The planned unit development (PUD) district is designed to permit flexible development of projects which are comprehensively planned as a single development with a functional master development plan which fully considers the entire site as an integrated project and gives broad consideration to impacts and relationships to surrounding areas. The PUD district permits flexibility in locating buildings, mixtures of building types, land uses and open spaces. In permitting such flexibility, the city council should consider goals in the city comprehensive plan and other broad public benefits demonstrated in a master development plan. Upon recommendation by the planning commission or with sufficient cause, the city council may attach conditions to a master development plan proposed for a PUD to safeguard the public health, safety, morals and general welfare of the City of Daphne.

In theory, a PUD zoned development, could modify (increase or decrease) the minimum setbacks, lot area and lot width, increase building height, minimum sidewalk and street standards, minimum parking requirements, while providing a more desirable area for open space and amenities for public and private use. Where such flexibility is permitted as established in this section and in the subdivision regulations, PUD project design and construction shall follow a PUD General Plan which shall be prepared in accordance with the development procedure prescribed in this article. Where PUDs are permitted, regulations adapted to the unified development are intended to accomplish the purposes of zoning and subdivision regulations.

Overall, the city desires PUD zoning to produce development that is superior to development designed under conventional zoning and subdivision regulations. Each PUD should provide public benefits that promote the best interest of the city. In general, a public benefit shall be construed as one which furthers the goals and objectives provided in the city's master plan. The city's master plan includes the comprehensive plan, unified development code, transportation plan, capital improvement plan, or other plans of a similar nature.

(Ord. No. 2015-17, § III, 4-6-15; Ord. No. 2023-43, § 8(A), 1-2-24)

The purpose of this article is to provide standards for the planned unit development (PUD) zoning district, and to provide the procedures for PUD review and amendment.

(Ord. No. 2015-17, § III, 4-6-15)

The city council retains the legislative authority to determine the appropriateness of PUD zoning regardless of whether the proposed development plan meets the standards prescribed in this article.

(Ord. No. 2015-17, § III, 4-6-15)

The intent of this zoning district is to provide an opportunity for the best use of land, protection of valuable natural features, provision of larger areas of recreational open space and more economical public services by encouraging unified development of land through the use of creative and flexible land planning concepts. Furthermore, the intents of this article are as follows:

(a)

To promote the efficient use of land to facilitate a more economic arrangement of uses, buildings, traffic circulation systems and utilities;

(b)

To encourage the combination and coordination of uses, building forms, building relationships and architectural styles in the PUD design;

(c)

To promote the preservation and enhancement of existing natural landscape features, their scenic qualities and amenities to the greatest extent possible and utilize such features in a harmonious fashion;

(d)

To provide flexibility to conventional zoning regulations, upon city council approval of alternate standards. Such standards may include minimum setbacks, minimum yard size, minimum greenbelts, minimum off-street parking regulations and other regulations to achieve the intent described herein; and,

(e)

To provide the developer reasonable assurance of approval before commencing final engineering work while providing city officials with reasonable assurance that the development will retain the character envisioned at the time of approval.

(Ord. No. 2015-17, § III, 4-6-15)

Permitted principal uses in a PUD zone district may include the following:

(a)

Dwelling units of a permanent nature for ownership or rental.

(b)

Public parks and specialized recreation centers. These areas may be counted toward the requirement for useable open space.

(c)

Commercial, office, institutional and industrial.

(d)

Any other use permitted by the city council in accordance with Article XXXV, Table of Permitted Uses may be considered.

(Ord. No. 2015-17, § III, 4-6-15)

Accessory uses permitted in a PUD zone district may include the following:

(a)

Home occupations.

(b)

Facilities for the use of residents of the PUD development for recreation, children's nursery, kindergarten, laundry or similar services, and any similar facility.

(c)

Off-street parking or parking garages.

(d)

Any other use may be considered by the city council where said use is permissible in accordance with Article XXXV, Table of Permitted Uses.

(Ord. No. 2015-17, § III, 4-6-15)

The following general requirements shall apply to all PUDs:

(a)

The PUD shall be consistent in all respects with the purposes and intents of this article.

(b)

The PUD shall consider the goals of the comprehensive plan or portion thereof as may be applicable.

(c)

The PUD shall advance the general welfare of and benefit the city and shall minimize to the greatest extent possible adverse impacts upon the surrounding lands.

(d)

The PUD shall provide, through desirable arrangement and design, benefits which justify deviations from conventional development standards which would otherwise apply.

(e)

The PUD shall encourage connection between uses and adjoining development where applicable and where practical. Connection between mixed use and residential areas is required as a means to provide cohesiveness in the overall development site and transportation network. Cohesiveness shall be provided, for example, through the connectedness of land uses, streets, utilities, pedestrian and bicycle paths, greenways and signage. The design of any planned development should reflect great effort by the developer to plan land uses so as to blend harmoniously, not only within the development site, but with adjacent land uses to ensure compatibility, cohesiveness and connectivity.

