This section provides for planned unit developments to further the health, safety, and general welfare of City residents by permitting the City flexibility in the regulation of land development and encouraging innovation and variety in land use and design of projects. The standards of this section are intended to encourage and provide for a more efficient arrangement of land uses, buildings, circulation systems, and infrastructure.

8.2.1

Generally. An application for a planned unit development may be submitted on any parcel or contiguous parcels within the City where the site meets one (1) or more of the following criteria:

a.

Mixed or varied uses are proposed that cannot be achieved under a single zoning district;

b.

The site exhibits unusual topography or a unique setting within the community;

c.

Innovation and variety of design are proposed that are not achievable under the current zoning districts of this ordinance;

d.

Additional amenities are made possible by and incorporated within the development;

e.

A substantial public benefit is proposed within or as a result of the project;

f.

A cross-jurisdictional development is proposed that warrants flexibility in terms of design and layout.

Approval will not be granted when the planned unit development is determined to be sought primarily to avoid the imposition of standards and requirements of existing zoning classifications rather than to achieve the objectives of this ordinance.

8.2.2

Minimum Site Size. The site on which an application for planned unit development is proposed shall be self-contained and shall contain no less than five (5) contiguous acres (exclusive of all existing public and private road rights-of-way on the perimeter of the site). Notwithstanding anything contained in the preceding sentence to the contrary, in the event that a planned unit development is proposed which lies partially within and partially outside the jurisdictional boundary of the City and that portion lying within the City is less than five (5) acres in size, that portion lying within the City may, in the discretion of the Planning Commission, be combined with the acreage of those areas of the proposed planned unit development lying beyond the City's jurisdictional boundaries for purposes of establishing whether the five (5) acre minimum has been met.

To encourage flexibility and creativity consistent with the objectives of the zoning ordinance, the Planning Commission may approve projects of less than five (5) acres. Such a deviation shall be approved through a finding of fact by the Planning Commission that the deviation meets the purpose of a planned unit development set forth in Approval Criteria. In granting such a deviation, the Planning Commission shall consider factors such as preservation of steep topography, soils unsuitable for development, surrounding land uses which may make the parcel unsuitable for traditional development, transfer of acreage or easements to the City or other appropriate organization for broadly beneficial public projects, or truly innovative design. Such a dimensional deviation is not subject to variance approval by the Zoning Board of Appeals.

8.2.3

Site Accessibility. A planned unit development shall be directly accessible from a major thoroughfare. The City may authorize a project that does not have direct access to a major thoroughfare, provided appropriate findings of fact are made demonstrating that:

a.

The project is directly accessible from a public road of suitable design and construction to handle any anticipated traffic that will be generated by the project;

b.

The anticipated traffic volumes are not reasonably expected to result in adverse impacts for those uses and properties along the public road system; and

c.

The efficiency and safety of the overall public road system will not be negatively impacted.

Open Space: A Planned Unit Development shall be designed to incorporate a minimum of 20% usable open space to supplement the residents of the PUD and/or City. These areas are anticipated to provide recreational opportunities such as parks, trails, playgrounds, and other similar opportunities.

8.3.1

Generally. Preliminary review shall establish proposed land uses, project density, site layout and design, proposed vehicular and pedestrian circulation patterns, natural resource protection areas, open space, land use buffers, grading, storm water management patterns, and site servicing. Final engineering is not required for preliminary review and decision.

8.3.2

Completeness Review. The Zoning Administrator or Planner of Record shall conduct a completeness review. The Zoning Administrator will also bring in other departments as needed to ensure the application meets all relevant agency standards and codes.

8.3.3

Planning Commission.

a.

The Planning Commission shall hold a public hearing on the development application.

b.

Following review and public hearing on the application, the Planning Commission shall make a preliminary recommendation to the City Council on whether to approve or deny the request for preliminary planned unit development approval. Preliminary recommendation of a planned unit development shall specify all conditions that must be satisfied prior to submission of the planned unit development under Final Review and Decision.

c.

Preliminary plans may not be changed or amended except as required by final engineering.

8.3.4

City Council.

a.

Upon receipt of the Planning Commission's recommendation, the City Council may hold a public hearing on the application for preliminary planned unit development approval and may specify additional conditions or requirements that shall be satisfied prior to submission of the planned unit development under final review and decision.

b.

Preliminary plans may not be changed or amended except as required by final engineering.

8.4.1

Generally. Final review shall address all conditions imposed by the Planning Commission and/or City Council in the preliminary decision on the planned unit development. Applications for final review and decision shall not be considered until all conditions have been addressed.

