The purpose of this Article is to provide for greater variety and choice of design for urban living, to gain efficiency, to coordinate design development efforts, to conserve and make available open space, to utilize new technology in urban land development and to gain flexibility over conventional land control regulations.

(Prior code 23-481; Ord. 10-14 §10, 2014)

The PUD is a type of customized zoning that may be utilized in any underlying zone district to achieve those purposes set forth in Section 16-28-10 above. The minimum area required for a PUD shall be two (2) acres.

(Ord. 12-08 §1, 2008; Ord. 10-14 §10, 2014)

All requirements applicable to the underlying zone district or districts in which the property is located as set forth in this Chapter and Chapter 17 of this Code, and in any adopted City development design standards and/or guidelines, including but not limited to lot area, lot coverage, lot width, height, setbacks, parking, signage and buffers, shall apply. However, any such requirements other than the permitted and conditional uses in the district, including the location of residential units in the residential-commercial zone districts, may be modified through the approval process of the planned unit development if it is determined that the spirit and intent of the development plan criteria are met and that the modification or waiver is warranted by the design and amenities incorporated in the development plan. Such approval pursuant to this Article shall constitute approval of any exceptions or variances that would otherwise be approved pursuant to Section 16-24-60 of this Chapter.

(Prior code 23-483; Ord. 12-08 §1, 2008; Ord. 10-14 §10, 2014; Ord. 2018-14 §5, 2018)

Prior to accepting an application for approval of a PUD, the City Manager may conduct a preliminary review of the submittal, identify any deficiencies and, if determined necessary or requested by the applicant, hold a preapplication conference with the applicant to discuss the PUD procedures and guidelines with the applicant.

(Prior code 23-484; Ord. 12-08 §1, 2008; Ord. 10-14 §10, 2014)

An application for approval of a PUD shall be filed with the City Clerk by the owner or agent of the owner of the entire land area to be included within the project, which application shall be signed by all owners or their representatives. The application shall contain the following items:

(1)

The applicant's name, address and interest in the application.

(2)

The names and addresses of all owners of the property and the holders of deeds of trust, identifying which owners and holders of trust are represented by the applicant.

(3)

A legal description and map of the property drawn to scale, which shall include:

a.

The land area within the PUD and the use and present zone classification of the designated property;

b.

The zone classification and use of all properties within two hundred (200) feet of the subject property;

c.

All public and private rights-of-way and easements bounding and intersecting the subject property which are proposed to be continued, created, relocated and/or abandoned;

d.

The location of all existing and proposed structures and the specific use or uses of each; and

e.

Topographical information, including contour at two-foot intervals.

(4)

A site plan, drawn at a scale of not less than one (1) inch per fifty (50) feet and on paper at least twenty-four (24) inches by thirty-six (36) inches, and a written description of the proposed development. The development plan and/or the description shall show or stipulate the general location, arrangement, extent and character for each of the following where applicable, unless determined by the City Manager to be unnecessary:

a.

Adjacent streets and alleys.

b.

Land uses by type, including the gross acreage or square footage of each proposed use.

c.

Structures or building envelopes by type of use, maximum height of structures, maximum gross floor area for each land use and land coverage of buildings and impervious areas.

d.

Residential densities by housing type and maximum number of dwelling units, to be calculated as the ratio of the number of living units per net acre of development.

e.

Any interior streets or drives.

f.

Parking, loading and outdoor storage areas and access thereto, including any areas for storage of boats, campers, trailers and recreational vehicles.

g.

Public and private open and recreation space, indicating proposed ownership and responsibilities for maintenance thereof.

h.

Landscape plan for the site and City right-of-way, including typical materials.

i.

For any application other than for exclusively residential uses, a traffic study.

j.

Buffer areas and fencing, including purpose, type, timing of construction and height.

k.

Pedestrian circulation.

l.

Existing and proposed utilities and any extension necessary to serve the development, including easements where necessary for the construction, maintenance and operation of each utility.

m.

Dimensions of separations between buildings, streets and other features.

n.

Land dedications and public improvements.

o.

Drainage plan, addressing areas subject to flooding, retention areas and surface drainage.

p.

Location, size and lighting of signs.

q.

Treatment of sound, vibration, glare, radiation, fumes and heat emission which will extend beyond the PUD.

r.