(f)

The PUD shall promote a sense of community, demonstrate flexibility and consequently more creative and imaginative design to accommodate planned associations of uses developed as integral land use units.

(g)

The PUD shall establish the permitted uses, conditional uses and site development regulations for the property in accordance with an approved PUD general plan.

(Ord. No. 2015-17, § III, 4-6-15)

In addition to applicable local, state and federal regulations, all PUD development shall be in compliance with the following Articles of the Land Use and Development Ordinance unless excepted herein.

(a)

Article 10, General Provisions

(b)

Article XI, Minimum Standards and Required Improvements for Subdivisions and Commercial Site Developments, except that sections 11-6 and 11-11(b) may be modified by approved PUD documents.

(c)

Article XV, Procedures for Site Plan Review

(d)

Article XVII, Procedures for Subdivision Review

(e)

Article XVIII, Drainage and Storm Water Management Facilities and Erosion/Sediment Control

(f)

Article XXXIV, Schedule of Fees

(g)

Article XIX, Landscape Standards and Tree Protection and Article XXXIII, Sign Provisions, except, upon request of the developer, the city may consider modifications to Article XIX, Landscape Standards and Tree Protection and Article XXXIII, Sign Provisions. Request for said modifications to Article XIX and/or Article XXXIII shall be submitted with the proposed project PUD zoning application.

(Ord. No. 2015-17, § III, 4-6-15)

(a)

If it is determined that the development is a subdivision according to the laws of Alabama, it shall also be reviewed and approved according to the subdivision process of the City of Daphne as provided in Article XVII, Procedures for Subdivision Review.

(b)

No minimum land area shall be required for a PUD development. Lots shall be of sufficient size to be used for the purpose intended, provide adequate parking and loading facilities in addition to space required for conduct of other operation of the business, and otherwise comply with the provisions provided herein.

(c)

All property shall be contiguous and under single ownership by a person, partnership, corporation, or multiple ownership with participation from all owners with adequate frontage serving as the principal means of access to the property and project design accommodates all infrastructure, including but not limited to drainage, streets, open space, etc.

(d)

All open space shall be designated as public, private or common. If not designated, the city shall assume that such open spaces are for common enjoyment of all property owners.

(e)

Minimum open space shall be no less than ten (10) percent of the development with permanent useable open space determined by the nature of the development and of the site. Development of open space shall be in accordance with the provisions of section 11-14(h) Common Open Space and Recreation Provisions.

(f)

The PUD may utilize alternative roadway designs and standards as may be allowed upon recommendation by the city engineer.

(g)

The PUD may permit higher than typical densities of land in areas within the PUD in conjunction with provisions for more expansive functional open space and community services.

(h)

The PUD may promote privacy by permitting the use of gates to control access on private streets; this is subject to approval by the city as part of the PUD and subdivision review process.

(i)

All buildings and/or structures shall observe the minimum separation as allowed by the fire code. Lots or building envelopes with a zero (0) side building line must face a minimum five (5) foot wide maintenance easement upon the neighboring lot or building envelope for maintenance purposes.

(j)

Design shall adequately address and plan for environmental protection, preservation and enhancement relating to water quality, trees, buffer zones and greenbelt areas, critical environmental features, soils, air quality, waterways, topography, and the natural character of the land, as well as areas, structures or sites that are of architectural, historical, archaeological, or cultural significance.

(k)

Landscape design should be superior to that which is typically required by the minimum landscaping provisions of the city.

(l)

The open space between buildings shall be so designed as to provide adequate privacy, safety and aesthetic value.

(m)

All structures shall be accessible to service and emergency vehicles.

(n)

Private and public streets shall comply with the intent of the PUD and shall be designed as approved by the city.

(o)

On-street parking may be permitted along easements or streets adequate in size and internal to the project, but not along peripheral streets or major thoroughfares that serve other uses.

(p)

The outside perimeter building line setback is recommended to be no less than forty (40) feet except that the required setback may be increased or decreased by council where deemed appropriate. An increased setback may be required to mitigate the impact of the proposed development on abutting land(s). Furthermore, a reduced setback may be permitted where the proposed use is considered compatible, consistent and otherwise harmonious with the abutting land.

(Ord. No. 2015-17, § III, 4-6-15; Ord. No. 2022-14, § VII(i), 2-21-22)

Certain projects may call for additional requirements due to its location, size or combination thereof. In these instances, it shall be necessary to mitigate the anticipated impact of the large-scale planned unit development project. In no event shall a PUD three hundred (300) acres or less be deemed a large-scale PUD except where such designation is requested by the developer. It is the intent that projects three hundred acres or greater may be deemed a large-scale PUD; however, said determination shall not only take into consideration the site location and size but also the character, phasing, development time frame (example: 5 years, 10 years, 20 years), and/or number of developers.

