A Planned Unit Development (PUD) provides flexibility in zoning requirements, allowing a more creative approach to development, one that better takes advantage of a site's special characteristics than would be possible through the strict enforcement of this Code. The specific objectives of a PUD are to:

A. Achieve efficiency in the use of land, natural resources, energy, public services, and utilities.

B. Encourage innovation in land use and variety in design, layout, and type of structures. Implement the Master Plan goals and vision

C. Encourage the reuse and improvement of land where site conditions make development under conventional zoning difficult and less desirable.

D. Encourage the reuse and improvement of land where site conditions make development under conventional zoning difficult and less desirable.

E. Permit flexibility in the zoning regulations while assuring the application of sound site planning standards.

F. Promote the development of compact, mixed-use developments that will support public transportation and result in sustainable and healthy neighborhoods.

G. Provide opportunities for improvements to public infrastructure and facilities.

The CED Director has final discretion over required submittals for a PUD. The PUD application details minimum submittal requirements. Submission of a PUD requires a complete application with ancillary submittals and any associated fees to be paid. Applications will not be processed unless they are determined to be complete. Any property owner aggrieved by a submittal requirement decision by the CED Director may appeal to the BZA.

A. Process Overview. All PUDs require consideration by City staff and Planning Commission, and final approval by the City Council.

B. Pre-Application Meeting. The CED Director may require a property owner to present their PUD at 1 or more pre-application meetings before submitting a formal application. A property owner's requirement to present at a pre-application meeting is not appealable to any officer, board, or commission. Failure to present at a pre-application meeting will result in an incomplete application determination if submitted.

C. PUD Conceptual Plan. The Conceptual Plan process requires review by the Planning Commission and approval by the City Council. The process is as follows:

D. Review Process and Public Hearing.

1. The CED Department reviews the application for completeness and schedules the project for a public hearing at a future Planning Commission meeting in compliance with Section 17.03: Public Hearings. The CED Department recommends approval, approval with conditions, or denial.

2. The Planning Commission holds the required public hearing and recommends to the City Council approval, approval with conditions, or denial based on the criteria in Section 11.04: Approval Standards.

3. The City Council holds the required public hearing in compliance with Section 17.03: Public Hearings and approves, approves with conditions, or denies the PUD based on the criteria in Section 11.04: Approval Standards.

E. PUD Site Plan. A PUD requires an approved site plan by the Planning Commission. The site plan shall be presented concurrently to the Planning Commission with the PUD. If the Planning Commission denies the site plan, the PUD does not move forward to the City Council. If the City Council changes the PUD, which affects a Planning Commission-approved site plan, the CED Director shall follow Section 11.05: Procedures After Approval, to determine if City Council’s approval or approval with conditions of the PUD conflicts with Planning Commissions approval of approval with conditions of the site plan, and in such cases, may process minor modifications administratively, or present an updated site plan to Planning Commission for their review and approval.

The following standards must be met for a PUD, as applicable:

A. Compliance with the Master Plan. The proposal furthers the goals and objectives of the Master Plan.

B. Use and Zoning District Compatibility. The proposal must be compatible with the intent statements of the zoning district and surrounding uses.

C. Affordable Housing. If housing is proposed, the development proposal must include a provision of affordable housing units.

D. Utilities, Soil Erosion, Sedimentation Control, and Drainage. Utility services, including sanitary, water, and storm runoff, must not exceed the existing or planned capacity of such services and must be developed in the best interest of the community's public health, safety, and welfare. The proposal must be designed and located so that public services, including streets and sidewalks, police and fire protection, and public schools, have sufficient capacity to serve the development properly and so that such services will not be adversely affected by the proposed development.

E. Transportation, Mobility, and Circulation. The proposal must encourage an efficient and environmentally sound transportation system, with the following standards met:

1. Ensure the safety and convenience of pedestrian and vehicular traffic.

2. Ensure efficient traffic flow and control and the proper placement of curb cuts for ingress and egress.

3. Ensure adequate turning radius for trucks and vehicles regularly servicing the site.

4. Ensure easy access in fire, catastrophe, and emergency cases.

5. Designed not to create undue traffic congestion on adjacent public streets.

6. Ensure mobility options are provided, including pedestrian, bicycle, personal vehicle, and transit, as appropriate to the scale of the development proposal and its use.

F. Landscaping and Screening. Walls, berms, and vegetative screens (or a combination) must act as buffers to provide a more compatible, safer, and visually attractive physical separation between various land use types. Landscaping and screening must create a definitive site improvement, minimizing the impact that one type of land use may have on another.

G. Green Infrastructure and Natural Resources. General site landscaping must enhance nearby property's appearance, character, and value while providing an environmental benefit. The natural assets of a lot must also be preserved and enhanced to the extent practicable.