Elevation views of the structure and landscaping, including a bulk plane line in conformance with Section 16-3-130 of this Chapter.

s.

Fire protection facilities and access means for firefighting equipment.

t.

Other elements, such as architectural concepts, building elevations, facade treatments, exterior building materials and color boards as necessary to establish how the proposed PUD uses and structures relate to the neighborhood property.

u.

Such other information as determined necessary by the City Manager for proper review and evaluation of the application.

(5)

A written statement generally describing the proposed PUD and the market which it is intended to serve, its relationship to the Comprehensive Plan and how the proposed PUD is to relate to the use of the neighboring property. Where the applicant's objectives are not in substantial conformance with the Comprehensive Plan, the statement shall include the changed or changing conditions that justify approval of the proposed PUD.

(6)

A proposed development or phasing schedule of improvements setting forth timing for construction of the development.

(7)

One (1) set of stamped envelopes addressed to the owners of all properties within one hundred (100) feet of the subject property.

(8)

Additional copies of the application may be requested by the City Manager.

(Prior code 23-485; Ord. 10-07 §6, 2007; Ord. 12-08 §1, 2008; Ord. 10-14 §10, 2014)

In its review of an application for PUD approval, each reviewing body shall consider the following:

(1)

Whether the project is compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan.

(2)

Whether all applicable provisions of this Code have been met.

(3)

Whether the project is compatible with any applicable Design Standards.

(4)

Whether the following are arranged so that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, adequate fire protection can be provided and adverse impacts on adjacent property, including noise, glare, odors, vibration and fumes, are mitigated or eliminated:

a.

Location of buildings, structures and improvements;

b.

Vehicular ingress and egress;

c.

Internal vehicular circulation;

d.

Setback lines;

e.

Height of buildings:

f.

Service facilities;

g.

Walls;

h.

Open space and landscaping; and

i.

Sidewalks.

(5)

Whether proposed signs will interfere with traffic or limit visibility.

(6)

Whether water and sewer systems are adequate to serve the project.

(7)

Whether stormwater runoff problems are compounded because of the project.

(8)

Whether curb cuts onto arterial and collector streets will be kept to a minimum and placed in safe locations.

(Prior code 23-485.5; Ord. 12-08 §1, 2008; Ord. 10-14 §10, 2014; Ord. No. 2017-05, §9, 5-4-2017)

(a)

Upon receipt of a completed application, the City Clerk shall transmit a copy of such application to the City Engineer, Planning and Zoning Commission, City Council, Public Works Director, City Attorney and such other agencies, either public or private, as may be deemed by the City Manager to have an interest.

(b)

Confirmation of completion.

(1)

Within ten (10) days, the City Manager shall determine whether the application is complete and in compliance with all submittal requirements and shall notify the applicant in writing. An application determined to be incomplete shall be returned to the applicant with written notification of deficiencies.

(2)

Upon completion, the applicant shall submit copies of the application to the City for referral in a number determined by the City Manager.

(c)

Referral.

(1)

Upon receipt by the City Manager of the referral copies of the application, the City Manager shall notify City staff and the following referral agencies serving the property, including but not limited to utility companies, sanitation districts, school districts and fire departments.

(2)

Referral agencies shall have thirty (30) days from receipt of the referral (the "referral period") to submit a response.

(3)

Upon expiration of the referral period, City staff shall compile all comments received and provide them to the applicant.

(d)

Notice.

(1)

At least fifteen (15) days prior to each hearing, the City Clerk shall notify the applicant in writing of the time and place of the public hearing.

(2)

At least fifteen (15) days prior to each hearing, the City Clerk shall mail notice of the hearing, including the date, time and place of the hearing, to property owners within one hundred (100) feet of the property.

