(a)

Purpose. It is the intent of this section to provide for integrated developments having harmony of design and variety of function. It is not intended to permit a greater density of uses than those set forth in the regulations of the district or districts in which the development is located, but rather to provide for a greater flexibility in the design of buildings, yards and circulation that would otherwise be possible through the strict application of district regulations, and to produce:

(1)

A maximum choice in the type of environment and living units available to the public.

(2)

Open space and recreation areas.

(3)

A pattern of development which preserves trees, outstanding natural topography and geologic features.

(4)

An efficient use of land, resulting in smaller networks of utilities and streets.

(5)

An environment of stable character in harmony with surrounding development.

(6)

Superior development, and more desirable environment than would be possible for the PUD parcel, through the strict application of other sections of the chapter.

(b)

Design characteristics and development density. The proposed PUD shall be designed to provide for the unified development of the area in accordance with the spirit and purposes of the district or districts in which the unit is located. The design may provide for modification of yard, setback, minimum dwelling unit size, height requirements or other variations consistent with the spirit and intent of this chapter, but the residential density allowed by existing zoning of the PUD parcel shall not be increased. The design may provide for one or more dwelling unit types and may consist of individual lots or it may have common building sites. Preserved open space and/or common land should be an essential and major element of the plan, which relates to and enhances the long-term value of the homes and other uses.

(c)

Special use. Development plans approved under the provisions of the process contained herein are declared to be in the nature of a special use, and as site development criteria supplemental to the ordinary requirements of the zoning ordinance. A PUD may be authorized, provided that all of the provisions of this section are complied with, but authorization is not mandatory, and PUD is not a use or right.

(d)

Location. A PUD may be permitted only in residential districts and in no other districts.

(e)

Preliminary PUD plan. The developer shall submit a site development [plan] in support of the application for a PUD permit. The site development plan shall consist of maps and tests which contain:

(1)

Site characteristics and ownership.

a.

Name of the PUD.

b.

Name and address of the developer.

c.

Name and address of land planner, engineer, architect, landscape architect or others preparing the plans.

d.

Sufficient surrounding area to demonstrate the relationship of the PUD to adjoining areas, both existing and proposed.

e.

Existing topographic character of the land, showing contours at five foot contour intervals (or smaller intervals if appropriate), structures, waterways, wooded areas and other significant natural or man-made features.

f.

Existing zoning in tract and within 1,000 feet.

g.

Boundary survey showing measurements and legal description.

h.

Names of all adjoining property owners within 185 feet, as disclosed by the most recent tax records.

i.

Acreage of tract in the PUD.

(2)

Concept.

a.

Proposed land uses, including public uses and open spaces and the approximate location of buildings and other surroundings.

b.

The character and approximate density of dwelling units per acre within each separately identifiable segment or module of the PUD.

c.

An explanation of the character of the PUD (describing land areas and uses, dwelling unit types and mix) and a statement of the applicant's intentions with regard to the future selling, leasing or renting of all or portions of the PUD.

d.

The existing and proposed pedestrian circulation system and its interrelationship with the vehicular circulation system, indicating proposed treatment of points of conflict.

(3)

Design.

a.

The approximate location of streets.

b.

The approximate location of parking areas and parking ratio.

c.

The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open space, public parks, recreational areas, school sites, and similar public and semi-public uses.

d.

The existing and proposed utility systems, including storage and sanitary sewers, water, electric, gas and telephone lines, showing their size, depth and location.

e.

The proposed treatment of the perimeter of the PUD, including materials and techniques used, such as screens, fences, walls, earth berms and landscaping.

f.

The planning commission may require a circulation diagram, indicating the proposed movement of vehicles, goods and pedestrians within the planned development and to and from existing thoroughfares, if the commission finds that the PUD creates special problems of traffic and parking.

(4)

Legal, financial and phasing requirements.

a.

The expected schedule of development.

b.

Suitable documentation to show economic or other justification, primarily within the PUD itself, for any proposed nonresidential use.

c.