For a project deemed large-scale, the following requirements shall be considered in addition to other applicable aforementioned requirements.

(a)

In under-served areas, the large-scale PUD may be required to provide for public facilities and services that are adequate to support the proposed development. This may include fire, police, emergency service and/or school facilities.

(b)

When necessary to mitigate adverse cumulative transportation impacts, the PUD design shall provide for appropriate transportation, appropriate connections to areas adjacent to the large-scale PUD as well as sidewalks, trails, and roadways.

(Ord. No. 2015-17, § III, 4-6-15)

(a)

PUD sketch plan. Whenever a PUD is proposed the PUD developer or authorized agents thereof shall schedule a pre-application meeting with the department of community development director prior to submitting an application. The intent of the meeting is to discuss the scope and intent of the overall concept. No fee shall be charged for this review and no formal application shall be required, however sufficient information including but not limited to a sketch plan that illustrates existing site conditions and conditions of its surroundings and the proposed PUD layout and potential development.

Fees shall be as required for each respective application (i.e., rezoning, site plan, preliminary plat, final plat, etc.) in accordance with Article XXXIV, Fees.

(b)

Zoning application. Any application for PUD zoning shall be considered either rezoning for land inside the corporate city limits or pre-zoning for land outside of the corporate limits. Zoning for a PUD district shall follow procedures as described in Article XXII, Zoning Amendment. Established application procedures and public notice shall be adhered thereto. Said zoning application shall be supplemented by a PUD general plan and associated PUD documents. Public hearings for zoning may be held at the same time as associated preliminary plat public hearings when appropriate. Any subdivision review shall be in accordance with Article XVII, Procedures for Subdivision Review.

(1)

Zoning expiration and reversion. Not more than three (3) years after the effective date of the ordinance by which the PUD zoning classification was enacted, the developer must submit to the planning commission a detailed development plan (site plan or preliminary plat) for the entire site or a portion thereof. Failure to submit said plan(s) to the planning commission three (3) years after the effective date of the ordinance shall automatically cause the expiration of the PUD general plan.

Thereafter, the community development director or designee may request the City Council initiate rezoning of the property in accordance with section 22-2, Reversionary Clause. Council action shall make void the PUD zoning and all related plans shall be automatically nullified. Said property shall revert to the prior zoning district or most similar zoning in effect at the time of reversion.

(2)

PUD documents. The developer shall submit a document in a form acceptable to the city on behalf of the owner, their successors and assigns that will specify the following: proposed standards of each land use in the PUD including but not limited to minimum setbacks, lot area and width; maximum percentage of building coverage; minimum parking regulations; minimum buffer requirements; maximum building height; maximum density; maximum floor to area ratio; and other site development regulations that may be required by the city in determining appropriateness of the proposed PUD.

(3)

Violation of PUD general plan. Any deviation from the PUD general plan which is not approved in accordance with this article shall constitute a violation of the ordinance establishing that planned unit development district and will cause the developer to be subject to procedures and penalties set forth in section 45-7, Penalties and Remedies.

(4)

Phasing and time limits. For any PUD to be constructed in multiple phases, the construction of the first phase must begin no more than three (3) years from the date of the approval of the PUD zoning and PUD general plan by the city council. Failure to begin shall result in zoning expiration and reversion as described herein above.

(c)

PUD detailed development plan(s). After receiving PUD zoning designation, the developer may submit a master plan and detailed development plans for construction to the planning commission.

Master plan review for a multi-phased PUD should occur prior to the approval of detailed development plans. The master plan shall be of sufficient detail to show proposed street and site layout, maximum density (gross and net), stormwater management ponds, and common areas.

The purpose of the master plan review is to ensure that each phase of the PUD is consistent with the approved general plan, intents, general requirements and general provisions of this Article. Each detailed development plan submittal shall be in accordance with the approved PUD general plan, approved master plan and processed in accordance with Article 15, Site Plan Review or Article XVII, Subdivision Review as applicable.

Where the developer seeks to change or modify an approved master plan, a modified PUD master plan shall be submitted to the planning commission for review. Upon approval of said modified PUD master plan, the developer shall then submit detailed development plans for approval.

Once detailed development plans have been approved by the planning commission, minor changes may be approved administratively; however, major changes shall be considered for approval by the planning commission.

(1)

Amendments to plan(s). Modifications are permissible where in conformity with the PUD general plan. Lack of conformity shall not be permitted. Non-conforming modifications shall not be acted upon until the city council has granted approval of said changes in the zoning amendment process.

(2)

Final detailed plan(s). Upon receiving final approval of PUD detailed development plan(s) from the planning commission said plan(s) shall be recorded by the developer in the Office of the Judge of Probate in Baldwin County.

All other sections, articles and/or content of the City of Daphne Land Use and Development Ordinance shall remain the same and shall be unchanged by this ordinance.

(Ord. No. 2015-17, § III, 4-6-15)