H. Lighting. Site lighting must be harmonious with properties in the vicinity while adequately illuminating a site for safety and convenience. Excessively bright and harsh site illumination is not allowed as it creates an undesirable halo effect on the lot, diminishes the surrounding environment, and presents a potential hazard to vehicle and pedestrian traffic on adjacent streets and sidewalks.

I. Building Form and Design Standards. Building form and design must relate to and be harmonious with the surrounding area regarding texture, scale, mass, proportion, materials, and color. Structures must comply with setbacks, height, and other dimensional standards and be located to preserve environmentally sensitive areas. Entrances must be accessible and barrier-free. If applicable, the proposed site plan and building(s) must also comply with the form-based standards.

J. General Development or Use Requirements. The proposal must comply with the general site requirements of Article 3: General Provisions, Article 8: Signs, and any applicable standards of Article 5: Specific Use Standards.

K. Conformance with the Intent of a PUD. The overall design and uses must be consistent with and promote the intent of a PUD. It must result in a recognizable and substantial benefit to the ultimate users of the project and to the community and result in a higher quality of development than could be achieved under conventional zoning. A PUD must have two or more separate and distinct uses, for example: multiple-unit dwellings and commercial uses.

L. Compatibility with Adjacent Uses. The PUD, with respect to height, setbacks, density, parking, circulation, landscaping, views, and other design and layout features, is compatible to the development of surrounding properties and their uses. In determining whether this requirement is met, consideration must be given to:

1. The design, bulk, placement, and façade materials of proposed structures.

2. The location and screening of vehicular circulation and parking areas. The resulting vehicular circulation must encourage cross-connectivity within the site and to adjacent sites.

3. The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment.

4. The hours of operation of the use(s) and/or user(s).

5. Landscaping and other amenities.

6. Anticipated levels of noise, vibration, smoke, odor, or other environmental discharge.

M. Public Service. The PUD cannot exceed the capacity of existing and available public services, including but not necessarily limited to: utilities, public roads, police and fire protection services, and educational services.

N. Traffic and Mobility. The PUD must minimize the impact of traffic the proposed project generates on surrounding uses. In determining whether this requirement is met, consideration will be given to:

1. Estimated traffic to be generated by the proposed development.

2. Proximity and relation to intersections and major thoroughfares.

3. Location of and access to off-street parking.

4. Required vehicular turning movements.

5. Extent and nature of road improvements.

6. Provisions for pedestrians, cyclists, and transit options.

O. Connectivity. Pedestrians and vehicles:

1. If applicable, the site must be divided into blocks (with a maximum length of 500 feet to support walkability).

2. Cul-de-sacs are not permitted, and sub-streets must be extended to complete the grid street network.

3. Travel lanes for new development must be 10 feet wide. For existing sites, curb cuts must be reduced in width or eliminated to comply with MDOT standards (based on the speed of the road).

4. Traffic calming techniques, such as horizontal deflections, road narrowing, ripples, pavers, central island, entry or gateway treatments, raised medians, on-street parking, roundabouts, and textured pavements, must be provided.

5. Sidewalks and non-motorized infrastructure to adjacent sites must be provided.

P. Streetscape Design. At least three of the following streetscape design elements must be incorporated:

1. Pedestrian scale, decorative lighting.

2. Planters or landscaping features beyond Code requirements.

3. Trash/recycling receptacles.

4. Street furniture (benches, etc.).

5. Transit shelter (including enhancements).

6. Widening of sidewalks.

7. Bicycle lanes or additional bicycle parking beyond Code requirements.

Q. Usable Open Space. Exhibits significant natural features or open space encompassing at least 10% or greater of the land area of the PUD. In addition to providing the required landscaping, a PUD must create at least two places of interest:

1. Art installations.

2. Community Gardens.

3. Plazas.

4. Outdoor Dining.

5. Other places that are inviting and accessible to the public, as determined by the City.

R. Design Features. Must incorporate sustainable design features, including, but not limited to at least three of the following:

1. Public or alternative transportation access.

2. Additional EV charging stations (beyond Code requirements).

3. Low-impact design (LID) features, such as bioswales or a rain garden.

4. Certification of LEED (Leadership in Energy and Environmental Design) or Living Building Challenge LBC).

5. Adaptive reuse or redevelopment of a building or site.

S. Preservation of Natural, Cultural, or Historic Features. If existing, the PUD must preserve distinctive natural features on the site to the maximum extent feasible, such as, but not limited to: woodlands, wetlands (including hydric soils), cultural or historic buildings or features, etc.

T. Positive Economic Impact. The PUD cannot result in an unreasonable negative economic impact on surrounding properties. In determining whether this requirement is met, consideration will be given to projects that meet at least one of the following:

1. Creates an economically impactful number of jobs for City residents or gives job priority to City residents.

2. Develops valuable social infrastructure such as schools, childcare facilities, restaurants/cafes, public spaces, owner-occupied housing, or uses similar to those listed.