Tentative legal instruments (covenants, homeowner's association devices) should be included whenever private maintenance and sanctions are to be substituted for normally provided public services and controls.

The planning commission shall review the plan and make recommendations to the council. Following the public hearing process, the council shall act on the proposed plan, provided all documents submitted under subsection (e)(4), have been approved by the city counselor as to form and sufficiency. Upon approval by the city council, the PUD shall be designated on the zoning district map. Unless the PUD is to be constructed in one phase, the plan shall provide for staged development of the project.

Approval of the preliminary PUD plan shall be deemed to satisfy the requirements for a sketch plat of a subdivision.

Approval of the preliminary PUD plan shall be binding upon the owners, their heirs and assigns, until such time as the city council may release such limitations on the use of the subject property under the procedures provided herein.

(f)

Final PUD plan. A final PUD plan shall be filed with the planning and zoning commission and shall be in accordance with the approved preliminary PUD plan, or one of the development stages thereof, and shall include:

(1)

Details as to the location of uses and street arrangement.

(2)

Location and capacity of parking areas and overall parking schedule.

(3)

Plans showing location of all utilities, and sizes, depth and easements, including storm drainage easements [of such utilities].

(4)

Any other information normally shown on a preliminary plat of a subdivision, including appropriate certifications.

(5)

Final vehicular and pedestrian circulation plan, and updated or refined proposals for any special landscaping, special site grading or nonresidential uses given consideration in the preliminary PUD plan, including detailed feasibility or market studies for proposed commercial uses.

(6)

The dwelling unit density of each residential segment, the gross density of the project, and the area in square feet of all nonresidential buildings, by type of use.

(7)

Provisions for the ownership and maintenance of the common open spaces as will reasonably ensure its continuity and conservation. Open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be effective without the consent and acceptance by the city council.

(8)

Such declarations, covenants, by-laws and other instruments as may be necessary to establish and govern any homeowners or other association charged with continuing maintenance and operational responsibility under the PUD plan.

The final PUD plan documents will he reviewed and forwarded to the planning and zoning commission for its recommendations. All documents submitted under subsections (7) and (8) immediately above must be approved by the city counselor as to form and sufficiency.

It shall be the responsibility of the commission to determine that the final PUD plan conforms to the intent of the preliminary PUD plan. In the event the commission finds the final PUD plan not to be in conformity with the preliminary PUD plan, the applicant shall have the right of appeal provided by this zoning ordinance.

If the final PUD plan fails to conform to the intent of the approved preliminary PUD plan, any amendment to the plan and the applications for such amendment shall be handled in the same manner as the original application, with public hearings before the planning and zoning commission and the city council, following due public notice as required by law.

If the commission, having reviewed the final PUD plan finds that it conforms to the intent of the preliminary PUD plan, its recommendations of the plan shall be forwarded to the city council for its review and final action.

Approval by the city council of the final PUD plan shall be deemed to satisfy the requirements for a preliminary plat of a subdivision.

Approval by the city council of the final PUD plan shall be binding upon the owners, their heirs and assigns, until such time as the city council may release such limitations on the use of the subject property, under the procedures provided herein.

(g)

Coordination with subdivision ordinance. It is the intent of this chapter that subdivision review be carried out simultaneously with the review of PUD under this section of the zoning ordinance.

(1)

The plans required under this chapter (ordinance) must be submitted in a form which will satisfy the requirements of the subdivision ordinance (chapter 102) for the sketch and preliminary plats required under those regulations.

(2)

In any PUD for which the provisions of the two ordinances are in conflict, the provisions of this section shall prevail and exceptions to the subdivision ordinance may be granted.

(3)

No building permit shall be issued for any construction in this PUD until the city council shall have approved the final PUD plan and all other applicable ordinance and other requirements are met; provided, however, that building permits may be issued for attached structures prior to final subdivision plat approval, if, in the judgment of the zoning official, such issuance will facilitate more accurate property division for eventual conveyancing purposes. In no event may such structures be certified for occupancy, nor may such properties be conveyed, until the final subdivision plat has been approved.