(3)

At least ten (10) days prior to each hearing, the City shall post notice of the hearing on the property. Each sign shall be at least two (2) feet by three (3) feet in size, with letters of such type size as shall substantially fill the sign with the following language. Each sign shall be erected in a conspicuous location along each public street abutting the subject property, shall be dated and shall be in substantially the following form:

CITY OF EDGEWATER
NOTICE OF PUBLIC HEARING ON
AN APPLICATION FOR A
[PLANNED UNIT DEVELOPMENT]

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE [EDGEWATER CITY COUNCIL OR PLANNING COMMISSION] IN THE CITY COUNCIL CHAMBERS AT THE EDGEWATER MUNICIPAL BUILDING, 2401 SHERIDAN BLVD., AT 7:00 P.M. ON  (DATE) , TO CONSIDER AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT FOR THIS PROPERTY. ALL THOSE WISHING TO BE HEARD SHOULD BE PRESENT AT THE TIME AND PLACE STATED ABOVE. FOR MORE INFORMATION, CONTACT THE CITY CLERK AT (303) 238-7803.

(4)

At least ten (10) days prior to the hearing, the City Clerk shall cause notice of the hearing to be published in a newspaper of general circulation within the City.

(e)

Public hearing of Planning and Zoning Commission. The applicant or a representative of the applicant must attend the public hearing before the Planning and Zoning Commission and demonstrate that the PUD application is in compliance with the criteria for approval set forth in this Article. At the conclusion of the public hearing, the Planning and Zoning Commission shall pass a resolution recommending approval, with or without conditions, if the PUD application is in compliance with the criteria for approval set forth under this Article. If the PUD application is not in compliance with the criteria for approval set forth under this Article, the Planning and Zoning Commission shall pass a resolution recommending denial of the application. A copy of the resolution passed by the Planning and Zoning Commission shall be transmitted to the City Council prior to its next regularly scheduled meeting, and the City Council shall schedule and hold a public hearing in accordance with Subsection (d) above.

(f)

Public hearing of City Council. The applicant or a representative of the applicant must attend the public hearing before the City Council and demonstrate that the PUD application is in compliance with the criteria for approval set forth in this Article. At the conclusion of the public hearing, the City Council shall, by ordinance, approve, with or without conditions or modifications, or deny the application pursuant to the criteria set forth in this Article.

(g)

After the PUD has been granted final approval by the City Council, the ordinance and any associated plats or plans shall be recorded with the County Clerk and Recorder at the applicant's expense.

(Prior code 23-486; Ord. 12-08 §1, 2008; Ord. 10-14 §10, 2014)

An approved PUD development plan shall expire and thereafter be null and void if a building permit is not issued for work authorized by the plan within two (2) years of the date of plan approval.

(Prior code 23-487; Ord. 10-07 §7, 2007; Ord. 12-08 §1, 2008; Ord. 10-14 §10, 2014)

No changes may be made in an approved PUD development plan prior to or during construction of the PUD except upon application to the City under the procedures provided below:

(1)

Minor changes resulting in no more than a ten-percent change in the location, siting and height of buildings and structures and other minor changes may be authorized by the City Manager if such changes are required by engineering or other circumstances not foreseen at the time the PUD development plan was approved. Any administrative approvals granted under this Section shall be transmitted to the Planning and Zoning Commission and the City Council for their information from the City Manager.

(2)

All changes in use or density of the PUD, changes in the arrangements of lots, blocks and buildings, any changes in the provision of common open spaces and all other changes in the approved development plan, except those that are minor changes under Paragraph (1) above, must be approved under the procedure authorized for the original plan approval.

(3)

Any changes that are approved for the development plan must be recorded at the applicant's expense as an amendment to the recorded copy of the development plan.

(4)

All changes for which authorization is required under Paragraph (1) or (2) above shall comply with adopted City development ordinances, design standards and guidelines.

(Prior code 23-488; Ord. 10-14 §10, 2014)

(a)

PUD development plans approved pursuant to this Article shall be binding upon the owner of the property and their successors and assigns and may be enforced pursuant to Section 16-1-60 of this Chapter or as set forth in this Section, at the City's option.

(b)

From time to time, the Planning and Zoning Commission shall hold a public hearing to compare the actual development accomplished in the various PUDs previously approved with the development schedule and the development plan of each project. If the owner of the property in the PUD has failed to meet the approved development schedule or development plan and any supplementary agreements, proceedings to review the previously approved development plan and schedule may be initiated. Such review shall occur in the same manner as review of the initial development plan and, upon such review, the PUD approval may be revoked or the limits of the development schedule may be extended. As a condition of approval, no certificate of occupancy shall be issued if the Planning and Zoning Commission or the City Council, as applicable, determines that the development does not conform to the approved plan.