3. Provides at least 20% affordable housing units.

4. Provides skill-trades job training for City residents.

U. Unified Control. A PUD must be under single ownership or control (a single person or entity responsible for assuring the project's completion in conformity with this Code). If there is more than one owner or entity, each must provide a written commitment to work in unison to complete the project. The applicant(s) must provide legal documents of single ownership or joint unified control in the form of agreements and deed restrictions that demonstrate that the PUD can be completed as approved and that all portions of the PUD that are not to be maintained or operated at public expense will continue to be operated and maintained by the developers or their successors. This provision does not prohibit a transfer of ownership or control, provided notice of such transfer is given to the City.

V. Compatible with Adjacent Uses and an Improvement to Community. The proposed use must be compatible with the adjacent uses and an improvement to the community. In determining whether this requirement has been met, consideration shall be given to location and screening of vehicular circulation and parking; location and screening or outdoor storage; hours of operation, bulk and placement of proposed structures in relation to surrounding uses, proposed landscaping and other site amenities.

A. Approval Expiration. The PUD is approved for construction for 2-years from the approval date. If a building permit has not been obtained and/or construction has not commenced within the two-year period, the site plan is null and void, and the City shall amend the zoning map to reflect the zoning of the property immediately before the PUD approval.

B. Approval Extensions. The CED may grant an extension of up to 18-months for an approved PUD. An extension may only be granted provided the approved PUD continues to adequately represent current conditions on and surrounding the site, that the applicant has shown substantial progress on the project, the project has suffered an unavoidable delay, and that the PUD conforms to the standards of the City regulations, at the time of the applicant's request for an extension. Denial by the CED Director to approve an extension is not appealable to any officer, board, or commission.

C. By Owner’s Action. An owner of an approved PUD may petition the CED Director to rescind such approval. Upon receipt of such petition, the CED Director shall terminate approval of the PUD. Only those uses permitted by right within the applicable zoning district will be allowed on the property.

D. Modifications to a Previously Approved PUD. An approved PUD may be subsequently modified, subject to the review and approval requirements of this Article based on the scope of the proposed modifications. The CED Director may approve minor PUD modifications. The CED Director determines if a modified PUD must seek administrative or City Council approval. All modified PUDs require updated plans.

1. Minor Modifications to a PUD:

a) Slight movement of a structure, provided all setback, parking, landscaping, and other site requirements are met.

b) Minor improvements to site access or circulation, such as deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, and removing a curb cut. The addition of a new curb cut is not considered a minor modification.

c) Slight modification of sign placement or reduction of size/number.

d) Changes required or requested by a City, county, state, or federal agency for safety reasons or for compliance with applicable laws that do not alter the basic design, compliance with the standards of approval, nor any specified conditions of the approved special land use.

e) Situations the CED Director deems similar to the above, which do not alter the basic design, compliance with the standards of approval, nor any specified conditions of the approved special land use.

E. Council Review. If determined to be necessary, the City Council may refer any PUD back to the Planning Commission for further consideration.

F. Resubmission. No application the City has denied may be resubmitted until the expiration of 1-year from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions sufficient to justify reconsideration, in the CED Director’s sole determination. Any property owner aggrieved by this decision may appeal to the BZA.

G. Discontinuance of a PUD. The discontinuance of a PUD for 12-months or more terminates its approval and makes it null and void. In the event of a disagreement between the CED Director and the property owner on whether a discontinuance has occurred, the property owner shall submit evidence for the CED Director to determine if, in fact, a discontinuance has occurred. This evidence could be statements from the property owner, tenant, or nearby property owners, utility bills, leases, etc. Any property owner aggrieved by a decision of discontinuance may appeal to the BZA.

A. PUD Agreement. In addition to the items in Section 9.02: Submittal Requirements, the applicant shall submit a PUD agreement between the City and the applicant, which the City shall review and approve. The agreement must include any specific terms and conditions relating to the administration of the PUD.

B. Penalties and Remedies.

1. Conformity. The property owner for whom PUD approval has been granted is responsible for maintaining the property in conformity with the approval on a continuing basis unless the City approves a new or amended PUD.

2. Failure to Conform.

a) A breach of any condition and the failure to correct such breach within 30 days after an order to correct is issued by the City is a reason for revocation of the PUD approval. Additional time for correction of the cited violation may be allowed by the City upon submission of proof of good and sufficient cause. Conditions of an approved PUD are continuing obligations to the property owner and are binding upon their heirs and assigns and any persons taking title to the affected property while such PUD is in effect.

b) The first violation of non-conformity to an approved PUD is a municipal civil infraction. A first offense is subject to a minimum $100.00 fine and any other penalties authorized by law. Second offenses within a 12-month period are punishable by a fine up to $200.00. Third and subsequent offenses are punishable by a fine up to $500.00 and a mandatory court appearance. Each day on which a violation shall continue shall constitute a separate offense and shall be punishable as such. These requirements are in addition to, and not in lieu of, all other City Codes, regulations, or state law.