8.4.2

Completeness Review. The Zoning Administrator or Planner of Record shall conduct a completeness review to determine that all conditions of the preliminary decision have been addressed. No application shall be referred to the Planning Commission until this standard has been satisfied. The appellate agency for purposes of this completeness review is the Planning Commission. Upon certification by the Zoning Administrator or Planner of Record that all requirements of the preliminary recommendation have been satisfied, the application shall be referred to the Planning Commission for its final review and recommendation.

8.4.3

Planning Commission.

a.

The Planning Commission may hold a public hearing on such application for final review and decision.

b.

After review, the Planning Commission shall transmit its final recommendation to the City Council to approve, approve with final conditions, or deny the request.

8.4.4

City Council.

a.

The City Council shall hold a public hearing on the application for final review and decision.

b.

Following review and public hearing, the City Council shall deny, approve, or approve with final conditions the request for final planned unit development approval. Approval of a planned unit development shall be incorporated in a Report and Decision Order that shall include the decision, the basis for the decision and any final conditions imposed. The decision shall be made within 90 days of receiving all requested information.

In its review of an application the City shall, at a minimum, consider the criteria as defined in 8.5.1, 8.5.2, and 8.5.3.

8.5.1

Scope of Authority—Uses. A planned unit development may include any principal and other use(s) permitted by right, permitted under special condition or permitted by special use permit in the zoning district where the land is located. The City Council may also authorize principal and other uses not permitted in the zoning district where the land is located, provided appropriate findings of fact are made demonstrating that:

1.

The proposed uses, within the context of the overall development plan, are harmonious and compatible with the planned uses of the site and the surrounding area, as provided for within the Master Plan;

2.

The proposed density is in accordance with the policies and objectives set out in the Master Plan; and

3.

In areas where the surrounding lands have been substantially developed in accordance with a particular land use character, pattern and density, the planned unit development shall be consistent and compatible with that existing land use character, pattern and density.

8.5.2

Scope of Authority—Dimensional Standards. A planned unit development may alter and establish lot size limits, required facilities, buffers, open space areas, density limits, setback requirements, height limits, building size limits, off- street parking regulations, landscaping rules, miscellaneous regulations, and intensity limits where such regulations or changes are consistent with the intent of this section and the standards set forth herein.

OBJECTIVES

The following objectives shall be considered in reviewing any application for a planned unit development:

a.

To permit flexibility in the regulation of land development;

b.

To encourage innovation in land use and variety in design, layout, and type of structures constructed;

c.

To achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities;

d.

To encourage useful open space; to provide improved housing, employment, and shopping opportunities particularly suited to the needs of the Region;

e.

To encourage the innovative use, re-use, and improvement of existing sites and buildings; and

f.

To permit development in accordance with the policies and objectives of the Master Plan.

8.5.3

Criteria. In order to foster the attractiveness of a planned unit development and its surrounding neighborhoods, preserve property values, provide an efficient road and utility network, ensure the movement of traffic, implement comprehensive planning, and better serve the public health, safety, and general welfare, the following criteria apply to planned unit developments. These criteria shall neither be regarded as inflexible requirements, nor are they intended to discourage creativity or innovation.

1.

The uses will be compatible with the natural environment, and with adjacent and surrounding land uses and properties, and will not have an adverse economic, social or environmental impact on adjacent and surrounding land uses and properties;

2.

The uses will be compatible with the capacity of existing public services and facilities, or of planned and feasible future public services and facilities, and such use is consistent with the public health, safety and welfare of the City residents;

3.

The uses and development are warranted by the design of additional amenities made possible with, and incorporated by, the development proposal;

4.

As is practicable, the landscape shall be preserved in its natural state by minimizing tree and soil disturbance and removal;

5.

Existing important natural, historical and architectural features within the development shall be preserved;

6.

Proposed buildings shall be sited harmoniously to the terrain and to other buildings in the vicinity that have a visual relationship to the proposed buildings;

7.

With respect to vehicular and pedestrian circulation and parking, special attention shall be given to the location and number of access points to public streets, minimizing potential motorized/non-motorized conflict points, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and the arrangement of parking areas that are safe and convenient and, insofar as is practicable, do not detract from the design of proposed structures and neighboring properties;

8.

Landscaping is provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property and, where applicable, to create a pleasant pedestrian scale outdoor environment;

9.

The development consolidates and maximizes usable open space;

10.

The benefits of the development are not achievable under any single zoning classification; and

11.

The development is compatible with the intent and purpose of the adopted Master Plan.

Amendments to an approved Planned Unit Development shall be considered according to the review procedure under Final Review and Decision.