(c)

Adequate assurance, including, but not limited to, a public improvements development agreement and/or a bond, letter of credit or other guarantee, may be required to ensure that the common open space and other public improvements required by the development plan will be provided and developed at the expense of the applicant.

(Prior code 23-489; Ord. 12-08 §1, 2008; Ord. 10-14 §10, 2014; Ord. 2025-02 §1, 2025)

After the PUD has been substantially completed, the use of the land and the construction, modification or alteration of any buildings or structures within the PUD will be governed by the approved development plan rather than by any other provisions of this Chapter. No changes may be made in the approved development plan, except upon application to the City under the procedures provided below:

(1)

Any minor changes resulting in no more than a ten-percent change in the location, siting and height of buildings and structures and other minor changes may be authorized by the City Manager if they are consistent with the purposes and intent of the final plan.

(2)

Any uses not authorized by the approved final plan, but permitted as of right or by special review in the zone district in which the PUD is located, may be added to the development plan pursuant to the procedures for amendment to the PUD.

(3)

A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the approved development plan unless an amendment to the development plan is approved.

(4)

All other changes in the development plan, including changes in the use of common open space, must be approved in the same manner provided in this Article for initial development plan approval. No changes shall be approved in the development plan unless they are required for the continued successful functioning of the PUD, or unless they are required by changes in conditions that have occurred since the PUD was approved or by changes in the development policy of the community.

(Prior code 23-490; Ord. 12-08 §1, 2008; Ord. 10-14 §10, 2014)

Notwithstanding any other provision of this Article, the Board of Adjustment has the power under Section 11.5 of the Charter to hear and decide, and grant or deny, applications for variances on individual lots from the provisions of an approved PUD development plan if all legal requirements have been met.

(Prior code 23-491; Ord. 12-08 §1, 2008; Ord. 10-14 §10, 2014)

In those cases where a PUD is applied for on one (1) or more subdivided lots, but which doesn't have in place an agreement with the City for the completion of public improvements as required in Section 17-5-20 of this Code, such an agreement shall be executed and improvement guarantee required by Section 17-5-30 shall be posted, prior to recording any documents relating to the PUD.

(Prior code 23-492; Ord. 12-08 §1, 2008; Ord. 10-14 §10, 2014)

(a)

An application for a PUD shall be accompanied by both a land use application fee and a development review cash deposit, each in the amount set forth in the City's Fee Schedule as adopted by the City Council from time to time.

(b)

An application to amend a previously approved PUD that is subject to the initial approval process in accordance with Paragraph 16-28-90(2) of this Article shall be accompanied by both a land use application fee and a development review cash deposit, each in the amount set forth in the City's Fee Schedule as adopted by the City Council from time to time.

(c)

An application to amend a previously approved PUD that is subject to administrative review in accordance with Subsection 16-28-90(1) of this Article shall be accompanied by a land use application fee in the amount set forth in the City's Fee Schedule as adopted by the City Council from time to time.

(Ord. 15-10 §8, 2010; Ord. 10-14 §10, 2014; Ord. 2021-01 §2, 2021)

(a)

Notwithstanding any provision of this Article to the contrary, the owner of a property with a previously-approved development plan may file an application to dissolve and extinguish such plan when each of the following conditions are met:

(1)

The property is residentially zoned;

(2)

The property fails to meet the minimum PUD area set forth in Section 16-28-20; and

(3)

The property meets, or proposes to meet in an associated development application, all underlying residential zone district standards.

(b)

An application filed under this Section may be administratively reviewed and decided by the Zoning Administrator. Notice and record of the dissolution of any PUD pursuant to this Section shall be noted on the City's zoning map as soon as practicable and forwarded to the County for recordation. An appeal of the Zoning Administrator's decision hereunder may be made in accordance with Code Section 16-24-30.

(c)

Nothing in this Section shall preclude a property owner from applying to amend an existing PUD that meets the criteria of subsection (a) above through the amendment process otherwise available under Section 16-28-90.

(d)

Nothing in this Section shall be interpreted or applied to authorize the administrative dissolution or amendment of a PUD that contains any commercial use or a residential PUD that exceeds the minimum PUD area required by this Chapter.

(Ord. 2020-20 §4, 2020)