(h)

Design standards and development criteria. Conventional zoning and subdivision design standards shall be applicable, except as provided herein, unless specifically requested by the developer, waived by the council, and noted on the approved PUD plan.

(1)

Project size: No minimum project size in acreage or dwelling units. Sufficient size or yield to provide:

a.

Adequate supporting population for commonly held facilities.

b.

Project identity and design integrity.

(2)

Ownership: Single ownership, or unified control under a joint venture or similar single-organization structure. Holdings must be contiguous and project management centralized.

(3)

Uses permitted: Residential dwelling units. For purposes of this section, dwelling units shall mean detached, semi-detached, attached, multiple-unit, groups of attached or multiple-unit structures, or any combination thereof. Nonresidential uses which are designed or intended to serve the residents of the PUD and which are essentially justifiable by the PUD may also be allowed if shown to be in the public interest.

(4)

Number of permitted dwelling units: The maximum permitted number of dwelling units within a PUD shall be determined by dividing the minimum lot size of each zone within which the project is located into the total number of square feet in the zone contained in the PUD, excluding:

a.

Fifteen percent of the total land area (a flat figure which represents the area normally included in streets and rights-of-way).

b.

Acreage devoted to other than residential, recreational or open space area.

If the PUD is within two or more residential zoning districts, the permitted density shall be the sum of permitted dwelling units computed separately for the area within each district.

(5)

Access: The PUD site itself must be accessible from public roads which are adequate to carry the traffic generated by the proposed development. The streets, driveways and pedestrian ways within the proposed development must be adequate to serve the residents, visitors or occupants of the PUD. Access to each dwelling unit shall be provided by a public right-of-way, or by a private vehicular or pedestrian way owned by the individual unit owner in fee or held in common ownership by the residents of the PUD.

(6)

Off-street parking: Off-street parking shall be provided as required by the zoning ordinance, unless the applicant can demonstrate the suitability of other standards. The off-street parking requirements may be complied with by providing one or more permanent, common off-street facilities for combined uses within the development, provided that the facility contains the requisite number of spaces for each use and that the spaces provided for residents are both clearly designated and conveniently located.

(7)

Construction timing: The construction of the PUD shall be started within 18 months of the effective date of approval of the final plan by the city council. Failure to begin substantial development of the plan within 18 months shall automatically void the development plan. If cause is shown prior to its expiration, the city council may extend this period for such additional time as it may deem appropriate to the circumstances.

(8)

Development staging: The schedule of staging of development shall not be such that a staged implementation of the PUD would result in land use conditions which would establish a precedent for the use of adjoining undeveloped property for purposes other than those shown on the approved PUD plan and/or the Fulton Master Development Plan.

(9)

Perimeter requirements: In all residential districts, no portion of a building or structure shall be closer than 25 feet to a perimeter property line or 25 feet to a street right-of-way; except that where development or redevelopment is planned in an area where the buildings or structures on adjoining lots have been erected closer to the lot lines than these standards permit, the planning and zoning commission may recommend, and the city council may allow, the placement of structures closer to perimeter lot lines; provided, that in no instance shall the setback requirements be less than those required for the abutting land uses.

(10)

Homeowners' association: A homeowners association or other suitable permanent organization shall be created for purposes of improving, operating and maintaining private common facilities, including streets, drives, service and/or parking areas, and recreation areas, sufficient to secure these ends, whenever the PUD plan provides for such facilities and creates the need for continuing responsibility for their upkeep.

(i)

Amendments. On request of the PUD developer, the planning and zoning commission may review plans and may authorize minor changes to the final PUD plan, so long as substantial compliance with the original PUD plan and its terms and conditions is assured. Changes which would represent a significant departure from the final PUD plan may only be approved under a revised application for a preliminary PUD plan, reviewed in the same manner and under the same procedure as the originally submitted plan. The determination of whether a proposed change would represent a significant departure from the approved final PUD plan shall be made by the planning and zoning commission.

(j)

Protest. Property owners within 185 feet of a proposed planned unit development may present a formal protest in the same fashion as provided by law for rezoning.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)