      5.   A general description of the project and how the proposal relates to the purpose statements at the beginning of this chapter.

      6.   The proposed uses of the property including proposed lot sizes and uses, total projected commercial uses sufficient to develop preliminary parking requirements, total numbers of single-family, duplex and multi-family units, and overall site layout in sufficient detail to allow for a review of the overall development concept as well as an estimate of the total development cost.

      7.   Present and future zoning (if applicable).

      8.   Building envelopes for all parcels.

      9.   Whether or not the project will be phased and a description of the phases. All phases of the development must be capable of meeting all the requirements of this title on their own in the event that future phases are not completed.

      10.   The location of all existing and proposed streets, drives and parking areas, along with a designation of whether those areas are to be public or private.

      11.   The location and nature of any streams, drains, swamps, marshes, and/or unstable soils.

      12.   An indication of basic drainage patterns, existing and proposed.

   (B)   Hearings, Publication And Notice: Prior to approval of the preliminary site plan, the planning commission shall hold a public hearing, one notice of such shall be published not less than fifteen (15) nor more than thirty (30) days prior to the public hearing date in a newspaper of general circulation in the city.

      The applicant not less than fifteen (15) nor more than thirty (30) days prior to the public hearing shall send notice by first class mail to the holders of the property for which the project is proposed, to the owners of record of all real property and to the occupants of all structures located within two hundred fifty feet (250'), excluding public rights of way, of the boundaries of the property in question. The notice shall include:

      1.   Describe the nature of the PUD request and intent to file request.

      2.   Adequately describe the property in question.

      3.   Indicate the legal owner of the property.

      4.   State the date, time and place for the public hearing.

      5.   Indicate when and where written comments concerning the proposed project will be received.

      6.   Indicate if property is also under consideration for rezoning.

      Following the public hearing, the planning commission shall review the particular circumstances and facts applicable to the proposed project in terms of the following standards and requirements and shall make a determination as to whether the proposed project meets the following standards:

         (a)   The proposed development is in keeping with the overall goals of the city's master land use plan.

         (b)   The proposed development is designed to be in harmony with the existing and intended character of the general vicinity.

         (c)   The proposed development will not be detrimental to the existing or future neighboring uses.

         (d)   The proposed development meets the intent of the PUD ordinance.

         (e)   The proposed development will not be detrimental to the economic welfare of the community.

   (C)   Final Site Plan Approval: Following approval of the preliminary site plan, the applicant shall complete and submit a final site plan to the planning commission for final site plan approval. This plan shall contain at a minimum the following information:

      1.   All information required under preliminary site plan approval.

      2.   Complete engineering drawings and calculations for all roads, bridges, signs, sanitary sewer, water and storm water infrastructure.

      3.   All roads, whether public or private, shall be constructed according to applicable city standards for public roads as found in the city's subdivision ordinance.

      4.   Storm water and drainage shall be designed to city standards as found in the city's subdivision ordinance.

      5.   Floor plans and elevation drawings for all nonresidential buildings.

      6.   Landscape plan.

      7.   Golf course management and/or landscape management plans.

      8.   The location and type of any hazardous materials or landscape maintenance chemicals to be stored on the site.

      9.   Master deeds, master condominium documents and special subdivision regulations or covenants.

      10.   Detailed plans addressing any special concerns or requests of the city raised during the preliminary site plan approval phase.

      The planning commission shall review the application for final site plan approval, together with any reports from city consultants, and approve or deny the application based upon its meeting the initial preliminary site plan concept, and its meeting all the requirements of final site plan approval.

   (D)   Performance Guarantees: To ensure compliance with the zoning ordinance and any conditions imposed thereunder, the planning commission may require that a cash, certified check, irrevocable letter of credit, or surety bond acceptable to the city covering the estimated cost of improvements associated with a project, be deposited with the city to ensure faithful completion of the improvements and also to be subject to the following:

      1.   The performance guarantee shall be deposited prior to the issuance of a temporary certificate of occupancy. The city shall establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses. Any partial release of funds shall be less ten percent (10%) of the amount due the applicant which shall be maintained by the city until all work has been completed and subsequently inspected and approved by the building official or other designated city representative.

      2.   This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable letter of credit, or surety bond has been deposited.

      3.   As used in this section, "improvements" mean those features and actions associated with projects which are considered necessary by the body or official granting zoning approval, to protect natural resources, or the health, safety, and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping and surface drainage. Improvements do not include the entire project, which is the subject of zoning approval. (Ord. 867, 11-5-2001)